IN RE: AMENDMENT TO FLORIDA RULE OF CRIMINAL PROCEDURE 3.691
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The Florida Supreme Court adopted an amendment to Florida Rule of Criminal Procedure 3.691 that replaces the phrase "adjudicated guilty of" with "sentenced for" in the post-trial release provision. This clarification ensures that defendants whose adjudication was withheld can still obtain post-trial release if they otherwise qualify.
The Court adopted the amendment as proposed. The phrase "adjudicated guilty of" is replaced with "sentenced for" in subdivision (a) of Rule 3.691, effective July 1, 2022.
[1] Florida Rule of Criminal Procedure 3.691(a) is amended to replace the phrase "adjudicated guilty of" with "sentenced for" to clarify the availability of post-trial releas…
[2] Post-trial release is authorized for defendants sentenced for noncapital offenses where bail is not prohibited by statute, subject to judicial discretion and specific sta…
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Join FLexlaw to unlock all legal intelligence“This amendment clarifies that post-trial release is available to defendants who otherwise qualify for release where the adjudication was withheld.”
Establishes the purpose and effect of the amendment to Rule 3.691
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Join FLexlaw to unlock all legal intelligenceThe Florida Bar's Criminal Procedure Rules Committee proposed an amendment to Rule 3.691 (Post-Trial Release). The Board of Governors of The Florida B…
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PER CURIAM.
This matter is before the Court for consideration of a proposed amendment to Florida Rule of Criminal Procedure 3.691. See Fla. R. Gen. Prac. & Jud. Admin. 2.140(b)(1). We have jurisdiction. See art. V, § 2(a), Fla. Const. The Florida Bar’s Criminal Procedure Rules Committee (Committee) filed a report proposing an amendment to Florida Rule of Criminal Procedure 3.691 (Post-Trial Release). The Board of Governors of The Florida Bar unanimously approved the Committee’s proposal. The Committee and the Court published the proposal for comment in The Florida Bar News, but no comments were received.
Having considered the Committee’s report, the Court hereby adopts the amendment as proposed by the Committee. In subdivision (a) (When Authorized) of rule 3.691, the phrase “adjudicated guilty of” is replaced by the phrase “sentenced for.” This amendment clarifies that post-trial release is available to defendants who otherwise qualify for release where the adjudication was withheld.
Accordingly, we amend the Florida Rules of Criminal Procedure as reflected in the appendix to this opinion. New language is indicated by underscoring; deletions are indicated by struck-through type. The amendments shall become effective
July 1, 2022, at 12:01 a.m.
It is so ordered.
CANADY, C.J., and POLSTON, LABARGA, LAWSON, MUÑIZ, COURIEL, and GROSSHANS, JJ., concur. THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER