The Family Law Rules Committee invites comments on the proposed new collaborative law forms anticipated to be filed in an out-of-cycle report. The full text of the proposals can be found below.

Interested persons have until October 1, 2018, to submit any comments, electronically, to Maria Obradovich, Chair of the Family Law Rules Committee, at [email protected], and to The Florida Bar staff liaison, Mikalla Davis, at [email protected].

Rule	Vote	Explanation
Introduction and Explanatory Remarks for Forms 12.985(a-g). (Collaborative Law Process for Dissolution of Marriage Forms)	20-0-2	The introduction provides the purpose and considerations for the new forms 12.985 (A-G) for use for the collaborative law process.
New Form 12.985(a). (Explanation of Collaborative Dissolution Process Attorney –Client)	20-0-2	A new family law procedure form is added that explains the collaborative law process to prospective clients after a consultation with a collaborative lawyer. This new form is intended to satisfy Florida Bar Rule of Professional Conduct 4-1.19.
New Form 12.985(b)(1). (Collaborative Law Participation Agreement Principles and Guidelines)	20-0-2	A new family law procedure form is added as a guide for attorneys engaging in the collaborative law process. This new form is a detailed form for use as the collaborative law agreement.
New Form 12.985(b)(2) (Collaborative Law Participation Agreement)	20-0-2	A new family law procedure form is added as a guide for attorneys engaging in the collaborative law process. This new form is a shorter collaborative law participation agreement.
New Form 12.985(c). (Joint Notice of Collaborative Law Participation Agreement)	20-0-2	A new family law procedure form is added as a guide for attorneys engaged in the collaborative law process. This new form is to be filed with the court after a petition for dissolution has been filed but the parties later agree to participate in the collaborative process. The court may order that the proceedings are stayed while the parties engage in the collaborative law process.
New Form 12.985(d). (Confidentiality Agreement (For Neutral or Individual Consultant or Note Taker))	20-0-2	A new family law procedure form is added as a guide for attorneys engaged in the collaborative law process. This new form is to be used by neutral or individual consultants or note takers to maintain confidentiality in the collaborative law process.
New Form 12.985(e). (Amendment to Collaborative Law Process Participation Agreement)	20-0-2	A new family law procedure form is added as a guide for attorneys engaged in the collaborative law process. This new form is to be used when a new collaborative law attorney is substituted for a former collaborative attorney and the collaborative law process continues with the clients and other participants.
New Form 12.985(f). (Notice of Termination of Collaborative Law Process)	20-0-2	A new family law procedure form is added as a guide for attorneys engaged in the collaborative law process. This new form is to be filed with the court when the collaborative law process has been terminated.
New Form 12.985(g) (Joint Verified Petition and Verified Answer for Dissolution of Marriage)	20-0-2	A new family law procedure form is added as a guide for attorneys engaged in the collaborative law process. This new form is to be filed with the court after the parties have resolved their matter through the collaborative law process and requests that the court adopt their collaborative agreement.

CODE AND RULE OF EVIDENCE COMMITTEE
REGULAR-CYCLE 2019 AMENDMENTS

The Code and Rules of Evidence 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 below.

Interested persons have until August 15, 2018, to submit any comments, electronically, to Patricia M. Dodson, incoming Chair of the Code and Rule of Evidence Committee at [email protected], and to the Bar staff liaison, Mikalla Davis, at [email protected].

RULE/FORM	VOTE	EXPLANATION
Amendments in chapter 2014-35, Laws of Florida, to section 90.204(4), Florida Statutes.	24-1-0	Section 2, chapter 2014-35, Laws of Florida, amended section 90.204(4), Florida Statutes, to enable a family court to take judicial notice of certain facts. CREC intends to recommend to the Florida Supreme Court that it adopt chapter 2014-35 as a rule of evidence, to the extent it is procedural.

CIVIL PROCEDURE RULES COMMITTEE
REGULAR-CYCLE 2019 AMENDMENTS

The Civil Procedure 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 below.

Interested persons have until August 15, 2018, to submit any comments, electronically, to Scott Dimond, incoming Chair of the Civil Procedure Rules Committee, at [email protected], and to the Bar staff liaison, Mikalla Davis, at [email protected].

