In Re: Amendments to Florida Rule of Criminal Procedure 3.670

• Court: Supreme Court of Florida
• Decided: January 25, 2024
• Docket: SC2023-1093
• Status: Published

Opinion

Supreme Court of Florida ____________

No. SC2023-1093 ____________

IN RE: AMENDMENTS TO FLORIDA RULE OF CRIMINAL PROCEDURE 3.670.

January 25, 2024

PER CURIAM.

The Florida Bar’s Criminal Procedure Rules Committee filed a

report proposing amendments to Florida Rule of Criminal Procedure

3.670 (Rendition of Judgment). 1 The Committee approved the

proposed amendments. The Board of Governors of The Florida Bar

recommended rejecting the proposal by a vote of 29-17-0. The

Committee published its proposal for comment prior to filing it with

the Court, and one comment was received. After the Committee

filed its report, the Court published the proposal for comment and

received one comment suggesting additional grammatical changes.

1. We have jurisdiction. See art. V, § 2(a), Fla. Const.; see also Fla. R. Gen. Prac. & Jud. Admin. 2.140(b)(1). The Court hereby amends Florida Rule of Criminal Procedure

3.670 as proposed by the Committee. The amendments mirror

section 948.01(2), Florida Statutes, to avoid confusion about

probation being required when an adjudication of guilt is withheld

by a trial court. The amendments explain that probation is

mandatory in felony cases where the judge withholds adjudication.

Additionally, the rule is divided into four subdivisions and various

grammatical and technical changes are made.

Accordingly, we amend Florida Rule of Criminal Procedure

3.670 as reflected in the appendix to this opinion. New language is

indicated by underscoring; deletions are indicated by struck-

through type. The amendments to the rule shall become effective

April 1, 2024, at 12:01 a.m.

It is so ordered.

MUÑIZ, C.J., and CANADY, LABARGA, COURIEL, GROSSHANS, FRANCIS, and SASSO, JJ., concur.

THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER THE EFFECTIVE DATE OF THESE AMENDMENTS.

Original Proceeding – Florida Rules of Criminal Procedure

Jason B. Blank, Chair, Criminal Procedure Rules Committee, Fort Lauderdale, Florida, Joshua E. Doyle, Executive Director, The

-2- Florida Bar, Tallahassee, Florida, and Michael Hodges, Staff Liaison, The Florida Bar, Tallahassee, Florida,

for Petitioner

George Pavlidakey, Clearwater, Florida,

Responding with comments

-3- APPENDIX

RULE 3.670. RENDITION OF JUDGMENT

(a) If the defendant is found not guilty, a judgment of not guilty must be rendered in open court and in writing, signed by a judge, filed, and recorded.

(b) If the defendant is found guilty, a judgment of guilty and, if the defendant has been acquitted, a judgment of not guilty shallmust be rendered in open court and in writing, signed by the judge, filed, and recorded. However, where allowed by law, the judge may withhold an adjudication of guilt. In the case of a felony, the judge may withhold an adjudication of guilt only if the judge places the defendant on probation.

(c) When a judge renders a final judgment of conviction, withholds adjudication of guilt after a verdict of guilty, imposes a sentence, grants probation, or revokes probation, the judge shallmust forthwith inform the defendant concerning the rights of appeal therefrom, including the time allowed by law for taking an appeal.

(d) Within 15 days after the signed written judgment and sentence is filed with the clerk of court, the clerk of the court shallmust serve on counsel for the defendant and counsel for the state a copy of the judgment of conviction and sentence entered, noting thereon the date of service by a certificate of service. If it is the practice of the trial court or the clerk of court to hand deliver copies of the judgment and sentence at the time of sentencing and copies are in fact hand delivered at that time, hand delivery shallmust be noted in the court file, but no further service shall beis required and the certificate of service need not be included on the hand-delivered copy.

Committee Notes [No Change]

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