In Re Amendments to Florida Rules of Criminal Procedure 3.172 & 3.985 & Amendments to Florida Rule of Civil Procedure 1.985

This matter is before the Court for consideration of proposed amendments to Florida Rules of Criminal Procedure 3.172 and 3.985. We have jurisdiction. See art. V, § 2(a), Fla. Const.; Fla. R. Jud. Admin. 2.140(e); Fla. R. Jud. Admin. 2.140(f).

On February 18, 2009, the Criminal Procedure Rules Committee (Committee) filed an out-of-cycle report proposing amendments to rules 3.172, Acceptance of Guilty or Nolo Contendere Plea, and 3.985, Standard Jury Instructions.

The proposed amendment to rule 3.172 derived from this Court’s decision in Bolware v. State, 995 So.2d 268 (Fla.2008), where we…