IN RE FLORIDA TRAFFIC COURT RULES
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The Florida Supreme Court amended three rules of the Florida Traffic Court Rules to clarify procedures for local rule adoption, uniform complaint forms for traffic violations, and trial argument procedures. This was a housekeeping matter responding to recommendations from the Traffic Court Review Committee.
Rule 6.03 was amended to require courts to publish local rules and furnish copies to the Clerk of the Florida Supreme Court for approval before effectiveness. Rule 6.07 was amended to require uniform traffic complaints under Florida Statutes 316.018 or criminal procedure alternatives. Rule 6.16(e) was amended to clarify argument procedures, requiring the prosecutor to open and close unless both parties waive final argument, with equal time allocated to each party.
[1] Local court rules must be supplementary to statewide rules and require publication and inspection by the public.
[2] Local court rules become effective upon approval by the Florida Supreme Court.
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Join FLexlaw to unlock all legal intelligence“A copy of all local rules shall be furnished to the Clerk of the Florida Supreme Court upon publication and become effective upon approval by the Florida Supreme Court.”
Establishes the requirement for Supreme Court approval of local court rules
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Join FLexlaw to unlock all legal intelligenceThe Traffic Court Review Committee requested amendments to the Florida Traffic Court Rules that had been adopted on March 10, 1971. The Court identifi…
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At the request and suggestion of the Traffic Court Review Committee, the Florida Traffic Court Rules adopted by this Court on March 10, 1971, are amended in the following respect:
Rule 6.03 is amended, effective immediately, so as to read as follows:
6.03 LOCAL RULES
Local rules of any court to which these rules apply shall he supplementary to these rules. Each court shall publish its local rules in the jurisdiction of the court and shall keep copies for inspection. A copy of all local rules shall be furnished to the Clerk of the Florida Supreme Court upon publication and become effective upon approval by the Florida Supreme Court.
Rule 6.07 is amended, effective January 1, 1972, so as to read as follows:
6.07 COMPLAINT — SUMMONS — FORM — USE
All prosecutions for traffic violations by law enforcement officers shall be by uniform traffic complaint as provided for in Florida Statutes 316.018 or other applicable statutes, or by affidavit information or indictment as provided for in the Florida Criminal Rules of Procedure.
Rule 6.16(e) is amended, effective immediately, so as to read as follows:
6.16 ORDER OF TRIAL
(e) Unless both parties waive final argument the prosecutor shall make the opening argument and the defendant shall follow and the prosecutor may conclude the argument. If the defendant has offered no evidence other than his own testimony, he shall have opening and closing arguments as provided by the Civil and Criminal Rules of Procedure. The length of all arguments shall be fixed by the court and announced before the arguments are commenced, provided equal time shall be allowed each party.
In all other respects the Florida Traffic Court Rules are ratified and confirmed.
ERVIN, Acting C. J., and CARLTON, ADKINS, BOYD and McCAIN, JJ., concur.
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State v. Neilson, 41 Fla. Supp. 118 (Orange Cty. Cir. Ct. 1974)…t as provided or in Florida Statutes 316.018 or other applicable statutes, or by affidavit, information, or indictment as provided for in the Florida Criminal Rules of Procedure.” TrCR 6.07, F.S.A. (1973 Revision); In re Florida Traffic Court Rules, 252 So. 2d 569 (Fla. 1971). There is no specific requirement in Florida Traffic Court .Rule 6.07 that a traffic ticket be verified; however, the rule does require that the form of the uniform traffic complaint must comply with Florida Statute 316.018 or other app…1 / 3