Florida Judicial Administration Rule 2.260
RULE 2.260. CHANGE OF VENUE
(a) Preliminary Procedures. Prior to entering an order to
change venue to a particular circuit in a criminal case or in any
other case in which change of venue will likely create an unusual
burden for the transferee circuit, the chief judge in the circuit in
which the case originated shall contact the chief judge in the circuit
to which the case is intended to be moved to determine the
receiving county’s ability to accommodate the change of venue. It is
the intent of this rule that the county identified to receive the case
shall do so unless the physical facilities or other resources in that
county are such that moving the case to that county would either
create an unsafe situation or adversely affect the operations of that
court. Any conflict between the circuits regarding a potential
change of venue shall be referred to the chief justice of the Florida
Supreme Court for resolution.
(b) Presiding Judge. The presiding judge from the
originating court shall accompany the change of venue case, unless
the originating and receiving courts agree otherwise.
(c) Reimbursement of Costs. As a general policy the county
in which an action originated shall reimburse the county receiving
the change of venue case for any ordinary expenditure and any
extraordinary but reasonable and necessary expenditure that would
not otherwise have been incurred by the receiving county. For
purposes of this section, ordinary expenditure, extraordinary
expenditure, and nonreimbursable expenditure are defined as
follows:
(1) Ordinary expenditures include:
(A) juror expenses not reimbursed by the State of
Florida;
(B) court reporter expenses, including
appearances by either official or freelance reporters, transcripts,
and other expenses associated with the creation of a court record;
(C) court interpreters;
(D) maintenance of evidence, including the cost of
handling, storing, or maintaining the evidence beyond the expenses
normally incurred by the receiving county;
(E) services and supplies purchased as a result of
the change of venue;
(F) overtime expenditures for regular court and
clerk staff attributable to the change of venue; and
(G) trial-related expenses, including conflict
attorney fees; all expert, law enforcement, or ordinary witness costs
and expenses; and investigator expenses.
(2) Extraordinary but reasonable and necessary
expenses include:
(A) security-related expenditures, including
overtime for security personnel;
(B) facility remodeling or renovation; and
(C) leasing or renting of space or equipment.
Except in emergencies or unless it is impracticable to do so, a
receiving county should give notice to the chief judge and clerk of
the county in which the action originated before incurring any
extraordinary expenditures.
(3) Nonreimbursable expenses include:
(A) normal operating expenses, including the
overhead of the receiving county; and
(B) equipment that is purchased and kept by the
receiving county that can be used for other purposes or cases.
(d) Documentation of Costs. No expenses shall be
submitted for reimbursement without supporting documentation,
such as a claim, invoice, bill, statement, or time sheet. Any required
court order or approval of costs shall also be sent to the originating
court.
(e) Timing of Reimbursement. Unless both counties agree
to other terms, reimbursement of all expenses by the originating
county shall be paid or disputed in writing on or before the sixtieth
day after the receipt of the claim for reimbursement. Payment of a
disputed amount shall be made on or before the sixtieth day after
the resolution of this dispute. Any amount subject to dispute shall
be expeditiously resolved by authorized representatives of the court
administrator’s office of the originating and receiving counties.
(f) Media Relations. Procedures to accommodate the media
shall be developed by the receiving county immediately upon notice
of the change of venue when the change of venue is reasonably
expected to generate an unusual amount of publicity. These
procedures must be approved by the chief judge of the receiving
circuit and implemented pursuant to administrative order by the
presiding judge. The presiding judge shall obtain the concurrence of
the chief judge before entering any orders that vary from or conflict
with existing administrative orders of the receiving circuit.
(g) Case File. The clerk of the circuit court in the originating
county shall forward the original case file to the clerk in the
receiving county. The receiving clerk shall maintain the file and
keep it secure until the trial has been concluded. During the trial,
any documents or exhibits that have been added shall be properly
marked and added to the file in a manner consistent with the policy
and procedures of the receiving county. After the conclusion of the
trial, the file shall be returned to the clerk in the county of origin.
