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Florida Rules of General Practice
and Judicial Administration
Table of Contents
ORIGINAL ADOPTION, effective 7-1-78: 360 So.2d 1076.
PART I. GENERAL PROVISIONS
RULE 2.110. SCOPE AND PURPOSE
RULE 2.120. DEFINITIONS
RULE 2.130. PRIORITY OF FLORIDA RULES OF APPELLATE
PROCEDURE
RULE 2.140. AMENDING RULES OF COURT
PART II. STATE COURT ADMINISTRATION
RULE 2.205. THE SUPREME COURT
RULE 2.210. DISTRICT COURTS OF APPEAL
RULE 2.215. TRIAL COURT ADMINISTRATION
RULE 2.220. CONFERENCES OF JUDGES
RULE 2.225. JUDICIAL MANAGEMENT COUNCIL
RULE 2.230. TRIAL COURT BUDGET COMMISSION
RULE 2.235. DISTRICT COURT OF APPEAL BUDGET
COMMISSION
RULE 2.236. FLORIDA COURTS TECHNOLOGY COMISSION
RULE 2.240. DETERMINATION OF NEED FOR ADDITIONAL
JUDGES
RULE 2.241. DETERMINATION OF THE NECESSITY TO
INCREASE, DECREASE, OR REDEFINE JUDICIAL CIRCUITS
AND APPELLATE DISTRICTS
RULE 2.244. JUDICIAL COMPENSATION
RULE 2.245. CASE REPORTING SYSTEM FOR TRIAL COURTS
RULE 2.250. TIME STANDARDS FOR TRIAL AND APPELLATE
COURTS AND REPORTING REQUIREMENTS
RULE 2.255. STATEWIDE GRAND JURY
RULE 2.256. JUROR TIME MANAGEMENT
RULE 2.260. CHANGE OF VENUE
RULE 2.265. MUNICIPAL ORDINANCE VIOLATIONS
RULE 2.270. SUPREME COURT COMMITTEES ON STANDARD
JURY INSTRUCTIONS
PART III. JUDICIAL OFFICERS
RULE 2.310. JUDICIAL DISCIPLINE, REMOVAL, RETIREMENT,
AND SUSPENSION
RULE 2.320. CONTINUING JUDICIAL EDUCATION
RULE 2.330. DISQUALIFICATION OF TRIAL JUDGES
RULE 2.340. JUDICIAL ATTIRE
PART IV. JUDICIAL PROCEEDINGS AND RECORDS
RULE 2.410. POSSESSION OF COURT RECORDS
RULE 2.420. PUBLIC ACCESS TO AND PROTECTION OF
JUDICIAL BRANCH RECORDS
APPENDIX TO RULE 2.420
RULE 2.423. “MARSY’S LAW” CRIME VICTIM INFORMATION
WITHIN COURT FILING
RULE 2.425. MINIMIZATION OF THE FILING OF SENSITIVE
INFORMATION
RULE 2.430. RETENTION OF COURT RECORDS
RULE 2.440. RETENTION OF JUDICIAL BRANCH
ADMINISTRATIVE RECORDS
RULE 2.450. TECHNOLOGICAL COVERAGE OF JUDICIAL
PROCEEDINGS
RULE 2.451. USE OF ELECTRONIC DEVICES
PART V. PRACTICE OF LAW
A. ATTORNEYS
RULE 2.505. ATTORNEYS
RULE 2.510. FOREIGN ATTORNEYS
B. PRACTICE AND LITIGATION PROCEDURES
RULE 2.514. COMPUTING AND EXTENDING TIME
RULE 2.515. SIGNATURE AND CERTIFICATES OF ATTORNEYS
AND PARTIES
RULE 2.516. SERVICE OF PLEADINGS AND DOCUMENTS
RULE 2.520. DOCUMENTS
RULE 2.525. ELECTRONIC FILING
RULE 2.526. ACCESSIBILITY OF INFORMATION AND
TECHNOLOGY
RULE 2.530. COMMUNICATION TECHNOLOGY
RULE 2.533. ..................... OATHS AND AFFIRMATIONS IN COURT
185
RULE 2.535. COURT REPORTING
RULE 2.540. REQUESTS FOR ACCOMMODATIONS BY
PERSONS WITH DISABILITIES
RULE 2.545. CASE MANAGEMENT
RULE 2.550. CALENDAR CONFLICTS
RULE 2.555. INITIATION OF CRIMINAL PROCEEDINGS
RULE 2.560. APPOINTMENT OF SPOKEN LANGUAGE COURT
INTERPRETERS FOR NON-ENGLISH-SPEAKING AND
LIMITED-ENGLISH-PROFICIENT PERSONS
RULE 2.565. RETENTION OF SPOKEN LANGUAGE COURT
INTERPRETERS FOR NON-ENGLISH-SPEAKING AND
LIMITED-ENGLISH-PROFICIENT PERSONS BY ATTORNEYS
OR SELF-REPRESENTED LITIGANTS
RULE 2.570. PARENTAL-LEAVE CONTINUANCE
RULE 2.580. STANDARD JURY INSTRUCTIONS
FORM 2.601. REQUEST TO BE EXCUSED FROM E-MAIL
SERVICE BY A PARTY NOT REPRESENTED BY AN ATTORNEY
………………………………………………………..211
FORM 2.602. DESIGNATION OF E-MAIL ADDRESS BY A
PARTY NOT REPRESENTED BY AN ATTORNEY
FORM 2.603. CHANGE OF MAILING ADDRESS OR
DESIGNATED E-MAIL ADDRESS
JUDICIAL BRANCH RECORDS RETENTION SCHEDULE FOR
ADMINISTRATIVE RECORDS
CITATIONS TO OPINIONS ADOPTING OR AMENDING RULES
ORIGINAL ADOPTION, effective 7-1-78: 360 So.2d 1076.
OTHER OPINIONS:
Effective 1-1-79: 364 So.2d 466. Amended 2.070(f).
Effective 7-1-79: 372 So.2d 449. Amended 2.010–2.130.
Effective 2-21-80: 380 So.2d 1027. Amended 2.060(b).
Effective 1-1-81: 389 So.2d 202. Four-year-cycle revision. Amended 2.050(e),
2.130.
Effective 1-1-81: 391 So.2d 214. Amended 2.040(b)(3), 2.050(c).
Effective 1-1-82: 403 So.2d 926. Added 2.075.
Effective 12-1-83: 442 So.2d 198. Added 2.035.
Effective 2-23-84: 446 So.2d 87. Amended 2.035.
Effective 1-1-85: 458 So.2d 1110. Four-year-cycle revision. Amended 2.140(b)(2);
added 2.130(b)(5); renumbered 2.130(b)(6).
Effective 1-1-85: 462 So.2d 444. Added 2.071.
Effective 3-1-85: 465 So.2d 1217. Added 2.125.
Effective 7-1-86: 493 So.2d 423. Added 2.085.
Effective 2-1-87: 500 So.2d 524. Amended 2.040(a)(2), 2.050(c).
Effective 7-1-87: 507 So.2d 1390. Amended 2.050(d), 2.070(e).
Effective 7-1-87: 509 So.2d 276. Amended 2.130(f).
Effective 1-1-88: 518 So.2d 258. Added 2.150.
Effective 1-1-89: 532 So.2d 667. See revised opinion at 536 So.2d 195.
Effective 1-1-89: 536 So.2d 195. Four-year-cycle revision. Amended 2.050(c),
2.060(d), (h)–(j), 2.070(h), 2.085(a), (c).
Effective 6-1-89: 543 So.2d 1244. Added 2.125(b)(1)(I), (b)(1)(J).
Effective 11-9-89: 552 So.2d 194. Added 2.125(b)(1)(K).
Effective 1-11-90: 555 So.2d 848. Added 2.125(b)(1)(L).
Effective 1-18-90: 550 So.2d 457. Added 2.055.
Effective 6-15-90: 560 So.2d 786. Added 2.030(a)(3)(D).
Effective 10-22-92: 607 So.2d 396. Amended 2.130(b)(3).
Effective 10-29-92: 608 So.2d 472. Added 2.051.
Effective 1-1-93: 609 So.2d 465. Four-year-cycle revision. Substantively
amended 2.040(b)(5), 2.055, 2.060, 2.071,
2.085, 2.130; added 2.160, 2.170.
Effective 12-23-93: 634 So.2d 604. Amended 2.110(b).
Effective 2-9-95: 650 So.2d 30. Amended 2.170.
Effective 2-23-95: 650 So.2d 38. Amended 2.070.
Effective 3-23-95: 651 So.2d 1185. Amended 2.051.
Effective 3-30-95: 652 So.2d 811. Amended 2.125.
Effective 5-9-95: 654 So.2d 917. Amended 2.070(d)(2).
Effective 6-15-95: 656 So.2d 926. Amended 2.125.
Effective 1-1-96: 661 So.2d 806. Amended 2.070(b).
Effective 1-1-96: 665 So.2d 218. Amended 2.035.
Effective 4-11-96: 672 So.2d 523. Amended 2.050(b)(4), 2.050(b)(7); added
2.050(h).
Effective 6-27-96: 675 So.2d 1376. Added 2.072.
Effective 8-29-96: 678 So.2d 1285. Added court commentary to 2.050.
Effective 1-1-97: 681 So.2d 698. Added 2.060(f), renumbered 2.060(f)–(l);
amended 2.075, 2.090.
Effective 1-1-97: 682 So.2d 89. Four-year-cycle revision. Added
2.030(a)(2)(B)(iv), 2.052, 2.065, 2.135, 2.180;
amended 2.050(c), (e)(1)(F), (e)(3), (h), 2.055(c),
2.125 (for style); deleted 2.055(e).
Effective 2-7-97: 688 So.2d 320. Added 2.050(b)(10).
Effective 7-17-97: 697 So.2d 144. Partially suspended application of 2.055(c)
until January 1, 1999.
Effective 1-1-98: 701 So.2d 1164. Amended 2.060(f), 2.090(c).
Effective 11-20-97: 701 So.2d 864. Amended 2.050(b)(10).
Effective 1-1-99: 711 So.2d 29. Amended 2.055(c), added a new (d), and
redesignated former (d) as (e).
Effective 2-1-99: 746 So.2d 1073. Amended 2.051(c)(7).
Effective 5-25-00: 766 So.2d 999. Added 2.071(f).
Effective 7-14-00: 772 So.2d 532. Added 2.070(i).
Effective 12-1-00: 774 So.2d 625. Added 2.053.
Effective 1-1-01: 780 So.2d 819. Four-year-cycle revision. Amended 2.020,
2.053(b)(1)(A), 2.060, 2.070, 2.071(d),
2.130(a), (c), (e)–(g); added 2.061, 2.140(c).
Effective 7-1-01: 796 So.2d 477. Added 2.054.
Effective 10-1-01: 797 So.2d 1213. Amended 2.050(b).
Effective 1-1-02: 812 So.2d 401. Amended 2.054(e).
Effective 3-7-02: 825 So.2d 889. Amended 2.030, 2.040, 2.051, 2.075; added
2.076 and Judicial Branch Retention
Schedule for Administrative Records.
Effective 10-1-02: 826 So.2d 233. Amended 2.050, 2.052, 2.085.
Effective 9-19-02: 828 So.2d 994. Amended 2.130.
Effective 7-10-03: 851 So.2d 698. Amended 2.050, 2.053, 2.130.
Effective 1-1-04: 851 So.2d 698. Two-year-cycle revision. Amended 2.060,
2.070, 2.085, 2.160, 2.170.
Effective 1-1-04: 860 So.2d 394. Amended 2.060.
Effective 10-14-04: 888 So.2d 614. Amended 2.035.
Effective 1-1-05: 885 So.2d 870. Amended 2.160.
Effective 1-1-05: 889 So.2d 68. Amended 2.085.
Effective 5-12-05: 907 So.2d 1138. Amended 2.061.
Effective 11-3-05: 915 So.2d 157. Two-year-cycle revision. Amended 2.130.
Effective 1-1-06: 915 So.2d 157. Two-year-cycle revision. Amended 2.050,
2.051, 2.060, 2.071, 2.085.
Effective 1-1-06: 915 So.2d 145. Amended 2.030.
Effective 2-16-06: 921 So.2d 615. Adopted 2.036.
Effective 3-2-06: 923 So.2d 1160. Amended 2.050.
Effective 7-1-06: 933 So.2d 504. Adopted 2.073(a)–(d), (f).
Effective 7-6-06: 933 So.2d 1136. Amended 2.035.
Effective 9-21-06: 939 So.2d 966. Reorganization of rules. Adopted 2.140(g).
Effective 9-28-06: 939 So.2d 1051. Amended 2.235.
Effective 4-5-07: 954 So.2d 16. Amended 2.420.
Effective 5-17-07: 957 So.2d 1168. Adopted 2.244.
Effective 11-3-07: 915 So.2d 145. Amended 2.150(b)(3) [2.320(b)(3)].
Effective 1-1-08: 967 So.2d 178. Adopted 2.256, 2.430(l)
Effective 1-17-08: 973 So.2d 437. Amended 2.430.
Effective 1-31-08: 974 So.2d 1066. Amended 2.240.
Effective 4-1-08: 978 So.2d 805. Amended 2.215.
Effective 7-1-08: 933 So.2d 504. Adopted 2.073(e) [2.560(e)].
Effective 10-1-08: 992 So.2d 237. Amended 2.215.
Effective 1-1-09: 986 So.2d 560. Three-year-cycle revision. Amended 2.130,
2.140, 2.215, 2.330.
Effective 1-1-09: 991 So.2d 842. Amended 2.510.
Effective 7-16-09: 13 So.3d 1044. Amended 2.535.
Effective 11-12-09: 24 So.3d 47. Amended 2.250, 2.535.
Effective 3-18-10: 31 So.3d 756. Amended 2.420.
Effective 5-20-10: 41 So.3d 881. Amended 2.540.
Effective 7-1-10: 41 So.3d 128. Adopted 2.236.
Effective 10-1-10: 31 So.3d 756. Amended 2.420(d).
Effective 12-9-10: 51 So.3d 1151. Amended 2.320(a)(2).
Effective 2-24-11: 75 So.3d 1241. Amended 2.215(b)(10)(C).
Effective 7-7-11 68 So.3d 228. Amended 2.420(d)(1)(B)(xx).
Effective 10-1-11: 80 So.3d 317. Adopted 2.425.
Effective 1-1-12: 73 So.3d 210. Amended 2.505, 2.510, 2.525, 2.530. Adopted
2.526.
Effective 2-9-12: 121 So.3d 1. Amended 2.205, 2.210, 2.215, 2.220, 2.225,
2.230, 2.235, 2.244.
Effective 7-12-12: 95 So.3d 115. Amended 2.425.
Effective 9-1-12: 102 So.3d 505. Amended 2.515, Adopted 2.516.
Effective 10-01-12: 95 So.3d 96. Adopted 2.514.
Effective 6-21-12: 102 So.3d 451. Amended 2.430, 2.510, 2.516, 2.520, 2.525,
2.535.
Effective 12-20-12: 119 So.3d 1211. Amended 2.205, 2.220.
Effective 2-7-13: 124 So.3d 807. Amended 2.140.
Effective 4-4-13: 112 So.3d 1173. Amended 2.516.
Effective 5-1-13: 124 So.3d 819. Amended 2.420.
Effective 10-1-13: 118 So.3d 193. Adopted 2.451.
Effective 10-31-13: 125 So.3d 754. Amended 2.220.
Effective 1-1-14: 125 So.3d 743. Amended 2.205, 2.210.
Effective 11-14-13: 129 So.3d 358. Amended 2.240 and 2.241.
Effective 11-14-13: 126 So.3d 222. Amended 2.515, 2.516, 2.525.
Effective 4-1-14: 132 So.3d 1114. Amended 2.545.
Effective 12-18-14: 153 So.3d 896. Amended 2.420.
Effective 1-1-15: 148 So.3d 1171. Amended 2.215, 2.535.
Effective 1-1-15: 150 So.3d 787. Amended 2.430, 2.510.
Effective 1-1-15: 39 FLW S718. Amended 2.520. (Opinion withdrawn; see 4-2-
15.)
Effective 1-22-15: 156 So.3d 499. Amended 2.420.
Effective 4-2-15: 161 So.3d 1254. Amended 2.520.
Effective 9-10-15: 174 So.3d 991. Adopted 2.340.
Effective 10-1-15: 176 So.3d 267. Amended 2.560, Adopted 2.565.
Effective 2-4-16: 198 So.3d 592. Amended 2.425.
Effective 3-24-16: 190 So.3d 1053. Amended 2.535.
Effective 4-16-16: 189 So.3d 141. Amended 2.516 and 2.525.
Effective 4-21-16: 190 So.3d 1080. Amended 2.240.
Effective 12-8-16: 206 So.3d 1. Amended 2.560 and 2.565.
Effective 4-6-17: 214 So.3d 623.Amended 2.305.
Effective 1-1-18: 226. So.3d 223.
Amended 2.140, 2.510, and 2.516.
Effective 1-19-18: 233 So.3d 1022.
Amended 2.420.
Effective 7-1-18: 244 So.3d 1005.
Amended 2.560 and 2.565.
Effective 7-6-18: 248 So.3d 1083.
Amended 2.205.
Effective 1-1-19: 257 So.3d 66. Amended 2.514 and 2.516.
Effective 7-1-19: 44 FLW S189. Amended 2.420. (Opinion adjustment; see 11-
7-19.)
Effective 7-11-19: 276 So.3d 257. Amended 2.230.
Effective 10-3-19. 280 So.3d 452. Amended 2.420.
Effective 11-7-19. 284 So.3d 964. Amended 2.420.
Effective 1-1-20. 285 So.3d 931. Amended 2.240.
Effective 1-1-20. 288 So.3d 512. Adopted 2.570.
Effective 3-13-20. 291 So.3d 899. Amended 2.205.
Effective 4-1-20. 2020 WL 1593030. Adopted 2.270 and 2.580.(Opinion
adjustment; see 1-28-21.)
Effective 6-1-20. 289 So.3d 1264. Amended 2.140.
Effective 7-2-20. 302 So.3d 873. Amended 2.420.
Effective 9-10-20. 302 So.3d 315. Amended 2.220.
Effective 1-28-21. 312 So.3d 445. Amended 2.270 and 2.580.
Effective 1-28-21. 317 So.3d 1050. Amended 2.140.
Effective 3-1-21. 310 So.3d 374. Amended 2.110, 2.265, 2.330, 2.505, and
2.510.
Effective 7-1-21. 320 So.3d 626. Amended 2.420.
Effective 10-28-21. 2021 WL 5050374. Amended 2.140, 2.241, 2.420, 2.451, Judicial
Branch Records Retention Schedule.
Effective 11-18-21. 334 So.3d 292. Adopted 2.423.
Effective 2-7-22. 2021 WL 5832880. Amended 2.510.
Effective 5-12-22. SC22-521. Amended 2.215.
Effective 9-1-2022 SC21-1601 Amended 2.240.
Effective 10-1-2022 SC21-990 Amended 2.256, 2.451, 2.515, 2.516, and
2.530; added 2.601, 2.602, and 2.603.
Effective 10-24-2022 AOSC22-78 Amendments to conform with the updated
style guide.
Effective 11-17-2022 SC22-1387 Amended 2.420
Effective 1-23-2023 SC23-66 Amended 2.235
Effective 2-1-2023 SC23-114 Amended 2.320
Effective 7-1-2023 SC22-1277 Amended 2.540.
Effective 7-1-2023 SC23-14 Amended 2.420 and added 2.533.
Effective 10-19-23 SC23-1320 Amended 2.420
Effective 12-14-23 SC23-1612 Amended 2.320
Effective 1-1-2024 SC23-1114 Amended 2.215
Effective 2-8-2024 SC24-0059 Amended 2.420
PART I. GENERAL PROVISIONS
RULE 2.110 cases. SCOPE AND PURPOSE
These rules, cited as “Florida Rules of General Practice and
Judicial Administration” and abbreviated as “Fla. R. Gen. Prac. &
Jud. Admin.,” have been effect since 12:01 a.m. on July 1, 1979.
They shall apply to administrative matters in all courts to which the
rules are applicable by their terms. The rules shall be construed to
secure the speedy and inexpensive determination of every
proceeding to which they are applicable. These rules shall
supersede all conflicting rules and statutes.
RULE 2.120 cases. DEFINITIONS
The following terms have the meanings shown as used in
these rules:
(a) Court Rule: A rule of practice or procedure adopted to
facilitate the uniform conduct of litigation applicable to all
proceedings, all parties, and all attorneys.
(b) Local Court Rule:
(1) A rule of practice or procedure for circuit or county
application only that, because of local conditions, supplies an
omission in or facilitates application of a rule of statewide
application and does not conflict therewith.
(2) A rule that addresses other matters that are
required by the Florida Constitution, general law, rules of court, or
a supreme court opinion to be adopted by or in a local rule.
(c) Administrative Order: A directive necessary to
administer properly the court’s affairs but not inconsistent with the
constitution or with court rules and administrative orders entered
by the supreme court.
RULE 2.130 cases. PRIORITY OF FLORIDA RULES OF APPELLATE
PROCEDURE
The Florida Rules of Appellate Procedure shall control all
proceedings in the supreme court and the district courts, and all
proceedings in which the circuit courts exercise their appellate
jurisdiction, notwithstanding any conflicting rules of procedure.
RULE 2.140 cases. AMENDING RULES OF COURT
(a) Amendments Generally. The following procedure shall
be followed for consideration of rule amendments generally other
than those adopted under subdivisions (d), (e), (f), and (g):
(1) Suggestions for court rules, amendments to them,
or abrogation of them may be made by any person.
(2) Rule suggestions shall be submitted to the clerk of
the supreme court, the committee chair(s) of a Florida Bar
committee listed in subdivision (a)(3), or the Bar staff liaison of The
Florida Bar in writing and shall include a general description of the
proposed rule change or a specified proposed change in content.
The clerk of the supreme court shall refer proposals to the
appropriate committee under subdivision (a)(3).
(3) The Florida Bar shall appoint the following
committees to consider rule proposals: Civil Procedure Rules
Committee, Criminal Procedure Rules Committee, Small Claims
Rules Committee, Traffic Court Rules Committee, Appellate Court
Rules Committee, Juvenile Court Rules Committee, Code and Rules
of Evidence Committee, Rules of General Practice and Judicial
Administration Committee, Probate Rules Committee, and Family
Law Rules Committee.
