IN RE: AMENDMENTS TO FLORIDA RULES OF CRIMINAL PROCEDURE. (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(b)(1). We have jurisdiction. See art. V, § 2(a), Fla. Const.

The Florida Bar's Criminal Procedure Rules Committee (Committee) filed a report proposing amendments to Florida Rules of Criminal Procedure 3.781 (Sentencing Hearing to Consider the Imposition of a Life Sentence for Juvenile Offenders) and 3.802 (Review of Sentences for Juvenile Offenders), and proposes adoption of new Florida Rule of Criminal Procedure, 3.996 (Application for Sentence Review Hearing). The Board of Governors of The Florida Bar unanimously approved the Committee's proposals. The Committee and the Court published the proposals for comment in The Florida Bar News. Two comments were received by the Court, one from the Florida Public Defender Association (FPDA) and one from the Direct File and Youthful Offender Project at Florida International University College of Law (Youthful Offender Project). The Committee filed a response to the comments but did not propose any additional changes.

Having considered the Committee's report, the comments from the FPDA and Youthful Offender Project, and the Committee's response, the Court hereby adopts the amendments and new rule as proposed by the Committee.

First, we amend rule 3.781 throughout to replace the term “defendant” with the term “juvenile offender.” Additionally, rule 3.781(c)(1) is reworded to provide greater clarity. Finally, additional language is added to reference section 921.1402, Florida Statutes, and to specify that the trial court must issue written findings specifying which subsection of the statute applies, when the juvenile offender is eligible to apply for a sentence review hearing, and that the Department of Corrections must notify juvenile offenders when they are eligible to apply for a sentence review hearing.

Next, we amend rule 3.802, to replace the word “defendant” with the words “juvenile offender” throughout. Additionally, language indicating that the juvenile offender must provide information that is not required by section 921.1402, Florida Statutes, is deleted from rule 3.802.

Finally, we adopt new rule 3.996. This new rule provides a form to be used by pro se inmates to assist in requesting a sentence review hearing.

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 shall become effective April 1, 2022, at 12:01 a.m.

It is so ordered.

APPENDIX

RULE 3.781. SENTENCING HEARING TO CONSIDER THE IMPOSITION OF A LIFE SENTENCE FOR JUVENILE OFFENDERS

(a) [No Change]

(b) Procedure; Evidentiary Hearing. After a determination of guilt for an offense punishable under sections 775.082(1)(b), 775.082(3)(a)5., 775.082(3)(b)2., or 775.082(3)(c), Florida Statutes, and after the examination of any presentence reports, the sentencing court shall order a sentencing hearing to be held pursuant to rules 3.720 and 3.721. The sentencing court shall allow the state and defendantthe juvenile offender to present evidence relevant to the offense, the defendantjuvenile offender's youth, and attendant circumstances, including, but not limited to those enumerated in section 921.1401(2), Florida Statutes. Additionally, the court shall allow the state and the defendantjuvenile offender to present evidence relevant to whether or not the defendantjuvenile offender killed, intended to kill, or attempted to kill the victim.

(c) Findings.

(1) The court shall make specific findings on the record that all relevant factors have been reviewed and considered by the court prior to imposing a sentence of life imprisonment or a term of years equal to life imprisonment. The court shall make written findings as to whether the defendantjuvenile offender is eligible for a sentence review hearing under sections 921.1402subsections (2)(a), (2)(b), or (2)(c), of section 921.1402, Florida Statutes, based on whether the defendantjuvenile offender killed, attempted to kill, or intended to kill the victim. If the juvenile offender is found eligible for a sentence review hearing, the court shall issue a written order specifying:

(A) which subsection of section 921.1402(2), Florida Statutes, applies;

(B) when the juvenile offender is eligible to apply for a sentence review hearing; and

(C) that subsection 921.1402(3), Florida Statutes, requires the Department of Corrections to notify the juvenile offender when he or she will be eligible to apply for a sentence review hearing.

(2) A defendantjuvenile offender who is convicted of an offense punishable under section 775.082(1)(b)1., Florida Statutes, shall not be eligible for a sentence review hearing if the trial court finds that the defendantjuvenile offender has previously been convicted of one of the enumerated offenses, or conspiracy to commit one of the enumerated offenses, found in section 921.1402(2)(a), Florida Statutes.

(3) [No Change]

RULE 3.802. REVIEW OF SENTENCES FOR JUVENILE OFFENDERS

(a) – (b) [No Change]

(c) Contents of Application. The application must state that the juvenile offender is eligible for sentence review and include:

(1) a copy of the judgment and sentence, or a statement containing the following:

(A) the date of sentencing;

(B) the offense for which the defendantjuvenile offender was sentenced; and

(C) the sentence imposed; and

(2) the nature of the relief sought;

(3) whether a previous application has been filed, the date of filing of the application, and the disposition of that application;.

(4) a brief statement outlining the facts in support of the application; and

(5) if the application is being filed by a juvenile offender sentenced to life pursuant to section 775.082(1)(b)1., Florida Statutes, a statement certifying that the applicant has not been previously convicted of one of the offenses enumerated in sections 921.1402(2)(a) 1.–(2)(a)10., Florida Statutes, or conspiracy to commit one of offenses enumerated in sections 921.1402(2)(a)1.–(2)(a)10., Florida Statutes, in a separate criminal transaction or episode than that which resulted in the sentence under section 775.082(1)(b)1., Florida Statutes.

(d) – (g) [No Change]

RULE 3.996. APPLICATION FOR SENTENCE REVIEW HEARING

APPLICATION FOR SENTENCE REVIEW HEARING UNDER FLORIDA RULE OF CRIMINAL PROCEDURE 3.802.

INSTRUCTIONS FOR FILING APPLICATION FOR SENTENCE REVIEW HEARING

PURSUANT TO FLORIDA RULE OF CRIMINAL PROCEDURE 3.802. READ CAREFULLY

1. You may file this application at any point after you are statutorily eligible, pursuant to section 921.1402, Florida Statutes.

2. You must complete the attached application by filling in the blank spaces.

3. You must tell the truth and sign the attached application. If you make a false statement of a material fact in your application, you may be prosecuted for perjury.

4. You must file the attached application in the court of original jurisdiction, which imposed the sentence to be reviewed.

5. You are not required to pay a filing fee to file the attached application.

6. A second or successive application shall be denied without a hearing unless the initial application was denied as premature, or pursuant to section 921.1402(2)(d), Florida Statutes, the initial application was submitted by a juvenile offender sentenced to a term of 20 years or more under section 775.082(3)(c), Florida Statutes, and more than 10 years has elapsed since the initial sentence review hearing.

In the Circuit Court of the

_Judicial Circuit

in and for_

County, Florida

PER CURIAM

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