IN RE: AMENDMENTS TO the FLORIDA RULES OF CRIMINAL PROCEDURE—2021 FAST-TRACK REPORT. (2021)

This matter is before the Court for consideration of proposed amendments to the Florida Rules of Criminal Procedure. See Fla. R. Gen. Prac. & Jud. Admin. 2.140(e). We have jurisdiction. See art. V, § 2(a), Fla. Const.

The Florida Bar's Criminal Procedure Rules Committee (Committee) filed a fast-track report proposing amendments to the following Florida Rules of Criminal Procedure (rules) in response to recent legislation: 3.693 (Petition to Seal or Expunge; Human Trafficking), 3.986 (Forms Related to Judgment and Sentence), and 3.9895 (Human Trafficking: Sworn Statement; Petition; and Order to Expunge or Seal Records). Having considered the proposed amendments, the Court hereby amends rule 3.693 as proposed by the Committee, and rules 3.986 and 3.9895, with the slight modification to the proposed amendments as discussed below.

First, rule 3.693(a)(1)(A) is amended to remove the requirement that a human trafficking victim petitioner swear that there are no other pending petitions to expunge or seal pending in any other courts. Additionally, subdivision (e), which required a petitioner to pay for certified copies related to the petition to expunge or seal unless indigent, is deleted. These amendments bring the rule into conformity with the recent legislative changes to section 943.0583, Florida Statutes, which was amended to delete the requirement in subsection (6)(a) that a petitioner swear that no other petition to expunge or seal is pending before any court and to include language in subsection (2) stating that a clerk of court may not charge any type of fee related to the petition for expungement filed under this section. See ch. 2021-189, § 3, Laws of Fla.

Next, the fingerprint certifications in rule 3.986 are amended to mirror the updated statutory language of section 921.241(3)(a)-(b), Florida Statutes. See ch. 2021-230, §§ 9-11, Laws of Fla. The new language allows for digital fingerprinting and does not require that fingerprints be taken in the presence of or be certified by a judge. Instead, a court officer, employee of the court, or employee of a criminal justice agency may manually take or electronically capture the defendant's fingerprints and make such certification.

Finally, rule 3.9895(b) (Sworn Statement in Support of Petition; Human Trafficking Victim) is amended to remove the final sentence of the sworn statement, which required a petitioner to indicate whether there are other petitions to expunge pending before any court. Additionally, rule 3.9895(c) (Order to Expunge; Human Trafficking Victim) is amended to remove reference to the petitioner paying the costs of certified copies. These amendments bring the rule's language into conformity with the recent legislative changes to section 943.0583, Florida Statutes, which deletes reference to the petitioner swearing that no other petition to expunge or seal is pending before any court and prohibits the clerk of court from charging fees related to the petition. See ch. 2021-189, § 3, Laws of Fla.

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 immediately. Because the amendments were not published for comment previously, interested persons shall have seventy-five days from the date of this opinion in which to file comments with the Court.¹

It is so ordered.

Appendix

RULE 3.693. PETITION TO SEAL OR EXPUNGE; HUMAN TRAFFICKING

(a) Requirements of Petition.

(1) [No Change]

(A) the petitioner's sworn statement attesting that the petitioner is eligible for such an expunction to the best of his or her knowledge or beliefand does not have any other petition to expunge or any petition to seal pending before any court; and

(B) [No Change]

(b) – (d) [No Change]

(e) Costs. Petitioner shall bear all costs of certified copies unless petitioner is indigent.

Committee Notes

[No Change]

FOOTNOTES

1.   All comments must be filed with the Court on or before January 11, 2022, with a certificate of service verifying that a copy has been served on the Committee Chair, Alan Scott Apte, P.O. Box 2286, Orlando, Florida 32802-2286, alan@florida-mediate.com, and on the Bar Staff Liaison to the Committee, Mikalla Andies Davis, 651 E. Jefferson Street, Tallahassee, Florida 32399-2300, midavis@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 February 1, 2022, 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. 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, MUÑIZ, COURIEL, and GROSSHANS, JJ., concur.