The Florida Supreme Court has announced amendments Thursday to Florida Rules of Criminal Procedure 3.220 (Discovery), 3.851 (Collateral Relief After Death Sentence Has Been Imposed and Affirmed on Direct Appeal), and 3.853 (Motion for Postconviction DNA Testing).
The amendments, effective July 1, 2025, aim to streamline processes and clarify existing rules.
The amendments stem from a report filed by The Florida Bar’s Criminal Procedure Rules Committee, which was unanimously approved by the Bar’s Board of Governors. Following a period of public comment, during which no comments were received, the Court adopted the proposed changes.
Rule 3.220(h)(5) (Discovery):
- This amendment addresses electronic service of deposition notices for law enforcement agencies. If an agency agrees to electronic service, it must designate an email address for its liaison to receive such notices.
Rule 3.851(i)(11) (Collateral Relief):
- This subdivision is reworded to clarify the appointment of collateral counsel in cases where counsel was discharged before May 5, 2022. This aims to ensure proper representation in capital post-conviction cases.
Rules 3.851(f)(2) and 3.853(c) (Post-Conviction Motions):
- The requirement for delivering motions directly to the judge is replaced with a mandate that the clerk notify the judge upon filing, streamlining the initial procedural steps.
The Court’s per curiam opinion highlights the goal of these amendments to enhance efficiency and clarity within the criminal justice system.
The amendments also incorporate guidelines from Florida Administrative Order No. AOSC22-78, focusing on improved rule submissions.
The amendments are scheduled to take effect on July 1, 2025, at 12:01 a.m.
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