In re AMENDMENTS TO FLORIDA SMALL CLAIMS RULE 7.090, 985 So. 2d 1033

PER CURIAM. This matter is before the Court for consideration of proposed amendments to the Florida Small Claims Rules. We have jurisdiction. See art. V, § 2(a), Fla. Const. We adopt the proposed amendments with modification, as explained below. BACKGROUND The Small Claims Rules Committee (Committee) first proposed these amendments in its regular-cycle report filed in January 2005. The Court declined to adopt the proposed amendments at that time but directed the Committee to further study the issue. See In re Amendments to Fla. Small Claims Rules (Two Year Cycle), 931 So.2d 78, 79 (Fla.2005).

On August 6, 2007, the Committee filed its “Response of the Small Claims Rules Committee to Revised Opinion on Three-Year Cycle Report, Regarding Rule 7.090,” which became the present case. The Committee again proposed amending rule 7.090 and form 7.322 to add language providing that mediation might take place at the time scheduled for the pretrial conference and that anyone attending mediation on behalf of a party must have full settlement authority. It further proposed adding language to rule 7.090 stating that anyone failing to comply with these provisions would be subject to sanctions.

These sanctions expressly included “costs, attorney fees, entry of judgment, or dismissal.” The proposed amendments were published for comment in the October 15, 2007, edition of The Florida Bar News. The Supreme Court Committee on Alternative Dispute Resolution (ADR Committee) filed a comment, to which the Committee filed a response.

The ADR Committee generally agreed with the Committee’s proposed amendments but suggested two variations of its own: (1) that the phrase “full authority to settle” be further clarified to mean “all amounts from zero to the amount of the claim”; and (2) that the Court adopt a totally new form, form 7.321, for use in counties that utilize mediation at the time of the scheduled pretrial conference, and containing the sanctions language, the clarified meaning of “full authority to settle,” and an explanation of mediation.

The Committee, in its response to the ADR Committee’s comment, again urged the amendment of rule 7.090(

b) to include language specifically stating that mediation may take place during the time scheduled for pretrial conference and the amendment of form 7.321. We adopt the first two sentences proposed for addition to subdivision (

f) of the rule and to form 7.322 without change. We adopt, in part, the Committee’s proposed addition of applicable sanctions for parties who fail to give full settlement authority to their attorneys attending pretrial conference and mediation on their behalf. Specifically, we adopt the sanctions of costs and attorney fees but decline to adopt entry of judgment or dismissal as sanctions under this rule. We also add a “Court Commentary” to rule 7.090 to clarify that the language “full authority to settle” should not be interpreted to mean that the parties must settle the claim at mediation.

Accordingly, we amend the Small Claims Rules as reflected in the appendix to this opinion. The new language is indicated by underscoring; deletions are indicated by struck-through type. The court commentary is offered only for explanation and is not adopted as an official part of the rules. These amendments shall take effect on October 1, 2008, at 12:01 a.m. It is so ordered. LEWIS, C.J., and WELLS, PARIENTE, QUINCE, and CANTERO, JJ., concur. BELL, J., concurs in result only with an opinion, in which ANSTEAD, J., concurs. .

These proposed amendments to rule 7.090 and form 7.322 are identical to the previously proposed and rejected amendments.