In Re: Amendments to Florida Rule of Criminal Procedure 3.720 and Florida Rule of Juvenile Procedure 8.115 & In Re: Amendments to Florida Rule of Criminal Procedure 3.720

Supreme Court of Florida
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No. SC21-1680
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IN RE: AMENDMENTS TO FLORIDA RULE OF CRIMINAL
PROCEDURE 3.720 AND FLORIDA RULE OF JUVENILE
PROCEDURE 8.115.
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No. SC22-214
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IN RE: AMENDMENTS TO FLORIDA RULE OF CRIMINAL
PROCEDURE 3.720.
July 14, 2022
PER CURIAM.
This matter is before the Court for consideration of proposed
amendments to the Florida Rules of Criminal Procedure and the
Florida Rules of Juvenile Procedure. See Fla. R. Gen. Prac. & Jud.
Admin. 2.140(e) - (f). We have jurisdiction. See art. V, § 2(a), Fla.
Const.
In case number SC21-1680, The Florida Bar’s Criminal
Procedure Rules Committee (CrimPRC) and Juvenile Court Rules
Committee (JCRC) filed a joint report proposing amendments to
Florida Rule of Criminal Procedure 3.720 (Sentencing Hearing) and
Florida Rule of Juvenile Procedure 8.115 (Disposition Hearing). The
Board of Governors of The Florida Bar unanimously approved the
joint proposal. The Court published the proposal for comment in
The Florida Bar News, one comment was received, and the
committees filed a joint response.
In case number SC22-214, the CrimPRC filed a report
proposing additional amendments to rule 3.720 that are unrelated
to case number SC21-1680. The Board of Governors of The Florida
Bar unanimously approved the Committee’s proposal. The
CrimPRC and the Court published the proposal in The Florida Bar
News, and no comments were received. To avoid confusion
associated with amending the same rule twice in close succession,
we consolidate these two cases.
Having considered both reports, the comment, and the joint
response, the Court hereby adopts the amendments as proposed by
the committees in both cases. The more significant amendments
are discussed below.
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First, as to case number SC21-1680, new subdivision (e) is
added to rule 3.720 and new subdivision (f) is added to rule 8.115.
The new subdivisions mirror each other and direct the court to
determine restitution at the sentencing or disposition hearing if
applicable, dictate that the amount and method of determining
restitution is as provided by law, and designate who should receive
a copy of the restitution order.
Next, as to case number SC22-214, the language of rule
3.720(d) is amended to clarify that the court must provide notice
and a hearing when it assesses fees and costs against an indigent
defendant who received the assistance of an appointed attorney
only when the amount exceeds the statutory minimum. This
amendment is intended to align the rule with section 938.29,
Florida Statutes (2021). See State v. J.A.R., 318 So. 3d 1256 (Fla.
2021) (finding that “the trial court was not required to provide
notice and hearing” to a defendant when it imposed the statutory
minimum fee under section 938.29(1)(a)).
Accordingly, we amend the Florida Rules of Criminal
Procedure and the Florida Rules of Juvenile Procedure as reflected
in the appendix to this opinion. New language is indicated by
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underscoring; deletions are indicated by struck-through type. The
amendments shall become effective immediately.
It is so ordered.
MUÑIZ, C.J., and CANADY, POLSTON, LABARGA, LAWSON,
COURIEL, and GROSSHANS, JJ., concur.
Original Proceeding – Florida Rules of Criminal Procedure and
Florida Rules of Juvenile Procedure
THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER
THE EFFECTIVE DATE OF THESE AMENDMENTS.
Cynthia Cohen, Chair, Criminal Procedure Rules Committee, West
Palm Beach, Florida, Alan S. Apte, Past Chair, Criminal Procedure
Rules Committee, Orlando, Florida, Stephanie C. Zimmerman,
Chair, Juvenile Court Rules Committee, Bradenton, Florida,
Candice Kaye Brower, Past Chair, Juvenile Court Rules Committee,
Gainesville, Florida, Joshua E. Doyle, Executive Director, and
Mikalla Andies Davis, Staff Liaison, The Florida Bar, Tallahassee,
Florida,
for Petitioner
Anthony C. Musto on behalf of the Public Interest Law Section of
The Florida Bar, Hallandale Beach, Florida,
Responding with comments
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APPENDIX
RULE 3.720. SENTENCING HEARING
As soon as practicable after the determination of guilt and
after the examination of any presentence reports, the sentencing
court shall order a sentencing hearing. At the hearing:
(a) – (c) [No Change]
(d)(1) If the accused was represented by a public defender or
other court appointed counsel, the court shall notify the accused of
the imposition of a lienThe court must address imposition of fees
and costs pursuant to section 938.29, Florida Statutes. The amount
of the lien shall be given and a jJudgment must be entered against
the defendant in thatthe amount of such fees and costs
imposedagainst the accused. The court must give notice of, and
afford the defendant an opportunity to contest, any amounts
exceeding the statutory minimum.Notice of the accused’s right to a
hearing to contest the amount of the lien shall be given at the time
of sentence.
(2) If the accuseddefendant requests a hearing to contest the
amount of the lienfees and costs exceeding the statutory minimum,
the court shallmust set a hearing date within 30 days of the date of
sentencing.
(e) At the sentencing hearing, the court must make a
determination if restitution is applicable. The amount and method
of restitution is to be determined as provided by law. Copies of the
restitution order shall be provided to the defendant, attorney for the
defendant, state attorney, and victim.
Committee Notes
[No Change]
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RULE 8.115. DISPOSITION HEARING
(a) – (e) [No Change]
(f) Restitution. At the disposition hearing, the court must
make a determination if restitution is applicable. The amount and
method of restitution is to be determined as provided by law. Copies
of the restitution order shall be provided to the child, parent or
guardian of the child, attorney for the child, state attorney, victim,
and department representative.
Committee Notes
[No Change]
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