IN RE: AMENDMENTS TO the FLORIDA RULES OF TRAFFIC COURT. (2018)

We have for consideration the regular-cycle report of proposed amendments to the Florida Rules of Traffic Court filed by The Florida Bar's Traffic Court Rules Committee (Committee). See Fla. R. Jud. Admin. 2.140(b)(4). We have jurisdiction. See art. V, § 2(a), Fla. Const. We adopt the majority of the amendments as proposed by the Committee, including the deletion of rule 6.580 (Completion of Driver School; Conditions) as outdated. However, as discussed herein, we decline to adopt most of the Committee's proposed amendments to rule 6.140 (Conduct of Trial), and adopt the proposed amendments to rule 6.200(b) (Pleas and Affidavits of Defense; Written Pleas of Guilty or Nolo Contendere) with modifications.

BACKGROUND

The Committee proposes amendments to Florida Rules of Traffic Court 6.010 (Scope); 6.020 (Purpose and Construction); 6.080 (Improper Disposition of Traffic Ticket); 6.090 (Direct and Indirect Criminal Contempt); 6.140 (Conduct of Trial); 6.180 (Sentencing Repeat Offenders); 6.190 (Procedure on Failure to Appear; Warrant; Notice); 6.200 (Pleas and Affidavits of Defense); 6.320 (Complaint; Summons; Forms; Use); 6.330 (Election to Attend Traffic School); 6.360 (Enlargement of Time); 6.455 (Amendments); 6.490 (Correction and Reduction of Penalty); 6.500 (Pronouncement and Entry of Penalty; Penalizing Official); 6.510 (Determination that Infraction was not Committed; Bond Refunded); 6.520 (Effect of Granting New Hearing); 6.530 (Imposition of Penalty Before or After Motion Filed); 6.550 (Official May Grant New Hearing); 6.560 (Conviction of Traffic Infraction); 6.570 (Reporting Action Requiring Suspension of Driver License); 6.575 (Retention of Case Files); 6.580 (Completion of Driver School; Conditions); 6.590 (Failure to Complete Driver School; Reinstatement of Driver License); 6.600 (Failure to Appear or Pay Civil Penalty; Reinstatement of Driver License); 6.610 (Failure to Fulfill Penalty Imposed After a Hearing; Reinstatement of Driver License); 6.620 (Failure to Appear for Mandatory Hearing; Reinstatement of Driver License); and 6.630 (Civil Traffic Infraction Hearing Officer Program; Traffic Hearing Officers).

Consistent with Florida Rule of Judicial Administration 2.140(b)(2), the Committee published the proposals for comment before filing them with the Court. The Committee received comments, made responsive amendments to its proposals, and republished the proposals for comment. The proposals were approved unanimously by the Board of Governors of The Florida Bar and by a majority of the Committee. The Court also published the proposals for comment and received two comments. One comment was from Civil Traffic Hearing Officers Steven D. Rubin and Sarah Blumberg opposing a number of the Committee's proposals and proposing alternative amendments to several of the rules. The other comment was from the Florida Public Defender Association (FPDA) in support of the Committee's proposed amendment to rule 6.490(b)(1) (Correction and Reduction of Penalty; Reduction of Penalty). The Committee filed a response addressing the comments and declining to make any revisions to its proposals.

AMENDMENTS

After considering the proposed amendments, the comments filed, and the Committee's response to the comments, we adopt all of the proposed amendments, except the Committee's proposed amendment to the text of rule 6.140 (Conduct of Trial). We discuss only the proposed amendments to rule 6.140, most of which we decline to adopt, rule 6.200(b) (Pleas and Affidavits of Defense; Written Pleas of Guilty or Nolo Contendere), which we adopt as modified herein, and rule 6.330(b) (Election to Attend Traffic School).

Rule 6.140 (Conduct of Trial) provides that “[a]ll trials and hearings shall be held in open court and shall be conducted in an orderly manner according to law and applicable rules.” The rule also provides that “[a]ll proceedings for the trial of traffic cases shall be held in a place suitable for the purpose.” The Committee proposes rephrasing rule 6.140 to provide that “[w]hen necessary, traffic proceedings may be held in a place suitable for the purpose.” The Committee explains that its proposed amendment to the rule is for clarity and to allow flexibility to hold hearings outside of a courtroom when necessary. However, the rule does not currently limit traffic proceedings to a courtroom. Rather, the rule requires that traffic proceedings be held in a “place suitable for the purpose,” which may be a place other than a courtroom, when necessary. Accordingly, we find that no amendment to the text of rule 6.140 is necessary and decline to adopt that proposed amendment. However, we adopt the Committee's proposal to rename the rule 6.140 “Committee Comments” as “Committee Notes.”

Rule 6.200(b) (Pleas and Affidavits of Defense; Written Pleas of Guilty or Nolo Contendere) provides in pertinent part that, subject to the approval of the court, written pleas of guilty or nolo contendere may be entered in criminal traffic offenses that are not designated felonies and defendants may be sentenced based on those pleas. The Committee proposes amending the rule to remove “outdated language” and to improve clarity for the reader. We adopt amendments to rule 6.200(b) with the modifications suggested by commenters, Civil Traffic Hearing Officers Steven D. Rubin and Sarah Blumberg. As amended, the rule will clearly reflect the proper sequence of events in criminal traffic offense proceedings.

Rule 6.330(b) provides that a “defendant who is sentenced to or elects to attend a driver improvement school shall have the right to attend an approved school in the location of the defendant's choice.” Importantly, the Committee proposes adding the following phrase to the end of the above sentence: “including the internet when the elected or court-ordered driver improvement course is provided online.” The commenters, Civil Traffic Hearing Officers Steven D. Rubin and Sarah Blumberg, expressed concern with the additional provision, explaining that it could limit the court's sentencing discretion. We thank the commenters for their thoughtful comments; however, we defer to the Committee, which was overwhelmingly in favor of the amendments, and adopt the amendments to the rule as proposed.

CONCLUSION

Accordingly, we amend the Florida Rules of Traffic Court as reflected in the appendix to this opinion. New language is indicated by underscoring; deletions are indicated by struck-through type. The committee notes are offered for explanation only and are not adopted as an official part of the rules. The amendments shall become effective January 1, 2019, at 12:01 a.m.

It is so ordered.

APPENDIX

PER CURIAM.

CANADY, C.J., and PARIENTE, LEWIS, QUINCE, POLSTON, LABARGA, and LAWSON, JJ., concur.