IN RE AMENDMENTS TO FLORIDA RULE OF CRIMINAL PROCEDURE 3.992(A)-CRIMINAL PUNISHMENT CODE SCORESHEET

Fla. | 2011-09-28

No. SC11-1381

CANADY, C.J., and PARIENTE, LEWIS, QUINCE, POLSTON, LABARGA, and PERRY, JJ., concur.

73 So. 3d 202 Florida Supreme Court (2011) Positive Treatment

Cited by 2 cases

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Synopsis

The Florida Supreme Court adopted proposed amendments to Florida Rule of Criminal Procedure 3.992(a) regarding criminal punishment code scoresheets. The amendments were adopted in response to recent legislation (chapter 2011-33) that increased the total sentence points threshold for placement in treatment-based drug court programs from 52 to 60 points.

Holding

The Court adopted the proposed amendments to rule 3.992(a) as recommended by the Steering Committee to reflect the legislative increase in sentence points from fifty-two or less to sixty or less for drug court program eligibility.

Headnotes

[1] The Florida Supreme Court has jurisdiction to amend Florida Rules of Criminal Procedure.

[2] The Florida Supreme Court may amend rules of criminal procedure based on legislative changes and recommendations from the Florida Department of Corrections.

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Key Quotes

“The Supreme Court Criminal Court Steering Committee (Steering Committee) proposes amendments to rule 3.992(a) in light of recent legislation and on recommendation of the Florida Department of Corrections (DOC). That legislation, chapter 2011-33, sections 2 and 3, Laws of Florida, increases the total sentence points from fifty-two or less to sixty or less, for which the court may place a defendant into a treatment-based drug court program.”
Establishes the basis for the proposed amendments and the specific legislative change being implemented

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Facts & Procedural History

The Supreme Court Criminal Court Steering Committee proposed amendments to rule 3.992(a) based on recent legislation and recommendations from the Flor…

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Opinion of the Court

PER CURIAM.

This matter is before the Court for consideration of proposed amendments to Florida Rule of Criminal Procedure 3.992(a). We have jurisdiction. See art. V, § 2(a), Fla. Const.

The Supreme Court Criminal Court Steering Committee (Steering Committee) proposes amendments to rule 3.992(a) in light of recent legislation and on recommendation of the Florida Department of Corrections (DOC). That legislation, chapter 2011-33, sections 2 and 3, Laws of Florida, increases the total sentence points from fifty-two or less to sixty or less, for which the court may place a defendant into a treatment-based drug court program. After considering the Steering Commit*203tee’s proposals and reviewing the relevant legislation, we adopt the proposed amendments to rule 3.992(a), as reflected in the appendix to this opinion. New language is indicated by underscoring, and deleted language is indicated by struck-through type. The amendments shall become effective immediately upon release of this opinion. Because the amendments were not published for comment prior to their adoption, interested persons shall have sixty days from the date of this opinion in which to file comments with the Court.1

It is so ordered.

CANADY, C.J., and PARIENTE, LEWIS, QUINCE, POLSTON, LABARGA, and PERRY, JJ., concur.

*204APPENDIX

*205

. An original and nine paper copies of all comments must be filed with the Court on or before November 28, 2011, with a certificate of service verifying that a copy has been served on the Committee Chair, Honorable Kevin Ernas, c/o Bart Schneider, Office of the General Counsel, 500 S. Duval Street, Tallahassee, Florida 32399-1925, as well as a separate request for oral argument if the person filing the comment wishes to participate in oral argument, which may be scheduled in this case. The Committee Chair has until December 19, 2011, to file a response to any comments filed with the Court. Electronic copies of all comments and responses must also be filed in accordance with the Court's administrative order in In re Mandatory Submission of Electronic Copies of Documents, Fla. Admin. Order No. AOSC04-84 (Sept. 13, 2004).

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Cited By

JP Morgan Chase Bank v. Jurney, 86 So. 3d 1182 (Fla. 2d DCA 2012)

…avoid delay. See, e.g., In re Amendments to Fla. Supreme Court Approved Family Law Forms, 84 So. 3d 274 (Fla.2012) (opinion issued on March 15, 2012, with amendments effective immediately upon release); In re Amendments to Fla. R.Crim. P. 3.992(A), 73 So. 3d 202 (Fla.2011) (opinion issued September 28, 2011, with amendments effective immediately upon release). Our research on Florida opinions issued with the word "amendment” in the title and the phrase “immediately upon release” in the body indicates thirty…

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