In re Amendments to the Florida Rules of Criminal Procedure

48 So. 3d 17, 35 Fla. L. Weekly Supp. 516, 2010 Fla. LEXIS 1610, 2010 WL 3701323
CourtSupreme Court of Florida
DecidedSeptember 23, 2010
DocketNo. SC10-1471
StatusPublished

This text of 48 So. 3d 17 (In re Amendments to the Florida Rules of Criminal Procedure) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Amendments to the Florida Rules of Criminal Procedure, 48 So. 3d 17, 35 Fla. L. Weekly Supp. 516, 2010 Fla. LEXIS 1610, 2010 WL 3701323 (Fla. 2010).

Opinion

PER CURIAM.

This matter is before the Court for consideration of proposed amendments to the Florida Rules of Criminal Procedure. We have jurisdiction. See art. V, § 2(a), Fla. Const.

The Criminal Procedure Rules Committee has filed a fast-track report in response to legislative changes.1 Upon consideration of the committee’s report and the relevant legislation, we adopt the amendments to rules 3.986 (Forms Related to Judgment and Sentence), 3.111(Provid-ing Counsel to Indigents), 3.720 (Sentencing Hearing), and. 3.704 (The Criminal Punishment Code) as proposed by the committee. Subdivisions (e) (Form for Order of Probation), and (f) (Order of Community Control) of rule 3.986 are amended in response to chapter 2010-64, Laws of Florida, requiring that as a condition of probation and community control, offenders submit to the taking of a digitized photograph by the Department of Corrections as a part of the offender’s records. Ch. 2010-64, §§ 18, 20, Laws of Fla. (effective July 1, 2010). Specific references to sections 948.03 and 948.101, Florida Statutes, are included because these statutes provide additional information concerning how the department may display these photographs and limitations upon its authority to do so.

Subdivision (c) (Forms for Charges, Costs, and Fees) of rule 3.986 and rules 3.111(b)(5)(A) and 3.720(d)(1) are amended to include references to court-appointed counsel, other than the public defender, within provisions pertaining to the imposition of liens for services rendered by court-appointed counsel. This is in response to the creation of the Office of Criminal Conflict and Civil Regional Counsel and the inclusion of that office in section 938.29, Florida Statutes (2009). See Chapter 2007-62, § 29, Laws of Fla. (effective October 1, 2007). Rules 3.111(b)(5)(A) and 3.720(d)(1) are also amended to correct the statutory reference to section 27.56, Florida Statutes, which has been renumbered as section 938.29, Florida Statutes (2009).

Finally, rule 3.704 (The Criminal Punishment Code) is amended in response to chapter 2007-212, Laws of Florida. That legislation revised part of the worksheet key contained in section 921.0024(l)(b), Florida Statutes, pertaining to the law enforcement protection act multiplier. Ch. 2007-212, § 2, Laws of Fla. Subdivision (d)(20) of this rule is amended to correspond with the change in legislation.

Accordingly, the Florida Rules of Criminal Procedure are hereby amended as set forth in the appendix to this opinion. New language is underscored; deleted language [18]*18is struck through. The amendments shall become effective immediately upon the release of this opinion. Further, interested persons shall have sixty days from the date of this opinion to file comments regarding the amendments with the Court.2

It is so ordered.

CANADY, C.J., and PARIENTE, LEWIS, QUINCE, POLSTON, LABARGA, and PERRY, JJ., concur.

APPENDIX

RULE 3.111. PROVIDING COUNSEL TO INDIGENTS

(a) [No change]

(b) Cases Applicable.

(1) — (4) [No change]

(5) Before appointing a public defender, the court shall:

(A) inform the accused that, if the public defender or other counsel is appointed, a lien for the services rendered by the, public — d&fendnrcounsel may be imposed under section 27.56rF-lorida Statutes as provided by law;

(B) make inquiry into the financial status of the accused in a manner not inconsistent with the guidelines established by section 27.52, Florida Statutes. The accused shall respond to the inquiry under oath;

(C) require the accused to execute an affidavit of insolvency as required by section 27.52, Florida Statutes.

(c) — (e) [No change]

Committee Notes

[No change]

RULE 3.704. THE CRIMINAL PUNISHMENT CODE

(a) — (c) [No change]

(d)General Rules and Definitions.

(1) — (19) [No change]

(20) If the primary offense is a violation of the Law Enforcement Protection Act under subsection 775.0823(2), (3), or (4), Florida Statutes, the subtotal sentence points are multiplied by a factor of 2.5. If the primary offense is a violation of subsection 775.0823(3-))-(4-)^(5), (6), (7), or-(8), or (9), the subtotal sentence points are multiplied by a factor of 2.0. If the primary offense is a violation of section 784.07(3) or 775.0875(1) or the Law Enforcement Protection Act under subsection 775.0823(9) or (10) or (11), — or—section 784.07(3)⅜ — Florida—Statutes,—or—section 775.087-5(-l-), the subtotal sentence points are multiplied by a factor-of 1.5.

(21) — (30) [No change]

Committee Note

RULE 3.720. SENTENCING HEARING

As soon as practicable after the determination of guilt and after the examination of [19]*19any presentence reports, the sentencing court shall order a sentencing hearing. At the hearing:

(d) (1) If the accused was represented by a public defender or special-assistant public defenderother court appointed counsel, the court shall notify the accused of the imposition of a lien pursuant to section 27.56938.29, Florida Statutes. The amount of the lien shall be given and a judgment entered in that amount against the accused. Notice of the accused’s right to a hearing to contest the amount of the lien shall be given at the time of sentence.

(2) If the accused requests a hearing to contest the amount of the lien, the court shall set a hearing date within 30 days of the date of sentencing.

RULE 3.986. FORMS RELATED TO JUDGMENT AND SENTENCE

(a) — (b) [No change]

(c) Form for Charges, Costs, and Fees.

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CHARGES/COSTS/FEES

The defendant is hereby ordered to pay the following sums if checked:

_ $50.00 pursuant to section 938.03, Florida Statutes (Crimes Compensation Trust Fund).

_ $3.00 as a court cost pursuant to section 938.01, Florida Statutes (Criminal Justice Trust Fund).

_ $2.00 as a court cost pursuant to section 938.15, Florida Statutes (Criminal Justice Education by Municipalities and Counties).

_ A fíne in the sum of $_pursu-ant to section 775.0835, Florida Statutes. (This provision refers to the optional fíne for the Crimes Compensation Trust Fund and is not applicable unless checked and completed. Fines imposed as part of a sentence to section 775.083, Florida Statutes, are to be recorded on the sentence page(s).)

_ A sum of $ pursuant to section 938.27, Florida Statutes (Prosecution/Investigative Costs).

_ A sum of $ pursuant to section 938.29, Florida Statutes (Public Defender/Appointed Counsel Fees).

_ Restitution in accordance with attached order.

_ $201 pursuant to section 938.08, Florida Statutes (Funding Programs in Domestic Violence).

_ A sum of $_ for the cost of collecting the DNA sample required by s. 943.325, Florida Statutes.

_ Other_

DONE AND ORDERED in open court in _ County, Florida, on .(date).

Judge

(d) [No change]

(e) Form for Order of Probation.

[20]*20[[Image here]]

ORDER OF PROBATION

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Bluebook (online)
48 So. 3d 17, 35 Fla. L. Weekly Supp. 516, 2010 Fla. LEXIS 1610, 2010 WL 3701323, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-amendments-to-the-florida-rules-of-criminal-procedure-fla-2010.