Supreme Court of Florida

____________

No. SC2023-1092

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IN RE: AMENDMENTS TO FLORIDA RULE OF CIVIL 

PROCEDURE 1.061 AND FORM 1.983.

May 16, 2024

PER CURIAM.

The Florida Bar’s Civil Procedure Rules Committee filed a 

report proposing amendments to Florida Rule of Civil Procedure 

1.061 (Choice of Forum) and form 1.983 (Prospective Juror 

Questionnaire).1 The proposed amendments delete the appellate 

standards of review from rule 1.061 and correct a statutory citation 

in form 1.983. 

The Florida Bar’s Board of Governors unanimously 

recommends acceptance of the proposed amendments. We 

published the proposed amendments for comment in the October 

2023 edition of The Florida Bar News. No comments were received.

1. We have jurisdiction. See art. V, § 2(a), Fla. Const.; see 

also Fla. R. Gen. Prac. & Jud. Admin. 2.140(b).
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Having considered the Committee’s report, we adopt the 

amendments to the Florida Rules of Civil Procedure proposed by the 

Committee, except for its proposal to replace the word “equipoise” in 

rule 1.061(a)(3) with the word “equal.” “Equipoise” is specifically 

defined in case law and the Court Commentary section of rule 

1.061, and we see no reason to utilize a different term at this time. 

See Kinney Sys., Inc. v. Cont’l Ins. Co., 674 So. 2d 86, 91 (Fla. 

1996). We also revise the Court Commentary for rule 1.061 to 

delete references to the appellate standards of review. 

Accordingly, the Florida Rules of Civil Procedure are amended 

as set forth in the appendix to this opinion. New language is 

indicated by underscoring; deletions are indicated by struckthrough type. The amendments become effective on July 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.

Original Proceeding – Florida Rules of Civil Procedure
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Judson Lee Cohen, Chair, Civil Procedure Rules Committee, Miami 

Lakes, Florida, Joshua E. Doyle, Executive Director, The Florida 

Bar, Tallahassee, Florida, and Heather Savage Telfer, Bar Liaison, 

The Florida Bar, Tallahassee, Florida, 

for Petitioner
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APPENDIX

RULE 1.061. CHOICE OF FORUM

(a) Grounds for Dismissal. An action may be dismissed on 

the ground that a satisfactory remedy may be more conveniently 

sought in a jurisdiction other than Florida when:

(1)-(4) [No Change]

The decision to grant or deny the motion for dismissal rests in the 

sound discretion of the trial court, subject to review for abuse of 

discretion.

(b) Stipulations in General. The parties to any action for 

which a satisfactory remedy may be more conveniently sought in a 

jurisdiction other than Florida may stipulate to conditions upon 

which a forum-non-conveniens dismissal shallmust be based on 

forum non conveniens, subject to approval by the trial court. The 

decision to accept or reject the stipulation rests in the sound 

discretion of the trial court, subject to review for abuse of 

discretion.

A forum-non-conveniens dismissal based on forum non conveniens

shallmust not be granted unless all defendants agree to the 

stipulations required by subdivision (c) and any additional 

stipulations required by the court.

(c) Statutes of Limitation. In moving for forum-nonconveniensa dismissal based on forum non conveniens, defendants 

shallwill be deemed to automatically stipulate that the action will be 

treated in the new forum as though it had been filed in that forum 

on the date it was filed in Florida, with service of process accepted 

as of that date.

(d) Failure to Refile Promptly. When an action is dismissed 

in Florida for forum non conveniens, plaintiffs shallwill

automatically be deemed to stipulate that they will lose the benefit 

of all stipulations made by the defendant, including the stipulation 

provided in subdivision (c) of this rule, if plaintiffs fail to file the 
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action in the new forum within 120 days after the date the Florida 

dismissal becomes final.

(e) Waiver of Automatic Stipulations. UponWith

unanimous agreement, the parties may waive the conditions 

provided in subdivision (c) or (d), or both, only when they 

demonstrate and the trial court finds a compelling reason for the 

waiver. The decision to accept or reject the waiver shall not be 

disturbed on review if supported by competent, substantial 

evidence.

(f) Reduction to Writing. The parties shallmust reduce 

their stipulation to a writing signed by them, which shallmust

include all stipulations provided by this rule and which shallwill be 

deemed incorporated by reference in any subsequent order of 

dismissal.

(g) Time for Moving for Dismissal. A motion to dismiss 

based on forum non conveniens shallmust be served not later than 

60 days after service of process on the moving party.

(h) Retention of Jurisdiction. The court shallwill retain 

jurisdiction after the dismissal to enforce its order of dismissal and 

any conditions and stipulations in the order.

Court Commentary

This section was added to elaborate on Florida’s adoption of 

the federal doctrine of forum non conveniens in Kinney System, Inc. 

v. Continental Insurance Co., 674 So. 2d 86 (Fla. 1996), and it 

should be interpreted in light of that opinion.

Subdivision (a) codifies the federal standard for reviewing 

motions filed under the forum-non-conveniens doctrine. Orders 

granting or denying dismissal for forum non conveniens are subject 

to appellate review under an abuse-of-discretion standard.

As stated in Kinney, the phrase “private interests” means 

adequate access to evidence and relevant sites, adequate access to 

witnesses, adequate enforcement of judgments, and the 
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practicalities and expenses associated with the litigation. Private 

interests do not involve consideration of the availability or 

unavailability of advantageous legal theories, a history of generous 

or stingy damage awards, or procedural nuances that may affect 

outcomes but that do not effectively deprive the plaintiff of any 

remedy.

