In re Amendments to the Florida Rules of Criminal Procedure

Summary

The Florida Supreme Court adopts amendments to several Florida Rules of Criminal Procedure, including rules governing counsel for indigents, notices to appear, indictments and informations, speedy trial, discovery, jury communications, motions, post-trial release, sentencing corrections, and capital post-conviction proceedings. The amendments become effective January 1, 2013, while certain proposed amendments concerning expert reports and plea withdrawals are declined or severed.

Holdings

1. The Court adopted the Committee's proposed amendments to Florida Rules of Criminal Procedure 3.111, 3.125, 3.140, 3.191, 3.220, 3.410, 3.590, 3.691, and 3.800.
2. The Court declined to adopt the proposed substantive amendments requiring certain mental-health expert reports in capital postconviction proceedings to be filed and maintained under seal in the trial court file.
3. The Court adopted the editorial amendments to Florida Rule of Criminal Procedure 3.851.
4. The proposed amendments to rule 3.170 were severed from the proceeding and reserved for consideration with proposed amendments to rule 3.170 in In re Amendments to the Florida Rules of Criminal Procedure—Postconviction Rules, Case No. SC11-1679.

Questions Presented

1. Whether the proposed amendments to Florida Rules of Criminal Procedure 3.111, 3.125, 3.140, 3.191, 3.220, 3.410, 3.590, 3.691, and 3.800 should be adopted.
2. Whether the proposed substantive amendments to rule 3.851 concerning the filing and sealing of mental-health expert reports should be adopted.
3. Whether the proposed amendments to rule 3.170 should be considered in this proceeding or severed for consideration in a separate rulemaking case.

Disposition

other