CourtListener 9435399•In Re: Amendments to Florida Rule of Traffic Court 6.445
In Re: Amendments to Florida Rule of Traffic Court 6.445
CourtListener 9435399Fla26 de out. de 2023
Texto completo
Supreme Court of Florida
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No. SC2023-0548
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IN RE: AMENDMENTS TO FLORIDA RULE OF
TRAFFIC COURT 6.445.
October 26, 2023
PER CURIAM.
In In re Amendments to the Florida Rules of Traffic Court, 361
So. 3d 778 (Fla. 2023), The Florida Bar’s Traffic Court Rules
Committee filed a report proposing amendments to the Florida
Rules of Traffic Court, including a proposal to amend rule 6.445
(Discovery: Infractions Only). However, the Court, on its own
motion, severed the proposed amendments to rule 6.445 for
consideration in this case. See id. at 779 n.2. The Court then
republished the proposed amendments to the rule, with Court
revisions, 1 and the Committee filed a comment suggesting further
editorial changes.
1. We have jurisdiction. See art. V, § 2(a), Fla. Const.; see
also Fla. R. Gen. Prac. & Jud. Admin. 2.140(d).
Having considered the Committee’s proposal and comment to
the Court’s revised proposed amendments, the Court hereby
amends rule 6.445 to clarify that citations must identify the type of
speed measuring device used as well as either the device’s
manufacturer’s serial number or, if a pace car is used, no less than
the last six digits of the automobile’s vehicle identification number.
Accordingly, the Florida Rules of Traffic Court are amended as
set forth in the appendix to this opinion. New language is indicated
by underscoring; deletions are indicated by struck-through type.
The amendments shall become effective January 1, 2024, at 12:01
a.m.
It is so ordered.
MUÑIZ, C.J., and CANADY, LABARGA, COURIEL, GROSSHANS,
FRANCIS, and SASSO, JJ., concur.
THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER
THE EFFECTIVE DATE OF THESE AMENDMENTS.
Original Proceeding – Florida Rules of Traffic Court
Howard J. Williams, Chair, Traffic Court Rules Committee, Tampa,
Florida, Joshua E. Doyle, Executive Director, The Florida Bar,
Tallahassee, Florida, and Michael A. Hodges, Bar Liaison, The
Florida Bar, Tallahassee, Florida,
Responding with comments
-2-
Appendix
RULE 6.445. DISCOVERY: INFRACTIONS ONLY
(a) If anThe electronic or mechanical speed measuring device
is used by the citing officer, the type of device and the
manufacturer’s serial number must be included in the body of the
citation. must be identified by its type, and:
(1) if the device is a pace car, by no less than the last 6
digits of the automobile’s vehicle identification number (VIN); or
(2) if the device is another electronic or mechanical speed
measuring device, by the manufacturer’s serial number.
(b) If any relevant supporting documentation regarding such
device is in the officer’s possession at the time of trial, the
defendant or defendant’s attorney shall be entitled to review that
documentation immediately before that trial.
Committee Notes
[No Change]
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