Proposed amendments to the criminal procedure rules.

 
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The Florida Bar's Criminal Procedure Rules Committee has submitted to the Supreme Court an out-of-cycle report proposing amendments to Florida Rules of Criminal Procedure 3.800(a) (Correction, Reduction, and Modification of Sentences; Reduction and Modification; Correction); 3.984 (Application for Criminal Indigent Status); 3.987 (Motion for Postconviction Relief); and 3.993 (Forms Related to Capital Postconviction Records Production), and proposing new rule 3.9875 (Motion for Jail Credit). The majority of the proposals are in response to a request by the court for the committee, with input from the Criminal Court Steering Committee, to review the issue of successive rule 3.800(a) motions and the postconviction procedure forms in light of the court's decision in In re: Amendments to the Florida Rules of Criminal Procedure and the Florida Rules of Appellate Procedure, 132 So. 3d 734 (Fla. 2013). The court invites all interested persons to comment on the proposed amendments, which are reproduced in full below, as well as online at www. floridasupremecourt.org/decisions/proposed.shtml. All comments must be filed with the court on or before October 15, with a certificate of service verifying that a copy has been served on Committee Chair Judge Samantha L. Ward, George Edgecomb Courthouse, 800 E. Twiggs Street, Suite 421, Tampa 33602-3549, wardsl@fljud13.org, and on the Bar staff liaison to the committee, Heather S. Telfer, 651 E. Jefferson Street, Tallahassee 32399-2300, htelfer@flabar.org, 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. The chair has until November 6 to file a response to any comments filed with the court. If filed by an attorney in good standing with The Florida Bar, the comment must be electronically filed via the Portal in accordance with In re Electronic Filing in the Supreme Court of Florida via the Florida Courts E-Filing Portal, Fla. Admin. Order No. AOSC13-7 (Feb. 18, 2013). If filed by a nonlawyer or a lawyer not licensed to practice in Florida, the comment must be electronically filed via e-mail in accordance with In re Mandatory Submission of Electronic Copies of Documents, Fla. Admin. Order No. AOSC04-84 (Sept. 13, 2004). Electronically filed documents must be submitted in Microsoft Word 97 or higher. Any person unable to submit a comment electronically must mail or hand-deliver the originally signed comment to the Florida Supreme Court, Office of the Clerk, 500 South Duval Street, Tallahassee 32399-1927; no additional copies are required or will be accepted.

IN THE SUPREME COURT OF FLORIDA IN RE AMENDMENTS TO FLORIDA RULES OF CRIMINAL PROCEDURE, CASE NO. SC14-1530 RULE 3.800. CORRECTION, REDUCTION, AND MODIFICATION OF SENTENCES

(a) Correction.

(1) Generally. A court may at any time correct an illegal sentence imposed by it, or an incorrect calculation made by it in a sentencing scoresheet, when it is affirmatively alleged that the court records demonstrate on their face an entitlement to that relief, provided that a party may not file a motion to correct an illegal sentence under this subdivision during the time allowed for the filing of a motion under subdivision (b)(1) or during the pendency of a direct appeal.

(2) Successive Motions. A court may dismiss a second or successive motion if the court finds that the motion fails to allege new or different grounds for relief and the prior determination was on the merits. When a motion is dismissed under this subdivision, a copy of that portion of the files and records necessary to support the court's ruling must accompany the order dismissing the motion.

(3) Sexual Predator Designation. A defendant may seek correction of an allegedly erroneous sexual predator designation under this subdivision, but only when it is apparent from the face of the record that the defendant did not meet the criteria for designation as a sexual predator.

(4) Appeals. All orders denying or dismissing motions under this subdivision (a) [begin strikethrough]shall[end strikethrough] must include a statement that the movant has the right to appeal within 30 days of rendition of the order.

(b)--(c) [No Change]

Committee Notes

[No Change]

Court Commentary

RULE 3.984. APPLICATION FOR CRIMINAL INDIGENT STATUS

IN THE CIRCUIT/COUNTY COURT OF THE--JUDICIAL CIRCUIT IN AND FOR--COUNTY, FLORIDA

STATE OF FLORIDA vs. CASE. NO.--.

--

Defendant/Minor Child

APPLICATION FOR CRIMINAL INDIGENT STATUS

--I AM SEEKING THE APPOINTMENT OF THE PUBLIC DEFENDER OR

--I HAVE A PRIVATE ATTORNEY OR AM SELF-REPRESENTED AND SEEK DETERMINATION OF INDIGENCE STATUS FOR COSTS

Notice to Applicant: The provision of a public defender/court appointed lawyer and costs/due process services are not free. A judgment and lien may be imposed against all real or personal property you own to pay for legal and other services provided on your behalf or on behalf of the person for whom you are making this application. There is a $50.00 fee for each application filed.

