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July 15, 2017
Criminal Procedure Rules Committee Regular-Cycle 2018 Amendments


The Criminal Procedure Rules Committee invites comments on the proposed rule amendments anticipated to be included in the Committee’s regular-cycle report. The full text of the proposals can be found on The Florida Bar’s website at www.FloridaBar.org.


Interested persons have until August 15, 2017, to submit any comments, electronically, to Judge Jon Morgan, Chair of the Criminal Procedure Rules Committee, at [email protected], and to the Bar staff liaison, Heather Telfer, at [email protected].

Rule /Form
Vote
Explanation
Rule 3.010. 32-0 Updates the “Scope” rule to remove outdated references to “vehicular and pedestrian.” Amendments indicated in double underline and double strikethrough are pending before the Supreme Court in In Re: Amendments to the Florida Rules of Judicial Administration, Florida Rule of Criminal Procedure 3.010, and Florida Rule of Appellate Procedure 9.440, SC16-1062.
Rule 3.025. 32-0 Capitalizes “state.”
Rule 3.030. 32-0 Amends the rule title to delete “Papers.” Rephrases the end of subdivision (a) for greater clarity to the reader. Subdivision (b) is amended to add reference to Florida Rules of Judicial Administration 2.505 (Attorneys), and 2.515 (Signature and Certificates of Attorneys and Parties), and to remove a reference to 2.520 (Documents).
Rule 3.111. 21-4 New subdivisions (f)(1)–(f)(3) create a procedure for defendants who are certified indigent for costs to file a motion for costs, unless the defendant is represented by the office of the public defender, conflict counsel, or capital collateral counsel.

Editorial amendments to subdivision (c)(2) to conform to In re: Guidelines for Rules Submissions, AOSC06-14 (Fla. 2006) (“Guidelines”).

New Committee Note to explain that subpoena duces tecum are governed by Rule 3.220.

Rule 3.130. 32-0 Subdivisions (a) and (d) are amended to replace “judicial officer” with “judge.” Subdivisions (b)(1)–(b)(3) are renumbered as subdivisions (b)(1)(A)–(b)(1)(C). Renumbered subdivision (b)(1) is titled “Notice of Charges and Rights.” New subdivision (b)(2) is titled “Use of Video Recording to Provide Notice of Rights” to reference the use of pre-recorded videos to inform a defendant of his or her rights.

Editorial amendments to subdivisions (b) and (d) to conform to the Guidelines.

Rule 3.131. 32-0 Subdivision (k) is amended to require the summons to include the title of the hearing to be conducted.

Editorial amendments to subdivision (a) to conform to the Guidelines.

Rule 3.172. 23-3 Subdivision (c)(7) is amended to require that the terms of a plea agreement include a specific amount of credit for time previously served, and a clear explanation to the defendant that any credit for time served not included in the time specified would be a waiver of the defendant’s right to such credit. A typo in subdivision (c)(10) is corrected so “nolo contendere” is correctly spelled.

Editorial amendments to subdivisions (c), (c)(10), and (e) to conform to the Guidelines.

Rule 3.180. 26-0 The title of subdivision (b) is amended to capitalize “Definition.” Subdivision (b) is further amended to avoid potential conflict with Rule 3.130 (First Appearance).

A strictly editorial amendment to subdivision (a)(4) corrects the spelling of “impaneling.” Editorial amendment to subdivision (c)(2) to conform to the Guidelines.

Rule 3.190. 24-4 Subdivision (c) is amended to replace “hereinabove provided” with “provided herein.”
Rule 3.191. 24-4

Committee Note 21-9

Subdivision (j) is amended to correctly reference subdivisions (j)(3) and (j)(4) in the last paragraph. Subdivision(l)(5) is amended to replace “and” with “or.” The new Committee Note references Smart v. State, 179 So. 3d 477 (Fla. 4th DCA 2015) concerning the rules related to juror oaths and prospective juror oaths.

Editorial amendments to subdivisions (d) and (d)(1) to conform to the Guidelines.

