RULE 2.215. TRIAL COURT ADMINISTRATION

(a) Purpose. The purpose of this rule is to fix administrative
responsibility in the chief judges of the circuit courts and the other
judges that the chief judges may designate. When a rule refers to
“the court,” it applies to a judge of the court when the context
permits.

(b) Chief Judge.

(1) The chief judge is a circuit judge who possesses
managerial, administrative, and leadership abilities and is selected
without regard to seniority.

(2) The chief judge is the administrative officer of the
courts within the circuit and directs the formation and
implementation of policies and priorities for the operation of all
courts and officers within the circuit, consistent with branch-wide
policies. The chief judge has administrative supervision over all
judges and court personnel within the judicial circuit. The chief
judge is responsible to the chief justice of the supreme court. The
chief judge may enter and sign administrative orders, except as
otherwise provided by this rule. The chief judge has the authority to
require that all judges of the court, other court officers, and court
personnel comply with all court and judicial branch policies,
administrative orders, procedures, and administrative plans.

(3) The chief judge maintains liaison in all judicial
administrative matters with the chief justice of the supreme court,
and ensures the efficient and proper administration of all courts
within that circuit, considering available resources. The chief judge
must develop and file with the supreme court an administrative
plan that includes an administrative organization capable of
effecting the prompt disposition of cases; assignment of judges,
other court officers, and all other court personnel; control of
dockets; regulation and use of courtrooms; and mandatory periodic
review of the status of the inmates of the county jail. The plan must
be compatible with the development of the capabilities of the judges
so that each judge will be qualified to serve in any division, creating
a judicial pool from which judges may be assigned to various courts
throughout the state. The administrative plan must include a
consideration of the statistical data developed by the case reporting
system. Questions concerning the administration or management of
the courts of the circuit must be directed to the chief justice of the
supreme court through the state courts administrator.

(4) The chief judge assigns judges to the courts and
divisions and determines the length of each assignment. The chief
judge is authorized to order consolidation of cases and assign cases
to a judge or judges for the preparation of opinions, orders, or
judgments. All judges must inform the chief judge of any
contemplated absences that will affect the progress of the court’s
business. If a judge is temporarily absent, is disqualified in an
action, or is unable to perform the duties of the office, the chief
judge or the chief judge’s designee may assign a proceeding pending
before the judge to any other judge or any additional assigned judge
of the same court. The chief judge may assign any judge to
temporary service for which the judge is qualified in any court in
the same circuit. If it appears to the chief judge that the speedy,
efficient, and proper administration of justice so requires, the chief
judge may request the chief justice of the supreme court to assign
temporarily an additional judge or judges from outside the circuit to
duty in the court requiring assistance. The assigned judges are
subject to administrative supervision of the chief judge for all
purposes of this rule. When assigning a judge to hear any type of
postconviction or collateral relief proceeding brought by a defendant
who has been sentenced to death, the chief judge must assign the
case to a judge qualified under subdivision (b)(10) of this rule.
Nothing in this rule restricts the constitutional powers of the chief
justice of the supreme court to make assignments.

(5) The chief judge may designate a judge in any court
or court division of circuit or county courts as “administrative
judge” of any court or division to assist with the administrative
supervision of the court or division. To the extent practical, the
chief judge should assign only 1 administrative judge to supervise
the family court. The designee is responsible to the chief judge, has
the power and duty to carry out the responsibilities assigned by the
chief judge, and serves at the pleasure of the chief judge.

(6) The chief judge may require the attendance of
prosecutors, public defenders, clerks, bailiffs, and other officers of
the courts, and may require from the clerks of the courts, sheriffs,
or other officers of the courts periodic reports.