If the application fee is not paid to the Clerk of the Court within 7 days, it will be added to any costs that may be assessed against you at the conclusion of this case. If you are a parent/guardian making this affidavit on behalf of a minor or tax-dependent adult, the information contained in this application must include your income and assets.

  1. I have -- dependents. (Do not include children not living at home and do not include a working spouse or yourself.)

  2. I have a take home income of $ -- paid ( ) weekly ( ) bi-weekly ( ) semimonthly ( ) monthly ( ) yearly

    (Take home income equals salary, wages, bonuses, commissions, allowances, overtime, tips and similar payments, minus deductions required by law and other court ordered support payments)

  3. I have other income paid ( ) weekly ( ) bi-weekly ( ) semi-monthly ( ) monthly ( ) yearly: (Circle "Yes" and fill in the amount if you have this kind of income, otherwise circle "No.")

    Social Security benefits Yes $ -- No Unemployment compensation Yes $ -- No Union Funds Yes $ -- No Workers compensation Yes $ -- No Retirement/pensions Yes $ -- No Trusts or gifts Yes $ -- No Veterans' benefit Yes $ -- No Child support or other regular support from family members/spouse Yes $ -- No Rental income Yes $ -- No Dividends or interest Yes $ -- No Other kinds of income not on the list Yes $ -- No 4. I have other assets: (Circle "yes" and fill in the value of the property, otherwise circle "No") Cash Yes $ -- No Bank account(s) Yes $ -- No Certificates of deposit or money market accounts Yes $ -- No * Equity in Motor vehicles/Boats/Other tangible property Yes $ -- No Savings Yes $ -- No Stocks/bonds Yes $ -- No * Equity in Real estate (excluding homestead) Yes $ -- No * include expectancy of an interest in such property 5. I have a total amount of liabilities and debts in the amount of $ -- ,. 6. I receive: (Circle "Yes" or "No") Temporary Assistance for Needy Families-Cash Assistance Yes $ -- No Poverty-related veterans' benefits Yes $ -- No Supplemental Security Income (SSI) Yes $ -- No 7. I have been released on bail in the amount of $ -- . Cash -- Surety -- Posted by: Self -- Family -- Other --

    A person who knowingly provides false information to the clerk or the court in seeking a determination of indigent status under s. 27.52, F.S. commits a misdemeanor of the first degree, punishable as provided in s. 775.082, F.S. or s. 775.083, F.S. I attest that the information I have provided on this Application is true and accurate to the best of my knowledge.

    Signed this -- day of -- , 20 -- .

    Date of Birth -- . Driver's license or ID number -- .

    Signature of Applicant for Indigent Status

    Print full legal name -- .

    Address -- .

    City, State, Zip -- .

    Phone number -- .

    CLERK'S DETERMINATION

    --Based on the information in this Application, I have determined the applicant to be ( ) Indigent ( ) Not Indigent

    --The Public Defender is hereby appointed to the case listed above until relieved by the Court. Dated this -- day of -- , 20 -- .

    --

    Clerk of the Circuit Court

    --

    Clerk/Deputy Clerk/Other authorized

    person

    This form was completed

    with the assistance of

    APPLICANTS FOUND NOT INDIGENT MAY SEEK REVIEW BY ASKING FOR A HEARING TIME. Sign here if you want the judge to review the clerk's decision of not indigent.--

    RULE 3.987. MOTION FOR POSTCONVICTION RELIEF

    MODEL FORM FOR USE IN MOTIONS FOR POSTCONVICTION RELIEF PURSUANT TO FLORIDA RULE OF CRIMINAL PROCEDURE 3.850 In the Circuit Court of the -- Judicial Circuit, in and for -- . County, Florida State of Florida, ) ) v. ) Criminal Division ) Case No.: -- . -- ) (the original case number) (your name) ) ) -- ) MOTION FOR POSTCONVICTION RELIEF

    Instructions--Read Carefully

    (1) This motion must be [begin strikethrough]legibly handwritten or typewritten, signed by the defendant, and contain either the first or second oath set out at the end of this rule[end strikethrough] typewritten or hand-written in legible printed lettering, in blue or black ink, double-spaced, with margins no less than 1 inch on white 8 1/2 by 11 inch paper. No motion, including any memorandum of law, shall exceed 50 pages without leave of the court upon a showing of good cause. Any false statement of a material fact may serve as the basis for prosecution and conviction for perjury. All questions must be answered concisely in the proper space on the form.

    (2) Additional pages are not permitted except with respect to the facts that you rely upon to support your grounds for relief. No citation of authorities need be furnished. If briefs or arguments are submitted in support of your legal claims (as opposed to your factual claims), they should be submitted in the form of a separate memorandum of law. This memorandum should have the same caption as this motion.

    (3) No filing fee is required when submitting a motion for postconviction relief.

    (4) Only the judgment of one case may be challenged...

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