By Amy Dilday
March was a month filled with rule amendments. While these opinions can be easily passed over as routine, at least one provided an interesting answer to this question: what two animals are approved for use as service animals in the courts? You may be surprised by the answer. See In re: Amendments to Fla. R. of Gen. Prac. & Jud. Admin. 2.540, No. SC22-1277 (Fla. Mar. 23, 2023). Another provided an entirely new rule of civil procedure governing jury requests to review testimony. In re: Amendments to Fla. R. Civ. P. 1.453,No. SC2022-0803 (Fla. Mar. 30, 2023). That same opinion also caused this author to wonder whether official case numbers have been changed to reflect the full year of publication? The slip opinion was numbered SC2022-0803. Stay tuned, we may have an answer in April!
A.C. v. Dep’t of Children & Families, No. SC22-1519 (Fla. Mar. 2, 2023). On a pro se petitioner’s petition for writ of mandamus, the court sanctioned the petitioner for continuing to file meritless pleadings after an order barring her from doing so was entered and she filed an untimely response to the court’s order to show cause.
Green v. Dixon, No. SC22-1388 (Fla. Mar. 16, 2023). In Green, the supreme court sanctioned a state inmate by directing the clerk to reject further pro se filings for his “extensive history” of filing meritless petitions and requests for relief.
Sanchez-Torres v. State, No. SC23-322 (Fla. Mar. 16, 2023). Affirming the denial of a successive postconviction motion because it raised no new issues, and the alleged new evidence was not new and had no effect on the basis for the death sentence.
Rules Amendments:
In re: Amendments to Fla. S. Ct. Approved Family Law Forms—12.975(a)-(c), SC22-1737 (Fla. Mar. 2, 2023). The Florida Bar Family Law Rules Committee amended Form 12.975(a) (dealing with grandparent visitation) and added Forms (b) and (c). The supreme court adopted the committee’s recommendations (with changes to only the e-service requirements), but re-designated the forms as Florida Supreme Court Approved Family Law Forms. The re-designation removed them from the rulemaking procedures of Florida Rule of General Practice and Judicial Administration 2.140. Comments are due on or before May 16, 2023.
In re: Amendments to R. Regulating Fla. Bar – Miscellaneous,No. SC22-1292 (Fla. Mar. 16, 2023). As the name state, various amendments to the rules. Rule 1-3.5 is reorganized to add subdivision (b) (Practice of Law Prohibited), which explains the requirements for retired Bar members. Rule 1-3.7(f) (Members Delinquent for 60 Days or Less) is amended to treat failure to file trust account compliance certificates as an administrative delinquency. Rule 2-9.7 adds the words “current and former” to insurance and indemnification language for persons acting on behalf of the Bar. Rule 4-1.6’s subdivision (b)(2) is amended to reflect that confidential information must be disclosed to prevent death or bodily harm to anyone, including a client, and a new subdivision (c)(7) was added to permit the disclosure of confidential information to the extent necessary to respond to online allegations that a lawyer engaged in criminal conduct. Rule 5-1.1, subdivision (g)(1)(E) is amended to expand the definition of interest- or dividend-bearing trust accounts to include business or commercial deposit accounts; subdivision (g)(5)(A) is amended to require eligible institutions to maintain the highest interest rate or dividend generally available when an IOTA account meets the minimum balance qualifications; and subdivision (g)(5)(B) requires institutions to tie IOTA interest rates to specific indexed rate points. Rule 11-1.2(f), relating to indigency is deleted because existing statutes and other standards provide the necessary guidance. Also, Rule 11.1.8 is deleted, and Rules 11-1.9 and 11-1.10 are renumbered accordingly. Rule 19-1.5 is deleted, and Rule 20-5.1 has a new subdivision(h), which governs Florida Registered Paralegals. These changes are effective May 15, 2023.
In re: Amendments to Fla. R. App P.,No. SC22-1784 (Fla. Mar. 16, 2023). In this opinion, the court amends Rules 9.140, 9.141, 9.142, 9.146, and 9.310 to provide “consistent and accurate” reference to the clerk of the circuit court and to provide greater clarity overall. Rules 9.145 and 9.146, regarding confidential information, were amended to remove references to paper documents and to refer to Fla. R. Gen. Prac. & Jud. Admin. 2.420. The changes are effective July 1, 2023.
In re: Amendments to Fla. R. App P.,No. SC22-1785 (Fla. Mar. 16, 2023). This opinion amends Rule 9.190(d)’s requirements for seeking attorney’s fees in administrative appeals and adds a reference to Rule 9.400. Rule 9.400 is amended to tie the deadline for a motion for attorney’s fees in discretionary proceedings with the date jurisdictional briefs are due in the supreme court. This change recognizes a prior change to Rule 9.120(d), which now requires jurisdictional briefs in all discretionary proceedings seeking review of a district court of appeal decision. Rule 9.440(c) is revised to state that the form in Rule 9.900(n) is to be used for notice of an attorney’s ` termination of limited appearances and subdivision (d) is revised to conform with Rule of Gen. Prac. & Jud. Admin. 2.505, which allows withdrawal without leave of court if the substituting attorney is from the same firm or agency. These amendments are effective July 1, 2023.
In re: Amendments to Fla. R. Juv. P. 8.245, 8.250, and Form 8.961,No. SC22-1125 (Fla. Mar. 23, 2023). In this opinion, the supreme court amended Rule 8.245 to clarify that it applies to electronic discovery and email service, and to change the time for serving notice of intent to serve a subpoena to 10 days and time for service by email for 15 days. Rule 8.250 is amended to distinguish between pre- and post- dependency adjudication evaluations. Finally, form 8.961 is amended to allow the court to indicate whether active-duty military members were notified of protections available under the Servicemember Civil Relief Act. The amendments become effective July 1, 2023.
In re: Amendments to Fla. R. of Gen. Prac. & Jud. Admin. 2.540, No. SC22-1277 (Fla. Mar. 23, 2023). In this opinion, the supreme court added subsections to include the use of service and emotional support animals in court. The new language defines “service animals” as “any dog or miniature horse that is individually trained to do work or perform tasks for the benefit of an individual with a disability ….” An emotional support animal is defined as a “companion animal that provides needed emotional support, well-being, or comfort to an individual in the form of affection and companionship.” In general, advance notice should be given to the court when an individual intends to seek accommodations using service or emotional support animals. Failure to give advance notice could result in denial of the right to use an emotional support animal in court, but will not preclude the use of a service animal. The amendments become effective July 1, 2023.
In re: Amendments to Fla. R. Civ. P. 1.453, No. SC2022-0803 (Fla. Mar. 30, 2023). Florida Rule of Civil Procedure 1.453 is a new rule that governs requests from the jury to review testimony. Under the rule, upon a juror’s request, the court has the discretion to read or play back testimony in open court, after notice is given to counsel for the parties. The court also has the option of responding to the request in writing (with the parties having the right to object on the record) or denying the request altogether. The jury, however, is not permitted to review the trial transcripts. This rule became effective immediately on release of the opinion.
