IN RE: AMENDMENTS TO FLORIDA RULES OF CRIMINAL PROCEDURE3.692 AND 3.989-2019 FAST-TRACK REPORT.
Original Proceedings - Florida Rules of Criminal Procedure
Jane
A. McNeill, Chair, Criminal Procedure Rules Committee,
Bartow, Florida; and Joshua E. Doyle, Executive Director, and
Krys Godwin, Staff Liaison, The Florida Bar, Tallahassee,
Florida, for Petitioner.
PER
CURIAM.
This
matter is before the Court for consideration of proposed
amendments to the Florida Rules of Criminal Procedure.
See Fla. R. Jud. Admin. 2.140(e)(1). We have
jurisdiction[1] and adopt the amendments as proposed.
The
Florida Bar's Criminal Procedure Rules Committee
(Committee) filed a fast-track out-of-cycle report proposing
amendments to rules 3.692 (Petition to Seal or Expunge) and
3.989 (Affidavit; Petition; and Order to Expunge or Seal
Forms), and proposing new rules 3.693 (Petition to Seal or
Expunge; Human Trafficking), 3.694 (Petition to Seal or
Expunge; Lawful Self-Defense Expunction), and 3.9895 (Human
Trafficking: Sworn Statement; Petition; and Order to Expunge
or Seal Records). The Committee's proposals are in part
based upon recent legislation, see chapter 2019-167,
sections 47, 50, and 51, Laws of Florida, and are otherwise
organizational.
Rule
3.962 is reorganized to pertain to the sealing and expunction
of criminal history records pursuant to sections 943.0585,
Court-ordered expunction of criminal history records, and
943.059, Court-ordered sealing of criminal history records,
Florida Statutes (2019). New rules 3.693 and 3.9895 pertain
to and are to be used by human trafficking victims seeking to
seal or expunge related criminal records. New rule 3.694
pertains to sealing or expunging criminal records based upon
a lawful self-defense pursuant to chapter 776, Florida
Statutes (2019), Justifiable Use of Force. Finally, rule
3.989 is amended largely to remove portions of the form into
new rule 3.9895.
Accordingly,
the Florida Rules of Criminal Procedure are amended as
reflected in the appendix to this opinion. New language is
indicated by underscoring; deletions are indicated by
struck-through type. The amendments shall take effect
immediately upon the release of this opinion. Because the
amendments were not published for comment prior to their
adoption, interested persons shall have seventy-five days
from the date of this opinion in which to file comments with
the Court.[2]
It is
so ordered.
CANADY, C.J., and POLSTON, LABARGA, LAWSON, and MUÑIZ,
JJ., concur.
THE
FILING OF A MOTION FOR REHEARING SHALL NOT ALTER THE
EFFECTIVE DATE OF THESE AMENDMENTS.
(Appendix
Omitted)
---------
Notes:
[1]
See art. V, § 2(a), Fla.
Const.