RULES OF CRIMINAL PROCEDURE--AMENDMENTS--COMPETENCE TO PROCEED. The Court adopted proposed amendments to Florida Rules of Criminal Procedure 3.211 and 3.212. In addition to amending the language in rule 3.211 with language from the statutory changes to section 916.12(4)(b) and (c), Florida Statutes, new subdivisions were added to rule 3.212 requiring the court to find other services to be inappropriate before committing a defendant for treatment, and requiring the expert's report to ensure that alternative treatment options are fully considered and found insufficient before issuing a commitment order.
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TORTS--AUTOMOBILE ACCIDENT--VICARIOUS LIABILITY--DANGEROUS INSTRUMENTALITY DOCTRINE. The Court approved a decision finding that the mother of the defendant driver could not be found vicariously liable under the dangerous instrumentality doctrine because, although the mother was the subject vehicle's primary user and had given the driver permission to use it, the driver's father and sole title holder was also vicariously liable. Under the dangerous instrumentality doctrine, one family member who is a bailee of a car cannot be held vicariously liable when the car's acknowledged title owner is another family member who is also vicariously liable under the doctrine.
VIEW OPINION