Opinion
SC21-990
07-14-2022
IN RE: AMENDMENTS TO FLORIDA RULES OF CIVIL PROCEDURE, FLORIDA RULES OF GENERAL PRACTICE AND JUDICIAL ADMINISTRATION, FLORIDA RULES OF CRIMINAL PROCEDURE, FLORIDA PROBATE RULES, FLORIDA RULES OF TRAFFIC COURT, FLORIDA SMALL CLAIMS RULES, AND FLORIDA RULES OF APPELLATE PROCEDURE.
Judge Lisa T. Munyon, Chair, Workgroup on the Continuity of Court Operations, Orlando, Florida, and Kristina D. White, Chief of Innovations & Outreach Unit, Office of the State Courts Administrator, Tallahassee, Florida, for Petitioner Gabrielle Walthers, Clearwater, Florida; Armelle Keppler, Clearwater, Florida; Mark Ferguson, Clearwater, Florida; Patti Thompson, Clearwater, Florida; Art Neumann, Clearwater, Florida; Timothy Carleton, Clearwater, Florida; Betty L. Carleton, Clearwater, Florida; LaVonna Bledsoe, Belleair Bluffs, Florida; LaFonda Gorham, Clearwater, Florida; Barbara Benton, Clearwater, Florida; Janie Gibson, Clearwater, Florida; John P. Reed, Clearwater, Florida; Carlos Lores, Clearwater, Florida; Claire Coziahr, Clearwater, Florida; Santiago F. Lampón, Clearwater, Florida; Barry Coziahr, Clearwater, Florida; Mickey Pearson, Clearwater, Florida; Kathy Wach, Largo, Florida; Don Meuse, Palm Harbor, Florida; Steven L. Sherman, Clearwater, Florida; Gordon Baird, Clearwater, Florida; Diane Stein, on behalf of Citizens Commission on Human Rights of Florida, Clearwater, Florida; Maryann Ortenzio, Clearwater, Florida; Pam van der Linde, Clearwater, Florida; Barry Jaye, Clearwater, Florida; Ellen Stevenson, Dunedin, Florida; Patrice DiMartino, Clearwater, Florida; Eileen A. Heishman, Largo, Florida; Debra Witter, Dunedin, Florida; Brent Wolfson, Clearwater, Florida; Travis Stracener, Clearwater, Florida; Maurine Stracener, Clearwater, Florida; Colleen Stracener, Clearwater, Florida; Denise Weiss, Clearwater, Florida; Valorie Vogel, Homosassa, Florida; Colby Stracener, Clearwater, Florida; Joy Gendusa, on behalf of PostcardMania, Clearwater, Florida; Catherine Neumann, Clearwater, Florida; Jane L. Dodson, Clearwater, Florida; Don Strom, Clearwater, Florida; Sam Gendusa, Clearwater, Florida; Maggie Ramler, Clearwater, Florida; Bonnie DiMartino, Clearwater, Florida; Louise and Gregg Forscher, Dunedin, Florida; Janet Nelson, Largo, Florida; Terry Garcia, Clearwater, Florida; Armelle Keppler, Clearwater, Florida; Judi Blum, Clearwater, Florida; Michael Simmons, Tampa, Florida; James Makan, Clearwater, Florida; Jacinthe Daigle, Clearwater, Florida; James Monroe Justice, Clearwater, Florida; Nicky Baker, Clearwater, Florida; Patrick Balvin, Clearwater, Florida; Douglas L. Wilson of The Wilson Law Firm, Naples, Florida; Judith Reed, Largo, Florida; Milton James, Clearwater, Florida; Janet K. Stephens, Clearwater, Florida; John Pison, Clearwater, Florida; Nathalie Ohana, Clearwater, Florida; Simon M. Harrison, Fort Myers, Florida; Carol A. Fischer, Clearwater, Florida; Jo Fuller, Clearwater, Florida; Kendra Copelan, Clearwater, Florida; Darlene Schneider, Clearwater, Florida; Kathy Sweigart, Florida; Joel Anderson, Clearwater, Florida; Victoria Silver, Clearwater, Florida; Larry Silver, Clearwater, Florida; Jennifer L. Welton, Palm Harbor, Florida; Annette Welton, Palm Harbor, Florida; William R. Welton, Palm Harbor, Florida; Alvan Balent, Jr., Miami, Florida; A. Michelle Jernigan of Upchurch Watson White & Max, Maitland, Florida; Sabrina Puglisi, on behalf of the Miami-Dade Bar, Miami, Florida; Lance V. Curry III, Chair, Civil Procedure Rules Committee, Tampa, Florida, and Jason P. Stearns, Past Chair, Civil Procedure Rules Committee, Tampa, Florida; Stephanie C. Zimmerman, Chair, Juvenile