Criminal Procedure Rules Committee and Appellate Court Rules Committee out-of-cycle report
The Criminal Procedure Rules Committee and the Appellate Court Rules Committee invite comments on the proposed rule amendments anticipated to be included in the Committees’ joint out-of-cycle report resolving the conflict between language in the Florida Rules of Criminal Procedure that permits a rehearing to be “deemed denied” without the filing of a signed, written order and rendition as defined in Florida Rule of Appellate Procedure 9.020(i). Interested persons have until December 15, 2014, to submit any comments, electronically, to Judge Samantha Ward, chair of the Criminal Procedure Rules Committee, at [email protected], to Wendy Loquasto, chair of the Appellate Court Rules Committee, at [email protected], and to the Bar staff liaison, Heather Telfer, at [email protected].
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Rule /Form
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Vote
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Explanation
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| Rule 3.192. |
29-0
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Requires the filing of a signed written order to trigger rendition. Amendments resolve a conflict between the language that permits a rehearing to be “deemed denied” and rendition in Florida Rule of Appellate Procedure 9.020(i). |
| Rule 3.800. |
29-0
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Amends subdivisions (b)(1)(B) and (c) to require the entry of a signed written order to trigger rendition. The language in subdivision (b)(2)(B) is rephrased to clarify that if the trial court does not file an order ruling on the motion to correct a sentencing error within 60 days, the motion shall be deemed denied. This applies to motions filed pending appeal, but not to motions filed prior to appeal. |
| Rule 3.850. |
29-0
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Requires the entry of a signed written order to trigger rendition. Clarifies whether a motion to vacate, set aside, or correct sentence, was dismissed for cause or for lack of jurisdiction. |
