IN RE: AMENDMENTS TO FLORIDA RULE OF APPELLATE PROCEDURE 9.143
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The Florida Supreme Court adopted new Appellate Rule 9.143 to address victims' rights in criminal and juvenile delinquency proceedings following the enactment of Marsy's Law. The rule defines victims, specifies what records include victim filings, and establishes procedures for victims to assert constitutional rights.
The Court adopted new Appellate Rule 9.143 with modifications, establishing that: (a) a victim is defined as set forth in article I, section 16(e) of the Florida Constitution; (b) the appellate record includes victim filings made part of the court file; and (c) a victim may file a motion asserting rights under the constitutional amendment in the pending court.
[1] A new Florida Rule of Appellate Procedure 9.143 has been adopted to address victims' rights in criminal and juvenile delinquency proceedings.
[2] The definition of "victim" for the purposes of Florida Rule of Appellate Procedure 9.143 is set forth in article I, section 16(e) of the Florida Constitution.
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Join FLexlaw to unlock all legal intelligence“A victim seeking to invoke a right under article I, section 16, of the Florida Constitution may file a motion in the court in which the matter is pending.”
Establishes the procedural mechanism by which victims assert their constitutional rights in appellate proceedings.
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Join FLexlaw to unlock all legal intelligenceThe Florida Bar's Appellate Court Rules Committee was asked to propose amendments to the Florida Rules of Appellate Procedure in light of Marsy's Law,…
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PER CURIAM.
This matter is before the Court for consideration of proposed amendments to the Florida Rules of Appellate Procedure (Rules).
See Fla. R. Gen. Prac. & Jud. Admin. 2.140(f)(1). We have jurisdiction. 1 We asked The Florida Bar’s Appellate Court Rules Committee (Committee) to propose amendments to the Rules in light of the victims’ rights constitutional amendment known as Marsy’s Law.
See art. I, § 16(b), Fla. Const. The Committee filed a report proposing new Florida Rule of Appellate Procedure 9.143 (Crime Victims). We published the proposal for comment and received two
1. See art. V, § 2(a), Fla. Const. comments. The Committee revised its proposal to address those comments, and then the Committee and The Florida Bar Board of Governors unanimously approved the revised rule proposal.
After reviewing the initial proposal, considering the comments and response filed, and having had the benefit of oral argument, we adopt new rule 9.143, with certain modifications.
First, new subdivision (a) (Victim) defines “victim” for the purposes of this rule as set forth in article 1, section 16(e) of the Florida Constitution.
Next, new subdivision (b) (Record) defines the record on appeal, specifying that it includes “any filing by a victim or other authorized filer on the victim’s behalf made part of the court file in accordance with Florida Rule of General Practice and Judicial Administration 2.420(b)(1)(A).” Additionally, we adopt new subdivision (c) with modifications.
First, we revise the title of the subdivision from “Victim Participation” to “Assertion of Victim’s Rights.” Also, we modify the subdivision’s language to provide that “[a] victim seeking to invoke a right under article I, section 16, of the Florida Constitution may file a motion in the court in which the matter is pending.” -2-Accordingly, the Florida Rules of Appellate Procedure are amended as reflected in the appendix to this opinion. New language is indicated by underscoring. The amendments shall take effect immediately upon release of this opinion.
It is so ordered.
CANADY, C.J., and POLSTON, LABARGA, LAWSON, MUÑIZ, COURIEL, and GROSSHANS, JJ., concur. THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER