Criminal Procedure Rules Committee regular-cycle 2018 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 Interested persons have until August 15 to submit any comments, electronically, to Judge Jon Morgan, chair of the Criminal Procedure Rules Committee, at, and to the Bar staff liaison, Heather Telfer, at

Rule/Form Vote Explanation Rule 3.010. 32-0 Updates the "Scope" rule to remove outdated references to "vehicular and pedestrian." Amendments indicated in double underline and double strikethrough are pending before the Supreme Court in In Re: Amendments to the Florida Rules of Judicial Administration, Florida Rule of Criminal Procedure 3.010, and Florida Rule of Appellate Procedure 9.440, SC16-1062. Rule 3.025. 32-0 Capitalizes "state." Rule 3.030. 32-0 Amends the rule title to delete "Papers." Rephrases the end of subdivision (a) for greater clarity to the reader. Subdivision (b) is amended to add reference to Florida Rules of Judicial Administration 2.505 (Attorneys), and 2.515 (Signature and Certificates of Attorneys and Parties), and to remove a reference to 2.520 (Documents). Rule 3.111. 21-4 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. Editorial amendments to subdivision (c)(2) to conform to In re: Guidelines for Rules Submissions, AOSC06-14 (Fla. 2006) ("Guidelines"). New Committee Note to explain that subpoena duces tecum are governed by Rule 3.220. Rule 3.130. 32-0 Subdivisions (a) and (d) are amended to replace "judicial officer" with "judge." Subdivisions (b)(1)-(b)(3) are renumbered as subdivisions (b)(1)(A)-(b)(1)(C). Renumbered subdivision (b)(1) is titled "Notice of Charges and Rights." New subdivision (b)(2) is titled "Use of Video Recording to Provide Notice of Rights" to reference the use of pre-recorded videos to inform a defendant of his or her rights. Editorial amendments to subdivisions (b) and (d) to conform to the Guidelines. Rule 3.131. 32-0 Subdivision (k) is amended to require the summons to include the title of the hearing to be conducted. Editorial amendments to subdivision (a) to conform to the Guidelines. Rule 3.172. 23-3 Subdivision (c)(7) is amended to require that the terms of a plea agreement include a specific amount on credit for time previously served, and a clear explanation to the defendant that any credit for time served not included...

To continue reading