IN RE: AMENDMENTS TO THE FLORIDA RULES OF TRAFFIC COURT-RULE 6.040.
Original Proceeding - Florida Rules of Traffic Court
Karmelin, Chair, Traffic Court Rules Committee, West Palm
Beach, Florida; and Joshua E. Doyle, Executive Director, and
Heather Savage Telfer, Staff Liaison, The Florida Bar,
Tallahassee, Florida, for Petitioner
Court has for consideration amendments to Florida Rule of
Traffic Court 6.040 (Definitions) proposed by The Florida
Bar's Traffic Court Rules Committee and approved by
the Board of Governors of The Florida Bar. The Court has
jurisdiction and adopts the amendments as proposed.
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.
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.
CANADY, CJ, and POLSTON, LABARGA, LAWSON, LAGOA, LUCK, and
MUÑIZ, JJ, concur
FILING OF A MOTION FOR REHEARING SHALL NOT ALTER THE
EFFECTIVE DATE OF THESE AMENDMENTS.
following definitions apply:
"Cancellation" means the act of declaring a
driver license void and terminated.
(b)"Clerk" means clerk of the initiating court or