Florida Restores the Sworn Motion to Dismiss: What the October 2026 Rule 3.190 Change Means for Fraud and Self-Defense Cases

If you are charged in a Florida state fraud, theft or self-defense case, the most useful pretrial motion you have just changed again. On October 1, 2026, the Florida Supreme Court amended Rule 3.190 so that a motion to dismiss built on undisputed facts must once more be sworn. The change took effect immediately. Anyone who filed an unsworn motion this summer, or who is about to sign one, needs to read the rule as it stands today.

Since October 1, 2026, a Florida motion to dismiss built on undisputed facts must be sworn again.

Key Takeaways

• On October 1, 2026, the Florida Supreme Court restored the oath to Rule 3.190(d)(2): an undisputed-facts motion to dismiss must be sworn, effective immediately.
• Since July 13, 2026, Rule 3.190(c) requires motions to dismiss by the trial court's deadline; late motions are dismissed absent good cause or fundamental grounds.
• The State defeats a (d)(2) motion only with a sworn traverse, filed two days before the hearing, showing a material disputed fact with specificity.
• Rule 3.190(b) now names stand your ground immunity under section 776.032, Florida Statutes, as a defense raised by motion to dismiss in Florida courts.
• Federal Rule of Criminal Procedure 12 allows no dismissal for insufficient evidence, so Florida state fraud defendants hold a pretrial tool federal defendants lack.

What the Florida Supreme Court Changed, and When

On October 30, 2025, the Court rewrote Rule 3.190 with an effective date of July 13, 2026. The rewrite responded to a 2023 Fourth District decision holding that a stand your ground immunity motion could be heard at any time before trial. The Court's answer was a deadline: a motion to dismiss must now be filed by the date the trial judge sets, and the court must dismiss a late motion unless the defendant shows good cause or the motion rests on fundamental grounds.

The same opinion moved the old subdivision (c)(4), the motion every Florida practitioner calls a "c4," into a new subdivision (d)(2). It required the State to file any traverse or demurrer at least two days before the hearing, required the traverse to be sworn, and directed the court to deny the motion only if the State presents sworn evidence establishing a material disputed fact with specificity. It also dropped the requirement that the defendant swear to the motion, and invited comment on that choice.

Seven comments came in. On October 1, 2026, the Court reversed course on the oath.

For roughly eleven weeks, from July 13 to October 1, the text did not require an oath. That gap is where the practical problems sit.

How Prosecutors Will Use the New Rule

The (d)(2) motion is the closest thing Florida criminal practice has to summary judgment. The defense sets out the facts the State cannot dispute, usually drawn from the State's own reports, records and depositions, and argues those facts do not make out a prima facie case. If the State does not specifically deny them under oath, the court must presume them true.

In a document-driven fraud case, both sides already hold the paper. A sworn (d)(2) motion makes the State say, under oath, which fact it disputes.

In document-driven prosecutions this matters. An organized scheme to defraud charge under section 817.034 or a Medicaid provider fraud charge under section 409.920 is often built from billing data, contracts and emails that both sides already have. When the paper shows no false representation, or shows the defendant had no role in the transaction charged, a sworn (d)(2) motion forces the State to commit, under oath, to the specific fact it says is in dispute. For a healthcare fraud defense lawyer handling a state Medicaid case, or a white collar defense lawyer defending a scheme charge, this is the motion to plan first.

Expect the State to answer with intent. Florida courts usually treat intent as a question for the jury, and a traverse that credibly puts intent in dispute will often defeat the motion. The difference now is that the rule text demands sworn evidence and specificity. A boilerplate traverse that denies everything in one paragraph is now easier to attack.

Exposure: What Is at Stake in a Florida Fraud Prosecution

Under section 817.034, a scheme that obtains $50,000 or more is a first-degree felony, punishable by up to 30 years. Between $20,000 and $50,000 it is a second-degree felony, and below $20,000 a third-degree felony. Section 409.920 tracks a similar ladder for Medicaid provider fraud: $10,000 or less is a third-degree felony, more than $10,000 but less than $50,000 is second-degree, and $50,000 or more is first-degree.