(4) Each committee shall be composed of attorneys and
judges with extensive experience and training in the committee’s
area of concentration. Members of the Rules of General Practice and
Judicial Administration Committee shall also have previous rules
committee experience or substantial experience in the
administration of the Florida court system. The chair of each rules
committee shall appoint one of its members to the Rules of General
Practice and Judicial Administration Committee to serve as a
regular member of the Rules of General Practice and Judicial
Administration Committee to facilitate and implement routine
periodic reporting by and to the Rules of General Practice and
Judicial Administration Committee on the development and
progress of rule proposals under consideration and their potential
impact on other existing or proposed rules. The members of each
rules committee shall serve for 3-year staggered terms, except
members appointed by a rules committee chair to the Rules of
General Practice and Judicial Administration Committee who shall
serve at the pleasure of the respective rules committee chairs. The
president-elect of The Florida Bar shall appoint sitting members of
each rules committee to serve as chair(s) and vice chair(s) for each
successive year.
(5) The rules committees may originate proposals and
shall regularly review and reevaluate the rules to advance orderly
and inexpensive procedures for the administration of justice. The
committees shall consider and vote on each proposal. The rules
committees may accept or reject proposed amendments or may
amend proposals. The rules committees shall prepare meeting
agendas and minutes reflecting the status of rules proposals under
consideration and actions taken. Copies of the minutes shall be
furnished to the clerk of the supreme court, to the board of
governors of The Florida Bar, and to the proponent of any proposal
considered at the meeting. Each rules committee shall furnish
promptly and timely to every other rules committee all meeting
agendas and all minutes or other record of action taken.
(6) The Rules of General Practice and Judicial
Administration Committee shall serve as the central rules
coordinating committee. All committees shall provide a copy of any
proposed rules changes to the Rules of General Practice and
Judicial Administration Committee within 30 days of a committee’s
affirmative vote to recommend the proposed change to the supreme
court. The Rules of General Practice and Judicial Administration
Committee shall then refer all proposed rules changes to those
rules committees that might be affected by the proposed change.
(7) Whenever the Rules of General Practice and Judicial
Administration Committee receives a request to coordinate the
submission of a single comprehensive report of proposed rule
amendments on behalf of multiple rules committees, the general
procedure shall be as follows:
(A) The subcommittee chairs handling the matter
for each committee will constitute an ad hoc committee to discuss
the various committees’ recommendations and to formulate time
frames for the joint response. The chair of the ad hoc committee will
be the assigned Rules of General Practice and Judicial
Administration Committee subcommittee chair.
(B) At the conclusion of the work of the ad hoc
committee, a proposed joint response will be prepared by the ad hoc
committee and distributed to the committee chairs for each
committee’s review and final comments.
(C) The Rules of General Practice and Judicial
Administration Committee shall be responsible for filing the
comprehensive final report.
(b) Rules Proposals.
(1) Each rules committee may report proposed rule
changes to the supreme court whenever the committee determines
rules changes are needed.
(2) Before filing a report of proposed rule changes with
the supreme court, the committee report shall be furnished to the
Speaker of the Florida House of Representatives, the President of
the Florida Senate, and the chairs of the House and Senate
committees as designated by the Speaker and the President, and
published on the website of The Florida Bar and in The Florida Bar
News. Any person desiring to comment upon proposed rule changes
shall submit written comments to the appropriate committee
chair(s) as provided in the notice. The committee shall consider any
comments submitted. Any changes made shall be furnished to the
Speaker of the Florida House of Representatives, the President of
the Florida Senate, and the chairs of the House and Senate
committees as designated by the Speaker and the President, and
published on the website of The Florida Bar and in The Florida Bar
News. Any person desiring to comment thereafter shall submit
written comments to the supreme court in accordance with
subdivision (b)(6).
(3) After review of comments received and prior to the
filing of a report by a committee, the board of governors shall
consider the proposals and shall vote on each proposal to
recommend acceptance, rejection, or amendment.
(4) The committee and the executive director of The
Florida Bar shall file the report of the proposed rule changes with
the supreme court. The committee may amend its recommendations
to coincide with the recommendations of the board of governors or
may decline to do so or may amend its recommendations in another
manner. Any such amendments also shall be reported to the
supreme court. The report and proposed rule changes must
conform to the Guidelines for Rules Submissions approved by
administrative order and posted on the websites of the supreme
court and The Florida Bar. Consistent with the requirements that
are fully set forth in the Guidelines, the report shall include:
(A) a list of the proposed changes, together with a
detailed explanation of each proposal that includes a narrative
description of how each amendment changes the language of the
rule and a thorough discussion of the reason for each change;
(B) the final numerical voting record of the
proposals in the committee;
(C) the name and address of the proponent of each
change, if other than a member of the rules committee;
(D) a report of the action taken by the committee
on comments submitted in accordance with subdivision (b)(2);
(E) a report of the action and voting record of the
board of governors;
(F) any dissenting views of the committee and, if
available, of the board; and
(G) an appendix containing all comments
submitted to the committee, all relevant background documents,
the proposed amendments in legislative format, and a two-column
chart setting forth the proposed changes in legislative format in the
left column and a brief summary of the explanation of each change
given in the report in the right column.
The report and the proposed rule changes shall be filed with
the supreme court in an electronic format approved by the supreme
court.
(5) If oral argument is deemed necessary, the supreme
court shall establish a date for oral argument on the proposals.
Notice of the oral argument on the proposals and a copy of the
proposals shall be furnished to the affected committee chair(s) and
vice chair(s), the executive director and staff liaison of The Florida
Bar, all members of the Judicial Management Council, the clerk
and chief judge of each district court of appeal, the clerk and chief
judge of each judicial circuit, the Speaker of the Florida House of
Representatives, the President of the Florida Senate, the chairs of
the House and Senate committees as designated by the Speaker
and the President, and any person who has asked in writing filed
with the clerk of the supreme court for a copy of the notice. The
clerk may provide the notice electronically. The recommendations or
a resume of them shall be published on the websites of the supreme
court and The Florida Bar and in The Florida Bar News before the
oral argument or consideration of the proposals without oral
argument. Notice of the oral argument, if scheduled, shall also be
published on the website of the supreme court.
(6) Within the time allowed for comments set by the
supreme court, any person may file comments concerning the
proposals. All comments and other submissions by interested
persons shall be filed with the clerk of the supreme court and
served on the chair(s) of the appropriate rules committee, the Bar
staff liaison, and on the proponent of the rule change if other than a
member of the rules committee. The chair(s) of the rules committee
and the executive director of The Florida Bar shall file a response to
all comments within the time period set by the court. All comments
and other submissions regarding the rule change proposals shall be
filed in an approved electronic format with the supreme court. As
soon as practicable after the date of filing, the clerk of the supreme
court shall publish on the website of the supreme court all
comments and the responses of the chair(s) of the rules committee
that have been filed concerning the proposals. All requests or
submissions by a rules committee made in connection with a
pending rule change proposal shall be filed with the clerk of the
supreme court and thereafter published by the clerk of the supreme
court on the websites of the supreme court and The Florida Bar.
(7) Rules changes adopted by the court shall be made
effective either July 1 of the year of their adoption or January 1 of
the year following their adoption or on such other date as may be
requested by the committee or set by the court. The supreme court
may permit motions for rehearing to be filed on behalf of any person
who filed a comment, The Florida Bar, any bar association, and the
affected committee.
(c) Rejected Proposals. If a committee rejects a proposal,
the proponent may submit the proposed rule to the board of
governors and shall notify the chair(s) and vice chair(s) of the
affected committee of the submission of the proposed rule to the
board of governors. Minority reports of committees are allowed and
may be submitted to both the board of governors and the supreme
court.
(d) Amendments by Court. The supreme court, with or
without notice, may change court rules, on its own motion, at any
time without reference to a rules committee for recommendations.
The rule changes must conform to the Rules Style Guide contained
in the Guidelines for Rules Submissions approved by administrative
order and posted on the websites of the supreme court and The
Florida Bar. The change may become effective immediately or at a
future time. In either event, the court shall give notice of and fix a
date for further consideration of the change. Any person may file
comments concerning the change, seeking its abrogation or a delay
in the effective date, in accordance with the procedures set forth in
subdivision (b)(6). The court may allow oral argument on the
proposal or change. Notice of the oral argument, if scheduled, on
the change and a copy of the change shall be furnished to the
affected committee chair(s) and vice chair(s), the executive director
and staff liaison of The Florida Bar, all members of the Judicial
Management Council, the clerk and chief judge of each district
court of appeal, the clerk and chief judge of each judicial circuit, the
Speaker of the Florida House of Representatives, the President of
the Florida Senate, the chairs of the House and Senate committees
as designated by the Speaker and the President, and any person
who has asked in writing filed with the clerk of the supreme court
for a copy of the notice. The clerk may provide the notice
electronically. Notice of the change shall be published on the
websites of the supreme court and The Florida Bar, and in The
Florida Bar News either before or after the change is adopted.
Notice of the oral argument, if scheduled, shall also be published on
the website of the supreme court.
(e) Expedited Proposals and Proposals in Response to
Legislative Changes by Rules Committees. If, in the opinion of a
committee, a proposal warrants expedited consideration or a rule
amendment is necessary due to changes in legislation, and the
board of governors concurs, proposals may be made to the supreme
court using the committee’s fast-track procedures. The report and
proposed rule changes may be filed without prior publication for
comment and must conform to the Guidelines for Rules
Submissions approved by administrative order and posted on the
websites of the supreme court and The Florida Bar. The rules
committees’ fast-track procedures shall be used to address
legislative changes to ensure that ordinarily any resulting proposed
rule amendments can be adopted by the court before the effective
date of the legislation. If the court agrees that a proposal warrants
expedited consideration or a rule change is necessary due to a
legislative change, the court may publish the rule amendment for
comment after adopting it or may set a time for oral argument or for
consideration of the proposal without oral argument. Notice of the
oral argument on the proposals, if scheduled before or after
adoption, and a copy of the proposals shall be furnished to the
affected committee chair(s) and vice chair(s), the executive director
and the staff liaison of The Florida Bar, all members of the Judicial
Management Council, the clerk and chief judge of each district
court of appeal, the clerk and chief judge of each judicial circuit, the
Speaker of the Florida House of Representatives, the President of
the Florida Senate, the chairs of the House and Senate committees
as designated by the Speaker and the President, and any person
who has asked in writing filed with the clerk of the supreme court
for a copy of the notice. The clerk may provide the notice
electronically. Prior to or after their adoption, the recommendations
or a resume of them shall be published on the websites of the
supreme court and The Florida Bar, and in The Florida Bar News.
Any person may file comments concerning the changes, in
accordance with the procedures set forth in subdivision (b)(6).
Notice of the oral argument, if scheduled, shall also be published on
the website of the supreme court.
(f) Request by Court. The supreme court may refer a
specific rules proposal or issue to a rules committee for
consideration and may require the committee to report its
recommendation with the recommendations of the board of
governors. All requests or submissions by a rules committee made
in connection with a request under this subdivision shall be filed
with or submitted to the clerk of the supreme court as provided in
this subdivision.
(1) Recommended Rule Changes. A rule change
recommended in response to a request under this subdivision shall
be reported to the supreme court in accordance with subdivision
(b), unless the court directs or the committee determines and the
board of governors agrees that a proposed rule change warrants
expedited consideration. If a recommended change warrants
expedited consideration, the subdivision (e) procedures shall apply.
A report filed under this subdivision shall state that it is filed in
response to a request by the court under this subdivision.
(2) No Action Recommendations. If the court refers a
matter to a rules committee for consideration only and does not
direct the committee to propose a rule change, and after
considering the matter referred the committee determines that no
rule change is warranted, the committee shall submit a “no action
report” to the court explaining its recommendation that no rule
change is needed. A no action recommendation should not be
included in a report proposing rule changes filed under any other
subdivision of this rule. After the court considers the
recommendation, the clerk shall notify the rules committee chair(s)
and the executive director and the staff liaison of The Florida Bar
whether any further action is required of the committee.
(g) Amendments to the Rules of General Practice and
Judicial Administration.
(1) Amendments Without Referral to Rules Committee.
Changes to the Rules of General Practice and Judicial
Administration contained in Part II, State Court Administration, of
these rules, and rules 2.310, and 2.320, contained in Part III,
Judicial Officers, generally will be considered and adopted by the
supreme court without reference to or proposal from the Rules of
General Practice and Judicial Administration Committee. The
supreme court may amend rules under this subdivision at any
time, with or without notice. If a change is made without notice, the
court shall fix a date for future consideration of the change and the
change shall be published on the websites of the supreme court and
The Florida Bar, and in The Florida Bar News. Any person may file
comments concerning the change, in accordance with the
procedures set forth in subdivision (b)(6). The court may hear oral
argument on the change. Notice of the oral argument on the
change, if scheduled, and a copy of the change shall be provided in
accordance with subdivision (d).
(2) Other Amendments. Amendments to all other Rules
of General Practice and Judicial Administration shall be referred to
or proposed by the Rules of General Practice and Judicial
Administration Committee and adopted by the supreme court as
provided in subdivisions (a), (b), (c), (d), (e), and (f).
(h) Local Rules Proposed by Trial Courts. The foregoing
procedure shall not apply to local rules proposed by a majority of
circuit and county judges in the circuit. The chief justice of the
supreme court may appoint a Local Rule Advisory Committee to
consider and make recommendations to the court concerning local
rules and administrative orders submitted pursuant to rule
2.215(e).
Committee Notes
1980 Amendment. Rule 2.130 [renumbered as 2.140 in 2006]
is entirely rewritten to codify the procedures for changes to all
Florida rules of procedure as set forth by this court in In re Rules of
Court: Procedure for Consideration of Proposals Concerning Practice
and Procedure, 276 So.2d 467 (Fla.1972), and to update those
procedures based on current practice. The Supreme Court Rules
Advisory Committee has been abolished, and the Local Rules
Advisory Committee has been established.
PART II. STATE COURT ADMINISTRATION
RULE 2.205 cases. THE SUPREME COURT
(a) Internal Government.
(1) Exercise of Powers and Jurisdiction.
(A) The supreme court shall exercise its powers,
including establishing policy for the judicial branch, and
jurisdiction en banc. Five justices shall constitute a quorum and
the concurrence of 4 shall be necessary to a decision. In cases
requiring only a panel of 5, if 4 of the 5 justices who consider the
case do not concur, it shall be submitted to the other 2 justices.
(B) Consistent with the authority of the supreme
court to establish policy, including recommending state budget and
compensation priorities for the judicial branch, no judge, supreme
court created committee, commission, task force, or similar group,
and no conference (Conference of District Court of Appeal Judges,
Conference of Circuit Court Judges, Conference of County Court
Judges) is permitted to recommend to any legislative or executive
branch entity state budget priorities, including compensation and
benefits that have not been approved by the supreme court, or any
policy inconsistent with a policy adopted by the supreme court. This
subdivision is not intended to apply to judges expressing their
personal views who affirmatively state that they are not speaking on
behalf of the judicial branch. No resources of any judicial branch
entity may be used to facilitate or support the expression of such
personal views.
(C) Newly created judicial branch commissions,
committees, task forces, work groups, and similar study or advisory
groups must be established by the supreme court, not solely by the
chief justice. Such study or advisory groups may be created and
charged by rule adopted by the court, or by administrative order
issued by the chief justice in accordance with court action.
Members of such groups shall be appointed by administrative order
of the chief justice, after consultation with the court. When
practicable, ad hoc committees and other ad hoc study or advisory
groups, which should be used to address specific problems, shall be
established under the umbrella of an existing committee or
commission, which should be used to address long-term problems.
(2) Chief Justice.
(A) The chief justice shall be chosen by majority
vote of the justices for a term of 2 years commencing on July 1,
2012. The selection of the chief justice should be based on
managerial, administrative, and leadership abilities, without regard
to seniority only. A chief justice may serve successive terms limited
to a total of 8 years. The chief justice may be removed by a vote of 4
justices. If a vacancy occurs, a successor shall be chosen promptly
to serve the balance of the unexpired term.
(B) The chief justice shall be the administrative
officer of the judicial branch and of the supreme court and shall be
responsible for the dispatch of the business of the branch and of
the court and direct the implementation of policies and priorities as
determined by the supreme court for the operation of the branch
and of the court. The administrative powers and duties of the chief
justice shall include, but not be limited to:
(i) the responsibility to serve as the primary
spokesperson for the judicial branch regarding 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;
(ii) the power to act on requests for stays
during the pendency of proceedings, to order the consolidation of
cases, to determine all procedural motions and petitions relating to
the time for filing and size of briefs and other papers provided for
under the rules of this court, to advance or continue cases, and to
rule on other procedural matters relating to any proceeding or
process in the court;
(iii) the power to assign active or retired
county, circuit, or appellate judges or justices to judicial service in
this state, in accordance with subdivisions (a)(3) and (a)(4) of this
rule;
(iv) the power, upon request of the chief
judge of any circuit or district, or sua sponte, in the event of natural
disaster, civil disobedience, or other emergency situation requiring
the closure of courts or other circumstances inhibiting the ability of
litigants to comply with deadlines imposed by rules of procedure
applicable in the courts of this state, to enter such order or orders
as may be appropriate to suspend, toll, or otherwise grant relief
from time deadlines imposed by otherwise applicable statutes and
rules of procedure for such period as may be appropriate, including,
without limitation, those affecting speedy trial procedures in
criminal and juvenile proceedings, all civil process and proceedings,
and all appellate time limitations;
(v) the power, upon request of the chief
judge of any circuit or district, or sua sponte, in the event of a
public health emergency that requires mitigation of the effects of
the emergency on the courts and court participants, to enter such
order or orders as may be appropriate; suspend, extend, toll, or
otherwise change time deadlines or standards, including, without
limitation, those affecting speedy trial procedures in criminal and
juvenile proceedings; suspend the application of or modify other
requirements or limitations imposed by rules of procedure, court
orders, and opinions, including, without limitation, those governing
the use of communication equipment and proceedings conducted
by remote electronic means; and authorize temporary
implementation of procedures and other measures, including,
without limitation, the suspension or continuation of civil and
criminal jury trials and grand jury proceedings, which procedures
or measures may be inconsistent with applicable requirements, to
address the emergency situation or public necessity;
(vi) the authority to directly inform all judges
on a regular basis by any means, including, but not limited to,
email on the state of the judiciary, the state of the budget, issues of
importance, priorities and other matters of stateside interest;
furthermore, the chief justice shall routinely communicate with the
chief judges and leaders of the district courts, circuit and county
court conferences by the appropriate means;
(vii) the responsibility to exercise reasonable
efforts to promote and encourage diversity in the administration of
justice; and
(viii) the power to perform such other
administrative duties as may be required and which are not
otherwise provided for by law or rule.
(C) The chief justice shall be notified by all justices
of any contemplated absences from the court and the reasons
therefor. When the chief justice is to be temporarily absent, the
chief justice shall select the justice longest in continuous service as
acting chief justice.
(D) If the chief justice dies, retires, or is unable to
perform the duties of the office, the justice longest in continuous
service shall perform the duties during the period of incapacity or
until a successor chief justice is elected.
(E) The chief justice shall meet on a regular basis
with the chief judges of the district courts and the chief judges of
the circuit courts 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.
Such meetings shall, if practicable, occur at least quarterly and be
conducted in-person. At the discretion of the chief justice, any of
these meetings may be combined with other judicial branch and
leadership meetings and, where practicable include the justices of
the supreme court.
(3) Administration.
(A) The chief justice may, either upon request or
when otherwise necessary for the prompt dispatch of business in
the courts of this state, temporarily assign justices of the supreme
court, judges of district courts of appeal, circuit judges, and judges
of county courts to any court for which they are qualified to serve.
Any consenting retired justice or judge may be assigned to judicial
service and receive compensation as provided by law.
(B) For the purpose of judicial administration, a
“retired judge” is defined as a judge not engaged in the practice of
law who has been a judicial officer of this state. A retired judge shall
comply with all requirements that the supreme court deems
necessary relating to the recall of retired judges.
(C) When a judge who is eligible to draw
retirement compensation has entered the private practice of law,
the judge may be eligible for recall to judicial service upon cessation
of the private practice of law and approval of the judge’s application
to the court. The application shall state the period of time the judge
has not engaged in the practice of law, and must be approved by
the court before the judge shall be eligible for recall to judicial
service.
(D) A “senior judge” is a retired judge who is
eligible to serve on assignment to temporary judicial duty.
(4) Assignments of Justices and Judges.
(A) When a justice of the supreme court is unable
to perform the duties of office, or when necessary for the prompt
dispatch of the business of the court, the chief justice may assign to
the court any judge who is qualified to serve, for such time as the
chief justice may direct. However, no retired justice who is eligible
to serve on assignment to temporary judicial duty or other judge
who is qualified to serve may be assigned to the supreme court, or
continue in such assignment, after 7 sitting duly sworn justices are
available and able to perform the duties of office.
(B) When a judge of any district court of appeal is
unable to perform the duties of office, or when necessary for the
prompt dispatch of the business of the court, the chief judge shall
advise the chief justice and the chief justice may assign to the court
any judge who is qualified to serve, for such time or such
proceedings as the chief justice may direct.
(C) When any circuit or county judge is unable to
perform the duties of office, or when necessary for the prompt
dispatch of the business of the court, the chief judge of the circuit
may assign any judge in the circuit to temporary service for which
the judge is qualified, in accordance with rule 2.215. If the chief
judge deems it necessary, the chief judge may request the chief
justice to assign a judge to the court for such time or such
proceedings as the chief justice may direct.
(b) Clerk.
(1) Appointment. The supreme court shall appoint a
clerk who shall hold office at the pleasure of the court and perform
such duties as the court directs. The clerk’s compensation shall be
fixed by law. The clerk’s office shall be in the supreme court
building. The clerk shall devote full time to the duties of the office
and shall not engage in the practice of law while in office.
(2) Custody of Records, Files, and Seal. All court
records and the seal of the court shall be kept in the office and the
custody of the clerk. The clerk shall not allow any court record to be
taken from the clerk’s office or the courtroom, except by a justice of
the court or upon the order of the court.
(3) Records of Proceedings. The clerk shall keep such
records as the court may from time to time order or direct. The
clerk shall keep a docket or equivalent electronic record of all cases
that are brought for review to, or that originate in, the court. Each
case shall be numbered in the order in which the notice, petition, or
other initial pleading originating the cause is filed in the court.
(4) Filing Fee. In all cases filed in the court, the clerk
shall require the payment of a fee as provided by law when the
notice, petition, or other initial pleading is filed. The payment shall
not be exacted in advance in appeals in which a party has been
adjudicated insolvent for the purpose of an appeal or in appeals in
which the state is the real party in interest as the moving party. The
payment of the fee shall not be required in habeas corpus
proceedings, or appeals therefrom, arising out of or in connection
with criminal actions.
