IN RE: FLORIDA RULES OF CRIMINAL PROCEDURE
The Criminal Procedure Rules Committee has filed an out of cycle report of proposed rule amendments in accordance with Florida Rule of Judicial Administration 2.140(e).
The Legislature in 2000 passed a law that provided that [n]o person charged with a dangerous crime shall be granted nonmonetary pretrial release at a first appearance hearing. See ch. 2000 178, 2, at 1906, Laws of Fla. (amending section 907.041(4)(b), Fla. Stat. (1999)). The law also repealed Florida Rules of Criminal Procedure 3.131, Pretrial Release, and 3.132, Pretrial Detention. Seeid., 5, at 1909. Five years later, the Court in State v. Raymond, 906 So. 2d 1045 (Fla. 2005), declared the law unconstitutional and temporarily readopted the rules. The Court ordered that the rules be published for comment in light of the legislation. SeeIn re Fla. Rules of Crim. Pro. 3.131 & 3.132, 907 So. 2d 1169 (Fla. 2005). The rules were published in The Florida Bar News, and responses were filed by various entities. At the Courts request, the Criminal Procedure Rules Committee (committee) also filed an out of cycle report. The Court subsequently returned the matter to the committee for further consideration in light of the comments, and the committee has now filed a supplemental report proposing amendments to both rules 3.131 and 3.132.
After reviewing the comments and the committees proposals, court adopt the proposals filed by the committee, with the exception noted below. The major substantive changes are discussed below.