Court Rules Committee, Bradenton, Florida, and Candice K. Brower, Past Chair, Juvenile Court Rules Committee, Gainesville, Florida;A.J. Decker IV, Chair, Traffic Court Rules Committee, Lake City, Florida, and Carter T. Hillstrom, Past Chair, Traffic Court Rules Committee, Fort Lauderdale, Florida; Hon. Andrew D. Manko, Chair, Appellate Court Rules Committee, Tallahassee, Florida, and Laura A. Roe, Past Chair, Appellate Court Rules Committee, St. Petersburg, Florida; James Grier Pressly III, Co-Chair, Florida Probate Rules Committee, Palm Beach, Florida, Stacy B. Rubel, Co-Chair, Florida Probate Rules Committee, Coral Gables, Florida, and Cady L. Huss, Past Chair, Florida Probate Rules Committee, Sarasota, Florida; Cynthia Cohen, Chair, Criminal Procedure Rules Committee, West Palm Beach, Florida, and Alan Scott Apte, Past Chair, Criminal Procedure Rules Committee, Orlando, Florida; Cristen H. Martinez, Chair, Small Claims Rules Committee, Lutz, Florida, and Kevin McKinley Stone, Past Chair, Small Claims Rules Committee, Mount Dora, Florida; Hon Stephen R. Jewett, Chair, Rules of General Practice and Judicial Administration Committee, Orlando, Florida, and Stanford R. Solomon, Past Chair, Rules of General Practice and Judicial Administration Committee, Tampa, Florida; Patrick Russell, Chair, Alternative Dispute Resolution Section of The Florida Bar, Miami, Florida; Jason B. Blank, Chair, Criminal Law Section of The Florida Bar, Fort Lauderdale, Florida, and Michael Ufferman, Chair, Comments Committee, Criminal Law Section of The Florida Bar, Tallahassee, Florida; Gary S. Lesser, President, The Florida Bar, Jacksonville, Florida, Michael G. Tanner, Past President, Jacksonville, Florida, Joshua E. Doyle, Executive Director, The Florida Bar, Krys Godwin and Mikalla Andies Davis, Bar Liaisons, The Florida Bar, Tallahassee, Florida; Judge Michael S. Orfinger, Chair, Committee on Alternative Dispute Resolution Rules and Policy, Daytona Beach, Florida, and Thomas A. David, Chief, Dispute Resolution Center, Tallahassee, Florida; Robert Wayne Evans of Allen, Norton & Blue, on behalf of Florida Sheriffs Association, Tallahassee, Florida; Katherine Alteneder on behalf of Self-Represented Litigation Network, Washington, District of Columbia; Peter Sleasman of Disability Rights Florida, Gainesville, Florida, Ann Siegel of Disability Rights Florida, Hollywood, Florida, Anthony DePalma of Disability Rights Florida, Tallahassee, Florida, Caitlyn Clibbon of Disability Rights Florida, Tallahassee, Florida, and Kathryn Strobach of Disability Rights Florida, Hollywood, Florida; Connie Bookman and Dominic C. MacKenzie on behalf of The Florida Bar Foundation, Maitland, Florida; Robert Wesley, Public Defender, David L. Redfearn, Catherine Conlon, and Robert T. Adams IV, Assistant Public Defenders, Ninth Judicial Circuit, Orlando, Florida; Christopher Buerger on behalf of National Legal Aid & Defender Association, Washington, District of Columbia; Howard L. Dimmig II, Carlos J. Martinez, and John Eddy Morrison, on behalf of Florida Public Defender Association, Inc., Miami, Florida; Meah R. Tell, Tamarac, Florida; Kelly R. Melchiondo, on behalf of Bilzin Sumberg Baena Price & Axelrod LLP, Miami, Florida; Anthony C. Musto, on behalf of Florida Civil Legal Aid Association, Hallandale Beach, Florida, Monica Vigues-Pitan, and Leslie N. Powell, on behalf of Florida Civil Legal Aid Association, Miami, Florida; Martha Lenderman, Dunedin, Florida; Siobhan H. Shea of Sheappeals PLLC, Palm Beach, Florida, and Susan Stefan, Rutland, Massachusetts, Responding with comments
