Court amends rules of criminal procedure.

Most of the recommended amendments to the Florida Rules of Criminal Procedure have been approved by the Florida Supreme Court, but the justices did make several changes.

The Criminal Procedure Rules Committee made numerous recommendations as part of its regular rules review and the Bar Board of Governors unanimously approved those changes.

The court considered input from several sources and held oral arguments before acting.

The court rejected a proposed alteration of Rule 3.111(d)(4) which would have dropped the requirement that there be two witnesses for all out-of-court waivers of counsel. The Second Circuit public defender raised concerns about the lack of a formal procedure, especially since all waivers must be voluntary.

The court did approve a new subdivision -- Rule 3.111(e)(2) -- which conforms to appellate procedure and requires that defense counsel not be allowed to withdraw until substitute counsel has been obtained or appointed, or the appellant has filed for self-representation.

Rejected was a change to Rule 3.190(h)(4) requiring that motions to suppress evidence be made, unless good cause is shown, "a reasonable time" before trial. Justices said that phrase was too vague and trial judges have inherent authority to control such matters.

With only minor changes, the court approved recommended amendments to Rule 3.851 on death penalty collateral appeals and added subdivision (d) to conform with the court's ruling in Carter v. State, 706 So.2d 873 (Fla. 1997). That ruling requires a judicial determination of an inmate's competence if there are reasonable grounds to believe the inmate...