Introduction

This per curiam opinion implements a set of “fast-track” amendments to the Florida Rules of Criminal Procedure to conform to recently enacted legislation. Acting under its constitutional rulemaking authority (art. V, § 2(a), Fla. Const.) and the expedited procedure of Florida Rule of General Practice and Judicial Administration 2.140(e), the Court adopts proposed changes submitted by The Florida Bar’s Criminal Procedure Rules Committee.

The amendments affect five core rules:

• Rule 3.131 (Pretrial Release): Establishes mandatory revocation of pretrial release when a defendant tampers with an electronic monitoring device in violation of section 843.23, Florida Statutes.
• Rule 3.704 (The Criminal Punishment Code): Incorporates new sentencing multipliers for specified offenses—Aggravated Animal Cruelty and Fleeing or Attempting to Elude—into the general rules and definitions of the CPC.
• Rules 3.112, 3.202, and 3.203 (Capital Cases): Broadens terminology from “first-degree murder” to “a crime punishable by death,” aligning procedural rules across capital-case stages and ensuring terminology tracks Florida law.

Key legislative triggers include:

• Chapter 2025-78, § 1, Laws of Florida: Adds subsection (5) to section 843.23 (effective October 1, 2025) mandating revocation of pretrial release for electronic monitoring tampering committed while on pretrial release.
• Chapter 2025-102, § 3, Laws of Florida: Creates a 1.25 sentencing multiplier in section 921.0024(1) for Aggravated Animal Cruelty under section 828.12(2) (effective July 1, 2025).
• Chapter 2025-75, § 3, Laws of Florida: Creates a 1.5 sentencing multiplier in section 921.0024(1) for violations of section 316.1935 (Fleeing or Attempting to Elude; Aggravated Fleeing or Eluding) where the offender’s prior record includes one or more such violations (effective October 1, 2025).

The Rules Committee voted unanimously (31-0-0) for the amendments to rules 3.112, 3.202, 3.203, and 3.704, and by a substantial margin (27-3-1) for the amendment to rule 3.131. The proposal was not published for comment before filing. The Court adopts all changes as proposed.

Summary of the Opinion

• Rule 3.131 (Pretrial Release): New subdivision (f)(2) requires courts to revoke pretrial release when a person violates section 843.23 (tampering with an electronic monitoring device) while on pretrial release. This aligns the rule with the statutory mandate in section 843.23(5).
• Rule 3.704 (Criminal Punishment Code): The Court adds new CPC multipliers to the general rules and definitions:
  • 1.25 multiplier when the primary offense is Aggravated Animal Cruelty under section 828.12(2) and it involved knowing and intentional torture or torment causing injury, mutilation, or death.
  • 1.5 multiplier when the primary offense is a violation of section 316.1935 and the offender’s prior record includes one or more prior section 316.1935 violations.
  The Court notes corresponding scoresheet changes to rule 3.992 were adopted separately on October 23, 2025 (No. SC2025-1036).
• Rules 3.112, 3.202, and 3.203 (Capital Cases): Terminology is harmonized to “a crime punishable by death,” replacing references limited to “first-degree murder” or “capital murder.” This ensures the rules track the scope of any death-eligible offense under Florida law unless the State waives the death penalty on the record.
• Effectiveness and Comments: Amendments are effective immediately. Interested persons have 75 days (until January 20, 2026) to file comments; the Committee Chair may respond by February 10, 2026. A motion for rehearing does not alter the effective date.

Analysis

Precedents and Authorities Cited

• Constitutional Rulemaking Authority: Article V, section 2(a), Florida Constitution, authorizes the Court to adopt rules for practice and procedure.
• Fast-Track Mechanism: Florida Rule of General Practice and Judicial Administration 2.140(e) permits expedited adoption of rule amendments necessitated by recent legislation without prior publication, with post-adoption comment.
• Related Rule Action: In re Amendments to Florida Rule of Criminal Procedure 3.992, No. SC2025-1036 (Fla. Oct. 23, 2025) (separate adoption of CPC scoresheet modifications consistent with the new multipliers).
• Legislative Changes Incorporated:
  • Section 843.23(5), Florida Statutes (ch. 2025-78, § 1): Mandatory revocation when electronic monitoring tampering occurs during pretrial release.
  • Section 921.0024(1), Florida Statutes—Multipliers (ch. 2025-102, § 3 and ch. 2025-75, § 3): New 1.25 and 1.5 multipliers.
  • Substantive offense statutes: sections 828.12(2) (Aggravated Animal Cruelty) and 316.1935 (Fleeing/Eluding).

Legal Reasoning

The Court’s reasoning is straightforward: these are conformity amendments that operationalize legislative changes within Florida’s procedural framework, while ensuring consistency and clarity across capital-case procedures.

