IN RE: AMENDMENTS TO the FLORIDA RULES OF TRAFFIC COURT–RULE 6.040. (2019)

The Court has for consideration amendments to Florida Rule of Traffic Court 6.040 (Definitions) proposed by The Florida Bar's Traffic Court Rules Committee ¹ and approved by the Board of Governors of The Florida Bar. The Court has jurisdiction ² and adopts the amendments as proposed.

The amendments to rule 6.040 reorganize the existing subdivisions of the rule, amend the definition of “courts” in subdivision (d) of the rule, and add several additional subdivisions to the rule to provide new definitions. New subdivision (w) of the rule contains the definition of “victim” found in article I, section 16(e) of the Florida Constitution. The other new subdivisions contain various statutory definitions found in section 322.01, Florida Statutes (2019), including a definition recently added by chapter 2019-167, section 8, Laws of Florida, which became effective October 1, 2019. See ch. 2019-167, § 156, Laws of Fla. Finally, a new committee note is added explaining the amendments.

Accordingly, the Florida Rules of Traffic Court are amended as reflected in the appendix to this opinion. New language is indicated by underscoring; deletions are indicated by struck-through type. The committee note is offered for explanation only and is not adopted as an official part of the rules. The amendments shall take effect immediately upon the release of this opinion. 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.³

It is so ordered.

APPENDIX

FOOTNOTES

1.    See Fla. R. Jud. Admin. 2.140(e)(1).

2.    See art. V, § 2(a), Fla. Const.

3.    All comments must be filed with the Court on or before January 28, 2020, with a certificate of service verifying that a copy has been served on the Committee Chair, Ira D. Karmelin, 3897 N. Haverhill Road, Suite 127, West Palm Beach, Florida 33417-8337, dui-help@comcast.net, and on the Bar Staff Liaison to the Committee, Heather Savage Telfer, 651 E. Jefferson Street, Tallahassee, Florida 32399-2300, htelfer@floridabar.org, 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 February 18, 2020, 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 hand-deliver 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.

PER CURIAM.

CANADY, C.J., and POLSTON, LABARGA, LAWSON, LAGOA, LUCK, and MUÑIZ, JJ., concur.