(5) Issuance and Recall of Mandate; Recordation and
Notification. The clerk shall issue such mandates or process as may
be directed by the court. If, within 120 days after a mandate has
been issued, the court directs that a mandate be recalled, then the
clerk shall recall the mandate. Upon the issuance or recall of any
mandate, the clerk shall record the issuance or recall in a book or
equivalent electronic record kept for that purpose, in which the date
of issuance or date of recall and the manner of transmittal of the
process shall be noted. In proceedings in which no mandate is
issued, upon final adjudication of the pending cause the clerk shall
transmit to the party affected thereby a copy of the court’s order or
judgment. The clerk shall notify the attorneys of record of the
issuance of any mandate, the recall of any mandate, or the
rendition of any final judgment. The clerk shall furnish without
charge to all attorneys of record in any cause a copy of any order or
written opinion rendered in such action.
(6) Return of Original Papers. Upon the conclusion of
any proceeding in the supreme court, the clerk shall return to the
clerk of the lower court the original papers or files transmitted to
the court for use in the cause.
(c) Librarian.
(1) Appointment. The supreme court shall appoint a
librarian of the supreme court and such assistants as may be
necessary. The supreme court library shall be in the custody of the
librarian, but under the exclusive control of the court. The library
shall be open to members of the bar of the supreme court, to
members of the legislature, to law officers of the executive or other
departments of the state, and to such other persons as may be
allowed to use the library by special permission of the court.
(2) Library Hours. The library shall be open during
such times as the reasonable needs of the bar require and shall be
governed by regulations made by the librarian with the approval of
the court.
(3) Books. Books shall not be removed from the library
except for use by, or upon order of, any justice.
(d) Marshal.
(1) Appointment. The supreme court shall appoint a
marshal who shall hold office at the pleasure of the court and
perform such duties as the court directs. The marshal’s
compensation shall be fixed by law.
(2) Duties. The marshal shall have power to execute
process of the court throughout the state and such other powers as
may be conferred by law. The marshal may deputize the sheriff or a
deputy sheriff in any county to execute process of the court and
shall perform such clerical or ministerial duties as the court may
direct or as required by law. Subject to the direction of the court,
the marshal shall be custodian of the supreme court building and
grounds.
(e) State Courts Administrator.
(1) Appointment. The supreme court shall appoint a
state courts administrator who shall serve at the pleasure of the
court and perform such duties as the court directs. The state courts
administrator’s compensation shall be fixed by law.
(2) Duties. The state courts administrator shall
supervise the administrative office of the Florida courts, which shall
be maintained at such place as directed by the supreme court; shall
employ such other personnel as the court deems necessary to aid in
the administration of the state courts system; shall represent the
state courts system before the legislature and other bodies with
respect to matters affecting the state courts system and functions
related to and serving the system; shall supervise the preparation
and submission to the supreme court, for review and approval, of a
tentative budget request for the state courts system and shall
appear before the legislature in accordance with the court’s
directions in support of the final budget request on behalf of the
system; shall inform the judiciary of the state courts system’s final
budget request and any proposed substantive law changes
approved by the supreme court; shall assist in the preparation of
educational and training materials for the state courts system and
related personnel, and shall coordinate or assist in the conduct of
educational and training sessions for such personnel; shall assist
all courts in the development of improvements in the system, and
submit to the chief justice and the court appropriate
recommendations to improve the state courts system; and shall
collect and compile uniform financial and other statistical data or
information reflective of the cost, workloads, business, and other
functions related to the state courts system. The state courts
administrator is the custodian of all records in the administrator’s
office.
(f) Open Sessions. All sessions of the court shall be open to
the public, except proceedings designated as confidential by the
court and conference sessions held for the discussion and
consideration of pending cases, for the formulation of opinions by
the court, and for the discussion or resolution of other matters
related to the administration of the state courts system.
(g) Designation of Assigned Judges. When any judge of
another court is assigned for temporary service on the supreme
court, that judge shall be designated, as author or participant, by
name and initials followed by the words “Associate Justice.”
RULE 2.210 cases. DISTRICT COURTS OF APPEAL
(a) Internal Government.
(1) Exercise of Powers and Jurisdiction. Three judges
shall constitute a panel for and shall consider each case, and the
concurrence of a majority of the panel shall be necessary to a
decision.
(2) Chief Judge.
(A) The selection of a chief judge should be based
on managerial, administrative, and leadership abilities, without
regard to seniority only.
(B) The chief judge shall be the administrative
officer of the court, and shall, consistent with branch-wide policies,
direct the formation and implementation of policies and priorities
for the operation of the court. The chief judge shall exercise
administrative supervision over all judges and court personnel. The
chief judge shall be responsible to the chief justice of the supreme
court. The chief judge may enter and sign administrative orders.
The administrative powers and duties of the chief judge include, but
are not limited to, the power to order consolidation of cases, and to
assign cases to the judges for the preparation of opinions, orders, or
judgments. The chief judge shall have the authority to require all
judges of the court, court officers and court personnel, to comply
with all court and judicial branch policies, administrative orders,
procedures, and administrative plans.
(C) The chief judge shall maintain liaison in all
judicial administrative matters with the chief justice of the supreme
court, and shall, considering available resources, ensure the
efficient and proper administration of the court. The chief judge
shall develop an administrative plan that shall include an
administrative organization capable of effecting the prompt
disposition of cases, the assignment of judges, other court officers,
and court personnel, and the control of dockets. The administrative
plan shall include a consideration of the statistical data developed
by the case reporting system.
(D) All judges shall 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 matter pending
before the judge to any other judge or any additional assigned judge
of the same court. If it appears to the chief judge that the speedy,
efficient, and proper administration of justice so requires, the chief
judge shall request the chief justice of the supreme court to assign
temporarily an additional judge or judges from outside the court to
duty in the court requiring assistance, and shall advise the chief
justice whether or not the approval of the chief judge of the court
from which the assignment is to be made has been obtained. The
assigned judges shall be subject to administrative supervision of the
chief judge for all purposes of this rule. Nothing in this rule shall
restrict the constitutional powers of the chief justice of the supreme
court to make such assignments as the chief justice shall deem
appropriate.
(E) The chief judge shall 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 docket. The chief judge may take
such action as may be necessary to cause the docket to be made
current.
(F) The chief judge shall be chosen by a majority
of the active judges of the court for a term commencing on July 1 of
each odd-numbered year, and shall serve for a term of 2 years. A
chief judge may serve for successive terms but in no event shall the
total term as chief judge exceed 8 years. In the event of a vacancy, a
successor shall be chosen promptly to serve the balance of the
unexpired term. If the chief judge is unable to discharge these
duties, the judge longest in continuous service or, as between
judges with equal continuous service, the one having the longest
unexpired term and able to do so, shall perform the duties of chief
judge pending the chief judge’s return to duty. Judges shall notify
the chief judge of any contemplated absence from the court and the
reasons therefor. A chief judge may be removed as chief judge by
the supreme court, acting as the administrative supervisory body of
all courts, or by a two-thirds vote of the active judges.
(G) The failure of any judge to comply with an
order or directive of the chief judge shall be considered neglect of
duty and may be reported by the chief judge to the chief justice of
the supreme court who shall have the authority to take such
corrective action as may be appropriate. 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 such
other corrective action as may be appropriate.
(H) At the call of the chief justice, the chief judges
of the circuit court and district courts of appeal shall meet on a
regular basis and with each other and with the chief justice 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. Such meetings shall, if
practicable, occur at least quarterly and be conducted in person. At
the discretion of the chief justice, any of these meetings may be
combined with other judicial branch and leadership meetings.
(I) The chief judge shall have the responsibility to
exercise reasonable efforts to promote and encourage diversity in
the administration of justice.
(b) Clerk.
(1) Appointment. The court shall appoint a clerk who
shall hold office at the pleasure of the court and perform such
duties as the court directs. The clerk’s compensation shall be fixed
by law. The clerk’s office shall be in the headquarters of the court.
The clerk’s time shall be devoted to the duties of the office and the
clerk shall not engage in the private practice of law while serving as
clerk. All court records and the seal of the court shall be kept in the
office and the custody of the clerk. The clerk shall not allow any
court record to be taken from the clerk’s office or the courtroom,
except by a judge of the court or upon order of the court.
(2) Records of Proceedings. The clerk shall keep such
records as the court may from time to time order or direct. The
clerk shall keep a docket or equivalent electronic record of all cases
that are brought for review to, or that originate in, the court. Each
case shall be numbered in the order that the notice, petition, or
other initial pleading originating the proceeding is filed in the court.
(3) Filing Fee. In all cases filed in the court, the clerk
shall require the payment of a fee as provided by law at the time the
notice, petition, or other initial pleading is filed. The payment shall
not be exacted in advance in appeals in which a party has been
adjudicated insolvent for the purpose of an appeal or in appeals in
which the state is the real party in interest as the moving party. The
payment of the fee shall not be required in habeas corpus
proceedings or appeals therefrom.
(4) Issuance and Recall of Mandate; Recordation and
Notification. The clerk shall issue such mandates or process as may
be directed by the court. If, within 120 days after a mandate has
been issued, the court directs that a mandate be recalled, then the
clerk shall recall the mandate. If the court directs that a mandate
record shall be maintained, then upon the issuance or recall of any
mandate the clerk shall record the issuance or recall in a book or
equivalent electronic record kept for that purpose, in which shall be
noted the date of issuance or the date of recall and the manner of
transmittal of the process. In proceedings in which no mandate is
issued, upon final adjudication of the pending cause the clerk shall
transmit to the party affected thereby a copy of the court’s order or
judgment. The clerk shall notify the attorneys of record of the
issuance of any mandate, the recall of any mandate, or the
rendition of any final judgment. The clerk shall furnish without
charge to all attorneys of record in any cause a copy of any order or
written opinion rendered in such action.
(5) Return of Original Papers. The clerk shall retain all
original papers, files, and exhibits transmitted to the court for a
period of not less than 30 days after rendition of the opinion or
order denying any motion pursuant to Florida Rule of Appellate
Procedure 9.330, whichever is later. If no discretionary review
proceeding or appeal has been timely commenced in the supreme
court to review the court’s decision within 30 days, the clerk shall
transmit to the clerk of the trial court the original papers, files, and
exhibits. If a discretionary review proceeding or appeal has been
timely commenced in the supreme court to review the court’s
decision, the original papers, files, and exhibits shall be retained by
the clerk until transmitted to the supreme court or, if not so
transmitted, until final disposition by the supreme court and final
disposition by the court pursuant to the mandate issued by the
supreme court.
(c) Marshal.
(1) Appointment. The court shall appoint a marshal who
shall hold office at the pleasure of the court and perform such
duties as the court directs. The marshal’s compensation shall be
fixed by law.
(2) Duties. The marshal shall have power to execute
process of the court throughout the district, and in any county
therein may deputize the sheriff or a deputy sheriff for such
purpose. The marshal shall perform such clerical or ministerial
duties as the court may direct or as are required by law. The
marshal shall be custodian of the headquarters occupied by the
court, whether the headquarters is an entire building or a part of a
building.
(d) Open Sessions. All sessions of the court shall be open to
the public, except conference sessions held for the discussion and
consideration of pending cases, for the formulation of opinions by
the court, and for the discussion or resolution of other matters
related to the administration of the court.
(e) Designation of Assigned Judges. When any justice or
judge of another court is assigned for temporary service on a
district court of appeal, that justice or judge shall be designated, as
author or participant, by name and initials followed by the words
“Associate Judge.”
RULE 2.215 cases. 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 these rules refer
to the court, they shall be construed to apply to a judge of the court
when the context requires or permits.
(b) Chief Judge.
(1) The chief judge shall be a circuit judge who
possesses managerial, administrative, and leadership abilities, and
shall be selected without regard to seniority only.
(2) The chief judge shall be the administrative officer of
the courts within the circuit and shall, consistent with branch-wide
policies, direct the formation and implementation of policies, and
priorities for the operation of all courts and officers within the
circuit. The chief judge shall exercise administrative supervision
over all judges and court personnel within the judicial circuit. The
chief judge shall be 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 shall have
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 shall maintain liaison in all judicial
administrative matters with the chief justice of the supreme court,
and shall, considering available resources, ensure the efficient and
proper administration of all courts within that circuit. The chief
judge shall develop an administrative plan that shall be filed with
the supreme court and shall include 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 shall
be compatible with the development of the capabilities of the judges
in such a manner that each judge will be qualified to serve in any
division, thereby creating a judicial pool from which judges may be
assigned to various courts throughout the state. The administrative
plan shall 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 shall be
directed to the chief justice of the supreme court through the state
courts administrator.
(4) The chief judge shall assign judges to the courts
and divisions, and shall determine the length of each assignment.
The chief judge is authorized to order consolidation of cases, and to
assign cases to a judge or judges for the preparation of opinions,
orders, or judgments. All judges shall 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 shall 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 shall be
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 shall assign to
such cases a judge qualified to conduct such proceedings under
subdivision (b)(10) of this rule. Nothing in this rule shall restrict the
constitutional powers of the chief justice of the supreme court to
make such assignments as the chief justice shall deem appropriate.
(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 shall assign only one administrative judge to supervise
the family court. The designee shall be responsible to the chief
judge, shall have the power and duty to carry out the
responsibilities assigned by the chief judge, and shall serve 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 that the chief judge
deems necessary.
(7) The chief judge shall 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 such
action as may be necessary to cause the dockets to be made
current. The chief judge shall 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 shall take the necessary actions to assure that such cases
proceed without undue delay. On the first day of every January,
April, July, and October, the chief judge shall inform the chief
justice of the supreme court of the status of all such cases.
(8) The chief judge or the chief judge’s designee shall
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. When so authorized,
clerks of court shall be permitted to retain in such branch court
facilities all county court permanent records of pending cases, and
may retain and destroy these records in the manner provided by
law.
(10) (A) The chief judge shall 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 upon 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 shall remain qualified to preside over a
capital case by attending a “Capital Case Refresher” course once
during each of the subsequent continuing judicial education (CJE)
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 shall be at least a 6-hour
course and must be approved by the Florida Court Education
Council. The course must contain instruction on the following
topics: penalty phase, jury selection, and proceedings brought
pursuant to Florida Rule of Criminal Procedure 3.851.
(11) The failure of any judge to comply with an order or
directive of the chief judge shall be considered neglect of duty and
may be reported by the chief judge to the chief justice of the
supreme court who shall have the authority to take any corrective
action as may be appropriate. 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 such other corrective
action as may be appropriate.
(12) At the call of the chief justice, the chief judges of the
circuit court and district courts of appeal shall meet on a regular
basis and with each other and with the chief justice 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. Such meetings shall, if practicable, occur at
least quarterly and be conducted in person. 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 shall have the responsibility to
exercise reasonable efforts to promote and encourage diversity in
the administration of justice.
(c) Selection. The chief judge shall 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 if there is no majority, by the chief justice, for a term of 2 years.
The election for chief judge shall 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 shall be conducted as
follows:
(1) All ballots shall be secret.
(2) Any circuit or county judge may nominate a
candidate for chief judge.
(3) Proxy voting shall not be 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 in no
event shall the total term as chief judge exceed 8 years. A chief
judge who is to be temporarily absent shall 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 of the
supreme court shall 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 shall be 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 shall be 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 shall apply:
(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) Not later than February 15 of each year, the
clerk of the supreme court must submit all local court rule
proposals to the Supreme Court Local Rules Advisory Committee
created by rule 2.140. 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 the 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 must consider the
recommendations of the committee 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) If a local court rule is approved by the
supreme court, it must become effective on the date set by that
court.
(F) A copy of all local court rules approved by the
supreme court must be indexed and recorded by the clerk of the
circuit court in each county of the circuit where the rules 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 for the cost of duplication. The chief judge of the
circuit must publish the rules on the circuit’s website. The clerk of
the supreme court must furnish copies of each approved local court
rule to the executive director of The Florida Bar.
(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) All administrative orders of a general and
continuing nature, and all others designated by the chief judge,
must be indexed and recorded by the clerk of the circuit court 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 for 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, on an annual basis, direct a
review of all local administrative orders 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 pursuant to 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) Duty to Rule within a Reasonable Time. Every judge
has a duty to rule upon and announce an order or judgment on
every matter submitted to that judge within a reasonable time.
Each judge must maintain a log of cases under advisement and
inform the chief judge of the circuit at the end of each calendar
month of each case that has been held under advisement for more
than 60 days.
(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. As part of an effort
to make capital postconviction cases a priority, the chief judge shall
have the discretion to create a postconviction division to handle
capital postconviction, as well as non-capital postconviction cases,
and may assign one 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
such action as may be necessary to ensure that a complete record
on appeal has been properly prepared. To that end, the judge must
convene a status conference with all counsel of record as soon as
possible after the record has been prepared pursuant to 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.
RULE 2.220 cases. CONFERENCES OF JUDGES
(a) Conference of County Court Judges.
(1) Creation. There shall be a “Conference of County
Court Judges of Florida,” consisting of the active and senior county
court judges of the State of Florida.
(2) Purpose. The purpose of the conference shall be:
(A) the betterment of the judicial system of the
state;
(B) the improvement of procedure and practice in
the several courts;
(C) to conduct conferences and institutes for
continuing judicial education and to provide forums in which the
county court judges of Florida may meet and discuss mutual
problems and solutions; and
(D) to provide input to the Unified Committee on
Judicial Compensation on judicial compensation and benefit issues,
and to assist the judicial branch in soliciting support and resources
on these issues.
(3) Officers. Management of the conference shall be
vested in the officers of the conference, an executive committee, and
a board of directors.
(A) The officers of the conference shall be:
(i) the president, president-elect, immediate
past president, secretary, and treasurer, who shall be elected at
large; and
(ii) one vice-president elected from each
appellate court district.
(B) The executive committee shall consist of the
officers of the conference and an executive secretary.
(C) The board of directors shall consist of the
executive committee and a member elected from each judicial
circuit.
(D) There shall be an annual meeting of the
conference.
(E) Between annual meetings of the conference,
the affairs of the conference shall be managed by the executive
committee.
(4) Authority. The conference may adopt governance
documents, the provisions of which shall not be inconsistent with
this rule.
(b) Conference of Circuit Court Judges.
(1) Organization. There shall be a “Conference of Circuit
Court Judges of Florida,” consisting of the active and retired circuit
judges of the several judicial circuits of the state, excluding retired
judges practicing law.
(2) Purpose. The purpose of the conference shall be:
(A) the betterment of the judicial system of the
state;
(B) the improvement of procedure and practice in
the several courts;
(C) to conduct conferences and institutes for
continuing judicial education and to provide forums in which the
circuit court judges of Florida may meet and discuss mutual
problems and solutions;
(D) to provide input to the Unified Committee on
Judicial Compensation on judicial compensation and benefit issues,
and to assist the judicial branch in soliciting support and resources
on these issues;
(E) to report to the Florida Supreme Court
recommendations as the conference may have concerning the
improvement of procedure and practice in the several courts;
(F) to confer with the Florida Supreme Court
regarding concerns the conference may have concerning the laws of
this state affecting the administration of justice; and
(G) to provide to the Florida Legislature
recommendations as the conference may have concerning laws of
this state affecting the administration of justice.
(3) Officers. Management of the conference shall be
vested in the officers of the conference, an executive committee, and
a board of directors.
(A) The officers of the conference shall be the
chair, chair-elect, secretary, and treasurer.
(B) The executive committee shall consist of the
officers of the conference and such other members as the
conference shall determine.
(C) The board of directors shall consist of the
executive committee and membership in one shall be identical to
membership of the other.
(D) There shall be an annual meeting of the
conference.
(E) Between annual meetings of the conference,
the affairs of the conference shall be managed by the executive
committee.
(4) Authority. The conference may adopt governance
documents, the provisions of which shall not be inconsistent with
this rule.
(c) Conference of District Court of Appeal Judges.
(1) Creation. There shall be a “Florida Conference of
District Court of Appeal Judges,” consisting of the active and senior
district court of appeal judges of the State of Florida.
(2) Purpose. The purpose of the conference shall be:
(A) the betterment of the judicial system of the
state;
(B) the improvement of procedure and practice in
the several courts;
(C) to conduct conferences and institutes for
continuing judicial education and to provide forums in which the
district court of appeal judges of Florida may meet and discuss
mutual problems and solutions; and
(D) to provide input to the Unified Committee on
Judicial Compensation on judicial compensation and benefit issues,
and to assist the judicial branch in soliciting support and resources
on these issues.
(3) Officers. Management of the conference shall be
vested in the officers of the conference and an executive committee.
(A) The officers of the conference shall be the
president, president-elect, and secretary-treasurer.
(B) The executive committee shall consist of the
president and president-elect of the conference and the chief judge
of each district court of appeal.
(C) There shall be an annual meeting of the
conference.
(D) Between annual meetings of the conference,
the affairs of the conference shall be managed by the executive
committee.
(4) Authority. The conference may adopt governance
documents, the provisions of which shall not be inconsistent with
this rule.
(d) Cooperation and Coordination. The conference of
judges shall cooperate and coordinate with each other and the state
courts administrator on all matters that have implications for the
branch as a whole, consistent with their purpose of the betterment
of the judicial system of the state and subject to the direction of the
chief justice as the chief administrative officer of the judicial
branch.
RULE 2.225 cases. JUDICIAL MANAGEMENT COUNCIL
(a) Creation and Responsibilities. There is hereby created
the Judicial Management Council of Florida, which shall meet at
least quarterly, and be charged with the following responsibilities:
(1) identifying potential crisis situations affecting the
judicial branch and developing strategy to timely and effectively
address them;
(2) identifying and evaluating information that would
assist in improving the performance and effectiveness of the judicial
branch (for example, information including, but not limited to,
internal operations for cash flow and budget performance, and
statistical information by court and type of cases for (i) number of
cases filed, (ii) aged inventory of cases — the number and age of
cases pending, (iii) time to disposition — the percentage of cases
disposed or otherwise resolved within established time frames, and
(iv) clearance rates — the number of outgoing cases as a percentage
of the number of incoming cases);
(3) developing and monitoring progress relating to long-
range planning for the judicial branch;
(4) reviewing the charges of the various court and
Florida Bar commissions and committees, recommending
consolidation or revision of the commissions and committees, and
recommending a method for the coordination of the work of those
bodies based on the proposed revisions; and
(5) addressing issues brought to the council by the
supreme court.
(b) Referrals. The chief justice and the supreme court shall
consider referring significant new issues or problems with
implications for judicial branch policy to the Judicial Management
Council prior to the creation of any new committees.
