IN RE: AMENDMENTS TO FLORIDA RULES OF CRIMINAL PROCEDURE 3.692 AND 3.989—2019 FAST-TRACK REPORT. (2019)

This matter is before the Court for consideration of proposed amendments to the Florida Rules of Criminal Procedure. See Fla. R. Jud. Admin. 2.140(e)(1). We have jurisdiction ¹ and adopt the amendments as proposed.

The Florida Bar's Criminal Procedure Rules Committee (Committee) filed a fast-track out-of-cycle report proposing amendments to rules 3.692 (Petition to Seal or Expunge) and 3.989 (Affidavit; Petition; and Order to Expunge or Seal Forms), and proposing new rules 3.693 (Petition to Seal or Expunge; Human Trafficking), 3.694 (Petition to Seal or Expunge; Lawful Self-Defense Expunction), and 3.9895 (Human Trafficking: Sworn Statement; Petition; and Order to Expunge or Seal Records). The Committee's proposals are in part based upon recent legislation, see chapter 2019-167, sections 47, 50, and 51, Laws of Florida, and are otherwise organizational.

Rule 3.962 is reorganized to pertain to the sealing and expunction of criminal history records pursuant to sections 943.0585, Court-ordered expunction of criminal history records, and 943.059, Court-ordered sealing of criminal history records, Florida Statutes (2019). New rules 3.693 and 3.9895 pertain to and are to be used by human trafficking victims seeking to seal or expunge related criminal records. New rule 3.694 pertains to sealing or expunging criminal records based upon a lawful self-defense pursuant to chapter 776, Florida Statutes (2019), Justifiable Use of Force. Finally, rule 3.989 is amended largely to remove portions of the form into new rule 3.9895.

Accordingly, the Florida Rules of Criminal Procedure are amended as reflected in the appendix to this opinion. New language is indicated by underscoring; deletions are indicated by struck-through type. The amendments shall take effect immediately upon the release of this opinion. Because the amendments were not published for comment prior to their adoption, interested persons shall have seventy-five days from the date of this opinion in which to file comments with the Court.²

It is so ordered.

APPENDIX

FOOTNOTES

1.   See art. V, § 2(a), Fla. Const.

2.   All comments must be filed with the Court on or before March 3, 2020, with a certificate of service verifying that a copy has been served on the Committee Chair, Jane Allie McNeill, 255 North Broadway Avenue, Floor 3, Bartow, Florida 33830-3912, jmcneill@pd10.org, and on the Bar Staff Liaison to the Committee, Krys Godwin, 651 E. Jefferson Street, Tallahassee, Florida 32399-2300, kgodwin@floridabar.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 Committee Chair has until March 24, 2020, 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 Florida Courts E-Filing Portal (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 may be, but is not required to be, filed via the Portal. Comments filed via the Portal must be submitted in Microsoft Word 97 or higher. See In re Electronic Filing in the Florida Supreme Court, Fla. Admin. Order No. AOSC17-27 (May 9, 2017). 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, Florida 32399-1927; no additional copies are required or will be accepted.

PER CURIAM.

CANADY, C.J., and POLSTON, LABARGA, LAWSON, and MUÑIZ, JJ., concur.