IN RE: AMENDMENTS TO the FLORIDA RULES OF CRIMINAL PROCEDURE. (2021)

This matter is before the Court for consideration of proposed amendments to the Florida Rules of Criminal Procedure. We have jurisdiction. See art. V, § 2(a), Fla. Const. With slight modification, we adopt The Florida Bar's Criminal Procedure Rules Committee's (Committee) amendments as proposed.

BACKGROUND

The Committee filed a report proposing amendments to the following rules: 3.131 (Pretrial Release); 3.220 (Discovery); 3.800 (Correction, Reduction, and Modification of Sentences); 3.9855 (Juror Voir Dire Questionnaire); and 3.987 (Motion for Postconviction Relief). The Committee and the Court previously published the proposals for comment, but no comments were received. As discussed below, we adopt the Committee's amendments as proposed with one modification to rule 3.9855 (Juror Voir Dire Questionnaire).

AMENDMENTS

First, rule 3.131 (Pretrial Release) is amended to add the term “community control” in subdivision (b)(3) (Hearing at First Appearance—Conditions of Release), to ensure that specific and correct terminology is used to describe pretrial release where other conditions already apply, such as probation, parole, and other posttrial release programs.

Next, we amend rule 3.220 (Discovery) to add a sentence in subdivision (h)(5) (Discovery Depositions; Depositions of Law Enforcement Officers), that requires the prosecuting attorney to provide a physical or email address designated by a law enforcement agency or department for service of a notice of deposition with discovery. This change is intended to provide defense attorneys with the most accurate information to effectuate service on law enforcement officers for depositions.

Next, we amend rule 3.800 (Correction, Reduction, and Modification of Sentences) to update subdivision (b)(1)(A) (Motion to Correct Sentencing Error; Motion Before Appeal), to properly crossreference Florida Rule of Appellate Procedure 9.020, subdivision “Rendition (of an Order),” from (i) to (h). See In re Amends. to Fla. R. App. P.—2017 Regular-Cycle Report, 256 So. 3d 1218, 1219, 1228 (Fla. 2018).

Next, rule 3.9855 (Juror Voir Dire Questionnaire) is amended to add directions at the top of the form to redact the juror's month and date of birth, but retain the year, in compliance with Florida Rule of General Practice and Judicial Administration 2.425(a)(2) (Minimization of the Filing of Sensitive Information; Limitation for Court Filings). The month and date of birth are used to determine identity and eligibility of the jurors but are also considered sensitive information that should be removed if the forms are filed and could potentially become public record. The amendment includes a citation to rule 2.425(a)(2). Because we recently updated the name of the Florida Rules of Judicial Administration to the Florida Rules of General Practice and Judicial Administration, we also amend the abbreviation to reflect the updated name, which is now abbreviated “Fla. R. Gen. Prac. & Jud. Admin.” See In re Amends. to Fla. Rules of Jud. Admin.—2020 Regular-Cycle Report, 310 So. 3d 374 (Fla. 2021).

Finally, rule 3.987 (Motion for Postconviction Relief) is amended to clarify the oath requirement for a postconviction motion. This change will make the rule consistent with the oath requirement for postconviction proceedings required by other rules, specifically rule 3.850 (Motion to Vacate; Set Aside; or Correct Sentence). See In re Amends. to Fla. Rules of Crim. P. & Fla. Rules of App. P., 132 So. 3d 734, 738, 746-78 (Fla. 2013).

CONCLUSION

Accordingly, we amend the Florida Rules of Criminal Procedure as reflected in the appendix to this opinion. New language is indicated by underscoring; deletions are indicated by struck-through type. The amendments to the rules shall become effective July 1, 2021, at 12:01 a.m.

It is so ordered.

APPENDIX

RULE 3.131. PRETRIAL RELEASE

(a) Right to Pretrial Release. [No changes]

(b) Hearing at First Appearance—Conditions of Release.

(1-2) [No changes]

(3) In determining whether to release a defendant on bail or other conditions, and what that bail or those conditions may be, the court may consider the nature and circumstances of the offense charged and the penalty provided by law; the weight of the evidence against the defendant; the defendant's family ties, length of residence in the community, employment history, financial resources, need for substance abuse evaluation and/or treatment, and mental condition; the defendant's past and present conduct, including any record of convictions, previous flight to avoid prosecution, or failure to appear at court proceedings; the nature and probability of danger that the defendant's release poses to the community; the source of funds used to post bail; whether the defendant is already on release pending resolution of another criminal proceeding or is on probation, community control, parole, or other release pending completion of sentence; and any other facts the court considers relevant.

(4-6) [No changes]

(c - l) [No changes]

COMMITTEE NOTES

[No changes]

COURT COMMENT

[No changes]

RULE 3.220. DISCOVERY

(a-g) [No changes]

(h) Discovery Depositions.

(1-4) [No changes]

(5) Depositions of Law Enforcement Officers. Subject to the general provisions of subdivision (h)(1), law enforcement officers shall appear for deposition, without subpoena, upon written notice of taking deposition delivered at the physical address of the law enforcement agency or department, or an e-mail or other address designated by the law enforcement agency or department, 5 days prior to the date of the deposition. Any physical address or e-mail address designated by a law enforcement agency or department for service of notice of deposition shall be provided by the prosecuting attorney with discovery. Law enforcement officers who fail to appear for deposition after being served notice as required by the rule may be adjudged in contempt of court.

(6-8) [No changes]

(i-o) [No changes]

COMMITTEE NOTES

[No changes]

COURT COMMENTARY

[No changes]

RULE 3.800. CORRECTION, REDUCTION, AND MODIFICATION OF SENTENCES

(a) [No changes]

(b) Motion to Correct Sentencing Error. A motion to correct any sentencing error, including an illegal sentence or incorrect jail credit, may be filed as allowed by this subdivision. This subdivision shall not be applicable to those cases in which the death sentence has been imposed and direct appeal jurisdiction is in the supreme court under article V, section 3(b)(1) of the Florida Constitution. The motion must identify the error with specificity and provide a proposed correction. A response to the motion may be filed within 15 days, either admitting or contesting the alleged error. Motions may be filed by the state under this subdivision only if the correction of this sentencing error would benefit the defendant or to correct a scrivener's error.

(1) Motion Before Appeal. During the time allowed for the filing of a notice of appeal of a sentence, a defendant or the state may file a motion to correct a sentencing error.

(A) This motion shall stay rendition under Florida Rule of Appellate Procedure 9.020(ih).

(B) [No changes]

(2) [No changes]

(c) [No changes]

COMMITTEE NOTES

[No changes]

COURT COMMENTARY

[No changes]

PER CURIAM.

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