In Re: Amendments to Florida Rule of Criminal Procedure 3.192 , 229 So. 3d 1116 ( 2017 )

Supreme Court of Florida
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No. SC17-1522
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IN RE: AMENDMENTS TO FLORIDA
RULE OF CRIMINAL PROCEDURE 3.192.
[November 9, 2017]
PER CURIAM.
This matter is before the Court for consideration of the out-of-cycle report of
The Florida Bar’s Criminal Procedure Rules Committee seeking clarification of the
most recent amendments to Florida Rule of Criminal Procedure 3.192 (Motions for
Rehearing). See Fla. R. Jud. Admin. 2.140(e). We have jurisdiction. See art. V,
§ 2(a), Fla. Const.
Florida Rule of Criminal Procedure 3.192 pertains to motions for rehearing
in non-postconviction relief cases. The rule was first adopted in 2009 in case
number SC09-159 and became effective January 1, 2010. See In re Amends. to
Fla. R. Crim. Pro., 26 So. 3d 534 (Fla. 2009). Rule 3.192 has been amended twice
since, in two separate cases in 2015. See In re Amends. to Fla. R. Crim. Pro., 167
So. 3d 395 (Fla. 2015) (Case No. SC15-290; effective June 11, 2015); In re
Amends. to Fla. R. Crim. Pro., 188 So. 3d 764 (Fla. 2015) (Case No. SC15-177;
effective Jan. 1, 2016).
Inadvertently, the amendments that were adopted and made effective in Case
No. SC15-290 on June 11, 2015, were not included in rule 3.192 as subsequently
amended in Case No. SC15-177 and issued on October 29, 2015. To clarify the
2015 amendments to rule 3.192, the Court reiterates what language was deleted or
added to the rule, as discussed below.
In the first opinion amending rule 3.192 in 2015, In re Amendments to the
Florida Rules of Criminal Procedure, 167 So. 3d 395 (Fla. 2015), the rule was
amended as follows including the deleted language in struck-through text and the
new language as underlined:
RULE 3.192. MOTIONS FOR REHEARING
When an appeal by the state is authorized by Florida Rule of
Appellate Procedure 9.140, or sections 924.07 or 924.071, Florida
Statutes, the state may file a motion for rehearing within 10 days of an
order subject to appellate review. A motion for rehearing shall state
with particularity the points of law or fact that, in the opinion of the
state, the court has overlooked or misapprehended in its decision, and
shall not present issues not previously raised in the proceeding. A
response may be filed within 10 days of service of the motion. The
trial court’s order disposing of the motion for rehearing shall be filed
within 15 days of the response but not later than 40 days from the date
of the order of which rehearing is sought. If no order is filed within
40 days, the motion is deemed denied. A timely filed motion for
rehearing shall toll rendition of the order subject to appellate review
and the order shall be deemed rendered 40 days from the order of
which rehearing is sought, or upon the filing of a signed, written order
denying the motion for rehearing, whichever is earlier. This rule shall
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not apply to post-conviction proceedings pursuant to rule 3.800(a),
3.850, 3.851, or 3.853. Nothing in this rule precludes the trial court
from exercising its inherent authority to reconsider a ruling while the
court has jurisdiction of the case.
Id. at 397.