“Equipoise” means that the advantages and disadvantages of 

the alternative forum will not significantly undermine or favor the 

“private interests” of any particular party, as compared with the 

forum in which suit was filed.

“Public interests” are the ability of courts to protect their 

dockets from causes that lack significant connection to the 

jurisdiction; the ability of courts to encourage trial of controversies 

in the localities in which they arise; and the ability of courts to 

consider their familiarity with governing law when deciding whether 

to retain jurisdiction over a case. Even when the private 

conveniences of the litigants are nearly in balance, a trial court has 

discretion to grant a forum-non-conveniens dismissal upon finding 

that retention of jurisdiction would be unduly burdensome to the 

community, that there is little or no public interest in the dispute, 

or that foreign law will predominate if jurisdiction is retained.

Subdivision (b) provides that the parties can stipulate to 

conditions of a forum-non-conveniens dismissal, subject to the trial 

court’s approval. The trial court’s acceptance or rejection of the 

stipulation is subject to appellate review under an abuse-ofdiscretion standard.

Subdivisions (c) and (d) provide automatic conditions that 

shall be deemed included in every forum-non-conveniens dismissal. 

The purpose underlying subdivision (c) is to ensure that any statute 

of limitation in the new forum is applied as though the action had 

been filed in that forum on the date it was filed in Florida. The 

purpose underlying subdivision (d) is to ensure that the action is 

promptly refiled in the new forum. Both of these stipulations are 

deemed to be a part of every stipulation that does not expressly 

state otherwise, subject to the qualification provided in subdivision 

(e).
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Subdivision (e) recognizes that there may be extraordinary 

conditions associated with the new forum that would require the 

waiver of the conditions provided in subdivisions (c) and (d). 

Waivers should be granted sparingly. Thus, the parties by 

unanimous consent may stipulate to waive those conditions only 

upon showing a compelling reason to the trial court. The trial 

court’s acceptance or rejection of the waiver may not be reversed on 

appeal where supported by competent, substantial evidence.

Subdivision (f) requires the parties to reduce their stipulation 

to written form, which the parties must sign. When and if the trial 

court accepts the stipulation, the parties’ agreement then is treated 

as though it were incorporated by reference in the trial court’s order 

of dismissal. To avoid confusion, the parties shall include the 

automatic stipulations provided by subdivisions (c) and (d) of this 

rule, unless the latter are properly waived under subdivision (e). 

However, the failure to include these automatic conditions in the 

stipulation does not waive them unless the dismissing court has 

expressly so ruled.

Committee Notes

[No Change]
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FORM 1.983. PROSPECTIVE JUROR QUESTIONNAIRE

DIRECTIONS TO ATTORNEYS AND PRO SE LITIGANTS: 

Before you file a copy of this form, redact the month and date of the 

prospective juror’s birth in question #3, but retain the year of birth. 

Fla. R. Gen. Prac. & Jud. Admin. 2.425(a)(2)

QUESTIONNAIRE FOR PROSPECTIVE JURORS

1. Name: (print) 

...............................................................................................................

(first) (middle) (last)

2. Residence address:

......................................................................................................

(street and number) 

.......................................................................................................

(city) (zip)

3. Date of birth:

...............................................................................................................

Sex: .................................... Occupation: .......................................

4. Do you understand the English language?

..................................... ...........................................

(yes) (no)

5. Do you read and write the English language?

..................................... ...........................................

(yes) (no)

6. Have you ever been convicted of a crime and not restored to your 

civil rights? 

..................................... ...........................................

(yes) (no)
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If “yes,” state the nature of crime(s), the date of the conviction(s), and the 

name of the court(s) in which you were convicted:

............................................................................................................

............................................................................................................

7. Are there any criminal charges pending against you of which you 

are aware?

..................................... ...........................................

(yes) (no)

If “yes,” state the nature of the charge(s) and the name of the court(s) in 

which the case(s) is pending:

............................................................................................................

............................................................................................................

8. FULL-TIME LAW ENFORCEMENT OFFICERS AND LAW 

ENFORCEMENT INVESTIGATIVE PERSONNEL ONLY. Section 40.013(2)(b), 

Florida Statutes, provides that “[a]ny full-time federal, state, or local law 

enforcement officer or such entities’ investigative personnel shall be excused 

from jury service unless such persons choose to serve.” Do you choose to 

serve?

..................................... ...........................................

(yes) (no)

9. List any official executive office you now hold with the federal, 

state, or .......... county government:

............................................................................................................

............................................................................................................

10. Is your hearing good? ...................... ........................

(yes) (no)

Is your eyesight good? ................... ..........................

(yes) (no)

(The court may require a medical certificate.)

11. Do you have any physical or mental disability that would interfere 

with your service as a juror?
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..................................... ...........................................

(yes) (no)

If “yes,” state the nature: 

.............................................................................................................

(The court may require a medical certificate.)

12. Do you know of any reason(s) why you cannot serve as a juror?

..................................... ...........................................

(yes) (no)

If “yes,” state the reason(s):

............................................................................................................

............................................................................................................

13. EXPECTANT MOTHERS AND PARENTS ONLY: Section 340.013(4), 

Florida Statutes, provides that “[a]ny expectant mother and parent who is not 

employed full time and who has custody of a child under 6 years of age, upon 

request, shall be excused from jury service.” Do you want to be excused under 

this provision?

..................................... .................................................

(yes) (no)

If “yes,” what are the ages of your children?

................................................................................................................

Signature

This is not a summons for jury duty. If your name is later drawn for jury 

service, you will be summoned by clerk of court by mail.

NOTE: This form does not use a caption as shown in form 1.901. It may 

be headed with the designation of the authority charged by law with the 

selection of prospective jurors.