• Separation of Substantive Law and Procedure: The Legislature enacts substantive criminal law (including penalties), and the Court promulgates procedural rules. The amendments align the procedural rules with statutory mandates—e.g., making revocation of pretrial release mandatory when the new statutory condition is met (section 843.23(5)) and embedding new sentencing multipliers in the CPC framework (rule 3.704).
• Harmonization and Avoidance of Mismatch: The shift from “first-degree murder” to “any crime punishable by death” harmonizes rules addressing capital counsel qualifications (rule 3.112), penalty-phase expert procedures (rule 3.202), and intellectual disability determinations (rule 3.203) with the scope of Florida law on death-eligible offenses. This future-proofs the rules against legislative changes to death-eligible crimes and eliminates ambiguity when the State waives death on the record.
• Administrative Necessity and Timeliness: The Court uses rule 2.140(e) to implement changes promptly so that courts and practitioners have clear, authoritative procedures in place concurrent with statutory effective dates. The immediate effectiveness, followed by an open comment period, reflects the balance between speed and stakeholder input.

Impact and Practical Consequences

1) Pretrial Release: Mandatory Revocation for Electronic Monitoring Tampering

• New baseline: Under rule 3.131(f)(2), courts “must revoke” pretrial release if a person commits a violation of section 843.23 while on pretrial release. This removes judicial discretion once the predicate violation is established.
• Triggering standard: Although the rule uses “commits,” it does not specify the evidentiary threshold. In practice, revocation for new crimes while on pretrial release is commonly based on a probable-cause determination (see section 903.0471, referenced in rule 3.131(f)(1)). Courts should make on-the-record findings to support revocation under the statute’s terms.
• Immediate practice effects:
  • Judges: Must enter revocation orders upon proper showing that section 843.23 was violated during pretrial release.
  • Prosecutors: Should present reliable evidence (e.g., tamper alerts, GPS data, officer testimony) sufficient to establish the violation occurred while the defendant was on pretrial release.
  • Defense counsel: Must advise clients on the zero-tolerance consequence for monitoring tampering and be prepared to contest whether the conduct constitutes a statutory violation and whether it occurred during the relevant period.

2) Criminal Punishment Code: New Sentencing Multipliers

• Aggravated Animal Cruelty (section 828.12(2))—1.25 multiplier: Applies when the primary offense involved knowing and intentional torture or torment causing injury, mutilation, or death. The subtotal sentence points are multiplied by 1.25.
• Fleeing or Attempting to Elude (section 316.1935)—1.5 multiplier: Applies when the primary offense is under section 316.1935 and the offender’s prior record contains one or more section 316.1935 violations. The subtotal sentence points are multiplied by 1.5.
• Practice notes:
  • “Primary offense” refers to the offense before the court with the highest offense level or the one designated as such for scoring; verify on the revised scoresheet (rule 3.992).
  • These multipliers affect “subtotal sentence points” before computing “total sentence points” and the “lowest permissible sentence.” They can materially raise prison exposure.
  • Ex post facto caution: Multipliers cannot be applied to offenses committed before their statutory effective dates (July 1, 2025 for animal cruelty; October 1, 2025 for fleeing/eluding).
  • Documentation: Prosecutors should ensure the factual predicates (e.g., torture/torment; qualifying prior fleeing convictions) are clearly established in the record.
• Illustrations (for orientation only):
  • Aggravated Animal Cruelty as primary offense with a subtotal of 120 points:
    • Enhanced subtotal: 120 × 1.25 = 150.
    • Lowest permissible sentence (LPS): (150 − 28) × 0.75 = 91.5 months.
  • Section 316.1935 offense as primary with a subtotal of 80 points and at least one prior section 316.1935 conviction:
    • Enhanced subtotal: 80 × 1.5 = 120.
    • LPS: (120 − 28) × 0.75 = 69 months.
• Renumbering alert: New subdivisions (now 3.704(d)(25) and (26)) shift subsequent numbering (e.g., “total sentence points” becomes (2527), etc.). Practitioners should rely on current official numbering to avoid citation errors.

3) Capital-Case Terminology: “Crime Punishable by Death”

• Rule 3.112 (Capital Counsel Qualifications): A “capital trial” now means any trial where the defendant is charged with a crime punishable by death unless the State waives death on the record. This precision ensures that enhanced counsel qualifications apply only when death is truly at issue.
• Rule 3.202 (Penalty Phase Mental-Mitigation Experts): The state expert examination provision now triggers upon conviction of “a crime punishable by death,” preserving the 48-hour examination window between conviction and the penalty phase.
• Rule 3.203 (Intellectual Disability as a Bar to Execution): The rule’s scope is revised to match any case in which a defendant is convicted of a crime punishable by death and the State has not waived death. The order must bar death if intellectual disability is established, consistent with Florida law and constitutional constraints.
• Practical implications:
  • Terminology no longer ties procedures exclusively to “first-degree murder.” If the Legislature modifies the set of death-eligible crimes in the future, the rules will already be aligned.
  • Litigation efficiency: If the State waives death on the record, capital-specific procedures (e.g., penalty-phase expert examination timelines; capital-counsel qualifications) need not be invoked.