Original Proceeding - Florida Rules of Civil Procedure, Florida Rules of General Practice and Judicial Administration, Florida Rules of Criminal Procedure, Florida Probate Rules, Florida Rules of Traffic Court, Florida Small Claims Rules, and Florida Rules of Appellate Procedure
Judge Lisa T. Munyon, Chair, Workgroup on the Continuity of Court Operations, Orlando, Florida, and Kristina D. White, Chief of Innovations & Outreach Unit, Office of the State Courts Administrator, Tallahassee, Florida, for Petitioner
Gabrielle Walthers, Clearwater, Florida; Armelle Keppler, Clearwater, Florida; Mark Ferguson, Clearwater, Florida; Patti Thompson, Clearwater, Florida; Art Neumann, Clearwater, Florida; Timothy Carleton, Clearwater, Florida; Betty L. Carleton, Clearwater, Florida; LaVonna Bledsoe, Belleair Bluffs, Florida; LaFonda Gorham, Clearwater, Florida; Barbara Benton, Clearwater, Florida; Janie Gibson, Clearwater, Florida; John P. Reed, Clearwater, Florida; Carlos Lores, Clearwater, Florida; Claire Coziahr, Clearwater, Florida; Santiago F. Lampón, Clearwater, Florida; Barry Coziahr, Clearwater, Florida; Mickey Pearson, Clearwater, Florida; Kathy Wach, Largo, Florida; Don Meuse, Palm Harbor, Florida; Steven L. Sherman, Clearwater, Florida; Gordon Baird, Clearwater, Florida; Diane Stein, on behalf of Citizens Commission on Human Rights of Florida, Clearwater, Florida; Maryann Ortenzio, Clearwater, Florida; Pam van der Linde, Clearwater, Florida; Barry Jaye, Clearwater, Florida; Ellen Stevenson, Dunedin, Florida; Patrice DiMartino, Clearwater, Florida; Eileen A. Heishman, Largo, Florida; Debra Witter, Dunedin, Florida; Brent Wolfson, Clearwater, Florida; Travis Stracener, Clearwater, Florida; Maurine Stracener, Clearwater, Florida; Colleen Stracener, Clearwater, Florida; Denise Weiss, Clearwater, Florida; Valorie Vogel, Homosassa, Florida; Colby Stracener, Clearwater, Florida; Joy Gendusa, on behalf of PostcardMania, Clearwater, Florida; Catherine Neumann, Clearwater, Florida; Jane L. Dodson, Clearwater, Florida; Don Strom, Clearwater, Florida; Sam Gendusa, Clearwater, Florida; Maggie Ramler, Clearwater, Florida; Bonnie DiMartino, Clearwater, Florida; Louise and Gregg Forscher, Dunedin, Florida; Janet Nelson, Largo, Florida; Terry Garcia, Clearwater, Florida; Armelle Keppler, Clearwater, Florida; Judi Blum, Clearwater, Florida; Michael Simmons, Tampa, Florida; James Makan, Clearwater, Florida; Jacinthe Daigle, Clearwater, Florida; James Monroe Justice, Clearwater, Florida; Nicky Baker, Clearwater, Florida; Patrick Balvin, Clearwater, Florida; Douglas L. Wilson of The Wilson Law Firm, Naples, Florida; Judith Reed, Largo, Florida; Milton James, Clearwater, Florida; Janet K. Stephens, Clearwater, Florida; John Pison, Clearwater, Florida; Nathalie Ohana, Clearwater, Florida; Simon M. Harrison, Fort Myers, Florida; Carol A. Fischer, Clearwater, Florida; Jo Fuller, Clearwater, Florida; Kendra Copelan, Clearwater, Florida; Darlene Schneider, Clearwater, Florida; Kathy Sweigart, Florida; Joel Anderson, Clearwater, Florida; Victoria Silver, Clearwater, Florida; Larry Silver, Clearwater, Florida; Jennifer L. Welton, Palm Harbor, Florida; Annette Welton, Palm Harbor, Florida; William R. Welton, Palm Harbor, Florida; Alvan Balent, Jr., Miami, Florida; A. Michelle Jernigan of Upchurch Watson White & Max, Maitland, Florida; Sabrina Puglisi, on behalf of the Miami-Dade Bar, Miami, Florida; Lance V. Curry III, Chair, Civil Procedure Rules Committee, Tampa, Florida, and Jason P. Stearns, Past Chair, Civil Procedure Rules Committee, Tampa, Florida; Stephanie C. Zimmerman, Chair, Juvenile Court Rules Committee, Bradenton, Florida, and Candice K. Brower, Past