Rule/Form	Vote	Explanation
Rule 1.090	21-0-0	In subdivision (b), adds subdivision titles “In General” and “Exceptions” for greater clarity for the reader. Formats subdivisions (b)(1)(A) and (b)(1)(B) in a list in compliance with In re: Guidelines for Rules Submission, AOSC06-14 (Fla. 2006) In subdivision (b)(2), deletes the language “but it” and adds “the court” for clarity for the reader.
Rule 1.310	31-0-0	In the first sentence of subdivision (b)(4), adds “audiovisually” and deletes “by videotape” to update the outdated, technology-specific term in the subdivision. In subdivision (b)(4)(A), replaces “videotape” and “videotaped” with “audiovisually record” and “audiovisually recorded” to update the outdated, technology-specific term in the subdivision. In the subdivision title of (b)(4)(B), replaces “Stenographer” with “Court Reporter” to update the outdated, technology-specific term in the subdivision title. In subdivision (b)(4)(B), replaces “videotaped” with “audiovisually recorded” and “recorded stenographically” with “transcribed” to update the outdated, technology-specific terms in the subdivision. In the subdivision title of (b)(4)(D), replaces “Tape” with “Recording” to update the outdated, technology-specific term in the subdivision. In subdivision (b)(4)(D), replaces “videotape” and “videotaping” with “audiovisually recording” to update the outdated, technology-specific terms in the subdivision. In the subdivision title of (b)(4)(E), replaces “Videotaped” with “Audiovisually Recorded” to update the outdated, technology-specific terms in the subdivision title. In subdivision (b)(4)(E), replaces “videotaping” with “audiovisual recording” and “recording” to update the outdated, technology-specific terms in the subdivision. In subdivision (c), replaces “taken stenographically” with “transcribed” to update the outdated, technology-specific terms in the subdivision.
Rule 1.350	31-0-0	In subdivision (a), replaces “phono-records” with “audio, visual, and audiovisual recordings” to update the outdated, technology-specific terms in the subdivision.
Rule 1.380	31-0-0 (as to subdivision (b)) 29-1-0 (as to subdivision (e))	Amends subdivision (b), in response to CB Condominiums, Inc v. GRS South Florida, Inc., 165 So. 3d 739 (Fla. 4th DCA 2015), allowing the court to find a deponent in contempt if he or she refuses to obey a court order directing the deponent to produce documents. This amendment expands the remedies available under subdivision (b)(1) beyond a deponent’s failing to be sworn or refusing to answer a question by including the scenario faced by the court in CB Condominiums, Inc. Amends subdivision (e) to track 37(e) of the Federal Rules of Civil Procedure that was amended in 2015. The amendments to 37(e) and to 1.380(e) give guidance to the court on when and to what extent the court may impose sanctions against a litigant that fails to maintain electronically stored information when that litigant has the duty to maintain such. Adds a Committee Note to clarify that Rule 1.380(e) is consistent with the Federal Rule of Civil Procedure 37(e).
Rule 1.442	34-0-0	Amends subdivision (c)(2)(B) by replacing “in” with “on” and “action in” with “claim or claims for” in conformity with Attorneys’ Title Insurance Fund, Inc. v. Gorka, 26 So.3d 646 (Fla 2010). This case requires that each offeree evaluate his or her respective claim or claims. Amends subdivision (c)(2)(F) to add that if attorney’s fees are sought in the pleadings, then the proposal must state whether attorney’s fees are part of the legal claim or claims and whether the proposal includes attorney’s fees in conformity with Kuhajda v. Borden Dairy Co. of Alabama, LLC, 202 So. 3d 391 (Fla. 2016). Adds a Committee Note to provide the case cites for the amendments to subdivisions (c)(2)(B) and (c)(2)(F). Double underline indicates amendments pending in case SC17-882.
Rule 1.451	31-0-0	In subdivision (b) and (c), replaces “video” with “audiovisual” to update the outdated, technology-specific terms in the subdivision.
Rule 1.510	31-0-0	Amends subdivision title (f) to mirror Federal 56(d): “When Facts Are Unavailable to the Nonmovant.” Double underline indicates amendments pending in case SC17-882.
Rule 1.535	26-0-0	Adds a new rule that addresses motions for remittitur and additur. Subdivision (a) requires the party to serve the motion for remittitur or additur and requires the motion to state the applicable law for the basis of the motion, the amount the movant contends the verdict should be, and the specific evidence which supports the amount stated or a statement of the improper elements of damages. Subdivision (b) requires that if a motion for remittitur or additur is granted, the order must state the specific grounds for granting the motion. Subdivision (c) provides that any party that is adversely affected by the order granting remittitur or additur may reject the award and elect a new trial within 15 days of the order granting remittitur or additur. Adds a Committee Note that provides the case law citations for each subdivision.
Rule 1.540	34-0-0	Adds “or order” after decree and a comma after judgment and deletes “or” after judgment in several sentences in subdivision (b) so that the phrase reads “judgment, decree, or order.” These amendments clarify the concerns raised in De La Osa v. Wells Fargo Bank, N.A., 208 So. 3d 259 (Fla. 3d DCA 2016), and permits that relief from final orders and final judgments may be sought under Rule 1.540.