(7) The chief judge must regulate the use of all court
facilities, regularly examine the dockets of the courts under the
chief judge’s administrative supervision, and require a report on the
status of the matters on the dockets. The chief judge may take
action as necessary to make the dockets current. The chief judge
must monitor the status of all postconviction or collateral relief
proceedings for defendants who have been sentenced to death from
the time that the mandate affirming the death sentence has been
issued by the supreme court and take the necessary actions to
assure that the cases proceed without undue delay. On the first day
of every January, April, July, and October, the chief judge must
inform the chief justice of the supreme court of the status of these
cases.

(8) The chief judge or the chief judge’s designee must
regularly examine the status of every inmate of the county jail.

(9) The chief judge may authorize the clerks of courts
to maintain branch county court facilities to retain county court
permanent records of pending cases in the branch court facilities,
and to retain and destroy these records in the manner provided by
law.

(10) Assigning Capital Cases.

(A) The chief judge may not assign a judge to
preside over a capital case in which the state is seeking the death
penalty, or collateral proceedings brought by a death row inmate,
until that judge has become qualified to do so by:

(i) presiding a minimum of 6 months in a
felony criminal division or in a division that includes felony criminal
cases; and

(ii) successfully attending the “Handling
Capital Cases” course offered through the Florida Court Education
Council. A judge whose caseload includes felony criminal cases
must attend the “Handling Capital Cases” course as soon as
practicable, or at the direction of the chief judge.

(B) The chief justice may waive these requirements
in exceptional circumstances at the request of the chief judge.

(C) Following attendance at the “Handling Capital
Cases” course, a judge remains qualified to preside over a capital
case by attending a “Capital Case Refresher” course once during
each of the subsequent continuing judicial education reporting
periods. A judge who has attended the “Handling Capital Cases”
course and who has not taken the “Capital Case Refresher” course
within any subsequent continuing judicial education reporting
period must requalify to preside over a capital case by attending the
refresher course.

(D) The refresher course must be at least a 6-hour
course approved by the Florida Court Education Council containing
instruction on the penalty phase, jury selection, and proceedings
brought under Florida Rule of Criminal Procedure 3.851.

(11) The failure of any judge to comply with an order or
directive of the chief judge is considered neglect of duty and may be
reported by the chief judge to the chief justice who has the
authority to take any appropriate corrective action. The chief judge
may report the neglect of duty by a judge to the Judicial
Qualifications Commission or other appropriate person or body or
take other appropriate corrective action.

(12) At the call of the chief justice, the chief judges of the
circuit court and district courts of appeal must meet on a regular
basis to discuss and provide feedback for implementation of policies
and practices that have statewide impact including, but not limited
to, the judicial branch’s management, operation, strategic plan,
legislative agenda, and budget priorities. The meetings must occur
at least quarterly and be conducted in person, if practicable. At the
discretion of the chief justice, any of these meetings may be
combined with other judicial branch and leadership meetings.
(13) The chief judge must exercise reasonable efforts to
promote and encourage diversity in the administration of justice.

(c) Selection. The chief judge must be chosen by a majority
of the active circuit and county court judges within the circuit for a
term of 2 years commencing on July 1 of each odd-numbered year
or by the chief justice if there is no majority for a term of 2 years.
The election for chief judge must be held no sooner than February 1
of the year during which the chief judge’s term commences
beginning July 1. All elections for chief judge must be conducted as
follows:

(1) All ballots are secret.

(2) Any circuit or county judge may nominate a
candidate for chief judge.

(3) Proxy voting is not permitted.

(4) Any judge who will be absent from the election may
vote by secret absentee ballot obtained from and returned to the
Trial Court Administrator.

A chief judge may be removed as chief judge by the supreme court,
acting as the administrative supervisory body of all courts, or may
be removed by a two-thirds vote of the active judges. The purpose of
this rule is to fix a 2-year cycle for the selection of the chief judge in
each circuit. A chief judge may serve for successive terms but no
more than 8 years. A chief judge who is to be temporarily absent
must select an acting chief judge from among the circuit judges. If a
chief judge dies, retires, fails to appoint an acting chief judge during
an absence, or is unable to perform the duties of the office, the chief
justice must appoint a circuit judge to act as chief judge during the
absence or disability or until a successor chief judge is elected to
serve the unexpired term. When the office of chief judge is
temporarily vacant pending action within the scope of this
paragraph, the duties of court administration are performed by the
circuit judge having the longest continuous service as a judge or by
another circuit judge designated by that judge.
(d) Circuit Court Administrator. Each circuit court
administrator is selected or terminated by the chief judge subject to
concurrence by a majority vote of the circuit and county judges of
the respective circuits.

