IN RE: AMENDMENTS TO FLORIDA RULE OF TRAFFIC COURT 6.445
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The Florida Supreme Court amended Rule 6.445 of the Florida Rules of Traffic Court to clarify discovery requirements for speed measurement devices in infraction cases. The amendment requires citations to identify the type of speed measuring device used and either the device's manufacturer's serial number or the last six digits of a pace car's vehicle identification number.
The Court amended rule 6.445 to require that citations identify the type of speed measuring device used and include 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. The amendments became effective January 1, 2024.
[1] A court may amend its rules of procedure on its own motion.
[2] The Florida Rules of Traffic Court require that citations using speed measuring devices identify the type of device and its manufacturer's serial number.
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Join FLexlaw to unlock all legal intelligence“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.”
States the core holding and purpose of the amendment to rule 6.445
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Join FLexlaw to unlock all legal intelligenceThe Florida Bar's Traffic Court Rules Committee filed a report proposing amendments to the Florida Rules of Traffic Court, including proposed amendmen…
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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.
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In re Amendments to Fla. Rule of Traffic Court 6.445, 361 So. 3d 778 (Fla. 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, se…
Authorities Cited
- In re Amendments to Fla. Rule of Traffic Court 6.445, 361 So. 3d 778 (Fla. 2023)