Chair, Juvenile Court Rules Committee, Gainesville, Florida;A.J. Decker IV, Chair, Traffic Court Rules Committee, Lake City, Florida, and Carter T. Hillstrom, Past Chair, Traffic Court Rules Committee, Fort Lauderdale, Florida; Hon. Andrew D. Manko, Chair, Appellate Court Rules Committee, Tallahassee, Florida, and Laura A. Roe, Past Chair, Appellate Court Rules Committee, St. Petersburg, Florida; James Grier Pressly III, Co-Chair, Florida Probate Rules Committee, Palm Beach, Florida, Stacy B. Rubel, Co-Chair, Florida Probate Rules Committee, Coral Gables, Florida, and Cady L. Huss, Past Chair, Florida Probate Rules Committee, Sarasota, Florida; Cynthia Cohen, Chair, Criminal Procedure Rules Committee, West Palm Beach, Florida, and Alan Scott Apte, Past Chair, Criminal Procedure Rules Committee, Orlando, Florida; Cristen H. Martinez, Chair, Small Claims Rules Committee, Lutz, Florida, and Kevin McKinley Stone, Past Chair, Small Claims Rules Committee, Mount Dora, Florida; Hon Stephen R. Jewett, Chair, Rules of General Practice and Judicial Administration Committee, Orlando, Florida, and Stanford R. Solomon, Past Chair, Rules of General Practice and Judicial Administration Committee, Tampa, Florida; Patrick Russell, Chair, Alternative Dispute Resolution Section of The Florida Bar, Miami, Florida; Jason B. Blank, Chair, Criminal Law Section of The Florida Bar, Fort Lauderdale, Florida, and Michael Ufferman, Chair, Comments Committee, Criminal Law Section of The Florida Bar, Tallahassee, Florida; Gary S. Lesser, President, The Florida Bar, Jacksonville, Florida, Michael G. Tanner, Past President, Jacksonville, Florida, Joshua E. Doyle, Executive Director, The Florida Bar, Krys Godwin and Mikalla Andies Davis, Bar Liaisons, The Florida Bar, Tallahassee, Florida; Judge Michael S. Orfinger, Chair, Committee on Alternative Dispute Resolution Rules and Policy, Daytona Beach, Florida, and Thomas A. David, Chief, Dispute Resolution Center, Tallahassee, Florida; Robert Wayne Evans of Allen, Norton & Blue, on behalf of Florida Sheriffs Association, Tallahassee, Florida; Katherine Alteneder on behalf of Self-Represented Litigation Network, Washington, District of Columbia; Peter Sleasman of Disability Rights Florida, Gainesville, Florida, Ann Siegel of Disability Rights Florida, Hollywood, Florida, Anthony DePalma of Disability Rights Florida, Tallahassee, Florida, Caitlyn Clibbon of Disability Rights Florida, Tallahassee, Florida, and Kathryn Strobach of Disability Rights Florida, Hollywood, Florida; Connie Bookman and Dominic C. MacKenzie on behalf of The Florida Bar Foundation, Maitland, Florida; Robert Wesley, Public Defender, David L. Redfearn, Catherine Conlon, and Robert T. Adams IV, Assistant Public Defenders, Ninth Judicial Circuit, Orlando, Florida; Christopher Buerger on behalf of National Legal Aid & Defender Association, Washington, District of Columbia; Howard L. Dimmig II, Carlos J. Martinez, and John Eddy Morrison, on behalf of Florida Public Defender Association, Inc., Miami, Florida; Meah R. Tell, Tamarac, Florida; Kelly R. Melchiondo, on behalf of Bilzin Sumberg Baena Price & Axelrod LLP, Miami, Florida; Anthony C. Musto, on behalf of Florida Civil Legal Aid Association, Hallandale Beach, Florida, Monica Vigues-Pitan, and Leslie N. Powell, on behalf of Florida Civil Legal Aid Association, Miami, Florida; Martha Lenderman, Dunedin, Florida; Siobhan H. Shea of Sheappeals PLLC, Palm Beach, Florida, and Susan Stefan, Rutland, Massachusetts, Responding with comments
PER CURIAM
