Category: Court Process · Statute: Florida Rule of Criminal Procedure 3.240 · Source: Florida Legislature
Understanding Change of Venue in Florida
In Florida, a change of venue is a legal mechanism governed by Rule 3.240 of the Florida Rules of Criminal Procedure and Chapter 910 of the Florida Statutes. It allows a criminal case to be moved from the county where the alleged crime occurred to another county. This request is most frequently made when extensive pretrial publicity, community hostility, or local prejudice makes it virtually impossible to impanel an impartial jury. Under the Florida Constitution, a defendant has a right to a fair trial by an impartial jury in the county where the crime was committed; therefore, moving the trial is considered an extraordinary remedy of last resort.
To secure a change of venue, the moving party—usually the defense, though the prosecution can also request it—must file a written motion supported by affidavits from reputable citizens of the county. The judge will typically attempt to select a jury in the original county first. If, during the jury selection process (voir dire), it becomes clear that prospective jurors are deeply biased due to media coverage or local gossip, the judge will grant the motion. The case is then transferred to a different circuit or county where the media saturation is less intense, ensuring the constitutional right to a fair trial is preserved.
How Change of Venue Affects Bail and Pretrial Release
When a Florida court grants a change of venue, the defendant's bail status and pretrial release conditions remain fully intact and transfer automatically to the new jurisdiction. Under Florida Statute Section 910.035, the original bail bond remains binding, and the surety company (bail bondsman) is still obligated to ensure the defendant's appearance at the new courthouse. However, the physical relocation of the trial to a distant county may require the defendant to seek administrative modification of their travel restrictions or check-in requirements with their bail bondsman to accommodate the new trial location.