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December 15, 2017
Criminal Procedure Rules Committee 2018 Regular-Cycle additional 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 should file comments with the Florida Supreme Court, after the report has been filed. The regular-cycle report will be filed no later than February 1, 2018. Any comments should also be submitted, electronically, to the Honorable 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 3.111. 25-2 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.

Additional amendments, indicated with double underline and double strikethrough, make it clear that the hearing on defense related costs only applies to motions filed under Rule 3.111(f)(2).

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

Rule 3.986. 29-2 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.”

Additional amendments to subdivision (f) include replacing “probation/probationer” with “community control/community controlee” and to correcting a statutory reference.

[Revised: 12-13-2017]