(c) Supreme Court Action on Recommendations by the
Judicial Management Council. The supreme court may take any
or all of the following actions on recommendations made by the
Judicial Management Council:
(1) adopt the recommendation of the council in whole
or in part, with or without conditions, including but not limited to:
(A) directing that action be taken to influence or
change administrative policy, management practices, rules, or
programs that are the subject of the recommendations;
(B) including the recommendation in the judicial
branch’s legislative agenda or budget requests;
(2) refer specific issues or questions back to the council
for further study or alternative recommendations;
(3) reject the recommendation or decision in whole or
in part;
(4) refer the recommendation to other entities, such as
the Florida Legislature, the governor, the cabinet, executive branch
agencies, or The Florida Bar, as the supreme court deems
appropriate; or
(5) take alternative action.
(d) Membership.
(1) The council shall consist of 15 voting members,
including the chief justice, who shall chair the council, an
additional justice of the supreme court, representatives from each
level of court, and public members.
(2) All voting members shall be appointed by the
supreme court. Each member, other than the chief justice, will
initially be appointed for a 2- or 4- year term, with the terms
staggered to ensure continuity and experience on the council and
for 4-year terms thereafter.
(3) The state courts administrator shall be a nonvoting
member. The council may request other nonvoting persons to
participate on an as-needed temporary basis to gain expertise and
experience in certain issues on review.
(e) Staff Support and Funding. The Office of the State
Courts Administrator shall provide primary staff support to the
Judicial Management Council. Adequate staffing and other
resources shall be made available to the Office of the State Courts
Administrator to ensure the effective and efficient completion of
tasks assigned to the Judicial Management Council. Sufficient
resources shall also be provided for meetings of the Judicial
Management Council and its committees or subcommittees, and
other expenses necessary to the satisfactory completion of its work.
RULE 2.230 cases. TRIAL COURT BUDGET COMMISSION
(a) Purpose. The purpose of this rule is to establish a Trial
Court Budget Commission that will have the responsibility for
developing and overseeing the administration of trial court budgets
in a manner which ensures equity and fairness in state funding
among the 20 judicial circuits.
(b) Responsibilities. The Trial Court Budget Commission is
charged with specific responsibility to:
(1) establish budgeting and funding policies and
procedures consistent with judicial branch plans and policies,
directions from the supreme court, and in consideration of input
from the Commission on Trial Court Performance and
Accountability and other supreme court committees and from the
Florida Conference of Circuit Court Judges and the Florida
Conference of County Court Judges;
(2) make recommendations to the supreme court on
the trial court component of the annual judicial branch budget
request;
(3) advocate for the trial court component of the annual
judicial branch budget request and associated statutory changes;
(4) make recommendations to the supreme court on
funding allocation formulas and budget implementation and criteria
as well as associated accountability mechanisms based on actual
legislative appropriations;
(5) monitor trial court expenditure trends and revenue
collections to identify unanticipated budget problems and to ensure
the efficient use of resources;
(6) recommend statutory and rule changes related to
trial court budgets;
(7) develop recommended responses to findings on
financial audits and reports from the Supreme Court Inspector
General, Auditor General, Office of Program Policy Analysis and
Government Accountability, and other governmental entities
charged with auditing responsibilities regarding trial court
budgeting when appropriate;
(8) recommend to the supreme court trial court budget
reductions required by the legislature;
(9) identify potential additional sources of revenue for
the trial courts;
(10) recommend to the supreme court legislative pay
plan issues for trial court personnel, except the commission shall
not make recommendations as to pay or benefits for judges; and
(11) request input from the Commission on Trial Court
Performance and Accountability on recommendations from that
commission that may impact the trial court budget or require
funding.
(c) Operational Procedures. The Trial Court Budget
Commission will establish operating procedures necessary to carry
out its responsibilities as outlined in subdivision (b), subject to final
approval by the supreme court. These procedures shall include:
(1) a method for ensuring input from interested
constituencies, including the chief judges and trial court
administrators of the trial courts, other members of the trial court
judiciary, the Judicial Management Council, the Commission on
Trial Court Performance and Accountability, and other judicial
branch committees and commissions; and
(2) a method for appeal of the decisions of the Trial
Court Budget Commission. Appeals may be made only by a chief
judge on behalf of a circuit. Appeals may be heard only by the Trial
Court Budget Commission unless the appeal is based on the failure
of the commission to adhere to its operating procedures, in which
case the appeal may be made to the supreme court.
(d) Action by Supreme Court or Chief Justice on
Recommendations of Trial Court Budget Commission. The
supreme court or chief justice, as appropriate, may take any or all
of the following actions on recommendations made by the Trial
Court Budget Commission:
(1) The adoption of the recommendations of the
commission made in accordance with the discharge of its
responsibilities listed in subdivision (b) in whole.
(2) The adoption of the recommendations in part and
referral of specific issues or questions back to the commission for
further study or alternative recommendations.
(e) Membership and Organization. The Trial Court Budget
Commission will be composed of 21 voting members appointed by
the chief justice who will be trial court judges and trial court
administrators and who will represent the interests of the trial
courts generally rather than the individual interests of a particular
circuit, level of court, or division. The respective presidents of the
Conference of Circuit Court Judges and the Conference of County
Court Judges and the chair of the Commission on Trial Court
Performance and Accountability shall serve as ex officio nonvoting
members of the commission. The chief justice will make
appointments to ensure that the broad interests of the trial courts
are represented by including members who are from different levels
of court (circuit or county), who have experience in different
divisions, who have expertise in court operations or administrative
matters, and who offer geographic, racial, ethnic, and gender
diversity.
(1) The membership must include a minimum of 12
trial court judges and a minimum of 5 trial court administrators.
(2) The chief justice will appoint 1 member to serve as
chair and 1 member to serve as vice chair, each for a 2-year term.
(3) A supreme court justice will be appointed by the
chief justice to serve as supreme court liaison.
(4) No circuit will have more than 2 members on the
commission.
(5) Voting members will each be appointed for a 6-year
term and may serve no more than two full terms. Notwithstanding
that limitation, the chief justice may appoint a member for
additional terms if the supreme court determines it is in the best
interests of the trial courts. In the event of a vacancy, the chief
justice will appoint a new member to serve for the remainder of the
departing member’s term, which service shall not count toward the
limitation on the number of terms.
(6) The commission may establish subcommittees as
necessary to satisfactorily carry out its responsibilities.
Subcommittees may make recommendations only to the
commission as a whole. The chair of the commission may appoint a
non-commission member to serve on a subcommittee.
(f) Staff Support and Funding. The Office of the State
Courts Administrator will provide primary staff support to the
commission. Adequate staffing and resources will be made available
to the Office of the State Courts Administrator to ensure the
commission is able to fulfill its responsibilities as outlined in the
rule. Sufficient resources will also be provided for the commission
and its subcommittees to meet and otherwise complete its work.
RULE 2.235 cases. DISTRICT COURT OF APPEAL BUDGET
COMMISSION
(a) Purpose. The purpose of this rule is to establish a
District Court of Appeal Budget Commission with responsibility for
developing and overseeing the administration of district court
budgets in a manner which ensures equity and fairness in state
funding among the 6 districts.
(b) Responsibilities. The District Court of Appeal Budget
Commission is charged with specific responsibility to:
(1) establish budgeting and funding policies and
procedures consistent with judicial branch plans and policies,
directions from the supreme court, and in consideration of input
from the Commission on District Court of Appeal Performance and
Accountability, and other supreme court committees;
(2) make recommendations to the supreme court on a
unitary district court component of the annual judicial branch
budget request;
(3) advocate for the district court component of the
annual judicial branch budget request;
(4) make recommendations to the supreme court on
funding allocation formulas and/or criteria as well as associated
accountability mechanisms based on actual legislative
appropriations;
(5) monitor district court expenditure trends and
revenue collections to identify unanticipated budget problems and
to ensure the efficient use of resources;
(6) recommend statutory and rule changes related to
district court budgets;
(7) develop recommended responses to findings on
financial audits and reports from the Supreme Court Inspector
General, Auditor General, Office of Program Policy Analysis and
Government Accountability, and other governmental entities
charged with auditing responsibilities regarding district court
budgeting when appropriate;
(8) recommend to the supreme court district court
budget reductions required by the legislature;
(9) identify potential additional sources of revenue for
the district courts;
(10) recommend to the supreme court legislative pay
plan issues for district court personnel, except the commission
shall not make recommendations as to pay or benefits for judges;
and
(11) request input from the Commission on District
Court of Appeal Performance and Accountability on
recommendations from that commission that may impact the
district court budget or require funding.
(c) Operational Procedures. The District Court of Appeal
Budget Commission will establish operating procedures necessary
to carry out its responsibilities as outlined in subdivision (b),
subject to final approval by the supreme court. These procedures
shall include:
(1) a method for ensuring input from interested
constituencies, including the chief judges, marshals, and clerks of
the district courts, other members of the district court judiciary, the
Judicial Management Council, the Commission on District Court of
Appeal Performance and Accountability, and other judicial branch
committees and commissions; and
(2) a method for appeal of the decisions of the District
Court of Appeal Budget Commission. Appeals may be made only by
a chief judge on behalf of the district. Appeals may be heard only by
the District Court of Appeal Budget Commission unless the appeal
is based on the failure of the commission to adhere to its operating
procedures, in which case the appeal may be made to the supreme
court.
(d) Action by Supreme Court or Chief Justice on
Recommendations of District Court of Appeal Budget
Commission. The supreme court or chief justice, as appropriate,
may take any or all of the following actions on recommendations
made by the District Court of Appeal Budget Commission:
(1) The adoption of the recommendations of the
commission made in accordance with the discharge of its
responsibilities listed in subdivision (b) in whole.
(2) The adoption of the recommendations in part and
referral of specific issues or questions back to the commission for
further study or alternative recommendations.
(e) Membership and Organization. The District Court of
Appeal Budget Commission will be composed of 12 voting members
appointed by the chief justice who will represent the interests of the
district courts generally rather than the individual interests of a
particular district.
(1) The membership shall include the chief judge of
each district court of appeal, who shall serve for his or her term as
chief judge. The membership shall also include one additional judge
from each district court of appeal, appointed by the chief justice,
with advice from each chief judge. The marshal of each district
court of appeal shall serve as a nonvoting member. Ex officio
nonvoting members shall also include the chairs of the District
Court of Appeal Performance and Accountability Commission and
the Appellate Court Technology Committee, and the president of the
District Court of Appeal Judges Conference.
(2) The chief justice will appoint 1 member to serve as
chair and 1 member to serve as vice chair, each for a four-year
term, or until the member’s term on the commission expires.
(3) The commission may establish subcommittees as
necessary to satisfactorily carry out its responsibilities.
Subcommittees may make recommendations only to the
commission as a whole. The chair of the commission may appoint a
non-commission member to serve on a subcommittee.
(4) Effective July 1, 2013, the commission shall be
reconstituted with staggered terms for voting members, as follows:
(A) The chief judge of each district will be appointed for his or her
term as chief judge. (B) The additional judge from each odd-
numbered district will be appointed for a four-year term. (C) The
additional judge from each even-numbered district will be appointed
for a two-year term, and thereafter to four-year terms. (D) Each
nonvoting member will serve so long as he or she continues to hold
the office which entitles him or her to membership on the
commission.
(f) Staff Support and Funding. The Office of the State
Courts Administrator will provide primary staff support to the
commission. Adequate staffing and resources will be made available
to the Office of the State Courts Administrator to ensure the
commission is able to fulfill its responsibilities as outlined in this
rule. Sufficient resources will also be provided for the commission
and its subcommittees to meet and otherwise complete its work.
RULE 2.236 cases. FLORIDA COURTS TECHNOLOGY COMMISSION
(a) Purpose. The purpose of this rule is to establish a
Florida Courts Technology Commission with responsibility for
overseeing, managing, and directing the development and use of
technology within the judicial branch under the direction of the
supreme court as specified in this rule. For the purpose of this rule,
the term “judicial branch” does not include The Florida Bar, the
Florida Board of Bar Examiners, or the Judicial Qualifications
Commission.
(b) Responsibilities. The Florida Courts Technology
Commission is charged with specific responsibility to:
(1) make recommendations to the supreme court on all
matters of technology policy impacting the judicial branch to allow
the supreme court to establish technology policy in the branch;
(2) make recommendations to the supreme court
regarding policies for public access to electronic court records;
(3) make recommendations to the supreme court about
the relative priorities of various technology projects within the
judicial branch so that the supreme court can establish priorities.
The commission should coordinate with the Trial Court Budget
Commission and District Court of Appeal Budget Commission to
secure funds for allocation of those priorities;
(4) direct and establish priorities for the work of all
technology committees in the judicial branch, including the
Appellate Court Technology Committee, and review and approve
recommendations made by any court committee concerning
technology matters or otherwise implicating court technology policy.
(5) establish, periodically review, and update technical
standards for technology used and to be used in the judicial branch
to receive, manage, maintain, use, secure, and distribute court
records by electronic means, consistent with the technology policies
established by the supreme court. These standards shall be
coordinated with the strategic plans of the judicial branch, rules of
procedure, applicable law, and directions from the supreme court,
and shall incorporate input from the public, clerks of court,
supreme court committees and commissions, and other groups
involved in the application of current technology to the judicial
branch;
(6) create procedures whereby courts and clerks and
other applicable entities can apply for approval of new systems, or
modifications to existing systems, that involve the application of
technology to the receipt, management, maintenance, use, securing,
and distribution of court records within the judicial branch, and
between the public and the judicial branch;
(7) evaluate all such applications to determine whether
they comply with the technology policies established by the
supreme court and the procedures and standards created pursuant
to this rule, and approve those applications deemed to be effective
and found to be in compliance;
(8) develop and maintain security policies that must be
utilized to ensure the integrity and availability of court technology
systems and related data;
(9) ensure principles of accessibility are met for all
court technology projects, with consideration and application of the
requirements of the Americans with Disabilities Act of 1990 and
any other applicable state or federal disability laws;
(10) ensure that the technology utilized in the judicial
branch is capable of required integration;
(11) periodically review and evaluate all approved
technology in the judicial branch to determine its adherence to
current supreme court technology policies and standards;
(12) review annual and periodic reports on the status of
court technology systems and proposals for technology
improvements and innovation throughout the judicial branch;
(13) recommend statutory and rule changes or additions
relating to court technology and the receipt, maintenance,
management, use, securing, and distribution of court records by
electronic means;
(14) identify technology issues that require attention in
the judicial branch upon:
(A) referral from the chief justice;
(B) referral from the supreme court; or
(C) identification by the Florida Courts Technology
Commission on its own initiative based on recommendations of the
public, commission members, judges, justice system partners, The
Florida Bar, clerks of court, the Florida Legislature (either
informally or through the passage of legislation), the Governor, the
cabinet, or executive branch agencies; and
(15) coordinate proposed amendments to rules of court
procedure and judicial administration necessary to effectuate the
commission’s charge with appropriate Florida Bar rules committees.
If a program, system, or application is found not to comply with the
policies established by the supreme court or the standards and
procedures established by the commission, the commission may
require that it be terminated or modified or subject to such
conditions as the commission deems appropriate.
(c) Operational Procedures. The Florida Courts Technology
Commission shall establish operating procedures necessary to carry
out its responsibilities as outlined in subdivision (b), subject to final
approval by the supreme court. These procedures shall include:
(1) a method for ensuring input from all interested
constituencies in the state of Florida;
(2) a method for monitoring the development of new
court technology projects, reviewing reports on new technology
projects, and reviewing the annual reports;
(3) a method whereby courts and clerks and other
applicable entities can apply for approval of new technology systems
or applications, or modifications to existing systems or applications,
that affect the receipt, management, maintenance, use, securing,
and distribution of court records;
(4) a system to evaluate all applications for new or
modified technology systems to determine whether they comply with
the policies and technical standards established by the supreme
court and the procedures created pursuant to this rule, and are
otherwise appropriate to implement in the judicial branch;
(5) a process for making decisions on all applications
for new or modified technology systems and communicating those
decisions to interested parties. If an application is found to comply
with technology policies and standards, the commission may
approve the application and its written approval shall authorize the
applicant to proceed. For all applications that are not approved, the
commission shall assist the applicant in remedying any deficiencies
that the commission identifies;
(6) a method to monitor all technology programs,
systems, and applications used in the judicial branch to ensure
that such programs, systems, and applications are operating in
accordance with the technology policies established by the supreme
court and technical standards established by the commission. The
commission may ask any operator of a program, system, or
application to appear before it for examination into whether the
program, system, or application complies with technology policies
and standards;
(7) a process to conduct the limited, short-term work of
the commission through work groups that it may constitute from
time to time. Work groups may make recommendations to the
commission as a whole. The chair of the commission may appoint
non-commission members to serve on any work group; and
(8) a process to conduct substantial work of the
commission requiring long-term commitment through
subcommittees. Subcommittees may make recommendations to the
commission as a whole. The chair of the commission may appoint
non-commission members to serve on any subcommittee.
(d) Action by Supreme Court or Chief Justice on
Recommendations of or Decisions by Florida Courts
Technology Commission. The supreme court or chief justice, as
appropriate, may take any of the following actions on
recommendations or decisions made by the Florida Courts
Technology Commission:
(1) Adopt the recommendation or decision of the
commission in whole or in part, with or without conditions.
(2) Refer specific issues or questions back to the
commission for further study or alternative recommendations.
(3) Reject the recommendation or decision in whole or
in part.
(4) Take alternative action.
(e) Membership and Organization.
(1) The Florida Courts Technology Commission shall be
composed of 25 voting members appointed by the chief justice after
consultation with the court. All members shall represent the
interests of the public and of Florida courts generally rather than
the separate interests of any particular district, circuit, county,
division, or other organization. The membership shall include
members who have experience in different divisions of courts, in
court operations, and in using technology in court for case
processing, management, and administrative purposes, and shall
provide geographic, racial, ethnic, gender, and other diversity.
(2) The membership shall include 2 district court
judges, 5 circuit court judges (1 of whom must be a chief judge), 2
county court judges, 3 court administrators, 3 court technology
officers, 4 clerks of court (1 of whom must be a clerk of an appellate
court), 4 members of The Florida Bar (1 of whom must be a member
of the Board of Governors of The Florida Bar), and 2 members of the
public at large.
(3) The members of the commission who are judicial
officers, court technology officers, and court administrators must
constitute a majority of the commission and must constitute a
majority of any quorum at all meetings of the commission.
(4) A supreme court justice shall be appointed by the
chief justice to serve as supreme court liaison to the commission.
(5) Each member will be initially appointed for a 1-, 2-,
or 3-year term, with the terms staggered to ensure continuity and
experience on the commission and for three year terms thereafter.
Retention and reappointment of each member will be at the
discretion of the chief justice.
(6) The chief justice shall appoint 1 member to serve as
chair for a two-year term.
(f) Schedule of Reports. The Florida Courts Technology
Commission shall prepare an annual report of its activities, which
shall include its recommendations for changes or additions to the
technology policies or standards of Florida courts, its
recommendations for setting or changing priorities among the
programs within the responsibility of the commission to assist with
budget resources available, its recommendations for changes to
rules, statutes, or regulations that affect technology in Florida
courts and the work of the commission. The report also shall
include recommendations of the Appellate Court Technology
Committee that implicate court technology policy and the action
taken on those recommendations by the commission. This report
shall be submitted to the supreme court on April 1 of each year.
(g) Appellate Court Technology Committee.
(1) Purpose. The purpose of this subdivision is to
establish the Appellate Court Technology Committee as a standing
committee of the Florida Courts Technology Commission
responsible for providing technical guidance and consultation to the
commission regarding information systems development and
operational policies and procedures relating to automation in the
district courts of appeal.
(2) Responsibilities. The Appellate Court Technology
Committee is charged with specific responsibility to:
(A) coordinate with and provide advice to the
Florida Courts Technology Commission regarding the development
of standards and policies for implementing new technologies,
system security, public access to district court information, and
system support;
(B) develop, recommend, and implement policy
and procedures consistent with the overall policy of the supreme
court relating to technology issues affecting the district courts of
appeal;
(C) recommend and coordinate the purchase and
upgrade of hardware and software in relation to the district courts’
office automation systems and networks;
(D) oversee and direct expenditures of designated
state court system trust funds for technology needs in the district
courts;
(E) promote orientation and education programs
on technology and its effective utilization in the district court
environment;
(F) ensure principles of accessibility are met for all
court technology projects, with consideration and application of the
requirements of the Americans with Disabilities Act of 1990 and
any other applicable state or federal disability laws;
(G) propose amendments to rules of court
procedure and judicial administration necessary to effectuate the
committee’s charge, after coordination with appropriate Florida Bar
rules committees; and
(H) identify budget issues and funding sources
and coordinate with the District Court of Appeal Budget
Commission on recommendations requiring additional funding or
resources for implementation in the district courts of appeal.
(3) Membership and Terms.
(A) The chief justice will select the chair of the
committee from among the judges of the district courts, with input
from the chief judges.
(B) The chief judges of the remaining district
courts will designate a representative from each of their courts to
serve as member of the committee.
(C) The chair and members will serve 3-year
terms. Retention and reappointment of the chair will be at the
discretion of the chief justice. Retention and reappointment of the
representative from each district court will be at the discretion of
the district court chief judge.
(4) Commission Approval and Reporting of Policy
Recommendations. Committee recommendations that implicate
court technology policy must be reviewed and approved by the
commission. The commission will report the committee’s policy
recommendations and the action taken on them by the commission
to the supreme court. The committee may submit to the court a
companion report on its recommendations, supporting or opposing
the action taken by the commission.
(h) Staff Support and Funding. The Office of the State
Courts Administrator shall provide primary staff support to the
Florida Courts Technology Commission and the Appellate Court
Technology Committee. Adequate staffing and resources shall be
made available by the Office of the State Courts Administrator to
ensure that the commission and committee are able to fulfill their
responsibilities under this rule.
RULE 2.240 cases. DETERMINATION OF NEED FOR ADDITIONAL
JUDGES
(a) Purpose. The purpose of this rule is to set forth uniform
criteria used by the supreme court in determining the need for
additional judges, except supreme court justices, and the necessity
for decreasing the number of judges, pursuant to article V, section
9, Florida Constitution. These criteria form the primary basis for
the supreme court’s determination of need for additional judges.
Unforeseen developments, however, may have an impact upon the
judiciary resulting in needs which cannot be foreseen or predicted
by statistical projections. The supreme court, therefore, may also
consider any additional information found by it to be relevant to the
process. In establishing criteria for the need for additional appellate
court judges, substantial reliance has been placed on the findings
and recommendations of the Commission on District Court of
Appeal Performance and Accountability. See In re Report of the
Comm’n on Dist. Court of Appeal Performance and Accountability—
Rule of Judicial Admin. 2.035, 933 So. 2d 1136 (Fla. 2006).
(b) Criteria.
(1) Trial Courts.
