Amendments to Florida Rule of Criminal Procedure 3.853(d)(1)(A) (Postconviction DNA Testing)

The Florida Bar Criminal Procedure Rules Committee has filed an emergency petition to amend Florida Rule of Criminal Procedure 3.853, Motion for Postconviction DNA Testing. We have jurisdiction. See art. V, § 2(a), Fla. Const.; Fla. R. Jud. Admin. 2.130(e).

BACKGROUND

The history of rule 3.853 is succinctly set forth as follows in Amendment to Florida Rules of Criminal Procedure Creating Rule S.853 (DNA Testing), 807 So.2d 633, 633-34 (Fla.2001) (hereinafter cited as Amendment):

In February 2001, the Criminal Rules Committee filed an emergency petition asking this Court to adopt new rule 3.853…