Rule 1.610	31-0-0	In subdivision (b), adds a sentence “Unless otherwise specified by the court, the bond shall be posted within 5 days of entry of the order setting the bond.” This sentence was added due to the issue presented in Salas v. Alexander, 159 So.3d 387 (Fla. 3d DCA 2015), regarding the timing of the filing of a notice of appeal from the issuance of a temporary injunction in connection with the issuance or posting of the corresponding bond.
Rule 1.650	31-0-0	In subdivision (c)(2)(A), adds “transcribed or” and “audiovisually” and deletes “or stenographically” and “on video tape” to update the outdated, technology-specific terms in the subdivision.
Rule 1.730	31-0-0	In subdivision (b), adds “transcribed or” and deletes “or stenographically” to update the outdated, technology-specific terms in the subdivision.
Rule 1.830	29-0-0	In subdivision (c), deletes “(11)” to delete the incorrect reference to Florida Statutes. (See Kaplan v. Epstein, 219 So.3d 932 (Fla. 4th DCA 2017).)
Form 1.902	31-0-0	Adds a period to the paragraph beginning “YOU ARE COMMANDED” in compliance with In re: Guidelines for Rules Submission, AOSC06-14 (Fla. 2006) Adds the required (by Florida Rule of Judicial Administration 2.540) ADA Notice to the end of the form in English, Spanish, and French.
Form 1.923	31-0-0	Deletes extra periods after “TO:” and “Defendant(s)” at the top of the form, in the paragraphs beginning “You are being sued by,” and in the paragraphs following “THE THINGS YOU MUST DO ARE AS FOLLOWS:” This is done in the English, Spanish, and Creole portion of the form. Adds the required (by Florida Rule of Judicial Administration 2.540) ADA Notice to the end of the form. This is done in the English, Spanish, and French portion of the form. Capitalize the phrase “You are Commanded” that follows the ADA notice.
Form 1.984	21-0-0	Adds to paragraph six the level of education of the juror. Renumbers subdivisions to accommodate the additions to paragraph six.
Form 1.952	34-0-0	Adds a new form for proposals for settlement. Subdivision (a) is used when a single plaintiff offers to settle a claim with a single defendant with no claim for punitive damages. Subdivision (b) is used when a single plaintiff offers to settle a claim with a single defendant with a claim for punitive damages. Subdivision (c) is used when a single defendant offers to settle a claim with a single plaintiff with a claim for punitive damages Subdivision (d) is used when a single defendant offers to settle a claim with two defendants, one of whom is vicariously liable and there are no punitive damages. Subdivision (e) is used when a single plaintiff offers to settle a claim with single defendant and there are no co-defendants remaining and no claim for punitive damages.
Form 1.996(a)	30-0-0	In the first paragraph of the form, deletes extra periods after “Plaintiff,” and “Other:” and adds appropriate number of periods after the $ on the right side of the first paragraph in each line. In the paragraph that begins “3. Sale property,” deletes extras periods throughout the paragraph. Also, deletes “(2013)” as that date is not accurate and not necessary. In the paragraph that begins “6. Right of Redemption/Right of Possession,” deletes “(2013)” as that date is not accurate and not necessary. Also, adds “subject to the rights of a tenant occupying residential premises pursuant to section 83.561, Florida Statutes” to comply with changes to Florida Statutes Section 83.561(1)(c). In the paragraph that begins “7. Attorneys’ Fees.,” deletes the underline in the paragraph beginning the “The court finds” and adds ten periods in compliance with In re: Guidelines for Rules Submission, AOSC06-14 (Fla. 2006). A Committee Note is added to explain the modification to paragraph 6.
Form 1.996(b)	30-0-0	In the first paragraph of the form, deletes extra periods after “Plaintiff,” and “Other:” and adds appropriate number of periods after the $ on the right-hand side of the first paragraph in each line in the first paragraph. In the paragraph that begins “3. Sale property,” deletes extras periods throughout the paragraph. Also, deletes “(2013)” as that date is not accurate and not necessary. In the paragraph that begins “6. Right of Redemption/Right of Possession,” deletes “(2013)” as that date is not accurate and not necessary. Also, adds “subject to the rights of a tenant occupying residential premises pursuant to section 83.561, Florida Statutes” to comply with changes to Section 83.561(1)(c), Florida Statutes. In the paragraph that begins “7. Attorneys’ Fees.,” deletes the underlines in the paragraph beginning “The court finds” and adds ten periods in compliance with In re: Guidelines for Rules Submission, AOSC06-14 (Fla. 2006). In the paragraph that begins “8. Reestablishment of Lost Note,” deletes extra period in the last sentence. At the bottom of the form above the signature line for the judge, deletes the extra periods around the “(date)” A Committee Note is added to explain the modification to paragraph 6.
Appendix I—Standard Interrogatories Forms Form 1- General Personal Injury Negligence—Interrogatories to Plaintiff	31-0-0	In paragraph 19, deletes “motion picture, video tape” and adds “audio recording, visual recording, and audiovisual recording” to update outdated, technology-specific term in the subdivision.
Appendix I—Standard Interrogatories Forms Form 2- General Personal Injury Negligence—Interrogatories to Plaintiff	31-0-0	In paragraph 12, deletes “motion picture, video tape” and adds “audio recording, visual recording, and audiovisual recording” to update outdated, technology-specific term in the subdivision.

