It covers subject matter of section 918.02, Florida Statutes

1972 Amendment. (a)(1) Severance on timely motion by defendant is mandatory if multiple offenses are improperly joined. (a)(2) Provides for severance of offenses before trial on showing that severance will promote a fair determination of guilt or innocence substantially as provided by former rule 3.190(j)(2) and, unlike any Florida rule, distinguishes motion during trial. Florida Rules of Criminal Procedure January 1, 2026 96 (b)(1) Based on ABA Standard 2.3(b). Expands rule 3.190(j) to include defendant’s right to speedy trial as ground for severance and, unlike any Florida rule, distinguishes between motion before and motion during trial. (b)(2) Based on ABA Standard 2.3, subparagraphs (a) and (c). Requires court to determine whether the statement will be offered as distinguished from asking the state its intention. Requires production of evidence of the statement in the event it will be offered so that the court and counsel can intelligently deal with the problem. Florida has no similar rule. (b)(3) Substantially the same as ABA Standard, except that the proposed rule requires severance unless the court affirmatively finds that severance is unnecessary. Florida has no similar rule.