The Juvenile Court Rules Committee invite comments on the proposed rule amendments anticipated to be included in an out-of-cycle report. The full text of the proposals on Juvenile Court Communications Equipment is here.

Interested persons have until April 1, 2019, to submit any comments, electronically, to David Neal Silverstein, Chair of the Juvenile Court Rules Committee Law Rules Committee, at [email protected]; and to the Bar staff liaison Mikalla Andies Davis at [email protected].

Rule

Vote

Explanation

Rule 8.100

17-4-5

Adds a new subdivision (e) to address taking remote testimony.

The new subdivision (e)(1) provides the general rule that a person must be physically present to testify.

The new subdivision (e)(2) adds the conditions that the court can consider remote testimony.

The new subdivision (e)(3) specifics the required equipment to participate in remote testimony.

The new subdivision (e)(4) specifies the oath that must be given when testifying remotely.

The new subdivision (e)(5) clarifies who will pay for the cost of the communication equipment.

Last, a new Committee Note is added to provide case law regarding the confrontation clause.

FAMILY LAW RULES
OUT-OF-CYCLE REPORT ON COMMUNICATION EQUIPMENT

The Family Law Rules Committee invite comments on the proposed rule amendments anticipated to be included in an out-of-cycle report. The full text of the proposals on Communication Equipment are here.
Interested persons have until April 1, 2019, to submit any comments, electronically, to Maria Liliana Obradovich, Chair of the Family Law Rules Committee, at [email protected]; and to the Bar staff liaison Mikalla Andies Davis at [email protected].

Rule	Vote	Explanation
Rule 12.310	20-0-0	Subdivisions (b)(4) and (b)(4)(A) are amended to delete the outdated language “by videotape,” “videotape,” and “videotaped” and it is replaced with “audiovisually,” “audiovisually record,” and “audiovisually recorded” respectively. Subdivision title “Court Reporter” for subdivision (b)(4)(B) is deleted and replaced with “Recording” for greater clarity for the reader. Subdivision (b)(4)(B), is substantially amended to accommodate recording deposition testimony by audiovisual communication equipment. “Tape” is deleted from the subdivision title (b)(4)(D) and replaced with “Recording” in order to remove the outdated language; the proposed subdivision title reads “Custody of Recording and Copies.” Subdivision (b)(4)(D) is amended to delete the outdated language “videotaping” and “videotape” and it is replaced with “audiovisual recording.” “Videotaped” is deleted from the subdivision title (b)(4)(E) and replaced with “Audiovisually Recorded” in order to remove the outdated language; the proposed subdivision title reads “Cost of Audiovisually Recorded Depositions.” Subdivision (b)(4)(E) is amended to delete the outdated language “videotaping” and it is replaced with “audiovisual recording.” Subdivision (b)(7) is amended to add that upon motion or agreement by the parties, the court may order testimony by audio communication equipment or audiovisual communication equipment. Also, an additional sentence is added to subdivision (b)(7) regarding the cost for the use of the communication equipment. The second sentence of subdivision (c) is amended to add “or comparable audio communication equipment.” The second sentence also adds “physically” prior to the word “present” to emphasize where the person administering the oath is located when depositions are taken over the telephone or by audio communication equipment occur. An additional sentence is added to subdivision (c) to explain how the oath will be administered when depositions are taken by video conferencing or comparable audiovisual equipment. Last in subdivision (c), “taken stenographically” is deleted as it is outdated.” A Committee Note is added to explain the oath requirement in the Florida Statutes.
Rule 12.451	20-0-0	Subdivision (b) is amended to permit testimony at a hearing or trial by contemporaneous audio, “or by video conference or comparable audiovisual communication equipment.” Subdivision (b) is also reformatted in a list adding subdivision (b)(1) and (b)(2) for greater clarity for the reader. Subdivision (c) is amended to add “conference or comparable audiovisual” and “both audible and” for greater specification on the required equipment. The first sentence of subdivision (d) adds “audio” for greater specification of the communication equipment. The second sentence also adds “physically” prior to the word “present” to emphasize where the person administering the oath is located when depositions are taken over the telephone or by audio communication equipment. An additional sentence is added to subdivision (d) to explain how the oath will be administered when depositions are taken by video conferencing or comparable audiovisual equipment. In subdivision (e), “agreed by the parties or” is added to allow the burden of expense to be as agreed upon the parties. A Committee Note is added to explain the oath requirement in the Florida Statutes.

TRAFFIC COURT RULES COMMITTE
OUT-OF-CYCLE AMENDMENTS

The Traffic Court Rules Committee invites comments on the proposed rule amendments anticipated to be included in the Committee’s out-of-cycle report. The full text of the Traffic Court Rules Committee Out-of-Cycle Amendments can be found here. Interested persons have until April 1, 2019, to submit any comments, electronically, to Anne Marie Gennusa, Chair of the Traffic Court Rules Committee, at [email protected], and to the Bar staff liaison, Heather Telfer, at [email protected].

Rule	Vote	Explanation
6.040.	18-0	Organizes the definitions into alphabetical order. Creates a definition for victim pursuant to article 1, section 16 of the Florida Constitution.
6.100.	16-1	Requires posting of notice in a traffic bureau that payment of civil penalty is an admission of guilt that results in a conviction and assessment of points against the driver license. Requires post of notice outlining the victim’s bill of rights pursuant to article 1, section 16 of the Florida Constitution.
6.150.	9-4-1	Requires an officer filing a charging document to include a written list of names and addresses of all witnesses needed to prove an infraction. Requires the clerk or clerk’s designee to issue a subpoena for all witnesses. Allows subpoena issuance fees to be assessed against the defendant. Requires the officer to provide the clerk with a copy of the crash report in infractions involving serious bodily injury or death. Requires the officer to provide the clerk with name and address of the deceased’s next of kin.

FLORIDA PROBATE RULES COMMITTEE
2019 REGULAR-CYCLE AMENDMENTS

The Florida Probate 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 Florida Probate Rules Regular Cycle Amendments are available for review.
Interested persons should file comments with the Florida Supreme Court after the report has been filed. The regular-cycle report will be filed no later than February 1, 2017. Comments should be served electronically, to the Co-Chairs of the Florida Probate Rules Committee, Theodore Stanley Kypreos and Cristina Papanikos, at [email protected] and [email protected], and to The Florida Bar staff liaison, Heather Telfer, at [email protected].

Rule	Vote	Explanation
Rule 5.200.	33-0	Subdivision (e) amended to require a statement identifying any other person who has equal or higher preference than the petitioner for the appointment of a personal representative under section 733.301, Florida Statutes. Subdivision (k) amended to require a statement of the specific facts that show the petitioner’s qualifications to serve as personal representative under sections 733.303 and 733.304, Florida Statutes. Committee notes revised.
Rule 5.499.	34-0	Subdivision (e) amended to eliminate a time deadline not otherwise required by statute or law. Committee notes revised.

Guidelines for Rules Submissions

Supreme Court Guidelines for Rules Submissions

Rules of Court Procedure Opinions

Florida Supreme Court opinions

Florida Standard Jury Instructions

Standard Jury Instructions in Criminal Cases 1970