In re Amendment to Florida Rules of Criminal Procedure-Rule 3.133(b)(6) (Pretrial Release)

The Florida Bar Criminal Procedure Rules Committee (Committee) petitions this Court to amend Florida Rule of Criminal Procedure 3.133(b)(6), governing pretrial release. We have jurisdiction. Art. V, § 2(a), Fla. Const.

Present rule 3.133(b)(6) calls for the release on recognizance of detainees not charged by indictment or information within thirty days of arrest or, upon a showing of good cause by the state, within an additional ten days. In any event, a detainee cannot now remain in custody longer than forty days unless so charged.

Previously, the state attorneys of Florida petitioned this…