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In re Amendments to Florida Rules of Criminal Procedure3.692 and 3.989-2019 Fast-Track Report

Supreme Court of Florida

December 19, 2019

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)

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Notes:

[1] See art. V, § 2(a), Fla. Const.


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