IN RE: AMENDMENTS TO THE FLORIDA RULES OF CRIMINAL PROCEDURE - 2025 LEGISLATION
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The Florida Supreme Court adopted amendments to the Florida Rules of Criminal Procedure (rules 3.130 and 3.132) in response to 2025 legislation modifying pretrial detention and release procedures. The Court made additional refinements following a comment period, clarifying references to pretrial detention and adding language addressing unauthorized aliens arrested for forcible felonies.
The Court amended rule 3.130(d) to add a reference to pretrial detention alongside pretrial release, amended rule 3.132(a) to include 'or an unauthorized alien arrested for a forcible felony' as individuals who must not be released before first appearance, and clarified that the burdens of proof in section 907.041(6)(c) and rule 3.132(f)(2) were not altered by the May 2025 opinion.
[1] Florida Rules of Criminal Procedure may be amended to reflect legislative changes to statutory provisions governing pretrial detention and release.
[2] Florida Rule of Criminal Procedure 3.130(d) may be amended to include a reference to pretrial detention, in addition to pretrial release.
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“In subdivision (d) of rule 3.130, we add a reference to pretrial detention, where formerly there was just a reference to pretrial release.”
Describes the substantive amendment to rule 3.130(d) to include both detention and release terminology.
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Join FLexlaw to unlock all legal intelligenceThe Florida Bar's Criminal Procedure Rules Committee filed a fast-track report proposing amendments to rules 3.130 and 3.132 to reflect statutory chan…
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PER CURIAM.
In response to recent legislation, The Florida Bar's Criminal Procedure Rules Committee filed a “fast-track” report proposing amendments to Florida Rules of Criminal Procedure 3.130 (First Appearance) and 3.132 (Pretrial Detention).¹ The amendments reflect changes to section 907.041, Florida Statutes (2024), made by chapter 2025-1, section 14, Laws of Florida, which went into effect on February 13, 2025. On May 22, 2025, we adopted the amendments and provided for a comment period after the opinion issued because the amendments were not published for comment prior to their adoption. The Court received one comment from the
1. We have jurisdiction. See art. V, § 2(a), Fla. Const.; see also Fla. R. Gen. Prac. & Jud. Admin. 2.140(e).
Criminal Court Steering Committee (CCSC), and the Committee filed a reply to the comment.
Based on the comment and the reply from the Committee, we make the following additional amendments to rules 3.130 and 3.132. In subdivision (d) of rule 3.130, we add a reference to pretrial detention, where formerly there was just a reference to pretrial release. In rule 3.132(a), we add “or an unauthorized alien arrested for a forcible felony” as an individual who must not be released from jail before first appearance. At the request of the CCSC, we also clarify that the burdens of proof found in section 907.041(6)(c) and in rule 3.132(f)(2) were not altered by our May 2025 opinion in this case.
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 become effective immediately.
It is so ordered.
MUÑIZ, C.J., and CANADY, LABARGA, COURIEL, GROSSHANS, FRANCIS, and SASSO, JJ., concur. - 2 -
THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER THE EFFECTIVE DATE OF THESE AMENDMENTS.