(A) Assessment of judicial need at the trial court
level is based primarily upon the application of case weights to
circuit and county court caseload statistics supplied to the Office of
the State Courts Administrator by the clerks of the circuit courts,
pursuant to rule 2.245, Florida Rules of General Practice and
Judicial Administration. Such case weights provide a quantified
measure of judicial time spent on case-related activity, translating
judicial caseloads into judicial workload by factoring in the relative
complexity by case type in the following manner:
(i) The circuit court case weights are applied
to forecasted case filings, which include circuit criminal (includes
felony, drug court, and worthless check cases), circuit civil
(includes matters involving claims of $30,000.01 and above), family
(includes domestic relations, juvenile dependency, and juvenile
delinquency cases), and probate (includes guardianship, mental
health, and trust cases).
(ii) The county court case weights are
applied to forecasted filings, which include county criminal
(includes misdemeanor, violations of county and municipal
ordinance, worthless check, driving under the influence, and other
criminal traffic cases), and county civil (includes small claims,
matters involving claims ranging from $8,000.01 to $30,000,
landlord-tenant, and civil traffic infraction cases).
(B) Other factors may be utilized in the
determination of the need for one or more additional judges. These
factors include, but are not limited to, the following:
(i) The availability and use of county court
judges in circuit court.
(ii) The availability and use of senior judges
to serve on a particular court.
(iii) The availability and use of magistrates
and hearing officers.
(iv) The extent of use of alternative dispute
resolution.
(v) The number of jury trials.
(vi) Foreign language interpretations.
(vii) The geographic size and composition of a
circuit, including travel times between courthouses in a particular
jurisdiction and the presence of community facilities such as
correctional facilities, medical facilities, and universities.
(viii) Prosecutorial practices and law
enforcement activities in the court’s jurisdiction, including any
substantial commitment of additional resources for state attorneys,
public defenders, and local law enforcement.
(ix) The availability and use of case-related
support staff and case management policies and practices.
(x) Caseload trends.
(C) The Commission on Trial Court Performance
and Accountability shall review the trial court workload trends and
case weights and consider adjustments no less than every five
years.
(2) District Courts of Appeal.
(A) The criteria for determining the need to certify
the need for increasing or decreasing the number of judges on a
district court of appeal shall include the following factors:
(i) workload factors to be considered
include: trends in case filings; trends in changes in case mix; trends
in the backlog of cases ready for assignment and disposition; trends
in the relative weight of cases disposed on the merits per judge; and
changes in statutes, rules of court, and case law that directly or
indirectly impact judicial workload.
(ii) efficiency factors to be considered
include: a court’s ability to stay current with its caseload, as
indicated by measurements such as trend in clearance rate; trends
in a court’s percentage of cases disposed within the time standards
set forth in the Rules of General Practice and Judicial
Administration and explanation/justification for cases not resolved
within the time standards; and a court’s utilization of resources,
case management techniques and technologies to maximize the
efficient adjudication of cases, research of legal issues, and
preparation and distribution of decisions.
(iii) effectiveness factors to be considered
include the extent to which each judge has adequate time to:
thoroughly research legal issues, review briefs and memoranda of
law, participate in court conferences on pending cases, hear and
dispose of motions, and prepare correspondence, orders, judgments
and opinions; expedite appropriate cases; prepare written opinions
when warranted; develop, clarify, and maintain consistency in the
law within that district; review all decisions rendered by the court;
perform administrative duties relating to the court; and participate
in the administration of the justice system through work in
statewide committees.
(iv) professionalism factors to be considered
include: the extent to which judges report that they have time to
participate, including teaching, in education programs designed to
increase the competency and efficiency of the judiciary and justice
system as well as the competency of lawyers; provide guidance and
instruction for the professional development of court support staff;
and participate in appropriate activities of the legal profession at
both the state and local levels to improve the relationship between
the bench and bar, to enhance lawyer professionalism, and to
improve the administration of justice.
(B) The court will presume that there is a need for
an additional appellate court judgeship in any district for which a
request is made and where the relative weight of cases disposed on
the merits per judge would have exceeded the weighted case
disposition threshold after application of the proposed additional
judge(s).
(i) The relative weight of cases disposed on
the merits shall be determined based upon case disposition
statistics supplied to the state courts administrator by the clerks of
the district courts of appeal, multiplied by the relative case weights
established pursuant to subdivision (b)(2)(B)(ii), and divided by 100.
(ii) The Commission on District Court of
Appeal Performance and Accountability shall review the workload
trends of the district courts of appeal and consider adjustments in
the relative case weights and the weighted case disposition
threshold every four years. Any such recommended adjustment
shall be subject to the approval of the supreme court.
(c) Additional Trial Court Workload Factors. Because
summary statistics reflective of the above criteria do not fully
measure judicial workload, the supreme court will receive and
consider, among other things, information about the time to
perform and volume of the following activities, which also comprise
the judicial workload of a particular jurisdiction:
(1) review appellate court decisions;
(2) research legal issues;
(3) review briefs and memoranda of law;
(4) participate in court conferences on pending cases;
(5) hear and dispose of motions;
(6) prepare correspondence, orders, judgments, and
decisional opinions;
(7) review presentence investigative reports and
predispositional reports in delinquency and dependency cases;
(8) review petitions and motions for post-conviction
relief;
(9) perform administrative duties relating to the court;
(10) participate in meetings with those involved in the
justice system;
(11) participate in educational programs designed to
increase the competency and efficiency of the judiciary;
(12) preside over problem-solving courts;
(13) use, as well as participate in the development of and
training on, technology systems; and
(14) participate in election canvassing boards.
(d) Certification Process. The process by which certification
of the need to increase or decrease the number of judges shall
include:
(1) The state courts administrator will distribute a
compilation of summary statistics and projections to each chief
judge at a time designated by the chief justice.
(2) Each chief judge shall submit to the chief justice a
request for any increase or decrease in the number of judges in
accordance with the following:
(A) Trial Courts. Each chief judge will then
consider these criteria, additional workload factors, and summary
statistics, and submit to the chief justice a request for any
increases or decreases under article V, section 9, of the Florida
Constitution that the chief judge feels are required.
(B) District Courts. Each chief judge will then
consider the criteria of this rule and the summary statistics; if a
new judge is requested, the chief judge shall prepare a report
showing the need for a new judge based upon the application of the
criteria in this rule.
(i) Any request for a new district court judge
shall be submitted to the District Court of Appeal Budget
Commission for review and approval.
(ii) The chief judge of a district court of
appeal shall submit the report showing the need together with the
approval of the District Court of Appeal Budget Commission to the
chief justice.
(3) The chief justice and the state courts administrator
may then confer with the chief judge and other representatives of
the court submitting the request as well as representatives of The
Florida Bar and the public to gather additional information and
clarification about the need in the particular jurisdiction.
(4) The chief justice will submit recommendations to
the supreme court, which will thereafter certify to the legislature its
findings and recommendations concerning such need.
(5) The supreme court, in conjunction with the
certification process under this rule, shall also consider the
necessity for increasing, decreasing, or redefining appellate districts
and judicial circuits as required by article V, section 9, of the
Florida Constitution and as set forth in Florida Rule of General
Practice and Judicial Administration 2.241.
Court Commentary
1983 Adoption. Article V, section 9, of the Florida
Constitution authorizes the establishment, by rule, of uniform
criteria for the determination of the need for additional judges,
except supreme court justices, the necessity for decreasing the
number of judges and for increasing, decreasing, or redefining
appellate districts and judicial circuits. Each year since the
adoption of article V in 1972, this court, pursuant to section 9, has
certified its determination of need to the legislature based upon
factors and criteria set forth in our certification decisions. This rule
is intended to set forth criteria and workload factors previously
developed, adopted, and used in this certification process, as
summarized and specifically set forth in In re Certificate of Judicial
Manpower, 428 So. 2d 229 (Fla. 1983); In re Certificate of Judicial
Manpower, 396 So. 2d 172 (Fla. 1981); and In re Certification, 370
So. 2d 365 (Fla. 1979).
2004 Amendment. Subdivision (b)(2) was amended to provide
more specific criteria and workload factors to be used in
determining the need for increasing or decreasing the number of
judges on the District Courts of Appeal. In addition, the caseload
level at which the court will presume that there is a need for an
additional appellate judge has been increased from 250 to 350
filings per judge.
2006 Amendment. Subdivision (a) is amended to be
consistent with the 2006 adoption of rule 2.036 [renumbered as
2.241 in 2006] relating to the criteria for determining the necessity
and for increasing, decreasing, or redefining appellate districts and
judicial circuits, pursuant to article V, section 9, Florida
Constitution. The Court adopts the Commission on District Court of
Appeal Performance and Accountability’s conclusion that a single
case filing threshold is insufficient to capture the intricacies that
make up judicial workload in the district courts. The Commission’s
alternative to the 350-filings-per-judge threshold is a weighted case
dispositions per judge, which the Commission determined to be a
meaningful measure of judicial workload.
The relative weighted caseload is determined by surveying a
representative sample of judges on the relative degree of judicial
effort put into each category of cases based upon an agreed typical
case having a value of 100. Each category was assigned a relative
weight number based upon the statewide average of the weight
calculated through the survey. These weights were then applied to
each court’s dispositions on the merits to determine the weighted
caseload value and divided by 100.
This approach accommodates the important distinction
between the number of cases filed and the judicial effort required to
dispose of those cases. While the number of cases continues to
increase, trends in the types of cases filed have dramatically
changed the nature of the work that the district court judges
handle. The weighted caseload approach not only accommodates
the differences in types of cases by measuring their relative
workload demands for judges, but it also accommodates the work
performed by legal support staff.
Subdivision (b)(2)(B) establishes a presumption that the
relative weight of cases disposed on the merits should fall below
280 per judge. Chief judges must consider the impact that the
addition of a judge would have on this measure when applied to
their courts’ dispositions on the merits for the previous year.
Every four years the Commission will measure the relative
judicial effort associated with the cases disposed on the merits for
the year immediately preceding. This will be accomplished by
asking a representative sample of judges to approximate the relative
weight of cases in relation to a mid-ranked case. The resulting
weights will then be applied to each court’s dispositions on the
merits to determine the weighted caseload value per judge.
2013 Amendment. Subdivision (d)(5) was added to ensure the
certification process under rule 2.240(d) is conducted in
conjunction with the related process for determinations regarding
increases, decreases, or redefinition of appellate districts and
judicial circuits under Florida Rule of Judicial Administration
2.241.
RULE 2.241 cases. DETERMINATION OF THE NECESSITY TO
INCREASE, DECREASE, OR REDEFINE JUDICIAL
CIRCUITS AND APPELLATE DISTRICTS
(a) Purpose. The purpose of this rule is to establish uniform
criteria for the supreme court’s determination of the necessity for
increasing, decreasing, or redefining judicial circuits and appellate
districts as required by article V, section 9, of the Florida
Constitution. This rule also provides for an assessment committee
and a certification process to assist the court in certifying to the
legislature its findings and recommendations concerning such need.
(b) Certification Process. A certification process shall be
completed in conjunction with the supreme court’s annual
determination regarding the need for judges under Florida Rule of
General Practice and Judicial Administration 2.240(d) and in
accordance with the following:
(1) The supreme court shall certify a necessity to
increase, decrease, or redefine judicial circuits and appellate
districts when it determines that the judicial process is adversely
affected by circumstances that present a compelling need for the
certified change.
(2) The supreme court may certify a necessity to
increase, decrease, or redefine judicial circuits and appellate
districts when it determines that the judicial process would be
improved significantly by the certified change.
(3) The state courts administrator will distribute a
compilation of summary statistics and projections to each chief
judge at a time designated by the chief justice.
(4) Each chief judge shall consider criteria as may
apply under rules 2.241(c) and 2.241(d), as well as any other
relevant factors, and shall inform the chief justice of any perceived
need to increase, decrease, or redefine the state’s judicial circuits or
appellate districts.
(5) Having been advised in these matters by the chief
justice and taking into consideration other relevant factors, the
supreme court, finding cause for further inquiry, may appoint an
assessment committee to consider the capacity of the courts to
effectively fulfill their constitutional and statutory responsibilities as
well as any attendant need to increase, decrease, or redefine
appellate districts and judicial circuits.
(6) If an assessment committee is appointed, the
committee shall confer with the chief judges and other
representatives of appellate districts and judicial circuits, district
court of appeal and/or trial court budget commissions, The Florida
Bar, and the public for purposes of gathering additional information
regarding matters within its charge and shall submit written
recommendations to the supreme court.
(7) The supreme court shall consider the assessment
committee’s recommendations within a timeframe it deems
appropriate.
(8) Whether or not an assessment committee is
appointed, the supreme court shall balance the potential impact
and disruption caused by changes in judicial circuits and appellate
districts against the need to address circumstances that limit the
quality and efficiency of, and public confidence in, the judicial
process. Given the impact and disruption that can arise from any
alteration in judicial structure, prior to recommending a change in
judicial circuits or appellate districts, the supreme court shall
consider less disruptive adjustments including, but not limited to,
the addition of judges, the creation of branch locations, geographic
or subject-matter divisions within judicial circuits or appellate
districts, deployment of new technologies, and increased ratios of
support staff per judge.
(c) Criteria for Judicial Circuits. The following criteria
shall be considered when determining the necessity for increasing,
decreasing, or redefining judicial circuits as required by article V,
section 9, of the Florida Constitution:
(1) Effectiveness. Factors to be considered for this
criterion include the extent to which each court:
(A) expedites appropriate cases;
(B) handles its workload in a manner permitting
its judges to prepare written decisions when warranted;
(C) is capable of accommodating changes in
statutes or case law impacting workload or court operations; and
(D) handles its workload in a manner permitting
its judges to serve on committees for the judicial system.
(2) Efficiency. Factors to be considered for this criterion
are the extent to which each court:
(A) stays current with its caseload, as indicated by
measurements such as the clearance rate;
(B) adjudicates a high percentage of its cases
within the time standards set forth in the Rules of General Practice
and Judicial Administration and has adequate procedures to
ensure efficient, timely disposition of its cases; and
(C) uses its resources, case management
techniques, and technologies to improve the efficient adjudication of
cases, research of legal issues, and issuance of decisions.
(3) Access to Courts. Factors to be considered for this
criterion are the extent to which:
(A) litigants, including self-represented litigants,
have meaningful access consistent with due process; and
(B) decisions of a court are available in a timely
and efficient manner.
(4) Professionalism. Factors to be considered for this
criterion are the extent to which each court:
(A) handles workload issues in a manner
permitting its judges adequate time and resources to participate in
continuing judicial education and to stay abreast of the law in order
to maintain a qualified judiciary;
(B) is capable of recruiting and retaining qualified
staff; and
(C) affords staff adequate time to participate in
continuing education and specialized training.
(5) Public Trust and Confidence. Factors to be
considered for this criterion are the extent to which each court:
(A) handles workload in a manner permitting its
judges adequate time for community involvement;
(B) affords access to open court and other public
proceedings for the general public;
(C) fosters public trust and confidence given its
geography and demographic composition; and
(D) attracts a diverse group of well-qualified
applicants for judicial vacancies, including applicants from all
counties within the circuit.
(6) Additional criteria. Such other factors as are
regularly considered when making a determination with respect to
the need for additional judges under Florida Rule of General
Practice and Judicial Administration 2.240(b)(1) and (c).
(d) Criteria for District Courts. The following criteria shall
be considered when determining the necessity for increasing,
decreasing, or redefining appellate districts as required by article V,
section 9, of the Florida Constitution:
(1) Effectiveness. Factors to be considered for this
criterion are the extent to which each court:
(A) expedites appropriate cases;
(B) handles workload in a manner permitting its
judges to prepare written opinions when warranted;
(C) functions in a collegial manner;
(D) handles workload in a manner permitting its
judges to develop, clarify, and maintain consistency in the law
within that district, including consistency between written opinions
and per curiam affirmances without written opinions;
(E) handles its workload in a manner permitting
its judges to harmonize decisions of their court with those of other
district courts or to certify conflict when appropriate;
(F) handles its workload in a manner permitting
its judges to have adequate time to review all decisions rendered by
the court;
(G) is capable of accommodating changes in
statutes or case law impacting workload or court operations; and
(H) handles its workload in a manner permitting
its judges to serve on committees for the judicial system.
(2) Efficiency. Factors to be considered for this criterion
are the extent to which each court:
(A) stays current with its caseload, as indicated by
measurements such as the clearance rate;
(B) adjudicates a high percentage of its cases
within the time standards set forth in the Rules of General Practice
and Judicial Administration and has adequate procedures to
ensure efficient, timely disposition of its cases; and
(C) uses its resources, case management
techniques, and other technologies to improve the efficient
adjudication of cases, research of legal issues, and preparation and
distribution of decisions.
(3) Access to Appellate Review. Factors to be considered
for this criterion are the extent to which:
(A) litigants, including self-represented litigants,
have meaningful access to a district court for mandatory and
discretionary review of cases, consistent with due process;
(B) litigants are afforded efficient access to the
court for the filing of pleadings and for oral argument when
appropriate; and
(C) orders and opinions of a court are available in
a timely and efficient manner.
(4) Professionalism. Factors to be considered for this
criterion are the extent to which each court:
(A) handles its workload in a manner permitting
its judges adequate time and resources to participate in continuing
judicial education opportunities and to stay abreast of the law in
order to maintain a qualified judiciary;
(B) is capable of recruiting and retaining qualified
staff; and
(C) affords staff adequate time to participate in
continuing education and specialized training.
(5) Public Trust and Confidence. Factors to be
considered for this criterion are the extent to which each court:
(A) handles its workload in a manner permitting
its judges adequate time for community involvement;
(B) provides adequate access to oral arguments
and other public proceedings for the general public within its
district;
(C) fosters public trust and confidence given its
geography and demographic composition; and
(D) attracts diverse group of well-qualified
applicants for judicial vacancies, including applicants from all
circuits within the district.
(e) Results of determination. Only upon the supreme
court’s finding that a need exists for increasing, decreasing, or
redefining appellate districts and judicial circuits, shall the court,
acting prior to the next regular session of the legislature, certify to
the legislature its findings and recommendations concerning such
need.
Committee Notes
District Court of Appeal Workload and Jurisdiction
Committee Notes 2006 Adoption. Article V, section 9 of the
Florida constitution states that:
The supreme court shall establish by rule uniform criteria for
the determination of the need for additional judges except supreme
court justices, the necessity for decreasing the number of judges
and for increasing, decreasing or redefining appellate districts. If
the supreme court finds that a need exists for . . . increasing,
decreasing or redefining appellate districts . . . , it shall, prior to the
next regular session of the legislature, certify to the legislature its
findings and recommendations concerning such need.
(Emphasis added.) Thus, the constitution uses only “need”
when describing the uniform criteria for certifying additional judges,
but uses both “necessity” and “need” when describing the uniform
criteria for increasing, decreasing, or redefining appellate districts.
The supreme court has never determined whether this language
compels differing tests for the two certifications. Subdivision (c) of
this rule uses the phrase “certify a necessity.” The Committee on
District Court of Appeal Workload and Jurisdiction determined that
the two standards set forth in that subdivision recognize the
supreme court’s obligation to recommend a change to the structure
of the district courts when circumstances reach the level of
necessity that compels a change, but also recognize the court’s
discretion to recommend a change to the structure of the district
courts when improvements are needed.
The criteria set forth in this rule are based on studies of the
workload, jurisdiction, and performance of the appellate courts, and
the work of the Committee on District Court of Appeal Workload
and Jurisdiction in 2005. In establishing these criteria, substantial
reliance was placed on empirical research conducted by judicial
branch committees and on other statistical data concerning cases,
caseloads, timeliness of case processing, and manner for disposition
of cases, collected by the Office of the State Courts Administrator
Office as required by section 25.075, Florida Statutes (2004), and
Florida Rule of Judicial Administration 2.030(e)(2).
The workload and jurisdiction committee considered the
impact of computer technology on appellate districts. It is clear
that, at this time or in the future, technology can be deployed to
allow litigants efficient access to a court for filing of pleadings and
for participation in oral argument, and that it can expand the
general public’s access to the courts. It is possible that technology
will substantially alter the appellate review process in the future
and that appellate courts may find that technology permits or even
requires different districting techniques. This rule was designed to
allow these issues to be addressed by the assessment committee
and the supreme court without mandating any specific approach.
The five basic criteria in subdivision (d) are not listed in any
order of priority. Thus, for example, the workload and jurisdiction
committee did not intend efficiency to be a more important criterion
than engendering public trust and confidence.
Subdivision (d)(2)(A) recognizes that the court currently
provides the legislature with an annual measurement of the
appellate courts’ “clearance rate,” which is the ratio between the
number of cases that are resolved during a fiscal year and the new
cases that are filed during the same period. Thus, a clearance rate
of one hundred percent reflects a court that is disposing of pending
cases at approximately the same rate that new cases arrive. Given
that other measurements may be selected in the future, the rule
does not mandate sole reliance on this measurement.
Subdivision (d)(5)(E) recognizes that a district court’s
geographic territory may be so large that it limits or discourages
applicants for judicial vacancies from throughout the district and
creates the perception that a court’s judges do not reflect the
makeup of the territory.
Court Commentary
2013 Amendment. The rule has been amended so the
supreme court’s annual certification process will include an
analysis of the need to increase, decrease, or redefine judicial
circuits. The requirement for an assessment committee to analyze,
once every eight years, the capacity of the district courts to fulfill
their duties has been deleted. Instead, the chief judges of the trial
and appellate courts will review annual statistics provided by the
state courts administrator, along with the criteria set forth in the
rule and any other relevant factors, and inform the chief justice of
any perceived need. Taking these and other concerns into
consideration, the supreme court may appoint an assessment
committee to make further inquiry. If an assessment committee is
appointed, the supreme court will consider the committee’s
recommendations and will certify to the legislature its own findings
and recommendations concerning such need.
RULE 2.244 cases. JUDICIAL COMPENSATION
(a) Statement of Purpose. The purpose of this rule is to set
forth the official policy of the judicial branch of state government
concerning the appropriate salary relationships between justices
and judges at the various levels of the state courts system and the
mechanism for advancing judicial compensation and benefits
issues. Although ultimate discretion in establishing judicial
compensation is vested in the Florida Legislature, the salary
relationships referenced in this rule reflect the policy of the judicial
branch when requesting adjustments to judicial salaries.
(b) Annual Salaries. The annual salary of a district court of
appeal judge should be equal to 95 percent of the annual salary of a
supreme court justice. The annual salary of a circuit court judge
should be equal to 90 percent of the annual salary of a supreme
court justice. The annual salary of a county court judge should be
equal to 85 percent of the annual salary of a supreme court justice.
(c) Unified Committee on Judicial Compensation.
(1) Creation. There shall be created a Unified
Committee on Judicial Compensation to address judicial pay and
benefits issues.
