In re Amendments to Florida Rule of Appellate Procedure 9.143

Summary

The Supreme Court of Florida adopted new Florida Rule of Appellate Procedure 9.143 concerning crime victims’ rights under article I, section 16, of the Florida Constitution, commonly known as Marsy’s Law. The rule defines “victim,” specifies relevant filings to be included in the appellate record, and permits a victim to file a motion asserting constitutional rights without conferring party status.

Holdings

1. The Supreme Court of Florida adopted new Florida Rule of Appellate Procedure 9.143, titled Crime Victims, with modifications to the proposal submitted by the Appellate Court Rules Committee.
2. Under Florida Rule of Appellate Procedure 9.143(c), a victim seeking to invoke a right under article I, section 16, of the Florida Constitution may file a motion in the court in which the matter is pending.

Questions Presented

1. Whether the Supreme Court of Florida should adopt a new Florida Rule of Appellate Procedure governing crime victims’ rights in criminal and juvenile delinquency proceedings.
2. What procedures should govern a victim’s assertion of rights under article I, section 16, of the Florida Constitution in an appellate proceeding.

Disposition

approved