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In re Amendments to Florida Rules of Traffic Court-Rule 6.040

Supreme Court of Florida

November 14, 2019

IN RE: AMENDMENTS TO THE FLORIDA RULES OF TRAFFIC COURT-RULE 6.040.

          Original Proceeding - Florida Rules of Traffic Court

          Ira D. 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

          PER CURIAM.

         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.

          CANADY, CJ, and POLSTON, LABARGA, LAWSON, LAGOA, LUCK, and MUÑIZ, JJ, concur

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

         APPENDIX

         RULE 6.040. DEFINITIONS

         The following definitions apply:

         (a) "Cancellation" means the act of declaring a driver license void and terminated.

         (b)"Clerk" means clerk of the initiating court or ...


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