Florida Criminal Procedure

Rules, Statutes, and Cases

3.151. Consolidation of Related Offenses

Rule 3.151. Consolidation of Related Offenses 

(a)  Related Offenses. –For purposes of these rules, 2 or more offenses are related offenses if they are triable in the same court and are based on the same act or transaction or on 2 or more connected acts or transactions.

(b)  Consolidation of Indictments or Informations. –Two or more indictments or informations charging related offenses shall be consolidated for trial on a timely motion by a defendant or by the state. The procedure thereafter shall be the same as if the prosecution were under a single indictment or information. Failure to timely move for consolidation constitutes a waiver of the right to consolidation.

(c)  Dismissal of Related Offenses after Trial. –When a defendant has been tried on a charge of 1 of 2 or more related offenses, the charge of every other related offense shall be dismissed on the defendant’s motion unless a motion by the defendant for consolidation of the charges has been previously denied, or unless the defendant has waived the right to consolidation, or unless the prosecution has been unable, by due diligence, to obtain sufficient evidence to warrant charging the other offense or offenses.

(d)  Plea. –A defendant may plead guilty or nolo contendere to a charge of 1 offense on the condition that other charges or related offenses be dismissed or that no charges of other related offenses be instituted. Should the court find that the condition cannot be fulfilled, the plea shall be considered withdrawn.

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