CIVIL PROCEDURE RULES COMMITTEE
OUT-OF-CYCLE AMENDMENT

The Civil Procedure Rules Committee invites comments on the proposed rule amendment to Rule 1.220 anticipated to be filed in an out-of-cycle report. The full text of the proposals can be found below.

Interested persons have until July 15, 2018, to submit any comments, electronically, to Judge Rodolfo Ruiz, Chair of the Civil Procedure Rules Committee, at [email protected], and to the Bar staff liaison, Mikalla Davis, at [email protected].

Rule 1.220.

19-5-0

Adds a new subdivision (f) that provides that the court may approve a distribution of residual funds to nonprofit tax-exempt organizations that provide civil legal service to the poor, or to Florida Bar Foundation, or to one or more of such organizations.

APPELLATE COURT RULES COMMITTEE
OUT-OF-CYCLE REPORT
PUBLICATION NOTICE

The Appellate Court Rules Committee publishes notice of its proposed amendments for an out-of-cycle report. Interested persons have until September 1, 2018, to submit any comments. Comments should be e-mailed to the Chair of the Committee, Courtney Rebecca Brewer, at [email protected] and Bar liaison, Heather Savage Telfer, at [email protected].

Rule	Vote	Explanation
9.130	34-5	Creates new subdivision (a)(3)(C)(xii) to establish a new type of appealable non-final order for permanent guardianships established for dependent children pursuant to section 39.6221, Florida Statutes.
9.200	36-0	Amends subdivisions (d)(1)(C), creates new subdivision (d)(3), and renumbers existing subdivisions (d)(3)–(d)(4) as (d)(4)–(d)(5) respectively. The amendments create an easier way for counsel or a pro se party to request an unredacted version, to the extent permitted by the security matrix, of the record on appeal and trial transcript.

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