This matter is before the Court for consideration of proposed amendments to the Florida Rules of Civil Procedure, the Florida Rules of General Practice and Judicial Administration, the Florida Rules of Criminal Procedure, the Florida Probate Rules, the Florida Rules of Traffic Court, the Florida Small Claims Rules, and the Florida Rules of Appellate Procedure. The proposed amendments, which we adopt with modifications, provide permanent and broader authorization for the remote conduct of certain court proceedings.
We have jurisdiction. See art. V, § 2(a), Fla. Const.
I. BACKGROUND
Following the onset of the COVID-19 pandemic in 2020, the Court established the Workgroup on the Continuity of Court Operations and Proceedings During and After COVID-19 (Workgroup) "to develop findings and recommendations on the continuation of all court operations and proceedings statewide in a manner that protects health and safety and that addresses each [phase] of the pandemic." In re: Workgroup on the Continuity of Court Operations and Proceedings During and After COVID-19 , Fla. Admin. Order No. AOSC20-28 (April 21, 2020). The Workgroup was also directed to "[i]dentify whether certain proceedings, due to efficiencies beneficial to stakeholders, could continue to be conducted remotely when COVID-19 no longer presents a significant risk to public health and safety," and the Workgroup was authorized to propose the necessary rule changes. Id.; see also In re: Workgroup on the Continuity of Court Operations and Proceedings During and After COVID-19 , Fla. Admin. Order No. AOSC20-110 (November 23, 2020).
The Workgroup determined that permanent, broader authorization for remote proceedings was warranted based on the positive outcomes and efficiencies observed during the pandemic. Therefore, the Workgroup filed the petition at issue in this case.The Court published the proposed amendments for comment in the August 1, 2021, edition of The Florida Bar News. Numerous comments were filed, and the Workgroup filed a response suggesting extensive revisions based on the comments.
While working to refine its proposals, the Workgroup identified the need for greater subject matter expertise for the proposed amendments in the areas of delinquency, dependency, and family law. Therefore, the Chief Justice referred responsibility for the review, revision, and finalization of proposed amendments in these areas to the Steering Committee on Families and Children in the Court. The Steering Committee's petition and proposed amendments are addressed in our decision in In re Amendments to Florida Rules of Juvenile Procedure, Florida Family Law Rules of Procedure, & Florida Supreme Court Approved Family Law Forms, Case No. SC22-1 (Fla. July 14, 2022), which is also released today.
Having considered the proposed amendments, the comments, the Workgroup's response, and oral argument, the Court hereby adopts, with several changes, the Workgroup's proposals as modified by the Workgroup in response to the comments. We discuss some of the significant amendments below as well as the significant changes to the Workgroup's proposals.
II. AMENDMENTS
A general authorization for court proceedings through communication technology now appears in Florida Rule of General Practice and Judicial Administration 2.530 (Communication Technology) and applies unless another rule of procedure or general law governs. However, contrary to the Workgroup's recommendation, we exclude Baker Act hearings from this general authorization to ensure that court procedure reflects this Court's constitutional holding in Doe v. State, 217 So.3d 1020, 1026 (Fla. 2017), that "[t]he right to be present at an involuntary commitment hearing is a fundamental due process right."