(2) Purpose. The purpose of the Unified Committee on
Judicial Compensation shall be to:
(A) develop and recommend to the supreme court
judicial pay and benefits priorities; and
(B) advocate for judicial pay and benefits issues
approved by the supreme court for inclusion in the annual judicial
branch budget request.
(3) Membership. The membership shall include the
chief justice of the supreme court, the presidents and presidents-
elect of the Conference of District Court of Appeal Judges, the
Conference of Circuit Court Judges, and the Conference of County
Court Judges, and the chairs and vice-chairs of the District Court
Budget Commission and the Trail Court Budget Commission.
(4) Staffing. The Office of the State Courts
Administrator will provide primary staff support to the committee.
RULE 2.245 cases. CASE REPORTING SYSTEM FOR TRIAL COURTS
(a) Reporting. The clerk of the circuit court shall report the
activity of all cases before all courts within the clerk’s jurisdiction to
the supreme court in the manner and on the forms established by
the office of the state courts administrator and approved by order of
the court. In those jurisdictions where separate offices of the clerk
of the circuit court and clerk of the county court have been
established by law, the clerk of the circuit court shall report the
activity of all cases before the circuit court, and the clerk of the
county court shall report the activity of all cases before the county
court.
(b) Uniform Case Numbering System.
(1) The clerk of the circuit court and the clerk of the
county court, where that separate office exists, shall use the
Uniform Case Numbering System. The uniform case number shall
appear upon the case file, the docket and minute books (or their
electronic equivalent), and the complaint.
(2) The office of the state courts administrator shall
distribute to the respective clerks of the circuit and county courts
appropriate instructions regarding the nature and use of the
Uniform Case Numbering System.
RULE 2.250 cases. TIME STANDARDS FOR TRIAL AND APPELLATE
COURTS AND REPORTING REQUIREMENTS
(a) Time Standards. The following time standards are
hereby established as a presumptively reasonable time period for
the completion of cases in the trial and appellate courts of this
state. It is recognized that there are cases that, because of their
complexity, present problems that cause reasonable delays.
However, most cases should be completed within the following time
periods:
(1) Trial Court Time Standards.
(A) Criminal.
Felony — 180 days (arrest to final disposition)
Misdemeanor — 90 days (arrest to final disposition)
(B) Civil.
Jury cases — 18 months (filing to final disposition)
Non-jury cases — 12 months (filing to final
disposition)
Small claims — 95 days (filing to final disposition)
(C) Domestic Relations.
Uncontested — 90 days (filing to final disposition)
Contested — 180 days (filing to final disposition)
(D) Probate.
Uncontested, no federal estate tax return — 12
months (from issuance of letters of administration to final
discharge)
Uncontested, with federal estate tax return — 12
months (from the return’s due date to final discharge)
Contested — 24 months (from filing to final
discharge)
(E) Juvenile Delinquency.
Disposition hearing — 120 days (filing of petition or
child being taken into custody to hearing)
Disposition hearing (child detained) — 36 days (date
of detention to hearing)
(F) Juvenile Dependency.
Disposition hearing (child sheltered) — 88 days
(shelter hearing to disposition)
Disposition hearing (child not sheltered) — 120 days
(filing of petition for dependency to hearing)
(G) Permanency Proceedings.
Permanency hearing — 12 months (date child is
sheltered to hearing)
(2) Supreme Court and District Courts of Appeal Time
Standards: Rendering a decision — within 180 days of either oral
argument or the submission of the case to the court panel for a
decision without oral argument, except in juvenile dependency or
termination of parental rights cases, in which a decision should be
rendered within 60 days of either oral argument or submission of
the case to the court panel for a decision without oral argument.
(3) Florida Bar Referee Time Standards: Report of
referee — within 180 days of being assigned to hear the case
(4) Circuit Court Acting as Appellate Court:
Ninety days from submission of the case to the judge for
review
(b) Reporting of Cases. The time standards require that the
following monitoring procedures be implemented:
All pending cases in circuit and district courts of appeal
exceeding the time standards shall be listed separately on a report
submitted quarterly to the chief justice. The report shall include for
each case listed the case number, type of case, case status (active
or inactive for civil cases and contested or uncontested for domestic
relations and probate cases), the date of arrest in criminal cases,
and the original filing date in civil cases. The Office of the State
Courts Administrator will provide the necessary forms for
submission of this data. The report will be due on the 15th day of
the month following the last day of the quarter.
RULE 2.255 cases. STATEWIDE GRAND JURY
(a) Procedure. The chief judge of each judicial circuit shall
cause a list of those persons whose names have been drawn and
certified for jury duty in each of the counties within that circuit to
be compiled. The lists shall be taken from the male and female
population over the age of 18 years and having the other
constitutional and statutory qualifications for jury duty in this state
not later than the last day of the first week of December of each
year. From the lists so compiled, the chief judge shall cause to be
selected, by lot and at random, and by any authorized method
including mechanical, electronic, or electrical device, a list of
prospective grand jurors from each county whose number shall be
determined on the basis of 3 jurors for each 3,000 residents or a
fraction thereof in each county. The lists from which the names are
drawn may be, but are not required to be, the same lists from which
petit and grand juries are drawn in each county and circuit. After
compilation, the statewide grand jury lists shall be submitted to the
state courts administrator not later than February 15 of each year.
(b) Population. For the purposes of this rule, the population
of each county shall be in accordance with the latest United States
Decennial Census as set forth in the Florida Statutes.
(c) Excuses.
(1) The judge appointed to preside over the statewide
grand jury may issue an order appointing the chief judge of the
judicial circuit where a prospective grand juror resides to determine
whether service on the statewide grand jury will result in an
unreasonable personal or financial hardship because of the location
or projected length of the grand jury investigation.
(2) The chief judge of the circuit shall determine
whether a prospective grand juror fails to meet the qualifications of
a juror in the county where the person resides. The determination
shall be made only for those prospective grand jurors who contact
the chief judge and request disqualification.
(3) The chief judge of the circuit shall excuse any
prospective grand juror who requests and is qualified for exemption
from grand jury service pursuant to general law, or from service as
a juror in the county where the person resides. The chief judge shall
inform the judge appointed to preside over the statewide grand jury
without delay of any determination.
RULE 2.256 cases. JUROR TIME MANAGEMENT
(a) Optimum Use. The services of prospective jurors should
be employed so as to achieve optimum use with a minimum of
inconvenience to jurors.
(b) Minimum Number. A minimally sufficient number of
jurors needed to accommodate trial activity should be determined.
This information and appropriate management techniques should
be used to adjust both the number of individuals summoned for
jury duty and the number assigned to jury panels, consistent with
any administrative orders issued by the Chief Justice.
(c) Assignment. Each prospective juror who has reported for
jury duty should be assigned for voir dire before any prospective
juror is assigned a second time.
(d) Calendar Coordination. Jury management and calendar
management should be coordinated to make effective use of jurors.
RULE 2.260 cases. 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.
RULE 2.265 cases. MUNICIPAL ORDINANCE VIOLATIONS
(a) References to Abolished Municipal Courts. All
references to a municipal court or municipal judge in rules
promulgated by the supreme court, in the Florida Statutes, and in
any municipal ordinance shall be deemed to refer, respectively, to
the county court or county court judge.
(b) Costs in County Courts. The chief judge of a circuit
shall by administrative order establish a schedule of costs, in
conformity with any provisions of law, to be assessed against a
defendant in the county court and paid to the county for violations
of municipal ordinances which are prosecuted in county court. The
costs shall be assessed as a set dollar amount per conviction, not to
exceed $50 excluding any other statutory costs.
(c) Collection of Outstanding Fines. All cases for which
outstanding fines, civil penalties, and costs are being collected by a
municipality shall be retained by the municipality until collected or
until the offender defaults on payment. If a default occurs, the
municipality may institute summary claims proceedings to collect
the outstanding fines.
(d) Style of Municipal Ordinance Cases. All prosecutions
for violations of municipal ordinances in county court shall have
the following style: City of .................... v. ....................
RULE 2.270 cases. SUPREME COURT COMMITTEES ON STANDARD
JURY INSTRUCTIONS
(a) Creation and Authority. The supreme court created the
Supreme Court Committee on Standard Jury Instructions in Civil
Cases, the Supreme Court Committee on Standard Jury
Instructions in Criminal Cases (with responsibility for the standard
jury instructions in criminal and in involuntary civil commitment of
sexually violent predator cases and for the grand jury instructions),
and the Supreme Court Committee on Standard Jury Instructions
in Contract and Business Cases to serve as standing committees
responsible for preparing standard jury instructions for use in their
respective case types. See In re Standard Jury Instructions, 198 So.
2d 319, 320 (Fla. 1967); In re Standard Jury Instructions in Criminal
Cases, 240 So. 2d 472, 474 (Fla. 1970); In re Supreme Court
Committee on Standard Jury Instruction—Contract and Business
Cases, Fla. Admin. Order No. AOSC06-47 (Sept. 15, 2006). This
rule authorizes those committees to develop and approve new and
amended standard jury instructions to be published for use in the
committees’ respective case types. Standard jury instructions
approved for publication and use under this rule are not approved
or otherwise specifically authorized for use by the supreme court
and their approval under this rule shall not be construed as an
adjudicative determination on the legal correctness of the
instructions, which must await an actual case and controversy.
(b) Responsibilities. The standing supreme court committees
on standard jury instructions are charged with the following
responsibilities:
(1) Developing and approving for publication and use,
in the committees’ respective case types, new and amended
standard jury instructions in response to statutory changes,
judicial decisions, or other events that affect the presentation of
those case types to juries.
(2) Continuously reviewing the standard jury
instruction, in the committees’ respective case types, for errors or
inaccuracies and amending the instructions as necessary to correct
any error or inaccuracies found.
(3) Addressing specific requests from the supreme
court concerning the need for new or amended standard jury
instructions.
(4) Considering modified instructions given by a trial
court sent to a committee as required by rule 2.580 to determine
whether amendments to the standard jury instructions are
warranted.
(5) Considering changes to the standard jury
instructions suggested to the committee by judges, members of the
Bar, and other interested persons.
(c) Procedures. Each committee on standard jury
instructions shall adopt operating procedures necessary to carry
out its responsibilities. The operating procedures must comply with
the following requirements, which shall govern the development and
approval of standard jury instructions under this rule:
(1) All new and amended standard jury instructions
being considered by a committee must be published for comment
on the jury instructions page of The Florida Bar’s website and in
The Florida Bar News. The committee must consider all comments
received before taking a final vote on the changes.
(2) If the committee makes substantial revisions to a
new or amended instruction that was published for comment, the
revisions also must be published for comment in accordance with
subdivision (c)(1) of this rule. Minor revisions to a published
instruction change may be made without republication.
(3) A two-thirds committee vote in favor of a new or
amended standard instruction is required before an instruction may
be considered approved for publication and use.
(4) The committees may establish subcommittees as
necessary to carry out their responsibilities. However, new or
amended standard instructions recommended by a subcommittee
must be voted on by the committee before they are considered
approved for publication and use.
(d) Membership and Organization.
(1) Each supreme court committee on standard jury
instructions shall be composed of up to 36 members appointed by
the chief justice, for staggered three-year terms, as follows:
(A) The membership of each committee shall
include at least one-third current or former district, circuit, or
county court judges. The remainder of the members shall be
attorneys who are in good standing with The Florida Bar, with a
balance in the various practice areas addressed by the committee to
which the attorney members are being appointed.
(B) A committee member may serve no more than
two consecutive three-year terms, unless:
(i) a committee determines that it is in the
best interest of the committee for a member to serve an additional
term; or
(ii) additional slots remain open due to lack
of applications to the committee.
(C) The chief justice shall appoint 1 member of
each committee to serve as chair and 1 member to serve as vice-
chair, each for a one-year term subject to reappointment.
(e) Staff Support.
(1) The Florida Bar. The Florida Bar will provide staff
support for the Supreme Court Committee on Standard Jury
Instructions in Civil Cases and the Supreme Court committee on
Standard Jury Instructions in Contract and Business Cases.
(2) The Office of the State Courts Administrator. The
Office of the State Courts Administrator will provide staff support
for the Supreme Court Committee on Standard Jury Instructions in
Criminal Cases.
(f) Publication of Approved Instructions. All standard jury
instructions approved for publication and use under this rule shall
be published on the jury instructions page of The Florida Bar’s
website.
PART III. JUDICIAL OFFICERS
RULE 2.310 cases. JUDICIAL DISCIPLINE, REMOVAL,
RETIREMENT, AND SUSPENSION
(a) Filing. Any recommendations to the supreme court from
the Judicial Qualifications Commission pursuant to article V,
section 12, of the Florida Constitution shall be in writing. The
original and 7 copies shall be filed with the clerk of the court, and a
copy shall be served expeditiously on the justice or judge against
whom action is sought.
(b) Procedure.
(1) Promptly upon the filing of a recommendation from
the commission, the court shall determine whether the
commission’s recommendation complies with all requirements of
the constitution and the commission’s rules. Upon determining that
the recommendation so complies, and unless the court otherwise
directs, an order shall issue directing the justice or judge to show
cause in writing why the recommended action should not be taken.
(2) The justice or judge may file a response in writing
within the time set by the court in its order to show cause, and the
commission may serve a reply within 20 days from service of the
response.
(3) If requested by the commission, or by a justice or
judge at the time of filing a response, the court may allow oral
argument on the commission’s recommendation.
(c) Costs. The supreme court may award reasonable and
necessary costs, including costs of investigation and prosecution, to
the prevailing party. Neither attorneys’ fees nor travel expenses of
commission personnel shall be included in an award of costs.
Taxable costs may include:
(1) court reporters’ fees, including per diem fees,
deposition costs, and costs associated with the preparation of the
transcript and record; and
(2) witness expenses, including travel and out-of-
pocket expenses.
RULE 2.320 cases. CONTINUING JUDICIAL EDUCATION
(a) Purpose. This rule sets forth the continuing education
requirements for all judges in the state judicial system.
(b) Education Requirements.
(1) Applicability. All Florida county, circuit, and
appellate judges and Florida supreme court justices shall comply
with these judicial education requirements. Retired judges who
have been approved by the supreme court to be assigned to
temporary active duty as authorized by section 25.073, Florida
Statutes (1991), shall also comply with the judicial education
requirements.
(2) Minimum Requirements. Each judge and justice
shall complete a minimum of 30 credit hours of approved judicial
education programs every 3 years. Beginning January 1, 2012, 4
hours must be in the area of judicial ethics; prior to that date, 2
hours in the area of judicial ethics are required. The portions of
approved courses which pertain to judicial professionalism,
opinions of the Judicial Ethics Advisory Committee, and the Code of
Judicial Conduct can be used to fulfill the judicial ethics
requirement. Every judge new to a level of trial court must complete
the Florida Judicial College program in that judge’s first year of
judicial service following selection to that level of court; every new
appellate court judge or justice must, within 2 years following
selection to that level of court, complete an approved appellate-
judge program. Every new appellate judge who has never been a
trial judge or who has never attended Phase I of the Florida Judicial
College as a magistrate must also attend Phase I of the Florida
Judicial College in that judge’s first year of judicial service following
the judge’s appointment. Judges and justices will receive credit for
attending these programs. Credit for teaching a course for which
mandatory judicial education credit is available will be allowed on
the basis of 2 1/2 hours’ credit for each instructional hour taught,
up to a maximum of 5 hours per year.
(3) Mediation Training. Prior to conducting any
mediation, a senior judge shall have completed a minimum of one
judicial education course offered by the Florida Court Education
Council. The course shall specifically focus on the areas where the
Code of Judicial Conduct or the Florida Rules for Certified and
Court-Appointed Mediators could be violated.
(c) Course Approval. The Florida Court Education Council,
in consultation with the judicial conferences, shall develop
approved courses for each state court jurisdiction. Judges may
receive credit for courses offered by other judicial and legal
education entities subject to course approval by the Florida Court
Education Council or the Office of Court Education within the
Office of the State Court Administrator.
(d) Waiver. The Florida Court Education Council is
responsible for establishing a procedure for considering and acting
upon waiver and extension requests on an individual basis.
(e) Reporting Requirements and Sanctions. The Florida
Court Education Council shall establish a procedure for reporting
annually to the chief justice on compliance with this rule. The Office
of Court Education within the Office of the State Courts
Administrator shall monitor compliance with this rule. Failure to
comply with the requirements of this rule will be reported to the
chief justice of the Florida supreme court for such administrative
action as deemed necessary. The chief justice may consider a
judge’s or justice’s failure to comply as neglect of duty and report
the matter to the Judicial Qualifications Commission.
RULE 2.330 cases. DISQUALIFICATION OF TRIAL JUDGES
(a) Application. This rule applies only to county and circuit
judges in all matters in all divisions of court when acting alone as
the sole judicial officer in a trial or appellate proceeding. It does not
apply to justices, appellate-level judges, or county and circuit
judges sitting on a multi-judge appellate panel.
(b) Parties. Any party, including the state, may move to
disqualify the judge assigned to the case on grounds provided by
rule, statute, Code of Judicial Conduct, or general law, and in
accordance with the procedural provisions of this rule.
(c) Motion. A motion to disqualify shall:
(1) be in writing;
(2) allege specifically the facts and reasons upon which
the movant relies as the grounds for disqualification, and identify
the precise date when the facts constituting the grounds for the
motion were discovered by the party or the party’s counsel,
whichever is earlier;
(3) be sworn to or affirmed by the party by signing the
motion or by attaching a separate affidavit;
(4) include the dates of all previously granted motions
to disqualify filed under this rule in the case and the dates of the
orders granting those motions; and
(5) include a separate certification by the attorney for
the party, if any, that the motion and the client’s statements are
made in good faith.
(d) Service. In addition to filing with the clerk, the movant
shall promptly serve a copy of the motion on the subject judge as
set forth in rule 2.516.
(e) Grounds. A motion to disqualify shall set forth all specific
and material facts upon which the judge’s impartiality might
reasonably be questioned, including but not limited to the following
circumstances:
(1) the party reasonably fears that he or she will not
receive a fair trial or hearing because of specifically described
prejudice or bias of the judge; or
(2) the judge, the judge’s spouse or domestic partner,
or a person within the third degree of relationship to either of them,
or the spouse of domestic partner of such a person:
(A) has more than a de minimis economic interest
in the subject matter in controversy or is a party to the proceeding,
or an officer, director, or trustee of a party;
(B) is acting as a lawyer in the proceeding;
(C) has more than a de minimis interest that could
be substantially affected by the proceeding; or
(D) is likely to be a material witness or expert in
the proceeding.
(3) The judge served as a lawyer or was the lower court
judge in the matter in controversy, or a lawyer with whom the judge
previously practiced law served during such association as a lawyer
concerning the matter; or
(4) The judge has prior personal knowledge of or bias
regarding disputed evidentiary facts concerning the proceeding.
(f) Prohibition against Creation of Grounds for
Disqualification Based Upon Appearance of Substitute or
Additional Counsel. Upon the addition of new substitute counsel
or additional counsel in a case, the party represented by such newly
appearing counsel is prohibited from filing a motion for
disqualification of the judge based upon the new attorney’s
involvement in the case. This subdivision shall not apply, however,
to a motion to disqualify a successor judge who was not the
presiding judge at the time of the new attorney’s first appearance in
the case.
(g) Time. A motion to disqualify shall be filed within a
reasonable time not to exceed 20 days after discovery by the party
or party’s counsel, whichever is earlier, of the facts constituting the
grounds for the motion. The motion shall be promptly served on the
subject judge as set forth in subdivision (d). Any motion for
disqualification made during a hearing or trial must be based on
facts discovered during the hearing or trial and may be stated on
the record, provided that it is also promptly reduced to writing in
compliance with subdivision (c)(1) and promptly filed. A motion
made during hearing or trial shall be ruled on immediately.
(h) Determination — Initial Motion. The judge against
whom an initial motion to disqualify under subdivision (e) is
directed may determine only the legal sufficiency of the motion and
shall not pass on the truth of the facts alleged. If any motion is
legally insufficient, an order denying the motion shall immediately
be entered. No other reason for denial shall be stated, and an order
of denial shall not take issue with the motion. If the motion is
legally sufficient, the judge shall immediately enter an order
granting disqualification and proceed no further in the action. Such
an order does not constitute acknowledgement that the allegations
are true.
(i) Determination — Successive Motions. If a judge has
been previously disqualified on motion for alleged prejudice or
partiality under subdivision (e), a successor judge cannot be
disqualified based on a successive motion by the same party unless
the successor judge rules that he or she is in fact not fair or
impartial in the case. Such a successor judge may rule on the truth
of the facts alleged in support of the motion.
(j) Prior Rulings. Prior factual or legal rulings by a
disqualified judge may be reconsidered and vacated or amended by
a successor judge based upon a motion for reconsideration, which
must be filed within 30 days of the order of disqualification, unless
good cause is shown for a delay in moving for reconsideration or
other grounds for reconsideration exist.
(k) Recusal Upon Judge’s Initiative. Nothing in this rule
limits the judge’s authority to enter an order of recusal.
(l) Time for Determination. The judge against whom the
motion for disqualification has been filed shall take action on the
motion immediately, but no later than 30 days after the service of
the motion as set forth in subdivision (d). If the motion is not denied
within 30 days of service, the motion is deemed granted and the
moving party may seek an order from the court directing the clerk
to reassign the case.
RULE 2.340 cases. JUDICIAL ATTIRE
During any judicial proceeding, robes worn by a judge must be
solid black with no embellishment.
PART IV. JUDICIAL PROCEEDINGS AND RECORDS
RULE 2.410 cases. POSSESSION OF COURT RECORDS
No person other than judges and authorized court employees
shall remove court records as defined in rule 2.430 from the clerk’s
office except by order of the chief judge or chief justice upon a
showing of good cause.
Court Commentary
1996 Adoption. This rule was written as a result of the
problems being encountered in the removal of files from clerks’
offices. While the purpose of the rule is to discourage the removal of
court files, it is not intended to prohibit chief judges or the chief
justice from issuing for good cause a general order providing that
attorneys or authorized individuals may be allowed to check out
files on a routine basis to assist in the administrative efficiency of a
court. We note that section 28.13, Florida Statutes (1995), similarly
prohibits the removal of files from clerks’ offices.
RULE 2.420 cases. PUBLIC ACCESS TO AND PROTECTION OF
JUDICIAL BRANCH RECORDS
(a) Scope and Purpose. Subject to the rulemaking power of
the Florida Supreme Court provided by article V, section 2, Florida
Constitution, the following rule governs public access to and the
protection of the records of the judicial branch of government. The
public has access to all records of the judicial branch of
government, except as provided below. Access to all electronic and
other court records is governed by the Standards for Access to
Electronic Court Records and Access Security Matrix, as adopted by
the supreme court in Administrative Order AOSC14-19 or the then-
current Standards for Access. Remote access to electronic court
records is permitted in counties where the supreme court’s
conditions for release of those records are met.