Many of these cases have a federal shadow. Health care billing conduct charged in Palm Beach County or Broward can also support health care fraud under 18 U.S.C. § 1347 or wire fraud under 18 U.S.C. § 1343. Federal court offers no (d)(2) equivalent. Federal Rule of Criminal Procedure 12 reaches defects in the charging document, not the strength of the proof, and the Eleventh Circuit has said it plainly: "There is no summary judgment procedure in criminal cases." 378 F.3d 1266 (11th Cir. 2004).

"There is no summary judgment procedure in criminal cases."— U.S. Court of Appeals for the Eleventh Circuit, 378 F.3d 1266 (11th Cir. 2004)

That is one reason a federal criminal defense attorney watches the state case closely when a matter could move between systems, and why a federal fraud defense attorney and a state trial lawyer need to be reading the same file.

Critical Mistakes People Make Early

The first mistake is treating the oath as a formality. The 2025 opinion described the requirement as one of "a defendant swearing" to the motion. A sworn motion is a statement under oath, and verifications in Florida are commonly made under penalties of perjury under section 92.525.

The second is missing the deadline. Under the July 2026 rule a late motion is dismissed unless the defense shows good cause or a fundamental ground.

The third is assuming a motion filed unsworn between July 13 and October 1 is safe. Expect the State to argue that the October 1 text governs any hearing held now. Curing the problem with a sworn amended motion costs little.

The fourth is talking. People who learn they are under federal investigation, through an agent at the door, a letter from the U.S. Attorney or a records subpoena, often try to explain. In a fraud case those explanations become the State's evidence of intent, which is the fact most likely to defeat a (d)(2) motion later.

An explanation offered at the door becomes the State's evidence of intent, the fact most likely to defeat a (d)(2) motion later.

A Strategic Approach Under the Amended Rule

Build the motion from discovery, not from the client. The strongest (d)(2) motions quote the State's own documents and deposition testimony, so the sworn facts are ones the prosecutor already holds.

If the court grants the motion, request the written findings that Rule 3.190(d)(3) requires on request before jeopardy attaches.

For stand your ground immunity under section 776.032, the statute places the burden on the State, by clear and convincing evidence, once the defendant raises a prima facie claim at a pretrial immunity hearing. The rule change does not alter that burden, but it does put the motion on the court's calendar, so the immunity motion has to be planned early.

Where a state fraud case could draw federal interest, the decision is bigger than one motion. A sworn filing in state court is available to federal prosecutors. Whether to swear, what to swear to, and whether to seek a pre-charge resolution with the federal office are decisions to make together, with one goal in view: avoid indictment in the forum where the defense has fewer tools.

Why Timing Matters Right Now

Three dates now control. The trial court's motion deadline governs when the motion is due. The two-day traverse rule governs how much notice the defense gets of the State's position. And the October 1 effective date governs whether a pending motion is properly sworn. A Boca Raton federal criminal lawyer handling a parallel matter, or any lawyer defending a Palm Beach County fraud case, should check all three this week.

Common Questions

Facing Fraud Charges in Florida?

Whether the case is in state court, federal court, or still at the investigation stage, the early decisions shape everything that follows. AMC Defense Law handles fraud and financial crime matters from federal investigation defense through trial, in Florida and nationwide. If you are looking for a white collar defense attorney or a Palm Beach County criminal defense attorney because you are facing charges, have received a grand jury subpoena, or expect to, contact the firm for a confidential consultation.

The strongest (d)(2) motions are built from the State's own documents, so the sworn facts are ones the prosecutor already holds.

If you or your loved ones have been arrested or charged, call Aaron M. Cohen, 24 hours a day to get help.

About the author. Aaron M. Cohen is the founder and principal attorney of AMC Defense Law, a criminal defense firm in Boca Raton, Florida, with more than 30 years of experience in state and federal courts. He is admitted to practice in Florida, New York, New Jersey, and the District of Columbia, and before the United States District Courts for the Southern and Middle Districts of Florida, the Southern, Eastern, and Western Districts of New York, the District of New Jersey, and the Northern District of Texas. He appears pro hac vice in other federal districts nationwide. The firm represents clients in federal investigations and prosecutions involving healthcare fraud, Anti-Kickback Statute matters, DME and telemedicine fraud, peptide and compounded-drug enforcement, controlled-substance and drug conspiracy cases, financial crimes, and complex federal litigation, in Florida and nationwide.

This article is for general informational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship. Every case turns on its own facts, and the law described here may change. Past results do not guarantee a similar outcome. If you need advice about a specific situation, consult a qualified attorney.