(e) Local Rules and Administrative Orders.

(1) Local court rules as defined in rule 2.120 may be
proposed by a majority of the circuit and county judges in the
circuit. The judges must notify the local bar within the circuit of the
proposal, after which they must permit a representative of the local
bar, and may permit any other interested person, to be heard orally
or in writing on the proposal before submitting it to the supreme
court for approval. When a proposed local rule is submitted to the
supreme court for approval, the following procedure applies.

(A) Local court rule proposals must be submitted
to the supreme court in January of each year. The supreme court
may accept emergency proposals submitted at other times.

(B) The clerk of the supreme court must submit
all local court rule proposals to the Supreme Court Local Rules
Advisory Committee by February 15 of each year. At the same time,
the clerk of the supreme court must send copies of the proposed
rules to the appropriate committees of The Florida Bar. The Florida
Bar committees, any interested local bar associations, and any
other interested person must submit any comments or responses
that they wish to make to the Supreme Court Local Rules Advisory
Committee on or before March 15 of that year.

(C) The Supreme Court Local Rules Advisory
Committee must meet on or before April 15 to consider the
proposals and any comments submitted by interested parties. The
committee must transmit its recommendations to the supreme
court concerning each proposal, with the reasons for its
recommendations, within 15 days after its meeting.

(D) The supreme court considers the committee’s
recommendations and may resubmit the proposals with
modifications to the committee for editorial comment only. The
supreme court may set a hearing on any proposals or consider
them on the recommendations and comments as submitted. If a
hearing is set, notice must be given to the chief judge of the circuit
from which the proposals originated, the executive director of The
Florida Bar, the chair of the Rules of General Practice and Judicial
Administration Committee of The Florida Bar, any local bar
associations, and any interested persons who made comments on
the specific proposals to be considered. The supreme court must act
on the proposals promptly after the recommendations are received
or heard.

(E) A local court rule approved by the supreme
court becomes effective on the date set by that court.

(F) The clerk of the circuit court where the local
court rules take effect must index and record a copy in each
applicable county of that circuit. A set of the recorded copies must
be readily available for inspection as a public record and copies
provided to any requesting party on payment of the cost of
duplication. The chief judge of the circuit must publish the local
court rules on the circuit court’s website. The clerk of the supreme
court must furnish copies of each approved local court rule to The
Florida Bar’s executive director.

(2) Any judge or member of The Florida Bar who
believes that an administrative order promulgated under
subdivision (b)(2) of this rule is a court rule or a local rule as
defined in rule 2.120, rather than an administrative order, may
apply to the Supreme Court Local Rules Advisory Committee for a
decision on the question. The decisions of the committee concerning
the determination of the question must be reported to the supreme
court, and the court must follow the procedure set forth in
subdivision (D) above in considering the recommendation of the
committee.

(3) The clerk of the circuit court where the
administrative order takes effect must index and record all
administrative orders of a general and continuing nature and other
orders designated by the chief judge in each county where the
orders are effective. A set of the recorded copies must be readily
available for inspection as a public record and copies must be
provided to any requesting party on payment of the cost of
duplication. The chief judge of the circuit must publish all
administrative orders of a general and continuing nature on the
circuit’s website. The chief judge must direct a review of all local
administrative orders on an annual basis to ensure that the set of
copies maintained by the clerk remains current and does not
conflict with supreme court or local rules.

(4) All local court rules entered under this section must
be numbered sequentially for each respective judicial circuit.

