In Re: Amendments to Florida Rule of Criminal Procedure 3.802

Supreme Court of Florida
____________

No. SC2024-1171
____________

IN RE: AMENDMENTS TO FLORIDA RULE OF CRIMINAL
PROCEDURE 3.802.

February 20, 2025

PER CURIAM.

The Florida Bar’s Criminal Procedure Rules Committee filed a

report proposing amendments to Florida Rule of Criminal Procedure

3.802 (Review of Sentences for Juvenile Offenders). 1 The

Committee and The Florida Bar’s Board of Governors unanimously

approved the proposed amendments. The Court published the

proposal, and no comments were received.

We amend rule 3.802 as proposed by the Committee with a

slight modification. The language we adopt as new subdivision (e)

is modeled after the rehearing language found in rule 3.850(j) and

clarifies that rehearing is authorized under rule 3.802. However,

1. We have jurisdiction. See art. V, § 2(a), Fla. Const.; see
also Fla. R. Gen. Prac. & Jud. Admin. 2.140(b)(1).
we decline to adopt the last sentence of the Committee’s proposed

new subdivision (e) because we have removed similar language in

other rules. E.g., In re Amends. to Fla. Rules of Crim. Proc., 167 So.

3d 395, 396 (Fla. 2015) (removing the “deemed denied” language

from rules 3.192, 3.800, and 3.850 to resolve any conflict in the

rules that could cause confusion as to rendition). Additionally,

editorial changes are made throughout the rule in accord with In re

Guidelines for Rules Submissions, Florida Administrative Order No.

AOSC22-78 (Fla. Oct. 24, 2022).

The Court hereby amends the Florida Rules of Criminal

Procedure as reflected in the appendix to this opinion. New

language is indicated by underscoring; deletions are indicated by

struck-through type. The amendments to the rule shall become

effective April 1, 2025, at 12:01 a.m.

It is so ordered.

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

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

Original Proceeding – Florida Rules of Criminal Procedure

-2-
Hon. Laura E. Ward, Chair, Criminal Procedure Rules Committee,
Tampa, Florida, Joshua E. Doyle, Executive Director, The Florida
Bar, Tallahassee, Florida, and Michael Hodges, Staff Liaison, The
Florida Bar, Tallahassee, Florida,

for Petitioner

-3-
APPENDIX

RULE 3.802. REVIEW OF SENTENCES FOR JUVENILE
OFFENDERS

(a) Application. A juvenile offender, as defined in section
921.1402(1), Florida Statutes, may seek a modification of sentence
pursuant tounder section 921.1402, Florida Statutes, by
submitting an application to the trial court requesting a sentence
review hearing.

(b) Time for Filing. An application for sentence review may
not be filed until the juvenile offender becomes eligible pursuant
tounder section 921.1402(2), Florida Statutes. A juvenile offender
becomes eligible:

(1) after 25 years, if the juvenile offender is sentenced
to life under section 775.082(1)(b)1., Florida Statutes, or to a term
of more than 25 years under sections 775.082(3)(a)5.a. or
775.082(3)(b)2.a., Florida Statutes; or

(2) – (3) [No Change]

(c) [No Change]

(d) Procedure; Evidentiary Hearing; Disposition. UponOn
application from an eligible juvenile offender, the trial court
shallmust hold a sentence review hearing to determine whether the
juvenile offender’s sentence should be modified. If the application,
files, and records in the case conclusively show that the applicant
does not qualify as a juvenile offender under section 921.1402(1),
Florida Statutes, or that the application is premature, the court
may deny the application without a hearing, and shallmust attach
such documents to the order. If an application is denied as
premature, the denial shallmust be without prejudice.

(1) At the sentence review hearing, the court shallmust
consider the following factors when determining if it is appropriate
to modify the juvenile offender’s sentence:

-4-
(A) – (J) [No Change]

(2) If the court determines at a sentence review hearing
that the juvenile offender has been rehabilitated and is reasonably
believed to be fit to reenter society, the court shallmust modify the
sentence and impose a term of probation of at least 5 years. If the
court determines that the juvenile offender has not demonstrated
rehabilitation, or is not fit to reenter society, the court shallmust
issue a written order stating the reasons why the sentence is not
being modified.

(e) Rehearing. Any party may file a motion for rehearing of
any order addressing a motion under this rule within 15 days of the
date of service of the order. A motion for rehearing is not required to
preserve any issue for review in the appellate court. A motion for
rehearing must be based on a good faith belief that the court has
overlooked a previously argued issue of fact or law or an argument
based on a legal precedent or statute not available prior to the
court’s ruling. A response may be filed within 10 days of service of
the motion. The trial court’s order disposing of the motion for
rehearing must be filed within 15 days of the response but not later
than 40 days from the date of the order of which rehearing is
sought.

(ef) Successive Applications. A second or successive
application shallmust be denied without a hearing, except under
the following circumstances:

(1) [No Change]

(2) pursuant tounder section 921.1402(2)(d), Florida
Statutes, the initial application was submitted by a juvenile
offender sentenced to a term of 20 years or more under section
775.082(3)(c), Florida Statutes, and more than 10 years has elapsed
since the initial sentence review hearing.

(fg) Jurisdiction. The sentencing court shall retains original
jurisdiction for the duration of the sentence for the purpose of a
sentence review hearing.

-5-
(gh) Right to Counsel. A juvenile offender who is eligible for a
sentence review hearing under section 921.1402(5), Florida
Statutes, is entitled to be represented by counsel, and the court
shallmust appoint a public defender to represent the juvenile
offender if the juvenile offender cannot afford an attorney.

-6-