Summary
amending Florida Rule of Criminal Procedure 3.992, relying solely on our constitutional grant of rule-making authority in article V, section 2 of the Florida Constitution
Summary of this case from In re Fla. Evidence CodeOpinion
No. SC07-1446.
January 10, 2008.
Honorable O.H. Eaton, Jr., Chair, Criminal Court Steering Committee, Eighteenth Judicial Circuit, Sanford, Florida, for petitioner.
The Supreme Court Criminal Court Steering Committee (Committee) has filed a petition proposing amendments to Florida Rule of Criminal Procedure 3.992. We have jurisdiction. See art. V, § 2(a), Fla. Const.
The Court, on April 19, 2007, amended rules 3.704 and 3.992 to conform the rules to chapter 2007-2, section 5, Laws of Florida (amending § 921.0024(1)(b), Fla. Stat.). See In re Amendments to Florida Rules of Criminal Procedure — Rule 3.704 Rule 3.992, 957 So.2d 1160 (Fla. 2007). The Committee has now proposed amendments to the Criminal Punishment Code Score-sheets, rules 3.992(a) and 3.992(b), to provide greater clarity in the use of the score-sheets.
In chapter 2007-2, section 5, Laws of Florida, as part of the Anti-Murder Act, effective March 12, 2007, the Legislature amended section 921.0024(1)(b), Florida Statutes, to mandate the assessment of community sanction violation points for violations occurring on or after March 12, 2007, of probation and community control by a violent felony offender of special concern as defined in section 948.06, Florida Statutes.
After considering the Committee's proposals and reviewing the relevant legislation, we adopt the proposed amendments as modified. The amendments shall become effective immediately upon release of this opinion.
The modifications are nonsubstantive and technical in nature.
It is so ordered.
LEWIS, C.J, and WELLS, ANSTEAD, PARIENTE, QUINCE, CANTERO, and BELL, JJ., concur.
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