RULES REGULATING THE FLORIDA BAR--AMENDMENTS--DISCIPLINE. The court adopted extensive amendments to Chapter 3 of the Rules Regulating the Florida Bar, including the addition of new rule 3-7.15 (Procedures on Frozen Trust Accounts). Some of the more significant amendments include the addition of a new subdivision in rule 3-7.2. permitting the Bar to use expunged or sealed arrest or court records in Bar discipline cases that are either in its possession or obtainable, and the amendment of rule 3-3.4 (Grievance Committees) to require that nonlawyer members of grievance committees not be current or former members of the Bar or any other state bar.
VIEW OPINION
PROBATE RULES--AMENDMENTS. The Court adopted proposed amendments to Florida Probate Rules 5.240 (Notice of Administration), 5.241 (Notice to Creditors), 5.550 (Petition to Determine Incapacity), 5.649 (Guardian Advocate), and 5.681 (Restoration of Rights of Person with Developmental Disability) and Form 5.905 (Form for Petition; Notice; and Order for Appointment of Guardian Advocate of the Person). Amendments included a requirement that notices of administration and notices to creditors provide notice that a "personal representative or curator has no duty to discover whether the Florida Uniform Disposition of Community Property Rights at Death Act applies to the subject property unless a timely written demand is made," and a requirement that "petitions to determine incapacity or for the appointment of a guardian advocate identify existing supported decisionmaking agreements or other types of assistance already in place and state why they are inappropriate or insufficient."
VIEW OPINION
RULES OF CRIMINAL PROCEDURE--AMENDMENT--COMPETENCY OF DEFENDANT. The Court amended Rule of Criminal Procedure 3.210 (Incompetence to Proceed: Procedure for Raising the Issue) to reflect that the hearing on a motion to determine if a defendant is competent to proceed is to be held within 45 days of the motion, rather than 20 days. Additionally, language was added providing that "[s]tatus hearing(s) must be held no later than 20 days after the motion date and as otherwise necessary to ensure prompt resolution. . . ."
VIEW OPINION
RULES OF JUVENILE PROCEDURE--AMENDMENT--DISCOVERY. Rule of Juvenile Procedure 8.245 (Discovery) was amended to allow for electronic service of subpoenas and to remove reference to copies furnished "by delivery or mailing of copies."
VIEW OPINION
A cumulative listing of review orders may be found here.