In the second opinion amending rule 3.192 in 2015, In re Amendments to the
Florida Rules of Criminal Procedure, 188 So. 3d 764 (Fla. 2015), the rule was
amended as follows including the deleted language in struck-through text and the
new language as underlined:
RULE 3.192. MOTIONS FOR REHEARING
When an appeal by the state is authorized by Florida Rule of
Appellate Procedure 9.140, or sections 924.07 or 924.071, Florida
Statutes, the state may file a motion for rehearing within 10 days of an
order subject to appellate review. A motion for rehearing shall state
with particularity the points of law or fact that, in the opinion of the
state, the court has overlooked or misapprehended in its decision, and
shall not present issues not previously raised in the proceeding. A
response may be filed within 10 days of service of the motion. The
trial court’s order disposing of the motion for rehearing shall be filed
within 15 days of the response but not later than 40 days from the date
of the order of which rehearing is sought. If no order is filed within
40 days, the motion is deemed denied. A timely filed motion for
rehearing shall toll rendition of the order subject to appellate review
and the order shall be deemed rendered 40 days from the order of
which rehearing is sought, or upon the filing of a written order
denying the motion for rehearing, whichever is earlier. This rule shall
not apply to post-convictionpostconviction proceedings pursuant to
rule 3.800(a), 3.801, 3.850, 3.851, or 3.853. Nothing in this rule
precludes the trial court from exercising its inherent authority to
reconsider a ruling while the court has jurisdiction of the case.
Id. at 771.
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As evident in reviewing the language of the latter rule amendment, the
amendments previously adopted were not included in the subsequent opinion.
Accordingly, based upon the amendments adopted by the Court in Case Nos.
SC15-290 and SC15-177, rule 3.192 should read as follows:
RULE 3.192. MOTIONS FOR REHEARING
When an appeal by the state is authorized by Florida Rule of
Appellate Procedure 9.140, or sections 924.07 or 924.071, Florida
Statutes, the state may file a motion for rehearing within 10 days of an
order subject to appellate review. A motion for rehearing shall state
with particularity the points of law or fact that, in the opinion of the
state, the court has overlooked or misapprehended in its decision, and
shall not present issues not previously raised in the proceeding. A
response may be filed within 10 days of service of the motion. The
trial court’s order disposing of the motion for rehearing shall be filed
within 15 days of the response but not later than 40 days from the date
of the order of which rehearing is sought. A timely filed motion for
rehearing shall toll rendition of the order subject to appellate review
and the order shall be deemed rendered upon the filing of a signed,
written order denying the motion for rehearing. This rule shall not
apply to postconviction proceedings pursuant to rule 3.800(a), 3.801,
3.850, 3.851, or 3.853. Nothing in this rule precludes the trial court
from exercising its inherent authority to reconsider a ruling while the
court has jurisdiction of the case.
Rule 3.192, as amended in the Court’s prior opinions, is shown fully engrossed in
the Appendix to this opinion.
It is so ordered.
LABARGA, C.J., and PARIENTE, LEWIS, QUINCE, CANADY, POLSTON,
and LAWSON, JJ., concur.
THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER THE
EFFECTIVE DATE OF THESE AMENDMENTS.
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Original Proceeding – Florida Rules of Criminal Procedure
Judge Jon Berkley Morgan, Chair, Criminal Procedure Rules Committee,
Kissimmee, Florida; and John F. Harkness, Jr., Executive Director, and Heather
Savage Telfer, Staff Liaison, The Florida Bar, Tallahassee, Florida,
for Petitioner
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APPENDIX
RULE 3.192. MOTIONS FOR REHEARING
When an appeal by the state is authorized by Florida Rule of Appellate
Procedure 9.140, or sections 924.07 or 924.071, Florida Statutes, the state may file
a motion for rehearing within 10 days of an order subject to appellate review. A
motion for rehearing shall state with particularity the points of law or fact that, in
the opinion of the state, the court has overlooked or misapprehended in its
decision, and shall not present issues not previously raised in the proceeding. A
response may be filed within 10 days of service of the motion. The trial court’s
order disposing of the motion for rehearing shall be filed within 15 days of the
response but not later than 40 days from the date of the order of which rehearing is
sought. A timely filed motion for rehearing shall toll rendition of the order subject
to appellate review and the order shall be deemed rendered upon the filing of a
signed, written order denying the motion for rehearing. This rule shall not apply to
postconviction proceedings pursuant to rule 3.800(a), 3.801, 3.850, 3.851, or
3.853. Nothing in this rule precludes the trial court from exercising its inherent
authority to reconsider a ruling while the court has jurisdiction of the case.
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