The Supreme Court of Florida has announced amendments to the Florida Rules of Criminal Procedure, specifically Rules 3.116 and 3.132, concerning pretrial detention.
These changes come in response to recent legislative updates to section 907.041, Florida Statutes. The court’s decision, detailed in a per curiam opinion released on Thursday, aims to clarify and update the procedures surrounding pretrial detention, particularly in cases involving “dangerous crimes” as defined by Florida law.
The amended rule 3.132 includes several key changes, starting with a mandate that individuals arrested for specific “dangerous crimes” cannot be released from jail before their first appearance in court. It also outlines the necessary contents of a motion for pretrial detention, including the grounds and supporting facts, and specifies when these motions can be made and heard, as well as the circumstances under which hearings can be continued.
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Notably, the court modified the proposed rule to allow either party to seek a continuance of the hearing, with continuances beyond five days requiring either court approval based on “extenuating circumstances” or agreement between the parties with court approval.
The rule further details the conditions under which a defendant can be held in custody or released, especially concerning “dangerous crimes,” clarifies which judge has jurisdiction to hear pretrial detention motions, reaffirms the defendant’s rights at the hearing (including the right to counsel, to present evidence, and to cross-examine witnesses), and outlines the type of evidence admissible at the hearing.
The use of communication technology, such as audio-video, in pretrial detention hearings is now addressed, and the rule reiterates that the state bears the burden of proving the need for pretrial detention.
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Finally, the rule specifies the information that must be included in an order granting or denying pretrial detention and allows for reconsideration of the order under specific circumstances.
In conjunction with the changes to Rule 3.132, the court also amended Rule 3.116(b) to include Rule 3.132(j) in the list of rules governing the use of audio-video communication technology.
The amendments to the Florida Rules of Criminal Procedure are set to take effect on May 1, 2025, at 12:01 a.m. The Supreme Court’s decision reflects its commitment to ensuring that pretrial detention procedures are consistent with statutory changes and provide a fair and efficient process for all parties involved.
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