47.101
Change of venue; application.
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47.101 Change of venue; application.—
(1) If a party desires a change of venue he or she may move therefor stating the belief that he or she will not receive a fair trial in the court where the action is pending:
(a) Because the adverse party has an undue influence over the minds of the inhabitants of the county.
(b) Because movant is so odious to the inhabitants of the county that he or she could not receive a fair trial.
(2) Such motion shall be verified and filed not less than 10 days after the action is at issue unless good cause is shown for failure to so file. It shall set forth the facts on which the motion is based and be supported by affidavits of at least two reputable citizens of the county not of kin to the defendant or his or her attorney.
History.—s. 37, Nov. 23, 1828; RS 1079; GS 1471; s. 10, ch. 7838; s. 2, ch. 7852, 1919; RGS 2670; CGL 4337; s. 3, ch. 67-254; s. 11, ch. 73-334; s. 267, ch. 95-147.
Note.—Former s. 53.03.
Notes of Decisions
Cited in 13
cases (1 in the last 5 years), 1971–2025 · leading case: Florida Department of Children and Families v. Sun-Sentinel, Inc.
Florida Department of Children and Families v. Sun-Sentinel, Inc. (2004)
“, § 47.101, Fla. Stat. (2002); § 47.122, Fla.”
Management Computer v. Perry Const. (1999)
“Likewise, the abuse of discretion standard applies if the trial court finds it necessary to change venue under section 47.101, Florida Statutes, to ensure the right to a fair trial.”
Government Employees Ins. Co. v. Burns (1996)
“[4] By contrast, section 47.101, Florida Statutes, creates a right for a change of venue where a party believes he or she will not receive a fair trial.”
Hubbard v. Cazares (1981)
“Subsequent to the filing of Hubbard's motion to quash and to dismiss, she and the Church each requested a change of venue under section 47.101(1)(b), Florida Statutes (1979).”
Tindall v. Smith (1992)
“We recognize that all courts have the power to grant changes of venue.”
Bingham v. Manson (1978)
“051 is strengthened by the absence of any such limiting language in the general change of venue statute, F.S. 47.101. In summary, we hold that inasmuch as Dade County was not one of the alternative counties where the subject action was permitted to have been brought under F.”
Vance v. Minton (1984)
“While the opinion is based in part on the possibility that the plaintiff could not receive a fair trial in Flagler County and that Section 47.101 Fla. Stat. (1981) was therefore implicated, it was stated, in language fully reflective of the view we adopt here: It does give us…”
Church of Scientology of California, Inc. v. Cazares (1981)
“The Church and Hubbard each moved for a change of venue under section 47.101(l)(b), Florida Statutes (1979), on the ground that they could not receive a fair trial in Pinellas County because The Church was odious to the inhabitants of Pinellas County and the people associated…”
Lake Worth Premium Finance Co. v. Singletary (1986)
“This is not the stuff of which a motion pursuant to section 47.101 or section 47.122, Florida Statutes (1983) is made, as the corporate appellees have urged.”
Iseminger v. Morris (1971)
“Section 47.101, F.S.A., provides for a change of venue if a party moving therefor states that he believes he cannot get a fair trial because of the undue influence on the minds of the inhabitants of the County.”
Jacob v. Mentor Worldwide, LLC (2019)
“§ 1391 (b) ; Fla. Stat. §§ 47.101 , 47.122. Venue is dictated by federal law and Rules of Procedure.”
Juan Francisco Vega v. the State of Florida (2025)
“Vega sought the change of venue under section 47.101 of the Florida Statutes. 2 court’s August 23, 2023 order finding no probable cause to end Vega’s civil commitment.”
— 47.101(1)(b) — 2 cases
Florida Department of Children and Families v. Sun-Sentinel, Inc. (2004)
“, § 47.101, Fla. Stat. (2002); § 47.122, Fla.”
Hubbard v. Cazares (1981)
“Subsequent to the filing of Hubbard's motion to quash and to dismiss, she and the Church each requested a change of venue under section 47.101(1)(b), Florida Statutes (1979).”
— 47.101(l)(b) — 1 case
Church of Scientology of California, Inc. v. Cazares (1981)
“The Church and Hubbard each moved for a change of venue under section 47.101(l)(b), Florida Statutes (1979), on the ground that they could not receive a fair trial in Pinellas County because The Church was odious to the inhabitants of Pinellas County and the people associated…”
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