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July 15, 2017
Traffic Court Rules Committee 2018 regular-cycle amendments


The Traffic Court Rules Committee invites comments on the proposed rule amendments anticipated to be included in the Committee’s regular-cycle report. The full text of the proposals can be found on The Florida Bar’s website at www.FloridaBar.org.


Interested persons have until August 15, 2017, to submit any comments, electronically, to Sergio Cruz, Chair of the Traffic Court Rules Committee, at c[email protected], and to the Bar staff liaison, Heather Telfer, at [email protected].

Rule /Form
Vote
Explanation
Rule 6.010. (a) 23-0

(b) 21-0

Amends subdivision (a) to add a citation form and the effective date of the rules. Amends subdivision (b) to remove “whether prosecuted in the name of the state or any subdivision of it” as being outdated.
Rule 6.020. 21-0 Adds a comma.
Rule 6.080. 19-0 Replaces “the court” with “law” and deletes parenthesis around “in the matter provided in these rules.”
Rule 6.090. 21-0 Corrects references to the “Florida Rules of Criminal Procedure.” Replaces “Committee Comments” with “Committee Notes” for consistency throughout the rules set.
Rule 6.140. 21-0 Rephrases the second sentence of the rules for greater clarity for the reader. Replaces “Committee Comments” with “Committee Notes” for consistency throughout the rules set.
Rule 6.180. 21-0 Amends subdivision (a) to add commas after “defendant” and “offense” and replaces “a” with “the.”
Rule 6.190. 15-0 Amends subdivision (c) to clarify the triggering event after which the 30-day period begins.
Rule 6.200. 21-0 Amends subdivision (b) to remove a reference to “designated felonies” and to rephrase the sentence for greater clarity to the reader.
Rule 6.320. 11-2-2 Deletes the second sentence of the rules that refers to a complaint made by affidavit.
Rule 6.330. 15-0-1

21-0

Amendments to subdivision (a) specify that a defendant who does not hold a commercial driver license or commercial learner permit may elect a driver improvement course.

Amends the rule and rule title to refer to “driver improvement course” instead of “traffic school.” Rephrases subdivision (a) for greater clarity to the reader. Amends subdivision (b) to include a reference to driver courses on the internet.

Rule 6.360. 21-0 Rephrases subdivision (a) for greater clarity to the reader.
Rule 6.445. 11-4 Divides the rule into new subdivisions (a)–(c): non-substantive amendments, substantive amendments, and continuances, respectively. Subdivision (a) contains the language from the existing rule, but is further amended to specify that a charging document may be amended prior to commencement of a hearing to correct “informalities or irregularities.” New subdivision (b) prohibits an amendment resulting in an increased statutory penalty without proper notice to the defendant and the filing of a certificate of service. New subdivision (c) specifies that an official must grant a continuance if a charging document is amended and it is in the interest of justice. Creates a committee note to explain “informalities or irregularities.”
Rule 6.490. (b)(1) 20-1

(b)(2)–(b)(3) 21-0

Amends subdivisions (b)(1)–(b)(3). Subdivision (b)(1) is amended to allow for reduction of a penalty after 60 days of its imposition with “good cause shown.” Subdivisions (b)(2) and (b)(3) are rephrased for greater clarity for the reader.
Rule 6.500. 21-0 Retitles the rule “Entry of Disposition.” Combines existing subdivisions (a) and (b) into two sentences. As amended, rule reads: “Upon disposition of a case without hearing, the clerk or the official shall enter a notice on the docket. Following any hearing of a case, the disposition shall be pronounced in open court and issued in writing, and shall also be docketed.”
Rule 6.510. 17-3 Rephrased to remove passive voice and provide greater clarity to the reader.
Rule 6.520. 17-2 Rephrased to provide greater clarity to the reader.
Rule 6.530. 17-2 Replaces “had the discretion” with “may.”
Rule 6.550. 17-2 Rephrased to remove passive voice and provide greater clarity to the reader.
Rule 6.560. 21-0 Rephrases the entire rule for greater clarity. Updates references to Florida Statutes.
Rule 6.570. 17-2 Rephrased to remove passive voice and provide greater clarity to the reader. Updates references to Florida Statutes.
Rule 6.575. 17-2 Deletes current rule language and replaces it with “Case files shall be retained as required by Florida Rule of Judicial Administration 2.430.”
Rule 6.580. 21-0 Deletes the rule in its entirety as being outdated.
Rule 6.590. 20-0 Replaces “Driver School” with “Driver Improvement Course.” Rephrases the rule to remove passive voice and provide greater clarity for the reader. Updates references to Florida Statutes. Creates a committee note to further explain the requirements in section 318.15(b)(1), Florida Statutes.
Rule 6.630. 18-0-1 Deletes subdivisions (b), (i), and (k). Renumbers the remaining subdivisions. Amends subdivision (a) to state that “the chief judge shall make the decision on whether to participate in the program. Any county electing to participate in the program shall be subject to the supervision of the supreme court.” Subdivision (c), renumbered as subdivision (b), is further amended to remove passive voice and indicate that traffic hearing officers may serve either full time or part time at the discretion of the chief judge. Subdivision (e), renumbered as subdivision (d) is further amended to make minor grammatical changes.

[Revised: 11-14-2017]