IN RE: AMENDMENTS TO THE FLORIDA RULES OF TRAFFIC COURT 2018 REGULAR-CYCLE REPORT
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The Court reversed its prior adoption of amendments to Rule 6.455 and restored the rule to its pre-August 30, 2018 version, effective January 1, 2019, and deleted the 2018 committee note.
[1] An untimely motion for rehearing may be accepted as timely when the moving party demonstrates that allowing the challenged order to take effect would create statewide hav…
[2] A court may reverse its prior adoption of procedural rule amendments before their effective date when the adopting committee determines the amendments improperly restrict…
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“allowing the amendments to take effect may create statewide havoc”
This stated concern justified the Court's acceptance of an otherwise untimely motion for rehearing.
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Join FLexlaw to unlock all legal intelligenceThe Florida Bar's Traffic Court Rules Committee initially proposed amendments to Rule 6.455 that were adopted by the Court in August 2018 and schedule…
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Supreme Court of Florida
No. SC18-18
IN RE: AMENDMENTS TO THE FLORIDA RULES OF TRAFFIC
COURT.
December 13, 2018
PER CURIAM.
On rehearing granted,¹ the Court amends Florida Rule of Traffic Court 6.455 (Amendments) to read as it did prior to the August 30, 2018, amendments to the rule in this case.
In In re Amendments to the Florida Rules of Traffic Court, 252 So. 3d 704 (Fla. 2018), the Court adopted a number of regular-cycle rule amendments proposed by The Florida Bar's Traffic Court Rules Committee (Rules Committee). Among the amendments, which become effective January 1, 2019, were the amendments to rule 6.455 at issue here. Id. at 711.
1. See In re Amends. to Fla. Rules of Traffic Court, No. SC18-18 (Fla. order filed Dec. 13, 2018).
On November 19, 2018, the Rules Committee filed an untimely motion for rehearing asking the Court to withdraw the amendments to rule 6.455 before their effective date. Because of the stated concerns that "allowing the amendments to take effect may create statewide havoc," the Court accepted the motion for rehearing as timely filed.3
According to the motion for rehearing, based on discussions with judges and practitioners after the amendments to rule 6.455 were adopted, the Rules Committee determined that the rule amendments, along with the 2018 committee note to the rule, “improperly remove discretion from the judge/hearing officer and fail to use proper standards."4
After considering the serious concerns raised in the motion for rehearing, the Court amends rule 6.455 to read as it did prior to the August 30, 2018, amendments to the rule and deletes the 2018 committee note. The amendments are set forth in the appendix to this opinion. New language is indicated by underscoring; deletions are indicated by struck-through type. The amendments
2. See id. (motion filed Nov. 19, 2018). 3. See id. (order filed Nov. 20, 2018). 4. See id. (motion filed Nov. 19, 2018).
shall become effective on January 1, 2019, at 12:02 a.m. Because the amendments were not published for comment prior to their adoption, interested persons shall have seventy-five days from the date of this opinion in which to file comments with the Court.5
It is so ordered.
CANADY, C.J., and PARIENTE, LEWIS, QUINCE, POLSTON, LABARGA, and LAWSON, JJ., concur.
ANY MOTION FOR REHEARING OR CLARIFICATION MUST BE FILED
WITHIN SEVEN DAYS. A RESPONSE TO THE MOTION FOR
REHEARING/CLARIFICATION MAY BE FILED WITHIN FIVE DAYS
AFTER THE FILING OF THE MOTION FOR REHEARING/CLARIFICATION.
5. All comments must be filed with the Court on or before February 26, 2019, with a certificate of service verifying that a copy has been served on the Committee Chair, Ms. Anne Marie Gennusa, 309 Kingsley Lake Dr., Suite 903, Saint Augustine, Florida 32092-3048, [email protected], and on the Bar Staff Liaison to the Committee, Ms. Heather Telfer, 651 E. Jefferson Street, Tallahassee, Florida 32399-2300, [email protected], as well as a separate request for oral argument if the person filing the comment wishes to participate in oral argument, which may be scheduled in this case. The Committee Chair has until March 19, 2019, to file a response to any comments filed with the Court. If filed by an attorney in good standing with The Florida Bar, the comment must be electronically filed via the Florida Courts E-Filing Portal (Portal) in accordance with In re Electronic Filing in the Supreme Court of Florida via the Florida Courts E-Filing Portal, Fla. Admin. Order No. AOSC13-7 (Feb. 18, 2013). If filed by a nonlawyer or a lawyer not licensed to practice in Florida, the comment may be, but is not required to be, filed via the Portal. Comments filed via the Portal must be submitted in Microsoft Word 97 or higher. See In re Electronic Filing in the Florida Supreme Court, Fla. Admin. Order No. AOSC17-27 (May 9, 2017). Any person unable to submit a comment electronically must mail or handdeliver the originally signed comment to the Florida Supreme Court, Office of the Clerk, 500 South Duval Street, Tallahassee, Florida 32399-1927; no additional copies are required or will be accepted.