IN RE: AMENDMENTS TO the FLORIDA RULES OF CIVIL PROCEDURE–2019 REGULAR-CYCLE REPORT. (2019)

We have for consideration The Florida Bar's Civil Procedure Rules Committee's (the Committee) regular-cycle report of proposed amendments to the Florida Rules of Civil Procedure. See Fla. R. Jud. Admin. 2.140(b). We have jurisdiction ¹ and adopt the majority of the Committee's proposals.

BACKGROUND

The Committee proposes amendments to rules 1.090 (Time); 1.350 (Production of Documents and Things and Entry Upon Land for Inspection and Other Purposes); 1.380 (Failure to Make Discovery; Sanctions); 1.442 (Proposals for Settlement); 1.510 (Summary Judgment); 1.540 (Relief from Judgment, Decrees, or Orders); 1.610 (Injunctions); 1.650 (Medical Malpractice Presuit Screening Rule); 1.730 (Completion of Mediation); 1.830 (Voluntary Binding Arbitration); forms 1.902 (Summons); 1.923 (Eviction Summons/Residential); 1.984 (Juror Voir Dire Questionnaire); 1.996(a) (Final Judgment of Foreclosure); 1.996(b) (Final Judgment of Foreclosure for Reestablishment of Lost Note); and Appendix I—Standard Interrogatories Forms, form 1 (General Personal Injury Negligence—Interrogatories to Plaintiff), and form 2 (General Personal Injury Negligence—Interrogatories to Defendant). The Committee also proposes new rule 1.535 (Remittitur and Additur) and new form 1.952 (Proposal for Settlement). Consistent with Florida Rule of Judicial Administration 2.140(b)(2), the Committee published its proposals for comments prior to filing them with the Court. The Committee received one comment concerning proposed new form 1.952 (Proposal for Settlement), but the Committee declined to revise its proposal. The Board of Governors of The Florida Bar unanimously approved all the Committee's proposals. After the Committee filed its report, the Court published the proposals for comments. The Court received two comments. One comment suggested a revision to proposed new rule 1.535 (Remittitur and Additur). The other addressed the proposed amendments to rule 1.442 (Proposals for Settlement). After considering the comments, the Committee revised proposed new rule 1.535 but declined to revise the proposed amendment to rule 1.442.

AMENDMENTS

After considering the Committee's proposals, the comments thereon, and the Committee's response, we adopt the majority of the Committee's proposals. We adopt proposed new rule 1.535 (Remittitur and Additur) with some modifications. We decline, at this time, to amend rule 1.442 (Proposals for Settlement) and to adopt proposed new form 1.952 (Proposal for Settlement). We discuss the more significant amendments below.²

Subdivision (b)(1) (Failure to Comply with Order) of rule 1.380 (Failure to Make Discovery; Sanctions) is amended to allow courts to find a deponent in contempt if he or she refuses to obey a court order directing the deponent to produce documents.

Subdivision (a) of new rule 1.535 (Remittitur and Additur) requires a party to serve a motion for remittitur or additur within the time provided in rule 1.530(b) and requires the motion to specify the applicable law that is the basis of the motion, the amount the movant contends the verdict should be, and either the specific evidence that supports the amount stated or a statement of the improper elements of damages. Subdivision (b) of the new rule, which we have revised, requires that if a motion for remittitur or additur is granted, the court must state the specific statutory criteria relied on when granting the motion. Finally, subdivision (c) of the new rule provides that any party that is adversely affected by an order granting remittitur or additur may reject the award and elect a new trial on the issue of damages only within fifteen days of such order.

Subdivision (b) (Mistakes; Inadvertence; Excusable Neglect; Newly Discovered Evidence; Fraud; etc.) of rule 1.540 (Relief from Judgment, Decrees, or Orders) is amended to clarify that the term “judgment” includes final “orders” for purposes of rule 1.540(b)(4).

Rule 1.610 (Injunctions) is amended to provide that if an order granting a temporary injunction fails to provide a timeframe within which the bond must be posted, the bond shall be posted within five days of entry of the order setting the bond.

Form 1.984 (Juror Voir Dire Questionnaire) is amended to include a new paragraph 6 that asks the level of education of the juror. The rest of the paragraphs are renumbered to accommodate the new paragraph.

Finally, paragraph 6 of forms 1.996(a) (Final Judgment of Foreclosure) and 1.996(b) (Final Judgment of Foreclosure for Reestablishment of Lost Note) is amended to clarify that the person named on the certificate of title will be let into possession of the property “subject to the rights of a tenant occupying residential premises pursuant to section 83.561, Florida Statutes” by adding the quoted language at the end of the paragraph. This is to comply with section 83.561(1)(c), Florida Statutes (2019) (Termination of Rental Agreement upon Foreclosure), and to make readers aware of the statute.

CONCLUSION

Accordingly, we amend the Florida Rules of Civil Procedure 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 and guidance only and are not adopted as an official part of the rules. The amendments shall become effective January 1, 2020, at 12:01 a.m.

It is so ordered.

THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER THE EFFECTIVE DATE OF THESE AMENDMENTS.

APPENDIX

FOOTNOTES

1.   See art. V, § 2(a), Fla. Const.

2.   A number of nonsubstantive editorial amendments are made throughout the rules and forms.

PER CURIAM.

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