RULES OF CRIMINAL PROCEDURE--AMENDMENT--PRETRIAL RELEASE. The Court adopted proposed amendments to Florida Rule of Criminal Procedure 3.131 (Pretrial Release). Amendments include the addition of new subdivisions providing that "a person may be released before first appearance based on the bond schedule in section 903.011(5), unless they meet criteria articulated in section 903.011(6)," and providing a list of nonmonetary conditions of release. Additionally, changes are made throughout the rules to conform with In re Guidelines for Rules Submissions, Florida Administrative Order No. AOSC22-78 (Fla. Oct. 24, 2022).
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RULES OF CRIMINAL PROCEDURE--AMENDMENT--POST CONVICTION RELIEF. Florida Rules of Criminal Procedure 3.850 (Motion to Vacate; Set Aside; or Correct Sentence) and 3.853 (Motion for Postconviction DNA Testing) were amended as proposed by the Bar's Criminal Procedure Rules Committee. Some of the more significant amendments concern the contents of a motion alleging claims of ineffective assistance of counsel based upon counsel's failure to call a witness. The Court also amended rule 3.853(f) (Appeal) "to clarify that the defendant may appeal within 30 days from the date the order on the motion is rendered."
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