Rule 3.203. 30-0 Subdivision (b) is amended to correctly refer to the Department of Children and Families.
Rule 3.213. (a) and (b) 33-0

(b) 30-0

Conforms the rule to section 3, Chapter 2016-135, Laws of Florida, and states that the court may dismiss a charge at least 3 years after a determination of incompetency is made unless the charge is enumerated in section 916.145, Florida Statutes. Further amends subdivisions (a) and (b) to clarify that a defendant must be determined to be incompetent for 5 continuous, uninterrupted years after the determination before the court can dismiss the charge. Structural amendments to subdivision (a)(1) and (b)(1) divide those subdivisions into (a)(1)(A)–(a)(1)(C) and (b)(1)(A)–(b)(1)(C), respectively.

Subdivision (b) is amended to correctly refer to the Department of Children and Families.

Rule 3.217. 30-0 Subdivision (b) is amended to correctly refer to the Department of Children and Families.

Editorial amendment to the rule title to provide consistency throughout the rules set.

Rule 3.218. 30-0 Subdivision (a) is amended to correctly refer to the Department of Children and Families.
Rule 3.219. 30-0 Subdivision (b) is amended to correctly refer to the Department of Children and Families.
Rule 3.220. (h)(5) 29-1

(j) 30-0


(n)(3) 24-0

Subdivision (h)(5) was amended to allow a law enforcement agency to designate a physical address or an e-mail address for delivery of written notice of taking deposition.

Subdivision (j) is amended to add that the duty to disclose applies to any additional recorded or unrecorded statements that materially alter a previously written or recorded statement addressed under these rules.

Subdivision (n)(3) is amended to add references to Florida Rules of Judicial Administration 2.505 (Attorneys) and 2.515 (Signature and Certificates of Attorneys and Parties).

New Committee Notes explains that the amendments to subdivision (j) are a clarification of the rules based on Scipio v. State, 928 So. 2d 1138 (Fla. 2006) and Washington v. State, 151 So. 3d 544 (Fla. 1st DCA 2014).

Editorial amendments to subdivisions (h)(5), (h)(7), (i), and (l)(2) to conform to the Guidelines.

Rule 3.240. 30-0 Subdivision (f) is amended to replace “enter on the minutes” with “docket.” Subdivision (j) is amended to divide the subdivision into two sentences and, further, to replace “into which the trial is had” with “to which the cause is removed” to provide greater clarity to the reader.
Rule 3.330. 19-0 Replaces “on oath” with “under oath” in the second sentence.
Rule 3.470. 19-0 In the first sentence, replaces “next convening for the court” with “court reconvenes.” In the second sentence, adds “of any kind” to reinforce that jurors are not to make any disclosure. In the same sentence “cause” is replaced with “case.” In the third sentence, “forthwith” is deleted as being archaic. The last sentence is rephrased for clarity to the reader.
Rule 3.590. 30-0 Subdivision (a) is amended to add “a motion” before “in arrest of judgment” and a comma is added after “both.” Subdivision (b) is amended to add “a motion” before “in arrest of judgment” and a hyphen is added to “10 day period.” Subdivision (d) is amended to replace “prosecuting officer” with “prosecuting attorney.” Subdivision (e) is amended to remove passive voice and add commas.
Rule 3.600. 30-0 Subdivision (a) is amended to replace “if any of the following grounds is established” with “only if:.” Subdivisions (a)(1)–(a)(3) are amended to begin with lower case letters. Subdivision (a)(1) is amended to end with a semicolon instead of a period. Subdivision (a)(2) is amended to end with “; or” instead of a period. The title of subdivision (b) is amended to add “is” before “established.” Subdivision (b) is also amended to delete “if any of the following grounds is established, providing” and “thereby.” As amended the sentence will read “[t]he court shall grant a new trial if substantial rights of the defendant were prejudiced because:.” Subdivisions (b)(1)–(b)(8) are amended to being with lower case letters to conform to the Guidelines. Subdivision (b)(1)–(b)(6) are amended to replace the periods with semicolons. Subdivision (b)(7) is amended to replace the period with “; or.”
Rule 3.610. 30-0 The first sentence is amended to replace “on 1 or more of the following grounds” with “if.” Subdivisions (a)–(d) are amended to begin with lower case letters. Subdivisions (a) and (b) are amended to end with semicolons instead of periods. Subdivision (c) is amended to replace “of” with “for,” to remove “under which the defendant was tried,” and adding a semicolon and “or” to the end. Subdivision (d) is amended to delete “under which the defendant was tried.”
Rule 3.691. 30-0 Replaces “person” with “defendant” throughout the rule. In subdivision (a), “not capital” is changed to “non-capital” and is moved before “offense.” A reference to section 903.133, Florida Statutes, is added to the first sentence. Additional amendments divide up the first sentence in subdivision (a), deleting “provided that no person” and starting a new sentence with “[n]o defendant” begins the new sentence. Subdivision (d) is amended to replace “on” with “pending” to more clearly define “appeal.” In the same sentence, “condition” is made plural. Subdivision (e) is amended to add a sentence to the end of the subdivision stating that “in no case may an original appearance bond be continued for an appeal.”
Rule 3.692. 30-0 In subdivisions (a)(1) and (a)(2), the last sentences, with reference to Rule 3.590(c) (Time for and Method of Making Motions; Procedure; Custody Pending Hearing: Oral Motions), are deleted. In the first sentence of subdivision (b), the phrase “state may traverse or demur” is replaced with “prosecuting attorney and arresting agency may respond.” In the second sentence of subdivision (b), “the decision of” is replaced with “decide.” Subdivision (e)(2) is amended to add “and” to the end of the subdivision. Subdivision (e)(3) is amended to correctly refer to subdivision (e)(2). Subdivision (f) is rephrased for greater clarity to the reader.
Rule 3.704. 36-0 Subdivision (d)(1) replaces “state attorney” with “prosecuting attorney.” Subdivisions (d)(15)(A)–(d)(15)(G) and (d)(16)(A)–(d)(16)(C) are amended to being with lower case letters to conform to the Guidelines. New subdivision (d)(24) is added to conform to section 9(b), Chapter 2014-4, Laws of Florida. Subdivisions (d)(25)–(d)(30) are renumbered to accommodate the addition of new subdivision (d)(24).