Complex Concepts Simplified

• Fast-Track Rulemaking (Rule 2.140(e)): An expedited process the Florida Supreme Court uses to quickly implement rule changes required by new legislation. The Court may adopt amendments immediately and invite public comment afterward.
• Mandatory vs. Discretionary Revocation: “Must revoke” removes judicial discretion once the predicate facts are established. Previously, judges had broader discretion to revoke or modify pretrial release upon violations; for electronic-monitoring tampering during pretrial release, revocation is now mandatory.
• Electronic Monitoring Tampering (section 843.23): Tampering includes removing, altering, or interfering with an electronic monitoring device. The new subsection (5) requires revocation of pretrial release if the tampering occurs while on pretrial release.
• Criminal Punishment Code (CPC) Multipliers: Multipliers increase the “subtotal sentence points” on a scoresheet when certain conditions are met. Higher total points generally translate to higher minimum permissible sentences. The new multipliers are 1.25 (Aggravated Animal Cruelty) and 1.5 (Fleeing/Eluding with qualifying priors).
• Primary Offense: The offense scored as primary on the CPC scoresheet—typically the most serious offense for which the defendant is being sentenced. Multipliers apply to the primary offense subtotal, not to all counts indiscriminately.
• Lowest Permissible Sentence (LPS): A formula-driven minimum term the court must impose unless a valid downward departure applies. When total points exceed 44, LPS = (Total Points − 28) × 0.75 (expressed in prison months).
• Capital Case Terminology: “Crime punishable by death” is broader and more precise than “first-degree murder.” It refers to any offense that Florida law makes death-eligible, unless the State waives death.
• Intellectual Disability and the Death Penalty: While not cited in this opinion, United States Supreme Court precedent prohibits executing individuals with intellectual disability. Rule 3.203 provides the procedure to litigate that issue; if established, death is barred and the case proceeds without death as a sentencing option.

Practice Pointers and Implementation Checklist

• Judges:
  • At pretrial hearings, make express findings when revoking release under rule 3.131(f)(2): identify the violation of section 843.23 and confirm it occurred during pretrial release.
  • For CPC scoring, confirm the factual predicates for multipliers and ensure the updated rule 3.992 scoresheet is used.
  • In capital cases, confirm on the record whether the State waives death; apply 3.112, 3.202, and 3.203 accordingly.
• Prosecutors:
  • For 3.131(f)(2) revocations, prepare clear proofs (device data, chain of custody, officer/technician testimony).
  • For multipliers, document the qualifying elements (e.g., torture/torment in animal cruelty; prior 316.1935 convictions) and identify the primary offense on the scoresheet.
  • In capital cases, promptly file the notice to seek death; if mental mitigation is anticipated, move for a state expert exam timing consistent with 3.202(d) after conviction.
• Defense Counsel:
  • Advise clients that electronic-monitoring tampering while on pretrial release triggers mandatory revocation; counsel on compliance and potential defenses (e.g., fault in device, lack of intent, timing disputes).
  • Audit CPC scoring for multiplier applicability and factual sufficiency; challenge improper designations of “primary offense” or unsupported predicate facts.
  • In capital cases, verify counsel-qualification requirements under 3.112; if death is waived, confirm that capital-specific procedures are not improperly invoked. For intellectual disability, meet 3.203 timing and expert disclosure requirements.
• Clerks and Probation/Pretrial Services:
  • Update local forms and advisories to reflect the mandatory revocation rule for electronic-monitoring tampering.
  • Ensure scoresheet software reflects new multipliers and renumbered subdivisions.

Comment Period and Procedural Notes

• Effective date: Immediate upon issuance (November 6, 2025). A motion for rehearing does not delay effectiveness.
• Comments due: On or before January 20, 2026. Requests for oral argument should be filed with comments.
• Committee response: Due by February 10, 2026.
• Filing: Attorneys must e-file via the Florida Courts E-Filing Portal; nonlawyers may file via the Portal or by delivery to the Clerk of the Florida Supreme Court.

Conclusion

This opinion promptly synchronizes Florida’s criminal procedural rules with the 2025 legislative program. Three high-impact changes emerge:

• Pretrial release discipline: Courts must revoke release when a defendant tampers with electronic monitoring while on pretrial release—an unequivocal response to device tampering that prioritizes public safety and compliance.
• Enhanced CPC exposure for targeted conduct: New multipliers increase sentencing exposure for aggravated animal cruelty involving torture/torment and for fleeing/eluding when accompanied by qualifying priors—offering calibrated policy responses within the CPC framework.
• Capital-case rule coherence: Substituting “crime punishable by death” for offense-specific labels ensures uniform, accurate application of capital procedures and counsel qualifications across all death-eligible prosecutions, contingent on whether the State waives death.

Collectively, these amendments clarify judicial obligations, guide practitioner conduct, and tighten the linkage between substantive criminal law and procedural mechanisms. The immediate effectiveness and post-adoption comment window reflect the Court’s dual commitments to timely implementation and stakeholder engagement. Practitioners should update forms, advisories, and scoresheet practices immediately, and consider submitting comments on any points needing further clarification—particularly the evidentiary standard and procedure associated with mandatory pretrial release revocation under rule 3.131(f)(2).