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Proposed Rule Amendments Regarding Juvenile Offenders

The Criminal Procedure Rules Committee invites comments on the proposed rule amendments regarding juvenile offenders 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 3.781 (Sentencing Hearing to Consider the Imposition of a Life Sentence for Juvenile Offenders) 21-0-0 In subdivision (c), in the second sentence, rephrases the sentences for better grammar and clarity. Also, at the end of this subdivision, adds a new sentence and subsequent subdivisions to specify the trial court findings for determining when a juvenile is eligible for the sentence review hearing to reflect section 921.1402, Florida Statutes.
Rule 3.802 (Review of Sentences for Juvenile Offenders) 22-1-0 In subdivision (c)(1)(B), replaces “defendant” with “juvenile offender” for greater clarity for the reader.

In subdivision (c)(1)(C), adds “and” for grammar.

Deletes subdivision (c)(2) as the only relief sought by this rule is a sentence review as specified in section 921.1402, Florida Statutes.

Deletes subdivision (c)(4) and (c)(5) as it not necessary and to comply with section 921.1402, Florida Statutes.

Renumbers the subsequent subdivision to accommodate the deletion of (c)(2) and (c)(4).

Full Text of the Proposal

Juvenile Offenders Rules Full Text