IN RE AMENDMENT TO FLORIDA RULE OF APPELLATE PROCEDURE 9.140
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The Florida Supreme Court adopted an amendment to Florida Rule of Appellate Procedure 9.140 to conform the rule's terminology to statutory changes enacted in 2013 that replaced the term 'mentally retarded' with 'intellectually disabled' throughout the Florida Statutes. The amendment was procedural in nature and took effect immediately.
The Court adopted the proposed amendment to rule 9.140(c)(1)(I), replacing 'mentally retarded' with 'intellectually disabled' to align the appellate procedure rule with the statutory terminology changes enacted in 2013.
[1] The Florida Supreme Court may amend the Florida Rules of Appellate Procedure in response to statutory changes.
[2] Amendments to the Florida Rules of Appellate Procedure are effective immediately upon release of the opinion unless otherwise specified.
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Join FLexlaw to unlock all legal intelligence“chapter 2013-162, Laws of Florida, which became effective July 1, 2013, substituted the terms "intellectual disability" and "intellectually disabled" for the terms "mental retardation" and "mentally retarded" throughout the Florida Statutes.”
Explains the statutory basis for the proposed rule amendment
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Join FLexlaw to unlock all legal intelligenceChapter 2013-162, Laws of Florida, effective July 1, 2013, substituted the terms 'intellectual disability' and 'intellectually disabled' for the terms…
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The Florida Bar’s Appellate Court Rules Committee (Committee) has filed a “fast-track” out-of-cycle report proposing an amendment to Florida Rule of Appellate Procedure 9.140 (Appeal Proceedings in Criminal Cases) in response to recent statutory changes. See Fla. R. Jud. Admin. 2.140(e). We have jurisdiction.1
According to the report, chapter 2013-162, Laws of Florida, which became effective July 1, 2013, substituted the terms “intellectual disability” and “intellectually disabled” for the terms “mental retardation” and “mentally retarded” throughout the Florida Statutes. The Committee proposes amending subdivision (c)(l)(I) (Appeals by the State; Appeals Permitted) of rule 9.140 to conform to the statutory changes by replacing the term “mentally retarded” with the term “intellectually disabled.” The Board of Governors of The Florida Bar unanimously approved the proposal.
After considering the proposed amendment and reviewing the relevant legislation, we amend the Florida Rules of Appellate Procedure as reflected in the appendix to this opinion. New language is indicated by underscoring; deletions are indicated by struck-through type. The amendment shall take effect immediately upon the release of this opinion. Because the amendment was not published for comment prior to its adoption, interested persons shall have sixty days from the date of this opinion in which to file comments with the Court.2
It is so ordered.
*54POLSTON, C.J., and PARIENTE, LEWIS, QUINCE, CANADY, LABARGA, and PERRY, JJ., concur.
APPENDIX
RULE 9.140. APPEAL PROCEEDINGS IN CRIMINAL CASES
(a)-(b) [No Change]
(c) Appeals by the State.
(1) Appeals Permitted. The state may appeal an order
(A)-(H) [No Change]
(I) finding a defendant mentally retarded intellectually disabled under Florida Rule of Criminal Procedure 3.203;
(J)-(P) [No Change]
(2) — (3) [No Change]
(d)-(i) [No Change]
Committee Notes
[No Change]
Court Commentary
[No Change]