(b) Definitions.
(1) “Records of the judicial branch” are all records,
regardless of physical form, characteristics, or means of
transmission, made or received in connection with the transaction
of official business by any judicial branch entity and consist of:
(A) “court records,” which are the contents of the
court file, including the progress docket and other similar records
generated to document activity in a case, transcripts filed with the
clerk, documentary exhibits in the custody of the clerk, and
electronic records, videotapes, or stenographic tapes of depositions
or other proceedings filed with the clerk, and electronic records,
videotapes, or stenographic tapes of court proceedings; and
(B) “administrative records,” which are all other
records made or received under court rule, law, or ordinance, or in
connection with the transaction of official business by any judicial
branch entity.
(2) “Judicial branch” means the judicial branch of
government, which includes the state courts system, the clerk of
court when acting as an arm of the court, The Florida Bar, the
Florida Board of Bar Examiners, the Judicial Qualifications
Commission, and all other entities established by or operating
under the authority of the supreme court or the chief justice.
(3) “Custodian.” The custodian of all administrative
records of any court is the chief justice or chief judge of that court,
except that each justice or judge is the custodian of all records that
are solely within the possession of that justice or judge. At the
conclusion of service on a court, each justice or judge must deliver
to the court’s chief justice or chief judge any records of the judicial
branch in the possession of the departing justice or judge. As to all
other records, the custodian is the official charged with the
responsibility for the care, safekeeping, and supervision of records.
All references to “custodian” mean the custodian or the custodian’s
designee.
(4) “Confidential,” as applied to information contained
within a record of the judicial branch, means that information is
exempt from the public right of access under article I, section 24(a)
of the Florida Constitution and may be released only to the persons
or organizations designated by law, statute, or court order. As
applied to information contained within a court record, the term
“exempt” means that information is confidential. Confidential
information includes information that is confidential under this rule
or under a court order entered under this rule. To the extent
reasonably practicable, restriction of access to confidential
information is implemented in a manner that does not restrict
access to any portion of the record that is not confidential.
(5) “Affected non-party” means any non-party identified
by name in a court record that contains confidential information
pertaining to that non-party.
(6) “Filer” means any person who files a document in
court records, except “filer” does not include the clerk of court or
designee of the clerk, a judge, magistrate, hearing officer, or
designee of a judge, magistrate or hearing officer.
(c) Confidential and Exempt Records. The following
records of the judicial branch are confidential.
(1) Trial and appellate court memoranda, drafts of
opinions and orders, court conference records, notes, and other
written materials of a similar nature prepared by judges or court
staff acting on behalf of or at the direction of the court as part of the
court’s judicial decision-making process utilized in disposing of
cases and controversies before Florida courts unless filed as a part
of the court record;
(2) Memoranda or advisory opinions that relate to the
administration of the court and that require confidentiality to
protect a compelling governmental interest, including, but not
limited to, maintaining court security, facilitating a criminal
investigation, or protecting public safety, which cannot be
adequately protected by less restrictive measures. The degree,
duration, and manner of confidentiality imposed must be no
broader than necessary to protect the compelling governmental
interest involved, and a finding that no less-restrictive measures are
available to protect this interest must be made. The decision that
confidentiality is required with respect to these administrative
memorandum or written advisory opinion is made by the chief
judge;
(3) (A) Complaints alleging misconduct against judges
until probable cause is established;
(B) Complaints alleging misconduct against other
entities or individuals licensed or regulated by the courts, until a
finding of probable cause or no probable cause is established,
unless otherwise provided. The finding should be made within the
time limit set by law or rule. If no time limit is set, the finding
should be made within a reasonable period of time;
(4) Periodic evaluations implemented solely to assist
judges in improving their performance, all information gathered to
form the bases for the evaluations, and the results generated;
(5) Only the names and qualifications of persons
applying to serve or serving as unpaid volunteers to assist the
court, at the court’s request and direction, are accessible to the
public. All other information contained in the applications by and
evaluations of persons applying to serve or serving as unpaid
volunteers are confidential unless made public by court order based
on a showing of materiality in a pending court proceeding or on a
showing of good cause;
(6) Copies of arrest and search warrants and
supporting affidavits retained by judges, clerks, or other court
personnel until execution of the warrants or until a determination is
made by law enforcement authorities that execution cannot be
made;
(7) All records made confidential under the Florida and
United States Constitutions and Florida and federal law;
(8) All records presently deemed to be confidential by
court rule, including the Rules for Admission to the Bar, by Florida
Statutes, by prior case law of the State of Florida, and by the rules
of the Judicial Qualifications Commission;
(9) Any court record determined to be confidential in
case decision or court rule on the grounds that:
(A) confidentiality is required to:
(i) prevent a serious and imminent threat to
the fair, impartial, and orderly administration of justice;
(ii) protect trade secrets;
(iii) protect a compelling governmental
interest;
(iv) obtain evidence to determine legal issues
in a case;
(v) avoid substantial injury to innocent third
parties;
(vi) avoid substantial injury to a party by
disclosure of matters protected by a common law or privacy right
not generally inherent in the specific type of proceeding sought to
be closed;
(vii) comply with established public policy set
forth in the Florida or United States Constitution or statutes or
Florida rules or case law;
(B) the degree, duration, and manner of
confidentiality ordered by the court must be no broader than
necessary to protect the interests set forth in subdivision (c)(9)(A);
and
(C) no less restrictive measures are available to
protect the interests set forth in subdivision (c)(9)(A).
(10) The names and any identifying information of
judges mentioned in an advisory opinion of the Judicial Ethics
Advisory Committee.
(d) Procedures for Determining Confidentiality of Court
Records.
(1) Except as provided in this subdivision, the clerk of
the court must designate and maintain the confidentiality of any
information contained within a court record that is described in this
subdivision.
(A) The clerk of the court must maintain as
confidential information described by any of subdivisions (c)(1)
through (c)(6) of this rule.
(B) Except as provided by court order, the clerk of
the court must maintain as confidential information subject to
subdivision (c)(7) or (c)(8) of this rule that is currently confidential
or exempt from section 119.07, Florida Statutes, and article I,
section 24(a) of the Florida Constitution as specifically stated in any
of the following statutes or as they may be amended or renumbered:
(i) Chapter 39 records relating to
dependency matters, termination of parental rights, guardians ad
litem, child abuse, neglect, and abandonment. §§ 39.0132(3),
39.0132(4)(a), 39.202, Fla. Stat.
(ii) Adoption records. § 63.162, Fla. Stat.
(iii) Social Security, bank account, charge,
debit, and credit card numbers. § 119.0714(1)(i)–(j), (2)(a)–(e), Fla.
Stat. (Unless redaction is requested under § 119.0714(2), Fla. Stat.,
this information is exempt only as of January 1, 2012.)
(iv) HIV test results and the identity of any
person upon whom an HIV test has been performed. §
381.004(2)(e), Fla. Stat.
(v) Records, including test results, held by
the Department of Health or its authorized representatives relating
to sexually transmissible diseases. § 384.29, Fla. Stat.
(vi) Birth records and portions of death and
fetal death records. §§ 382.008(6), 382.025(1), Fla. Stat.
(vii) Information that can be used to identify a
minor petitioning for a waiver of parental or guardian notice or
consent when seeking to terminate pregnancy. §§ 390.01116,
390.01118, Fla. Stat.
(viii) Clinical records under the Baker Act,
§ 394.4615(7), Fla. Stat., and all petitions, court orders, and related
records under the Baker Act, including all personal identifying
information of a person subject to the Act, § 394.464, Fla. Stat.
(ix) Records of substance abuse service
providers which pertain to the identity, diagnosis, and prognosis of
and service provision to individuals, § 397.501(7), Fla. Stat., and all
petitions, court orders, and related records for involuntary
assessment and stabilization of an individual, § 397.6760, Fla. Stat.
(x) Clinical records of criminal defendants
found incompetent to proceed or acquitted by reason of insanity. §
916.107(8), Fla. Stat.
(xi) Estate inventories and accountings. §
733.604(1), Fla. Stat.
(xii) The victim’s address in a domestic
violence action on petitioner’s request. § 741.30(3)(b), Fla. Stat.
(xiii) Protected information regarding victims of
child abuse or sexual offenses. §§ 119.071(2)(h), 119.0714(1)(h),
Fla. Stat.
(xiv) Gestational surrogacy records. §
742.16(9), Fla. Stat.
(xv) Guardianship reports, orders appointing
court monitors, orders relating to findings of no probable cause in
guardianship cases, and documents related to the settlement of a
minor’s claim or the settlement of a claim for a ward. §§ 744.1076,
744.3025, 744.3701, Fla. Stat.
(xvi) Grand jury records. §§ 905.17, 905.28(1),
Fla. Stat.
(xvii) Records acquired by courts and law
enforcement regarding family services for children. § 984.06(3)–(4),
Fla. Stat.
(xviii) Juvenile delinquency records. §§
985.04(1), 985.045(2), Fla. Stat.
(xix) Records disclosing the identity of persons
subject to tuberculosis proceedings and records held by the
Department of Health or its authorized representatives relating to
known or suspected cases of tuberculosis or exposure to
tuberculosis. §§ 392.545, 392.65, Fla. Stat.
(xx) Complete presentence investigation
reports. Fla. R. Crim. P. 3.712.
(xxi) Forensic behavioral health evaluations
under Chapter 916. § 916.1065, Fla. Stat.
(xxii) Eligibility screening, substance abuse
screening, behavioral health evaluations, and treatment status
reports for defendants referred to or considered for referral to a
drug court program. § 397.334(10)(a), Fla. Stat.
(xxiii) Information that can be used to identify
a petitioner or respondent in a petition for an injunction against
domestic violence, repeat violence, dating violence, sexual violence,
stalking, or cyberstalking, and any affidavits, notice of hearing, and
temporary injunction until the respondent has been personally
served with a copy of the petition for injunction, affidavits, notice of
hearing, and temporary injunction. § 119.0714(1)(k)3., Fla. Stat.
(xxiv) a court record in the case giving rise to
the Department of Law Enforcement’s sealing of a criminal history
record. § 943.0595, Fla. Stat.
(xxv) Petitions, pleadings, and related
documents for human trafficking victim expunction. §
943.0583(12)(a), Fla. Stat.
(C) In civil cases, the clerk of the court is not
required to designate and maintain information as confidential
unless the filer follows the notice procedures in subdivision (d)(2),
files a Motion to Determine Confidentiality of Court Records as set
forth in subdivision (d)(3), and the filing is deemed confidential by
court order or the case itself is confidential by law. “Civil cases” as
used in this rule includes only civil case types in the circuit, county,
or small claims courts (identified by the Court Type Designator CA,
CC, and SC in the uniform case numbering system), except those
case types listed as “Viewable on Request (VOR)” in the Standards
for Access to Electronic Court Records and Access Security Matrix,
as adopted by the supreme court in Administrative Order AOSC14-
19 or the then-current standards for access.
(2) The filer of any document containing confidential
information described in subdivision (d)(1)(B) must, at the time of
filing, file with the clerk a “Notice of Confidential Information within
Court Filing” to indicate that confidential information described in
subdivision (d)(1)(B) of this rule is included within the document
being filed and also indicate that either the entire document is
confidential or identify the precise location of the confidential
information within the document being filed. If an entire court file is
maintained as confidential, the filer of a document in that file is not
required to file the notice form. A form Notice of Confidential
Information within Court Filing accompanies this rule.
(A) If any document in a court file contains
confidential information as described in subdivision (d)(1)(B), the
filer, a party, or any affected non-party may file the Notice of
Confidential Information within Court Filing if the document was
not initially filed with a Notice of Confidential Information within
Court Filing and the confidential information is not maintained as
confidential by the clerk. The Notice of Confidential Information
within Court Filing filed under this subdivision must also state the
title and type of document, date of filing (if known), date of
document, docket entry number, indicate that either the entire
document is confidential or identify the precise location of the
confidential information within the document, and provide any
other information the clerk may require to locate the confidential
information.
(B) The clerk of court must review filings identified
as containing confidential information to determine whether the
purported confidential information is facially subject to
confidentiality under subdivision (d)(1)(B). If the clerk determines
that filed information is not subject to confidentiality under
subdivision (d)(1)(B), the clerk must notify the filer of the Notice of
Confidential Information within Court Filing in writing within 5
days of filing the notice and must maintain the information as
confidential for 10 days from the date the notification by the clerk is
served. The information must not be held as confidential for more
than that 10-day period unless a motion has been filed under
subdivision (d)(3).
(3) The filer of a document with the court must
ascertain whether any information contained within the document
may be confidential under subdivision (c) of this rule even if the
information is not itemized at subdivision (d)(1) of this rule. If the
filer believes in good faith that information is confidential but is not
described in subdivision (d)(1) of this rule, the filer may request that
the information be maintained as confidential by filing a “Motion to
Determine Confidentiality of Court Records” under the procedures
in subdivision (e), (f), or (g), unless:
(A) the filer is the only individual whose
confidential information is included in the document to be filed or is
the attorney representing the filer; and
(B) a knowing waiver of the confidential status of
that information is intended by the filer. Any interested person may
request that information within a court file be maintained as
confidential by filing a motion as provided in subdivision (e), (f), or
(g).
(4) If a notice of confidential information is filed under
subdivision (d)(2), or a motion is filed under subdivision (e)(1) or
(g)(1) seeking to determine that information contained in court
records is confidential, or a motion is filed under subdivision (e)(5)
or (g)(5) seeking to vacate an order that has determined that
information in a court record is confidential or seeking to unseal
information designated as confidential by the clerk of court, then
the person filing the notice or motion must give notice of that filing
to any affected non-party. Notice under this provision must:
(A) be filed with the court;
(B) identify the case by docket number;
(C) describe the confidential information with as
much specificity as possible without revealing the confidential
information, including specifying the precise location of the
information within the court record; and
(D) include the applicable statement that:
(i) if a motion to determine confidentiality of
court records is denied then the subject material will not be treated
as confidential by the clerk; and
(ii) if a motion to unseal confidential records
or vacate an order deeming records confidential is granted, the
subject material will no longer be treated as confidential by the
clerk.
Any notice in this subdivision must be served under
subdivision (k), if applicable, together with the motion that gave rise
to the notice in accordance with subdivision (e)(5) or (g)(5).
(5) If a judge, magistrate, or hearing officer files any
document containing confidential information, the confidential
information within the document must be identified as
“confidential” and the title of the document must include the word
“confidential,” except when the entire court file is maintained as
confidential. The clerk must maintain the confidentiality of the
identified confidential information. A copy of the document edited to
omit the confidential information must be provided to the clerk for
filing and recording purposes.
(e) Request to Determine Confidentiality of Trial Court
Records in Noncriminal Cases.
(1) A request to determine the confidentiality of trial
court records in noncriminal cases under subdivision (c) must be
made in the form of a written motion captioned “Motion to
Determine Confidentiality of Court Records.” A motion made under
this subdivision must:
(A) identify the particular court records or a
portion of a record that the movant seeks to have determined as
confidential with as much specificity as possible without revealing
the information subject to the confidentiality determination;
(B) specify the bases for determining that the
court records are confidential without revealing confidential
information; and
(C) set forth the specific legal authority and any
applicable legal standards for determining the court records to be
confidential without revealing confidential information.
(2) Any written motion made under this subdivision
must include a signed certification by the party or the attorney for
the party making the request that the motion is made in good faith
and is supported by a sound factual and legal basis. Information
that is the subject of a motion under this subdivision must be
treated as confidential by the clerk pending the court’s ruling on the
motion. A response to a written motion filed under this subdivision
may be served within 10 days of service of the motion.
Notwithstanding any of the foregoing, the court may not determine
that the case number, docket number, or other number used by the
clerk’s office to identify the case file is confidential.
(3) Except when a motion filed under subdivision (e)(1)
represents that all parties agree to all of the relief requested, the
court must, as soon as practicable but no later than 30 days after
the filing of a motion under this subdivision, hold a hearing before
ruling on the motion. Whether or not any motion filed under
subdivision (e)(1) is agreed to by the parties, the court may in its
discretion hold a hearing on the motion. Any hearing held under
this subdivision must be an open proceeding, except that any
person may request that the court conduct all or part of the hearing
in camera to protect the interests set forth in subdivision (c). Any
person may request expedited consideration of and ruling on the
motion. The movant is responsible for ensuring that a complete
record of any hearing held under this subdivision is created, either
by use of a court reporter or by any recording device that is
provided as a matter of right by the court. The court may in its
discretion require prior public notice of the hearing on such a
motion in accordance with the procedure for providing public notice
of court orders set forth in subdivision (e)(5) or by providing such
other public notice as the court deems appropriate. The court must
issue a ruling on the motion within 30 days of the hearing.
(4) Any order granting in whole or in part a motion filed
under subdivision (e) must state the following with as much
specificity as possible without revealing the confidential
information:
(A) the type of case in which the order is being
entered;
(B) the particular grounds under subdivision (c)
for determining the information is confidential;
(C) whether any party’s name determined to be
confidential and, if so, the particular pseudonym or other term to be
substituted for the party’s name;
(D) whether the progress docket or similar records
generated to document activity in the case are determined to be
confidential;
(E) the particular information that is determined
to be confidential;
(F) identification of persons who are permitted to
view the confidential information;
(G) that the court finds that: (i) the degree,
duration, and manner of confidentiality ordered by the court are no
broader than necessary to protect the interests set forth in
subdivision (c); and (ii) no less restrictive measures are available to
protect the interests set forth in subdivision (c); and
(H) that the clerk of the court is directed to
publish the order in accordance with subdivision (e)(5).
(5) Except as provided by law or court rule, notice must
be given of any written order granting in whole or in part a motion
made under subdivision (e)(1) as follows:
(A) within 10 days following the entry of the order,
the clerk of court must post a copy of the order on the clerk’s
website and in a prominent public location in the courthouse; and
(B) the order must remain posted in both locations
for no less than 30 days. This subdivision does not apply to orders
determining that court records are confidential under subdivision
(c)(7) or (c)(8).
(6) If a nonparty requests that the court vacate all or
part of an order issued under subdivision (e) or requests that the
court order the unsealing of records designated as confidential
under subdivision (d), the request must be made by a written
motion, filed in that court, that states with as much specificity as
possible the bases for the motion. The motion must set forth the
specific legal authority and any applicable legal standards
supporting the motion. The movant must serve all parties and all
affected non-parties with a copy of the motion. Except when a
motion filed under this subdivision represents that all parties and
affected non-parties agree to all of the relief requested, the court
must, as soon as practicable but no later than 30 days after the
filing of a motion under this subdivision, hold a hearing on the
motion. Regardless of whether any motion filed under this
subdivision is agreed to by the parties and affected non-parties, the
court may in its discretion hold a hearing on such motion. Any
person may request expedited consideration of and ruling on the
motion. Any hearing held under this subdivision must be an open
proceeding, except that any person may request that the court
conduct all or part of the hearing in camera to protect the interests
set forth in subdivision (c). The court must issue a ruling on the
motion within 30 days of the hearing. The movant is responsible for
ensuring that a complete record of any hearing held under this
subdivision be created, either by use of a court reporter or by any
recording device that is provided as a matter of right by the court.
This subdivision does not apply to orders determining that court
records are confidential under subdivision (c)(7) or (c)(8).
(f) Request to Determine Confidentiality of Court
Records in Criminal Cases.
(1) Subdivisions (e) and (h) apply to any motion by the
state, a defendant, or an affected non-party to determine the
confidentiality of trial court records in criminal cases under
subdivision (c), except as provided in subdivision (f)(3). As to any
motion filed in the trial court under subdivision (f)(3), the following
procedure applies:
(A) The court must hold a hearing on the motion
filed under this subdivision within 15 days of the filing of the
motion, unless the motion represents that the state, defendant(s),
and all affected non-parties subject to the motion agree to all of the
relief requested. Any hearing held under this subdivision must be
an open proceeding, except that any person may request that the
court conduct all or part of the hearing in camera to protect the
interests set forth in subdivision (c)(9)(A).
(B) The court must issue a written ruling on a
motion filed under this subdivision within 10 days of the hearing on
a contested motion or within 10 days of the filing of an agreed
motion.
(2) Subdivision (g) applies to any motion to determine
the confidentiality of appellate court records under subdivision (c),
except as provided in subdivision (f)(3). As to any motion filed in the
appellate court under subdivision (f)(3), the following procedure
applies:
(A) The motion may be made with respect to a
record that was presented or presentable to a lower tribunal, but no
determination concerning confidentiality was made by the lower
tribunal, or a record presented to an appellate court in an original
proceeding.
(B) A response to a motion filed under this
subdivision may be served within 10 days of service of the motion.
(C) The court must issue a written ruling on a
motion filed under this subdivision within 10 days of the filing of a
response on a contested motion or within 10 days of the filing of an
uncontested motion.
(3) Any motion to determine whether a court record
that pertains to a plea agreement, substantial assistance
agreement, or other court record that reveals the identity of a
confidential informant or active criminal investigative information is
confidential under subdivision (c)(9)(A)(i), (c)(9)(A)(iii), (c)(9)(A)(v), or
(c)(9)(A)(vii) of this rule may be made in the form of a written motion
captioned “Motion to Determine Confidentiality of Court Records.”
Any motion made under this subdivision must be treated as
confidential and indicated on the docket by generic title only,
pending a ruling on the motion or further order of the court. As to
any motion made under this subdivision, the following procedure
applies:
(A) Information that is the subject of the motion
must be treated as confidential by the clerk pending the court’s
ruling on the motion. Filings containing the information must be
indicated on the docket in a manner that does not reveal the
confidential nature of the information.
(B) The provisions of subdivisions (e)(4)(A)–(G),
(g)(7), (h), and (j) apply to motions made under this subdivision. The
provisions of subdivisions (e)(1), (e)(3), (e)(4)(H), (e)(5), and (e)(6) do
not apply to motions made under this subdivision.
(C) No order entered under this subdivision may
authorize or approve the sealing of court records for any period
longer than is necessary to achieve the objective of the motion, and
in no event longer than 120 days. Extensions of an order issued
under this subdivision may be granted for 60–day periods, but each
such extension may be ordered only on the filing of another motion
in accordance with the procedures set forth under this subdivision.
In the event of an appeal or review of a matter in which an order is
entered under this subdivision, the lower tribunal must retain
jurisdiction to consider motions to extend orders issued under this
subdivision during the course of the appeal or review proceeding.
(D) The clerk of the court must not publish any
order of the court issued under this subdivision in accordance with
subdivision (e)(5) or (g)(4) unless directed by the court. The docket
must indicate only the entry of the order.
