In Re AMENDMENTS TO the FLORIDA RULES OF CRIMINAL PROCEDURE
188 So. 3d 764
| Fla. | 2015Background
- Florida Supreme Court reviews regular-cycle report of proposed amendments to Florida Rules of Criminal Procedure by The Florida Bar’s Criminal Procedure Rules Committee; proposes amendments to Rules 3.112, 3.121(a), 3.172(c), 3.192, 3.212(d), 3.220, 3.281, 3.300(d), 3.410, 3.590(a), 3.984, 3.985, 3.986; proposals published for comment; eight comments received on select rules; Court adopts most proposals, some with modifications, and rejects others; amendments effective January 1, 2016; extensive explanation and appendix included.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether to adopt the proposed amendments to rules 3.121(a), 3.192, 3.212(d), 3.220, 3.410, 3.590(a), 3.984, 3.986. | Committee urged adoption of amendments as proposed. | Court considered comments and adopted most amendments; modified some. | Adopted the amendments as proposed for 3.121, 3.192, 3.212(d), 3.220, 3.410, 3.590(a), 3.984, 3.986; 3.112 and 3.172 adopted with modifications; 3.281, 3.300(d), 3.985 rejected. |
| Whether to amend Rule 3.112 (Lead Trial Counsel) by removing 'defense' from 'lead defense counsel'. | Committee favored removal to reflect prosecutorial flexibility. | Court rejected removal of 'defense' term; preserved integrity of capital-case representation. | Rule 3.112(f) retained; no removal of 'defense' from 'lead defense counsel'. |
| Whether to amend Rule 3.121 to require a photograph with arrest warrants and to specify bail conditions. | Amendments improve identification and release conditions. | Court adopted updates, including photograph if available and explicit bail/conditions. | Rule 3.121(a)(4) and (7) amended accordingly. |
| Whether to implement Padilla/Hernandez-based deportation-consciousness in Rule 3.172(c) (voluntariness of plea). | Align with federal and Florida precedents on deportation consequences advising defendants. | Court adopted Deportation Consequences subdivision; retained other rights disclosures. | Subdivision (c)(8) designated ‘Deportation Consequences’ and expanded advisements. |
| Whether to modify Hazuri-based procedures for jury read-back/transcripts under Rule 3.410. | Hazuri dictates read-back procedures; updates needed for transcripts requests. | Court added new subdivision outlining read-back procedures and process. | Rule 3.410 amended to implement Hazuri-based procedures. |
Key Cases Cited
- Padilla v. Kentucky, 559 U.S. 356 (2010) (deportation consequences advisory duty for counsel in plea negotiations)
- Hernandez v. State, 124 So. 3d 757 (Fla. 2012) (ineffective assistance regarding deportation advisements in pleas)
- Hazuri v. State, 91 So. 3d 836 (Fla. 2012) (read-back of testimony; jury transcript request procedures)