Editorial amendments to subdivisions (d)(14), (d)(16)–(d)(18),(d)(20)–(d)(21), (d)(23), renumbered subdivisions (d)(26), (d)(28)(B), and (d)(29) to conform to the Guidelines.

Rule 3.710. 23-3 Subdivision (a) is amended to reference the statutorily mandatory minimum and to replace “shall” with “may.” A new sentence in added to the end of the subdivision to clarify that the subdivision does apply to situations involving subsequent violation of probation proceedings The new committee note details the amendment to subdivision (a).
Rule 3.770. 30-0 Removes references to gender throughout the rule.
Rule 3.810. 29-0 Amendments remove archaic language and include current procedure regarding commitment documents.
Rule 3.850. 25-0 Amends subdivision (c) to reference the required certifications within the “Contents of Motion” subdivision.

Editorial amendments to subdivisions (b), (f)(4), and (n)(3) to conform to the Guidelines.

Rule 3.986. 21-0 Subdivision (c) is amended to replace the list of charges/costs/fees with directions to insert a list of mandatory fines, discretionary fines, and restitution, if any. Subdivision (d) is amended to replace the list of special provisions with instructions to include all findings, sentencing enhancements, and mandatory minimum provisions, as authorized by law and pronounced at sentencing. Subdivision (e) is amended to separate general conditions and special conditions with directions to list the general/special conditions of probation. Subdivisions (e)(1)–(e)(13) and the list of special conditions are deleted. Added to the third to last paragraph is a sentence that states “[t]he court may rescind or modify at any time the terms and conditions imposed by it upon the probationer.” In the second to last paragraph, the sentence in parentheses is deleted. Parallel amendments are made to subdivision (f). Subdivision (g) is amended to replaces the list of possible types of restitution with instructions to “[i]nclude all restitution and findings, as authorized by law and pronounced at sentencing.”
New Rule 3.9876. 22-1 Creates a new form for motions for correction of sentence under Rule 3.800(a). The form addresses motions for correction of illegal sentence, incorrect sentencing scoresheet, or erroneous sexual predator designation. The form includes the necessary certifications.
Rule 3.989. 29-0 Amends subdivisions (a)5., (b)3., and (c)3. to further specify the types of prior record expunctions are addressed by this rule. Subdivision (d)(4) is amended to delete “or any other law, rule, or authority” to avoid confusion. Subdivisions (e)2., (f)2., and (g) are amended to add in offenses that are “reported to have been committed” to prevent a victim of human trafficking from having to admit to offenses committed as part of a human trafficking scheme.

Editorial amendments to subdivision (d) to conform to the Guidelines.

[Revised: 11-30-2017]