Supreme Court of Florida

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No. SC2023-1093

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IN RE: AMENDMENTS TO FLORIDA RULE OF CRIMINAL 

PROCEDURE 3.670.

January 25, 2024

PER CURIAM.

The Florida Bar’s Criminal Procedure Rules Committee filed a 

report proposing amendments to Florida Rule of Criminal Procedure 

3.670 (Rendition of Judgment).1 The Committee approved the 

proposed amendments. The Board of Governors of The Florida Bar 

recommended rejecting the proposal by a vote of 29-17-0. The 

Committee published its proposal for comment prior to filing it with 

the Court, and one comment was received. After the Committee 

filed its report, the Court published the proposal for comment and 

received one comment suggesting additional grammatical changes.

1. We have jurisdiction. See art. V, § 2(a), Fla. Const.; see 

also Fla. R. Gen. Prac. & Jud. Admin. 2.140(b)(1). 
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The Court hereby amends Florida Rule of Criminal Procedure 

3.670 as proposed by the Committee. The amendments mirror 

section 948.01(2), Florida Statutes, to avoid confusion about 

probation being required when an adjudication of guilt is withheld 

by a trial court. The amendments explain that probation is 

mandatory in felony cases where the judge withholds adjudication. 

Additionally, the rule is divided into four subdivisions and various 

grammatical and technical changes are made.

Accordingly, we amend Florida Rule of Criminal Procedure 

3.670 as reflected in the appendix to this opinion. New language is 

indicated by underscoring; deletions are indicated by struckthrough type. The amendments to the rule shall become effective 

April 1, 2024, 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

Jason B. Blank, Chair, Criminal Procedure Rules Committee, Fort 

Lauderdale, Florida, Joshua E. Doyle, Executive Director, The 
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Florida Bar, Tallahassee, Florida, and Michael Hodges, Staff 

Liaison, The Florida Bar, Tallahassee, Florida,

for Petitioner

George Pavlidakey, Clearwater, Florida,

Responding with comments
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APPENDIX

RULE 3.670. RENDITION OF JUDGMENT

(a) If the defendant is found not guilty, a judgment of not 

guilty must be rendered in open court and in writing, signed by a 

judge, filed, and recorded.

(b) If the defendant is found guilty, a judgment of guilty and, 

if the defendant has been acquitted, a judgment of not guilty 

shallmust be rendered in open court and in writing, signed by the 

judge, filed, and recorded. However, where allowed by law, the judge 

may withhold an adjudication of guilt. In the case of a felony, the 

judge may withhold an adjudication of guilt only if the judge places 

the defendant on probation.

(c) When a judge renders a final judgment of conviction, 

withholds adjudication of guilt after a verdict of guilty, imposes a 

sentence, grants probation, or revokes probation, the judge 

shallmust forthwith inform the defendant concerning the rights of 

appeal therefrom, including the time allowed by law for taking an 

appeal. 

(d) Within 15 days after the signed written judgment and 

sentence is filed with the clerk of court, the clerk of the court 

shallmust serve on counsel for the defendant and counsel for the 

state a copy of the judgment of conviction and sentence entered, 

noting thereon the date of service by a certificate of service. If it is 

the practice of the trial court or the clerk of court to hand deliver 

copies of the judgment and sentence at the time of sentencing and 

copies are in fact hand delivered at that time, hand delivery 

shallmust be noted in the court file, but no further service shall 

beis required and the certificate of service need not be included on 

the hand-delivered copy.

Committee Notes

[No Change]