IN RE: AMENDMENTS TO the FLORIDA RULES OF CIVIL PROCEDURE—EVICTION (2021)

The Florida Bar's Civil Procedure Rules Committee filed a report proposing amendments to existing form 1.923 (Eviction Summons—Residential), and the addition of new forms 1.923(b) (Summons Action for Back Rent and Damages) and 1.947(b) (Answer—Residential Eviction). The Court having considered the proposed amendments, the comments filed, and the Committee's response, declines to amend form 1.923, or to add new forms 1.923(b) and 1.947(b) at this time. The Court agrees with the Committee and the Housing Umbrella Group on the importance of tenants being informed of their right to a jury trial in eviction proceedings. But the Court shares the concerns of the Conference of County Court Judges’ that, absent additional disclosures, the jury trial “checkbox” in proposed new form 1.947(b) could result in tenants opting for a jury trial without a sufficient understanding of the consequences of such a choice.

The Court therefore asks that the Committee revisit the jury trial disclosure and selection issue in form 1.947(b), as well as in the other two proposed forms if necessary, and that it file a new report containing its revised proposals. Possible solutions may include either removing the checkbox from the form and adding a disclosure regarding the right to a jury trial in eviction proceedings or retaining the checkbox and adding a succinct disclosure on the potential ramifications of selecting a jury trial. These approaches are offered as mere suggestions only and are not intended in any way to limit the Committee's consideration of how best to address the issue. The Court thanks the Committee for its attention to this matter and greatly appreciates its work to date on these forms.

Accordingly, this case is hereby dismissed.

A True Copy

Test:

John A. Tomasino

Clerk, Supreme Court

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