(a) Preliminary Procedures. Prior to entering an order to
change venue to a particular circuit in a criminal case or in any
other case in which change of venue will likely create an unusual
burden for the transferee circuit, the chief judge in the circuit in
which the case originated shall contact the chief judge in the circuit
to which the case is intended to be moved to determine the
receiving county’s ability to accommodate the change of venue. It is
the intent of this rule that the county identified to receive the case
shall do so unless the physical facilities or other resources in that
county are such that moving the case to that county would either
create an unsafe situation or adversely affect the operations of that
court. Any conflict between the circuits regarding a potential
change of venue shall be referred to the chief justice of the Florida
Supreme Court for resolution.
(b) Presiding Judge. The presiding judge from the
originating court shall accompany the change of venue case, unless
the originating and receiving courts agree otherwise.
(c) Reimbursement of Costs. As a general policy the county
in which an action originated shall reimburse the county receiving
the change of venue case for any ordinary expenditure and any
extraordinary but reasonable and necessary expenditure that would
not otherwise have been incurred by the receiving county. For
purposes of this section, ordinary expenditure, extraordinary
expenditure, and nonreimbursable expenditure are defined as
follows:
(1) Ordinary expenditures include:
(A) juror expenses not reimbursed by the State of
Florida;
(B) court reporter expenses, including
appearances by either official or freelance reporters, transcripts,
and other expenses associated with the creation of a court record;
(C) court interpreters;
(D) maintenance of evidence, including the cost of
handling, storing, or maintaining the evidence beyond the expenses
normally incurred by the receiving county;
(E) services and supplies purchased as a result of
the change of venue;
(F) overtime expenditures for regular court and
clerk staff attributable to the change of venue; and
(G) trial-related expenses, including conflict
attorney fees; all expert, law enforcement, or ordinary witness costs
and expenses; and investigator expenses.
(2) Extraordinary but reasonable and necessary
expenses include:
(A) security-related expenditures, including
overtime for security personnel;
(B) facility remodeling or renovation; and
(C) leasing or renting of space or equipment.
Except in emergencies or unless it is impracticable to do so, a
receiving county should give notice to the chief judge and clerk of
the county in which the action originated before incurring any
extraordinary expenditures.
(3) Nonreimbursable expenses include:
(A) normal operating expenses, including the
overhead of the receiving county; and
(B) equipment that is purchased and kept by the
receiving county that can be used for other purposes or cases.
(d) Documentation of Costs. No expenses shall be
submitted for reimbursement without supporting documentation,
such as a claim, invoice, bill, statement, or time sheet. Any required
court order or approval of costs shall also be sent to the originating
court.
(e) Timing of Reimbursement. Unless both counties agree
to other terms, reimbursement of all expenses by the originating
county shall be paid or disputed in writing on or before the sixtieth
day after the receipt of the claim for reimbursement. Payment of a
disputed amount shall be made on or before the sixtieth day after
the resolution of this dispute. Any amount subject to dispute shall
be expeditiously resolved by authorized representatives of the court
administrator’s office of the originating and receiving counties.
(f) Media Relations. Procedures to accommodate the media
shall be developed by the receiving county immediately upon notice
of the change of venue when the change of venue is reasonably
expected to generate an unusual amount of publicity. These
procedures must be approved by the chief judge of the receiving
circuit and implemented pursuant to administrative order by the
presiding judge. The presiding judge shall obtain the concurrence of
the chief judge before entering any orders that vary from or conflict
with existing administrative orders of the receiving circuit.
(g) Case File. The clerk of the circuit court in the originating
county shall forward the original case file to the clerk in the
receiving county. The receiving clerk shall maintain the file and
keep it secure until the trial has been concluded. During the trial,
any documents or exhibits that have been added shall be properly
marked and added to the file in a manner consistent with the policy
and procedures of the receiving county. After the conclusion of the
trial, the file shall be returned to the clerk in the county of origin.