Amendments to the Rules of Criminal Procedure
Amendments to the Rules of Criminal Procedure
The Florida Bar’s Criminal Procedure Rules Committee has submitted to the Florida Supreme Court a regular-cycle report proposing amendments to the Florida Rules of Criminal Procedure. The court invites all interested persons to comment on the proposed amendments, which are summarized below and reproduced in full online at
http://www.floridasupremecourt.org/decisions/proposed.shtml
.
All comments must be filed with the court on or before April 1, with a certificate of service verifying that a copy has been served on Committee Chair Judge Samantha Ward, George Edgecomb Courthouse, 800 E. Twiggs Street, Suite 421, Tampa 33602-3549,
[email protected]
, and on Bar Staff Liaison to the Committee Heather Telfer, 651 E. Jefferson Street, Tallahassee 32399-2300,
[email protected]
, as well as a separate request for oral argument if the person filing the comment wishes to participate in oral argument, which may be scheduled in this case. Further, if comments are directed toward the proposed amendment to Rule 3.112 (Minimum Standards for Attorneys in Capital Cases), the certificate of service shall also verify that a copy has been served on the proponent of that amendment Abraham Laeser, 505 Stonemont Lane, Weston 33326-3505,
[email protected]
. If comments are directed toward the proposed amendment to Rule 3.121 (Arrest Warrant), the certificate of service shall also verify that a copy has been served on the proponent of that amendment Judge O. H. Eaton, Jr., Ret., 708 S. Oak Avenue, Sanford 32771-2531,
[email protected]
. If comments are directed toward the proposed amendment to Rule 3.212 (Competence to Proceed: Hearing and Disposition), the certificate of service shall also verify that a copy has been served on the proponent of that amendment Judge Mike Murphy, 425 N. Orange Avenue, Suite 2045, Orlando 32801-1515,
[email protected]
. If comments are directed toward the proposed amendment to Rule 3.220 (Discovery), the certificate of service shall also verify that a copy has been served on the proponent of that amendment James Marion Moorman, P.O. Box 24, Bartow 33831-0024,
[email protected]
. If comments are directed toward the proposed amendment to Rule 3.590 (Time for and Method of Making Motions; Procedure; Custody Pending Hearing), the certificate of service shall also verify that a copy has been served on the proponent of that amendment Pamela Masters, Fifth District Court of Appeal, 300 South Beach Street, Daytona Beach 32114,
[email protected]
. The chair has until April 22 to file a response to any comments filed with the court. If filed by an attorney in good standing with The Florida Bar, the comment must be electronically filed via the Portal in accordance with
In re Electronic Filing in the Supreme Court of Florida via the Florida Courts E-Filing Portal
, Fla. Admin. Order No. AOSC13-7 (Feb. 18, 2013). If filed by a nonlawyer or a lawyer not licensed to practice in Florida, the comment must be electronically filed via e-mail in accordance with
In re Mandatory Submission of Electronic Copies of Documents
, Fla. Admin. Order No. AOSC04-84 (Sept. 13, 2004). Electronically filed documents must be submitted in Microsoft Word 97 or higher. Any person unable to submit a comment electronically must mail or hand-deliver the originally signed comment to the Florida Supreme Court, Office of the Clerk, 500 South Duval Street, Tallahassee 32399-1927; no additional copies are required or will be accepted.
IN THE SUPREME COURT OF FLORIDA
IN RE: AMENDMENTS TO THE FLORIDA RULES OF CRIMINAL PROCEDURE, CASE NO. SC15-177
Rule /Form |
Explanation |
RULE 3.112 (MINIMUM STANDARDS FOR ATTORNEYS IN CAPITAL CASES) |
Amends subdivision (f)(3) to allow prosecutors, who would have prior experience in serious or complex cases as lead counsel or co-counsel in at least two state or federal cases tried to completion in which the death penalty was sought, participate as lead counsel. Currently the rule only allows defense counsel to participate as lead counsel in death penalty cases. |
RULE 3.121 (ARREST WARRANT) |
Requires that a photograph be attached to the arrest warrant, if reasonably available. Requires that the arrest warrant contain additional conditions of release, should any exist. |
RULE 3.172 (ACCEPTANCE OF GUILTY OR NOLO CONTENDERE PLEA) |
Clarifies the immigration consequences; clarifies the immigration warning; allows for more time to consult counsel regarding immigration consequences; and requires the court to determine, should the plea result in a negative immigration consequence whether the defendant wants to move forward with the plea. |
RULE 3.192 (MOTIONS FOR REHEARING) |
Includes a reference to Rule 3.801 (Correction of Jail Credit). |
RULE 3.212 (COMPETENCE TO PROCEED: HEARING AND DISPOSITION) |
Amends subdivision (d) to remove the one-year limitation on conditions of release for a defendant who is not mentally competent to proceed but does not meet the criteria for commitment. |
RULE 3.220 (DISCOVERY) |
Amends subdivision (h)(1) to delete the exception for subpoenas duces tecum. |
RULE 3.281 (LIST OF PROSPECTIVE JURORS) |
Deletes the requirement that the clerk furnish the parties with copies of prospective jurors jury questionnaires to protect sensitive information contained within the jury questionnaires. |
RULE 3.300 (VOIR DIRE EXAMINATION, OATH, AND EXCUSING OF MEMBER) |
Requires that juror voir dire questionnaires be filed under seal to protect the sensitive information contained within the questionnaires. Requires that the trial judge provide the questionnaires to the prosecution and defense upon request. |
RULE 3.410 (JURY REQUEST TO REVIEW EVIDENCE OR FOR ADDITIONAL INSTRUCTIONS) |
Details the procedure for cases in which the jury requests the trial transcript. |
RULE 3.590 (TIME FOR AND METHOD OF MAKING MOTIONS; PROCEDURE; CUSTODY) |
Simplifies the language of the rule. Allows for a motion for new trial or in arrest of judgment to be made either orally in open court, or in writing and filed with the clerk’s office. |
RULE 3.984 (APPLICATION FOR CRIMINAL INDIGENT STATUS) |
Amends the form to restrict the applicant’s driver’s license or identification number to the last four digits to comply with Florida Rule of Judicial Administration 2.425, Minimization of the Filing of Sensitive Information. |
RULE 3.985 (STANDARD JURY INSTRUCTIONS) |
Editorial change to website address. |
RULE 3.986 (FORMS RELATED TO JUDGMENT AND SENTENCE) |
Clarifies that victim’s phone number need not be included but the phone numbers of the prosecuting attorney, victim’s attorney, or victim advocate should be included on the restitution order to comply with Florida Rule of Judicial Administration 2.425, Minimization of the Filing of Sensitive Information. |