The substantially rewritten rule 2.530 defines communication technology and allows a court official to authorize its use upon a party's written motion or at the discretion of the court official. A party may file an objection in writing within 10 days or within a period directed by the court official. But the court official is required to grant a motion to use communication technology for non-evidentiary proceedings scheduled for 30 minutes or less absent good cause to deny it. Under the amendments to rule 2.530, a motion to present testimony through communication technology is required to set forth good cause and specify whether each party consents to the form requested. However, only audio-video communication technology (as opposed to audio communication technology) is authorized for the testimony of a person whose mental capacity or competency is at issue. The rule also allows the oath to be administered through audio-video communication technology by a person not physically present with the witness. Additionally, the rule allows prospective jurors to participate through communication technology to determine whether they will be disqualified, be excused, or have their service postponed. And rule 2.530 allows prospective jurors to participate in voir dire and empaneled jurors to participate in a trial through audio-video communication technology when authorized by another rule of procedure.
Among other amendments to the Florida Rules of General Practice and Judicial Administration, rule 2.516 (Service of Pleadings and Documents) is amended to require non-represented parties to designate an e-mail address to which service must be directed unless the party is in custody or the party is excused by the clerk of court from e-mail service after declaring that the party does not have an e-mail account or does not have regular access to the internet. New forms are adopted for non-represented parties to request to be excused from e-mail service, to designate an e-mail address, and to change a mailing address or e-mail address. We modify the Workgroup's proposals to automatically excuse non-represented parties in custody from the requirements of e-mail service.
New Florida Rule of Criminal Procedure 3.116 (Use of Communication Technology) addresses the use of communication technology in criminal proceedings with delineated exceptions covered by other criminal rules. Except for its communication technology definitions, rule 2.530 does not apply in criminal proceedings. Upon the court's own motion or upon a party's written request, rule 3.116 authorizes a judge to direct that communication technology may be used by one or more parties for pretrial conferences, but the defendant or defendant's counsel must waive the defendant's physical attendance at pretrial conferences pursuant to rules 3.180(a)(3) and 3.220(o)(1). And rule 3.116 authorizes the judge to allow the taking of testimony through communication technology if all parties consent and the defendant waives any otherwise applicable confrontation rights.
New Florida Rule of Civil Procedure 1.430(d) (Juror Participation Through Audio-Video Communication Technology) allows prospective jurors to participate in voir dire and empaneled jurors to participate in civil trials through audio-video communication when stipulated by the parties in writing and authorized by the court. Depositions can be taken via communication technology under Florida Rule of Civil Procedure 1.310 (Depositions Upon Oral Examination) when ordered by the court or without leave of court if stipulated by the parties. And the use of communication technology is authorized in mediation and arbitration by stipulation of the parties or by court order under Florida Rule of Civil Procedure 1.700 (Rules Common to Mediation and Arbitration).
Further, as for the Florida Small Claims Rules, we amend rule 7.150(b) to allow jurors in small claims cases to participate in voir dire and trials via audio-video communication technology when stipulated by the parties in writing and authorized by the court. We also amend Florida Rule of Appellate Procedure 9.320 (Oral Argument) to address remote oral argument.
III. CONCLUSION
Accordingly, the Florida Rules of Civil Procedure, the Florida Rules of General Practice and Judicial Administration, the Florida Rules of Criminal Procedure, the Florida Probate Rules, the Florida Rules of Traffic Court, the Florida Small Claims Rules, and the Florida Rules of Appellate Procedure are amended as set forth in the appendix to this opinion. New language is underscored; deletions are in struck-through type. The amendments shall become effective October 1, 2022, at 12:01 a.m.
We thank the Workgroup for its hard work and dedication in addressing this important matter. We also extend our appreciation to the commenters for their insight and assistance.
It is so ordered.
MUÑIZ, C.J., and CANADY, POLSTON, LABARGA, LAWSON, COURIEL, and GROSSHANS, JJ., concur.
THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER THE EFFECTIVE DATE OF THESE AMENDMENTS.
(Appendix Omitted)