Every Florida Bar rules committee is required by Fla.R.Jud.Admin. 2.140 to submit a three-year cycle report to the Florida Supreme Court. Unlike other rules committees, which propose language for new or amended rules, the Code and Rules of Evidence Committee (CREC), requests that the Court adopt legislation that is believed to be procedural as a procedural rule. This year, the committee is making this request for 6 statutory amendments.  FJA is concerned about one amendment regarding the expert witness certification regulations of s. 766.102(12).  

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FL Bar News Posting:

CODE AND RULES OF EVIDENCE COMMITTEE

REVISION TO PROPOSED THREE-YEAR CYCLE AMENDMENTS

The Code and Rules of Evidence Committee published notice of its three-year cycle proposals in the July 1, 2012, Florida Bar News. Following review of comments received and the recommendations of The Florida Bar Board of Governors, the Committee voted 26-0 to withdraw its previous recommendation that sections 458.3175, 459.0066, and 466.005, Florida Statutes, be adopted by the Supreme Court as rules of evidence to the extent that they are procedural. The Committee voted 14-13 to retain its recommendations that section 766.102, Florida Statutes, be adopted by the Supreme Court as a rule of evidence to the extent that it is procedural. The Committee’s other recommendations, that sections 90.5021 and 90.804(2)(f), Florida Statutes, be adopted by the Supreme Court as rules of evidence to the extent that they are procedural, remain unchanged. Further information on this change (and the text of the rule) is available here.

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The Board of Governors will be meeting December 5-8 at the Ritz Carlton, Amelia Island.  The exact date and time for the Code and Rules of Evidence Committee report has been requested. 

At this time, we need FJA members to continue submitting comments in opposition to this rule adoption.  Please send all comments to the committee chair, Thomas Shults (tshults@kirkpinkerton.com) and the Bar staff liaison (esloyer@flabar.org).  Please also copy Lynn McCartney at FJA so we can keep track of all submissions.

To date, the Code and Rules of Evidence Committee has received the following comments from FJA members:  

Comment by Betsey Herd, Morgenstern & Herd

Comment by Sean Domnick, Domnick & Shevin, PL

Comment by O. John Alpizar, Alpizar Law, LLC

Comment by Lee Gunn, Gunn Law Group, P.A.

Comment by Larry S. Stewart, Stewart Tilghman Fox Bianchi & Cain, P.A.

Comment by Attorneys and Staff of Domnick & Shevin, PL

Comment by David M. Buckner, Grossman Roth, P.A.
Grossman Roth attorneys Gary Cohen, Natasha Cortes, Stuart Grossman, Seth Miles, William Partridge, Noelvis Rodriguez, Neal Roth and Andrew Yaffa also submitted comments.

Comment by John H. (Jack) Hickey, Hickey Law Firm, P.A.

Comment by Grant A. Kuvin, Morgan & Morgan, P.A.

Comment by Kenneth J. Sobel, Leopold Law, P.A.

Comment by Nancy LaVista, Clark, Fountain, LaVista, Prather, Keen & Littky-Rubin

Comment by Stuart Ratzan, Ratzan Law Group

Comment by Scott Newmark, Carner & Barzakay, LLC

Comment by Bob Bergin, Robert T. Bergin, Jr., P.A.