The Appellate Court Rules Committee publishes notice of its proposed amendments for an out-of-cycle report. Interested persons have until May 1, 2019, to submit any comments. The ACRC 2019 Out-of-Cycle Report Rules can be found here. 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
9.120	26-0-1	Creates a new subdivision (f) to address notices of cross-review. Renumbers existing subdivision (f) as subdivision (g) and adds a reference to briefs on cross-review.
9.210	27-0	Amends subdivision (a)(5)(B), (c) and (e) to address briefs on cross-review.

OUT-OF-CYCLE REPORT ON COMMUNICATION EQUIPMENT JUVENILE COURT RULES

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 can be found here.

Interested persons have until May 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 8.255.	21-0-1	Adds a new subdivision (e) to address taking testimony using communication equipment. Renumbers subdivisions (f)-(i) to accommodate taking testimony amendment. Adds subdivision (e)(1) that states that witnesses must be physically present to testify unless otherwise provided by the law or the Rules of Juvenile Procedure and that the rule does not apply to statutory requirements for the parent to personally appear at arraignment hearings, advisory hearings, and adjudicatory hearings. Adds subdivision (e)(2) to permit witnesses to testify at hearings or trials using contemporaneous audio or video equipment if the parties agree or if a party shows good cause after notice to the all parties. The second and third sentences of (e)(2)(B) address the requirements of the request and notice to take testimony by communication equipment and what the court must weigh in considering whether good cause has been shown by the party. Adds a new subdivision (e)(3) to address how the equipment used to take the testimony must function. Adds a new subdivision (e)(4), regarding the oath that must be given to witnesses whose testimony is taken by contemporaneous audio or video equipment. Adds subdivision (e)(5) to address the cost for the use of communication equipment. Adds additional committee note for more explanation regarding subdivision (e).
Rule 8.257	26-1-0	Deletes reference to Florida Rule of Judicial Administration 2.530 in subdivision (d)(3) and adds “these rules” to refer to the taking testimony provision added to 8.255.

JUVENILE COURT RULES
OUT-OF-CYCLE REPORT ON COMMUNICATION EQUIPMENT

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.

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