In Re: Amendments to the Florida Rules of Criminal Procedure - 2025 Legislation

Supreme Court of Florida
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No. SC2025-0530
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IN RE: AMENDMENTS TO THE FLORIDA RULES OF CRIMINAL
PROCEDURE - 2025 LEGISLATION.

November 26, 2025

PER CURIAM.

In response to recent legislation, The Florida Bar’s Criminal

Procedure Rules Committee filed a “fast-track” report proposing

amendments to Florida Rules of Criminal Procedure 3.130 (First

Appearance) and 3.132 (Pretrial Detention). 1 The amendments

reflect changes to section 907.041, Florida Statutes (2024), made by

chapter 2025-1, section 14, Laws of Florida, which went into effect

on February 13, 2025. On May 22, 2025, we adopted the

amendments and provided for a comment period after the opinion

issued because the amendments were not published for comment

prior to their adoption. The Court received one comment from the

1. We have jurisdiction. See art. V, § 2(a), Fla. Const.; see
also Fla. R. Gen. Prac. & Jud. Admin. 2.140(e).
Criminal Court Steering Committee (CCSC), and the Committee

filed a reply to the comment.

Based on the comment and the reply from the Committee, we

make the following additional amendments to rules 3.130 and

3.132. In subdivision (d) of rule 3.130, we add a reference to

pretrial detention, where formerly there was just a reference to

pretrial release. In rule 3.132(a), we add “or an unauthorized alien

arrested for a forcible felony” as an individual who must not be

released from jail before first appearance. At the request of the

CCSC, we also clarify that the burdens of proof found in section

907.041(6)(c) and in rule 3.132(f)(2) were not altered by our May

2025 opinion in this case.

Accordingly, the Florida Rules of Criminal Procedure are

amended as reflected in the appendix to this opinion. New

language is indicated by underscoring; deletions are indicated by

struck-through type. The amendments shall become effective

immediately.

It is so ordered.

MUÑIZ, C.J., and CANADY, LABARGA, COURIEL, GROSSHANS,
FRANCIS, and SASSO, JJ., concur.

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THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER
THE EFFECTIVE DATE OF THESE AMENDMENTS.

Original Proceeding – Florida Rules of Criminal Procedure

Katelyn K. Johnston, Chair, Criminal Procedure Rules Committee,
Jacksonville, Florida, Joshua E. Doyle, Executive Director, The
Florida Bar, Tallahassee, Florida, and Kelly Noel Smith, Attorney
Liaison, The Florida Bar, Tallahassee, Florida,

for Petitioner

Judge Joseph A. Bulone, Chair, Criminal Court Steering
Committee, Clearwater, Florida, and Bart Schneider, Staff Liaison,
Office of the State Courts Administrator, Tallahassee, Florida,

Responding with comments

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APPENDIX

RULE 3.130. FIRST APPEARANCE

(a) – (c) [No Change]

(d) Pretrial Detention or Release. The judge must
proceed to determine pretrial detention or conditions of release
under rule 3.1312 or rule 3.1321. For a defendant who has
been arrested for violation of his or her probation or
community control by committing a new violation of law, the
judge:

(1) – (2) [No Change]

Committee Notes

[No Change]

RULE 3.132. PRETRIAL DETENTION

(a) First Appearance Required for Dangerous Crimes.
A person arrested for a dangerous crime listed in section
907.041, Florida Statutes, or an unauthorized alien arrested
for a forcible felony, must not be released from jail before his
or her first appearance.

(b) – (m) [No Change]

Criminal Court Steering Committee Note

[No Change]

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