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Proposed Amendments to Various Criminal Rules of Procedure

The Criminal Procedure Rules Committee invites comments on the proposed rule amendments anticipated to be included in a report to the Court. The full text of the proposal can be found below.

Interested persons have until May 1, 2020, to submit any comments, electronically, to Jane McNeill, chair of the Criminal Procedure Rules Committee, and Bar staff liaison Mikalla Davis.

Rule 3.131 (Pretrial Release) 28-0-0 In subdivision (b)(3), adds to the last sentence of the subdivision “community control,” for greater specification of the appropriate terminology.
Rule 3.212 (Competence to Proceed: Hearing and Disposition) 25-0-2 Rewrites subdivision (d), to reflect the U.S. Supreme Court’s holding in Jackson v. Indiana, 406 U.S. 715 (1972) and as applied in Florida, Schofield v. Judd, 268 So.3d 890 (2d DCA 2019).
Rule 3.220 (Discovery) 26-0-0 In subdivision (h)(5), adds a sentence to require the prosecuting attorney to provide the physical address or email address designated by law enforcement agency or department for service of deposition.
Rule 3.670 (Rendition of Judgment) 24-0-0 Adds subdivisions to the rule for greater clarity for the reader.

Adds a new subdivision (a) to reflect the statutory changes to Section 948.01(2), Florida Statutes.

In the new subdivision (b), deletes “and, if the defendant has been acquitted, a judgment of not guilty” in the first sentence to reflect the statutory changes to Section 948.01(2), Florida Statutes. Also, in the second sentence, adds a comma after “adjudication” and replaces “of guilt” with “only” to reflect the statutory changes to Section 948.01(2), Florida Statutes.

Rule 3.800 (Correction, Reduction, and Modification of Sentences) 28-0-0 In subdivision (b)(1)(A) replaces “i” with “h” to update the cross reference to the Appellate Rules of Procedure.
Rule 3.9855 (Juror Voir Dire Questionnaire) 28-0-0 To the top of the form, adds directions to redact the juror’s month and date of birth but retain the year in compliance with Florida Rule of Judicial Administration 2.425 (a)(2).
Rule 3.987 (Motion for Postconviction Relief) 29-0-0 In paragraph 7 of the form, replaces the oath language to make it consistent with Rule 3.850.

Adds a new paragraph 8 to specify the certification required.

Renumbers the subsequent paragraph as (9) to accommodate the new paragraph.

In the new paragraph (9) adds editorial amendments and “of filed through the Florida Court E-filing portal,” to update the form.

At the bottom of the form under the title “OATH”, replaces the oath language to make it consistent with Rule 3.850.

After the oath paragraph, a new paragraph is added with the certifications and acknowledgments that are required.

Following those paragraphs editorial amendments are made to delete spaces in the certificate of mailing and service.

Rule 3.996 (Application for Sentence Review Hearing) 25-0-0 Adds a new form to assist juvenile offenders in applying for a sentencing review hearing.

Full Text of the Proposal

Full text Various Criminal Rules