Opinion
July 18, 1974.
A Case of Original Jurisdiction.
Certain scrivener's errors having been noted in the form for Notice to Appear as set forth in Section (j) of Criminal Procedure Rule 3.125 as adopted at 281 So.2d 204, 208, we hereby amend the same sua sponte, pursuant to our constitutional rule-making responsibility under Art. V, § 2, Fla. Const., as set forth below, effective immediately.
It is so ordered.
ADKINS, C.J., and ERVIN, BOYD, McCAIN and DEKLE, JJ., concur.
Form of Notice to Appear.
APPENDIX AMENDMENTS TO RULE 3.125(j) OF THE FLORIDA RULES OF CRIMINAL PROCEDURE RULE 3.125(j) (j) The notice to appear shall be in substantially the following form: NOTICE TO APPEAR TICKET # _________________________ DATE ________________________ NAME _____________________________ ADDRESS _____________________ DATE OF BIRTH ____________________ OFFENSE(S): 1. ___________________ 3. ________________ (Statute, MO or CO) 2. ___________________ 4. ________________ COURT ____________________________ ADDRESS ______________________ ______________________ ______________________ OTHER PERSON(S) CHARGED ______________________________ (Codefendants to ______________________________ the Case) ______________________________ ______________________________ ARRESTING OFFICER ___________________________________ Signature DEPARTMENT # _____________________________________ I.D. # ________________________________ Mandatory appearance in court a.m. on ____________________________ 19__ at _______________ p.m. (Month) (Day) You need not appear in court, but must comply with instructions supplemental. I hereby agree to appear at the time and place designated above to answer to the offense charged or to pay the fine prescribed. ___________________________________ Signature WAIVER INFORMATION If you desire to plead guilty or nolo contendere and you need not appear in court as indicated on the face of this notice, you may present this notice at: Clerk of the Court's Office Judge's Office Other Location: _____________________ any time from ________________________, Date ____________ to ____________________, _________, and pay a fine of Hour Date Hour ________________ dollars in Cash; Check; other; or mail ________________ dollars in Cash; Check; other to _______________________________ Name _______________________________ Address _______________________________ The waiver below must be completed and attached. Read carefully. Your failure to answer this summons in the manner prescribed will result in a warrant being issued on a separate and additional charge. In consideration of my not appearing in court, I the undersigned, do hereby enter my appearance on the affidavit for the offense charged on the other side of this notice and waive the reading of the affidavit in the above named cause and the right to be present at the trial of said action. I hereby enter the plea of Guilty Nolo Contendere, and waive the right to prosecute, appeal, or error proceedings. I understand the nature of charge against me; I understand my right to have counsel and I waive this right and the right to a continuance. I waive my right to trial before a judge or jury. I plead Guilty or Nolo contendere to the charge being fully aware that my signature to this plea will have the same effect as a judgment of this court. Total Fine and Cost ______________________ Defendant ________________________________ Signature Address __________________________________ __________________________________