In re: Amendments to Florida Rules of Criminal Procedure 3.116 and 3.132

Summary

The Supreme Court of Florida issued a corrected per curiam opinion amending Florida Rules of Criminal Procedure 3.116 and 3.132. The amendments substantially revise procedures governing pretrial detention, including motions, hearings, continuances, custody and release conditions, evidence, communication technology, burdens of proof, and detention orders. The amendments become effective May 1, 2025, at 12:01 a.m.

Holdings

1. The Supreme Court of Florida adopted amendments to Florida Rule of Criminal Procedure 3.132 governing pretrial detention, including motions, timing of hearings, continuances, custody and release conditions, judicial authority, hearing rights, evidence, communication technology, burden of proof, detention orders, and reconsideration.
2. The amended rule requires specified first-appearance and hearing procedures for pretrial detention, establishes custody and release rules, protects the defendant's right to counsel and to present and cross-examine witnesses, regulates admissible evidence and communication technology, and specifies the State's burden and the findings required in a detention order.
3. The Court amended Florida Rule of Criminal Procedure 3.116(b) to add rule 3.132(j) to the list of rules governing their own use of audio-video communication technology.

Questions Presented

1. Whether Florida Rule of Criminal Procedure 3.132 should be amended to implement recent changes to section 907.041, Florida Statutes, governing pretrial detention.
2. Whether Florida Rule of Criminal Procedure 3.116(b) should be amended to recognize rule 3.132(j) as governing the use of audio-video communication technology in pretrial-detention proceedings.
3. What effective date and procedural requirements should apply to the amended rules.

Disposition

other