(f) Individual and Divisional Practices and Procedures.
Every judge who establishes practices or procedures that apply only
when appearing before that specific judge must publish those
practices and procedures on the circuit’s website. Each division of
court that establishes practices and procedures that apply in that
division of court must publish those practices and procedures on
the circuit’s website. No judge or division may establish a practice
or procedure that requires attorneys or parties to communicate with
the court solely by written letter. Neither a division nor a judge may
establish practices or procedures that contradict established law or
rule of procedure. The chief judge of each circuit should establish
procedures to ensure compliance with the subdivision.

(g) Timely Rulings.

(1) Judge’s Duty. Every judge has a duty to enter
within a reasonable time an order or judgment on every matter
submitted to that judge. Each judge must maintain a log of matters
under advisement and inform the chief judge of the circuit at the
end of each calendar month of each matter that has been held
under advisement for more than 60 days.

(2) Notice of Pending Matter. A party may file with the
clerk a notice using form 2.604 that a matter has been held under
advisement or is ready for disposition and remains pending without
judicial action for more than 60 days. The party must serve a copy
of the notice on the presiding judge.
(h) Duty to Expedite Priority Cases. Every judge has a
duty to expedite priority cases to the extent reasonably possible.
Priority cases are those cases that have been assigned a priority
status or assigned an expedited disposition schedule by statute,
rule of procedure, case law, or otherwise. Particular attention must
be given to all juvenile dependency and termination of parental
rights cases, cases involving families and children in need of
services, challenges involving elections and proposed constitutional
amendments, and capital postconviction cases. The chief judge has
the discretion to create a postconviction division to handle capital
postconviction, as well as non-capital postconviction cases, and
may assign 1 or more judges to that division.

(i) Neglect of Duty. The failure of any judge, clerk,
prosecutor, public defender, attorney, court reporter, or other
officer of the court to comply with an order or directive of the chief
judge is considered neglect of duty and must be reported by the
chief judge to the chief justice of the supreme court. The chief
justice may report the neglect of duty by a judge to the Judicial
Qualifications Commission, and neglect of duty by other officials to
the governor of Florida or other appropriate person or body.

(j) Status Conference after Compilation of Record in
Death Case. In any proceeding in which a defendant has been
sentenced to death, the circuit judge assigned to the case must take
action necessary to ensure that a complete record on appeal has
been properly prepared. The judge must convene a status
conference with all counsel of record as soon as possible after the
record has been prepared under rule of appellate procedure
9.200(d) but before the record has been transmitted. The purpose of
the status conference is to ensure that the record is complete.

Committee Notes

2008 Amendment. The provisions in subdivision (g) of this
rule should be read in conjunction with the provisions of rule
2.545(c) governing priority cases.

Court Commentary
1996 Court Commentary. Rule 2.050(h) [renumbered as
2.215(h) in 2006] should be read in conjunction with Florida Rule of
Appellate Procedure 9.140(b)(4)(A).
1997 Court Commentary. [Rule 2.050(b)(10), renumbered as
2.215(b)(10) in 2006]. The refresher course may be a six-hour block
during any Florida Court Education Council approved course
offering sponsored by any approved Florida judicial education
provider, including the Florida College of Advanced Judicial Studies
or the Florida Conference of Circuit Judges. The block must contain
instruction on the following topics: penalty phase, jury selection,
and rule 3.850 proceedings.
Failure to complete the refresher course during the three-year
judicial education reporting period will necessitate completion of the
original “Handling Capital Cases” course.
2002 Court Commentary. Recognizing the inherent
differences in trial and appellate court dockets, the last sentence of
subdivision (g) is intended to conform to the extent practicable with
appellate rule 9.146(g), which requires appellate courts to give
priority to appeals in juvenile dependency and termination of
parental rights cases, and in cases involving families and children
in need of services.

Criminal Court Steering Committee Note

2014 Amendment. Capital postconviction cases were added
to the list of priority cases.