Amendments to the Rules of Criminal Procedure.


The Florida Bar's Rules of Criminal Procedure Committee has submitted to the Florida Supreme Court its regular-cycle report of proposed amendments to the Florida Rules of Criminal Procedure. The court invites all interested persons to comment on the committee's proposed amendments, which are summarized below and reproduced in full online at www.floridasupremecourt. org/decisions/proposed.shtml. An original and nine paper copies of all comments must be filed with the court on or before April 1, with a certificate of service verifying that a copy has been served on Thomas H. Bateman III, Committee Chair, 6551 Velda Dairy Road Tallahassee 32309-6322, as well as a separate request for oral argument if the person filing the comment wishes to participate in oral argument, which may be scheduled in this case for June. The committee chair has until April 22 to file a response to any comments filed with the court. Electronic copies of all comments also must be filed in accordance with the Court's administrative order In re Mandatory Submission of Electronic Copies of Documents, Fla. Admin. Order No. AOSC04-84 (Sept. 13, 2004).

IN THE SUPREME COURT OF FLORIDA IN RE: AMENDMENTS TO FLORIDA RULES OF CRIMINAL PROCEDURE, CASE NO. 09-159 RULE/FORM EXPLANATION 3.131 Amends subdivisions (a) and (b)(2) to incorporate changes to sections 903.02 and 903.047, Florida Statutes. 3.132 Amends subdivision (a) in response to Ho v. State, 929 So.2d 1155 (Fla. 5th DCA 2006), to provide that if a motion for pretrial detention is not filed or is facially insufficient, the judicial officer shall determine whether the defendant should be detained or released. 3.190 Deletes subdivision (f) to remove outdated term and renumbers remaining subdivisions; adds new subdivision (2) to conform to provisions of subdivision (h), renumbers remaining subdivisions, and corrects cross-reference in subdivision (i). 3.191 Amends subdivision (i)(4) in light of section 925.12(4), Fla. Stat. (2006), to allow an extension of the speedy trial period when a stay is granted pursuant to 925.12 to allow for DNA testing before a plea is accepted by the trial court. Corrects cross- references in subdivisions (j) and (l). 3.192 New rule authorizing the filing of motions for rehearing by the state directed to pretrial motions that are currently subject to interlocutory appeal by the state. 3.203 Amends subdivision (b) to correct a reference to a Florida Administrative...

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