(4) This subdivision does not authorize the falsification
of court records or progress dockets.
(g) Request to Determine Confidentiality of Appellate
Court Records in Noncriminal Cases.
(1) Subdivision (e)(1) applies to any motion filed in the
appellate court to determine the confidentiality of appellate court
records in noncriminal cases under subdivision (c). Such a motion
may be made with respect to a record that was presented or
presentable to a lower tribunal, but no determination concerning
confidentiality was made by the lower tribunal, or a record
presented to an appellate court in an original proceeding.
(2) A response to a motion filed under subdivision (g)(1)
may be served within 10 days of service of the motion. The court
must issue a written ruling on a written motion filed under this
subdivision within 30 days of the filing of a response on a contested
motion or within 30 days of the filing of an uncontested written
motion.
(3) Any order granting in whole or in part a motion filed
under subdivision (g)(1) must be in compliance with the guidelines
set forth in subdivisions (e)(4)(A)–(e)(4)(H). Any order requiring the
sealing of an appellate court record operates to also make those
same records confidential in the lower tribunal during the pendency
of the appellate proceeding.
(4) Except as provided by law, within 10 days following
the entry of an order granting a motion under subdivision (g)(1), the
clerk of the appellate court must post a copy of the order on the
clerk’s website and must provide a copy of the order to the clerk of
the lower tribunal, with directions that the clerk of the lower
tribunal must seal the records identified in the order. The order
must remain posted by the clerk of the appellate court for no less
than 30 days.
(5) If a nonparty requests that the court vacate all or
part of an order issued under subdivision (g)(3), or requests that the
court order the unsealing of records designated as confidential
under subdivision (d), the request must be made by a written
motion, filed in that court, that states with as much specificity as
possible the bases for the request. The motion must set forth the
specific legal authority and any applicable legal standards
supporting the motion. The movant must serve all parties and all
affected non-parties with a copy of the motion. A response to a
motion may be served within 10 days of service of the motion.
(6) The party seeking to have an appellate record sealed
under this subdivision has the responsibility to ensure that the
clerk of the lower tribunal is alerted to the issuance of the order
sealing the records and to ensure that the clerk takes appropriate
steps to seal the records in the lower tribunal.
(7) On conclusion of the appellate proceeding, the lower
tribunal may, upon appropriate motion showing changed
circumstances, revisit the appellate court’s order directing that the
records be sealed.
(8) Records of a lower tribunal determined to be
confidential by that tribunal must be treated as confidential during
any review proceedings. In any case where information has been
determined to be confidential under this rule, the clerk of the lower
tribunal must indicate that in the index transmitted to the appellate
court. If the information was determined to be confidential in an
order, the clerk’s index must identify the order by date or docket
number. This subdivision does not preclude review by an appellate
court, under Florida Rule of Appellate Procedure 9.100(d), or affect
the standard of review by an appellate court, of an order by a lower
tribunal determining that a court record is confidential.
(h) Oral Motions to Determine Confidentiality of Trial
Court Records.
(1) Notwithstanding the written notice requirements of
subdivision (d)(2) and written motion requirements of subdivisions
(d)(3), (e)(1), and (f), the movant may make an oral motion to
determine the confidentiality of trial court records under
subdivision (c), provided:
(A) except for oral motions under subdivision (f)(3),
the oral motion otherwise complies with subdivision (e)(1);
(B) all parties and affected non-parties are present
or properly noticed or the movant otherwise demonstrates
reasonable efforts made to obtain the attendance or any absent
party of affected non-party;
(C) the movant shows good cause why the movant
was unable to timely comply with the written notice requirements
as set forth in subdivision (d)(2) or the written motion requirement
as set forth in subdivision (d)(3), (e)(1), or (f), as applicable;
(D) the oral motion is reduced to written form in
compliance with subdivision (d), (e)(1), or (f), as applicable, and is
filed within 5 days following the date of making the oral motion;
(E) except for oral motions under subdivisions
(f)(3), the provisions of subdivision (e)(3) apply to the oral motion,
procedure and hearing;
(F) the provisions of subdivision (f)(1)(A) and
(f)(1)(B) and (f)(3) apply to any oral motion under subdivision (f)(3);
and
(G) oral motions are not applicable to subdivision
(f)(2) or (g) or extensions of orders under subdivision (f)(3)(C).
(2) The court may deny any oral motion made under
subdivision (h)(1) if the court finds that that movant had the ability
to timely comply with the written notice requirements in subdivision
(d) or the written motion requirements of subdivision (d)(3), (e)(1), or
(f), as applicable, or the movant failed to provide adequate notice to
the parties and affected non-parties of the confidentiality issues to
be presented to the court.
(3) Until the court renders a decision regarding the
confidentiality issues raised in any oral motion, all references to
purported confidential information as set forth in the oral motion
must occur in a manner that does not allow public access to such
information.
(4) If the court grants in whole or in part any oral
motion to determine confidentiality, the court must issue a written
order that does not reveal the confidential information and complies
with the applicable subdivision of this rule as follows:
(A) For any oral motion under subdivision (e) or
(f)(1), except subdivisions (f)(1)(A) and (f)(1)(B), the written order
must be issued within 30 days of the hearing and must comply with
subdivision (e)(4).
(B) For any oral motion under subdivision (f)(3),
the written order must be issued within 10 days of the hearing on a
contested motion or filing of an agreed motion and must comply
with subdivision (f)(3).
(i) Sanctions. After notice and an opportunity to respond,
and on determining that a motion, filing, or other activity described
below was not made in good faith and was not supported by a
sound legal or factual basis, the court may impose sanctions
against any party or non-party and/or their attorney, if that party
or non-party and/or their attorney, in violation of the applicable
provisions of this rule:
(1) seeks confidential status for non-confidential
information by filing a notice under subdivision (d)(2);
(2) seeks confidential status for non-confidential
information by making any oral or written motion under subdivision
(d)(3), (e), (f), (g), or (h);
(3) seeks access to confidential information under
subdivision (j) or otherwise;
(4) fails to file a Notice of Confidential Information
within Court Filing in compliance with subdivision (d)(2);
(5) makes public or attempts to make public by motion
or otherwise information that should be maintained as confidential
under subdivision (c), (d), (e), (f), (g), or (h); or
(6) otherwise makes or attempts to make confidential
information part of a non-confidential court record.
Nothing in this subdivision is intended to limit the authority of
a court to enforce any court order entered under this rule.
(j) Procedure for Obtaining Access to Confidential Court
Records.
(1) The clerk of the court must allow access to
confidential court records to persons authorized by law, or any
person authorized by court order.
(2) A court order allowing access to confidential court
records may be obtained by filing a written motion which must:
(A) identify the particular court record(s) or a
portion of the court record(s) to which the movant seeks to obtain
access with as much specificity as possible without revealing the
confidential information;
(B) specify the bases for obtaining access to such
court records;
(C) set forth the specific legal authority for
obtaining access to such court records; and
(D) contain a certification that the motion is made
in good faith and is supported by a sound factual and legal basis.
(3) The movant must serve a copy of the written motion
to obtain access to confidential court records on all parties and
reasonably ascertainable affected non-parties and the court must
hold a hearing on the written motion within a reasonable period of
time.
(4) Any order granting access to confidential court
records must:
(A) describe the confidential information with as
much specificity as possible without revealing the confidential
information, including specifying the precise location of the
information within the court records;
(B) identify the persons who are permitted to view
the confidential information in the court records;
(C) identify any person who is permitted to obtain
copies of the confidential court records; and
(D) state the time limits imposed on such access,
if any, and any other applicable terms or limitations to such access.
(5) The filer of confidential court records, that filer’s
attorney of record, or that filer’s agent as authorized by that filer in
writing may obtain access to such confidential records under this
subdivision.
(6) Unless otherwise provided, an order granting access
to confidential court records under this subdivision does not alter
the confidential status of the record.
(k) Procedure for Service on Victims and Affected Non-
parties and When Addresses Are Confidential.
(1) In criminal cases, when the defendant must serve
any notice or motion described in this rule on an alleged victim of a
crime, service must be on the state attorney, who must send or
forward the notice or motion to the alleged victim.
(2) Except as set forth in subdivision (k)(1), when
serving any notice or motion described in this rule on any affected
non-party whose name or address is not confidential, the filer or
movant must use reasonable efforts to locate the affected non-party
and may serve the affected non-party by any method set forth in
Florida Rule of General Practice and Judicial Administration 2.516.
(3) Except as set forth in subdivision (k)(1), when
serving any notice or motion described in this rule and the name or
address of any party or affected non-party is confidential, the filer
or movant must state prominently in the caption of the notice or
motion “Confidential Party or Confidential Affected Non-Party —
Court Service Requested.” When a notice or motion so designated is
filed, the court is responsible for providing a copy of the notice or
motion to the party or affected non-party, by any method permitted
in Florida Rule of General Practice and Judicial Administration
2.516, in such a way as to not reveal the confidential information.
(l) Denial of Access Request for Administrative Records.
Expedited review of denials of access to administrative records of
the judicial branch must be provided through an action for
mandamus or other appropriate relief, in the following manner:
(1) When a judge who has denied a request for access
to records is the custodian, the action must be filed in the court
having appellate jurisdiction to review the decisions of the judge
denying access. On order issued by the appellate court, the judge
denying access to records must file a sealed copy of the requested
records with the appellate court.
(2) All other actions under this rule must be filed in the
circuit court of the circuit in which such denial of access occurs.
(m) Procedure for Public Access to Judicial Branch
Records. Requests and responses to requests for access to records
under this rule must be made in a reasonable manner.
(1) Requests for access to judicial branch records must
be in writing and must be directed to the custodian. The request
must provide sufficient specificity to enable the custodian to
identify the requested records. The reason for the request is not
required to be disclosed.
(2) The custodian is solely responsible for providing
access to the records of the custodian’s entity. The custodian must
determine whether the requested record is subject to this rule and,
if so, whether the record or portions of the record are exempt from
disclosure. The custodian must determine the form in which the
record is provided. If the request is denied, the custodian must
state in writing the basis for the denial.
(3) Fees for copies of records in all entities in the
judicial branch of government, except for copies of court records,
must be the same as those provided in section 119.07, Florida
Statutes.
Committee Note
1995 Amendment. This rule was adopted to conform to the
1992 addition of article I, section 24, to the Florida Constitution.
Amendments to this rule were adopted in response to the 1994
recommendations of the Study Committee on Confidentiality of
Records of the Judicial Branch.
Subdivision (b) has been added by amendment and provides a
definition of “judicial records” that is consistent with the definition
of “court records” contained in rule 2.075(a)(1) [renumbered as
2.430(a)(1) in 2006] and the definition of “public records” contained
in chapter 119, Florida Statutes. The word “exhibits” used in this
definition of judicial records is intended to refer only to
documentary evidence and does not refer to tangible items of
evidence such as firearms, narcotics, etc. Judicial records within
this definition include all judicial records and data regardless of the
form in which they are kept. Reformatting of information may be
necessary to protect copyrighted material. Seigle v. Barry, 422 So.
2d 63 (Fla. 4th DCA 1982), review denied, 431 So. 2d 988 (Fla.
1983).
The definition of “judicial records” also includes official
business information transmitted via an electronic mail (e-mail)
system. The judicial branch is presently experimenting with this
new technology. For example, e-mail is currently being used by the
judicial branch to transmit between judges and staff multiple
matters in the courts including direct communications between
judges and staff and other judges, proposed drafts of opinions and
orders, memoranda concerning pending cases, proposed jury
instructions, and even votes on proposed opinions. All of this type
of information is exempt from public disclosure under rules
2.051(c)(1) and (c)(2) [renumbered as 2.420(c)(1) and (c)(2) in 2006].
With few exceptions, these examples of e-mail transmissions are
sent and received between judicial officials and employees within a
particular court’s jurisdiction. This type of e-mail is by its very
nature almost always exempt from public record disclosure under
rule 2.051(c). In addition, official business e-mail transmissions
sent to or received by judicial officials or employees using dial-in
equipment, as well as the use of on-line outside research facilities
such as Westlaw, would also be exempt e-mail under rule 2.051(c).
On the other hand, we recognize that not all e-mail sent and
received within a particular court’s jurisdiction will fall into an
exception under rule 2.051(c). The fact that a non-exempt e-mail
message made or received in connection with official court business
is transmitted intra-court does not relieve judicial officials or
employees from the obligation of properly having a record made of
such messages so they will be available to the public similar to any
other written communications. It appears that official business e-
mail that is sent or received by persons outside a particular court’s
jurisdiction is largely non-exempt and is subject to recording in
some form as a public record. Each court should develop a means
to properly make a record of non-exempt official business e-mail by
either electronically storing the mail or by making a hard copy. It is
important to note that, although official business communicated by
e-mail transmissions is a matter of public record under the rule, the
exemptions provided in rule 2.051(c) exempt many of these
judge/staff transmissions from the public record. E-mail may also
include transmissions that are clearly not official business and are,
consequently, not required to be recorded as a public record. Each
court should also publish an e-mail address for public access. The
individual e-mail addresses of judicial officials and staff are exempt
under rule 2.051(c)(2) to protect the compelling interests of
maintaining the uninterrupted use of the computer for research,
word-processing, preparation of opinions, and communication
during trials, and to ensure computer security.
Subdivision (c)(3) was amended by creating subparts (a) and
(b) to distinguish between the provisions governing the
confidentiality of complaints against judges and complaints against
other individuals or entities licensed or regulated by the Supreme
Court.
Subdivision (c)(5) was amended to make public the
qualifications of persons applying to serve or serving the court as
unpaid volunteers such as guardians ad litem, mediators, and
arbitrators and to make public the applications and evaluations of
such persons on a showing of materiality in a pending court
proceeding or on a showing of good cause.
Subdivision (c)(9) has also been amended. Subdivision (c)(9)
was adopted to incorporate the holdings of judicial decisions
establishing that confidentiality may be required to protect the
rights of defendants, litigants, or third parties; to further the
administration of justice; or to otherwise promote a compelling
governmental interest. Barron v. Florida Freedom Newspapers, Inc.,
531 So. 2d 113 (Fla.1988); Miami Herald Publishing Co. v. Lewis,
426 So. 2d 1 (Fla.1982). Such confidentiality may be implemented
by court rule, as well as by judicial decision, where necessary for
the effective administration of justice. See, e.g., Fla.R.Crim.P. 3.470,
(Sealed Verdict); Fla.R.Crim.P. 3.712, (Presentence Investigation
Reports); Fla.R.Civ.P. 1.280(c), (Protective Orders).
Subdivision (c)(9)(D) requires that, except where otherwise
provided by law or rule of court, reasonable notice shall be given to
the public of any order closing a court record. This subdivision is
not applicable to court proceedings. Unlike the closure of court
proceedings, which has been held to require notice and hearing
before closure, see Miami Herald Publishing Co. v. Lewis, 426 So. 2d
1 (Fla.1982), the closure of court records has not required prior
notice. Requiring prior notice of closure of a court record may be
impractical and burdensome in emergency circumstances or when
closure of a court record requiring confidentiality is requested
during a judicial proceeding. Providing reasonable notice to the
public of the entry of a closure order and an opportunity to be
heard on the closure issue adequately protects the competing
interests of confidentiality and public access to judicial records. See
Florida Freedom Newspapers, Inc. v. Sirmons, 508 So. 2d 462 (Fla.
1st DCA 1987), approved, Barron v. Florida Freedom Newspapers,
Inc., 531 So. 2d 113 (Fla.1988); State ex rel. Tallahassee Democrat
v. Cooksey, 371 So. 2d 207 (Fla. 1st DCA 1979). Subdivision
(c)(9)(D), however, does not preclude the giving of prior notice of
closure of a court record, and the court may elect to give prior
notice in appropriate cases.
2002 Court Commentary
The custodian is required to provide access to or copies of
records but is not required either to provide information from
records or to create new records in response to a request. Op. Atty.
Gen. Fla. 80-57 (1980); Wootton v. Cook, 590 So. 2d 1039 (Fla. 1st
DCA 1991); Seigle v. Barry, 422 So. 2d 63 (Fla. 4th DCA 1982).
The writing requirement is not intended to disadvantage any
person who may have difficulty writing a request; if any difficulty
exists, the custodian should aid the requestor in reducing the
request to writing.
It is anticipated that each judicial branch entity will have
policies and procedures for responding to public records requests.
The 1995 commentary notes that the definition of “judicial
records” added at that time is consistent with the definition of
“court records” contained in rule 2.075(a)(1) [renumbered as
2.430(a)(1) in 2006] and the definition of “public records” contained
in chapter 119, Florida Statutes. Despite the commentary, these
definitions are not the same. The definitions added in 2002 are
intended to clarify that records of the judicial branch include court
records as defined in rule 2.075(a)(1) and administrative records.
The definition of records of the judicial branch is consistent with
the definition of “public records” in chapter 119, Florida Statutes.
2005 Court Commentary
Under courts’ inherent authority, appellate courts may
appoint a special magistrate to serve as commissioner for the court
to make findings of fact and oversee discovery in review proceedings
under subdivision (d) of this rule. Cf. State ex rel. Davis v. City of
Avon Park, 158 So. 159 (Fla. 1934) (recognizing appellate courts’
inherent authority to do all things reasonably necessary for
administration of justice within the scope of courts’ jurisdiction,
including the appointment of a commissioner to make findings of
fact); Wessells v. State, 737 So. 2d 1103 (Fla. 1st DCA 1998)
(relinquishing jurisdiction to circuit court for appointment of a
special master to serve as commissioner for court to make findings
of fact).
2007 Court Commentary
New subdivision (d) applies only to motions that seek to make
court records in noncriminal cases confidential in accordance with
subdivision (c)(9).
2007 Committee Commentary
Subdivision (d)(2) is intended to permit a party to make use of
any court-provided recording device or system that is available
generally for litigants’ use, but is not intended to require the court
system to make such devices available where they are not already
in use and is not intended to eliminate any cost for use of such
system that is generally borne by a party requesting use of such
system.
APPENDIX TO RULE 2.420 cases
IN THE .....(NAME OF
COURT).....,
FLORIDA
CASE NO.: ..........
Plaintiff/Petitioner,
v.
Defendant/Respondent.
/
NOTICE OF CONFIDENTIAL INFORMATION
WITHIN COURT FILING
Under Florida Rule of General Practice and Judicial
Administration 2.420(d)(2), I certify:
( )(1) I am filing the attached document containing
confidential information as described in Rule 2.420(d)(1)(B) and
that:
(a) The title/type of document is
,
and :
(b)( ) the entire document is confidential, or
( ) the confidential information within the document is
precisely located at :
.
OR
( )(2) A document was previously filed in this case that
contains confidential information as described in Rule
2.420(d)(1)(B), but a Notice of Confidential Information within Court
Filing was not filed with the document and the confidential
information was not maintained as confidential by the clerk of the
court. I hereby notify the clerk that this confidential information is
located as follows:
(a) Title/type of document:
;
(b) Date of filing (if known):
;
(c) Date of document:
;
(d) Docket entry number:
;
(e) ( ) Entire document is confidential, or
( ) Precise location of confidential information in document:
.
.
Filer’s Signature
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a copy of the foregoing was furnished by
(e-mail) (delivery) (mail) (fax) on: (All parties and Affected Non-
Parties. Note: If the name or address of a Party or Affected Non-
Party is confidential DO NOT include such information in this
Certificate of Service. Instead, serve the State Attorney or request
Court Service. See Rule 2.420(k)) , on , 20
.
Name ..........
Address ..........
Phone ..........
Florida Bar No. (if
applicable)..........
E-mail address ..........
Note: The clerk of court must review filings identified as containing
confidential information to determine whether the information is
facially subject to confidentiality under subdivision (d)(1)(B). The
clerk must notify the filer in writing within 5 days if the clerk
determines that the information is NOT subject to confidentiality,
and the records must not be held as confidential for more than 10
days, unless a motion is filed under subdivision (d)(3) of the Rule.
Fla. R. Gen. Prac. & Jud. Admin. 2.420(d)(2).
RULE 2.423 cases. “MARSY’S LAW” CRIME VICTIM INFORMATION
WITHIN COURT FILING
(a) Scope and Purpose. As provided by article I, section 16
of the Florida Constitution, known as “Marsy’s Law,” the following
rule shall govern public access to and the protection of the records
of the judicial branch of government in criminal and juvenile justice
cases as it pertains to confidential crime victim information. This
rule shall be interpreted to be consistent with the scope and
purpose of rule 2.420.
(b) Definitions.
(1) “Confidential crime victim information” means any
information contained within a court record that could be used to
locate or harass the victim or the victim’s family, or which could
disclose confidential or privileged information of the victim.
(2) “Crime” and “criminal” include delinquent acts and
conduct.
(3) A “victim” is a person who suffers direct or
threatened physical, psychological, or financial harm as a result of
the commission or attempted commission of a crime or delinquent
act or against whom the crime or delinquent act is committed. The
term “victim” includes the victim’s lawful representative, the parent
or guardian of a minor victim, or the next of kin of a homicide
victim, except upon a showing that the interest of such individual
would be in actual or potential conflict with the interests of the
victim. The term “victim” does not include the accused.
(c) Confidential and Exempt Records. In accordance with
rule 2.420(c)(9), confidential crime victim information is determined
to be confidential on the grounds that confidentiality is required to
comply with the Florida Constitution.
(d) Procedure for Identifying Confidential Crime Victim
Information in Criminal and Juvenile Court Records.
(1) The filer of an initial charging document shall
prominently indicate the existence of confidential crime victim
information pursuant to article I, section 16 of the Florida
Constitution. If the filer indicates the existence of confidential
crime victim information, the clerk of the court shall designate and
maintain the confidentiality of any such information contained
within the initial charging document.
(2) Except as provided under subdivision (d)(1), the filer
of any document with the court under subdivision (d) shall
ascertain whether it contains any confidential crime victim
information. If the filer believes in good faith that information is
confidential, the filer shall request that the information be
maintained as confidential by contemporaneously filing a “Notice of
Confidential Crime Victim Information within Court Filing.”
(3) A crime victim, the filer, a party, or any affected
nonparty may file a Notice of Confidential Crime Victim Information
within Court Filing at any time.
(4) Filers of subsequent court filings shall limit the
presence of crime victim identifying information in accordance with
rule 2.425(a)(3) or file a Notice of Crime Victim Information within
Court Filing with each subsequent court filing that contains
confidential crime victim information.
(5) A Notice of Confidential Crime Victim Information
within Court Filing:
(A) Shall identify the precise location of the
confidential information within the document being filed.
(B) Shall be confidential to the extent it contains
crime victim information pursuant to article I, section 16.
(C) Shall not be required when an entire case file
is maintained as confidential.
(D) A form shall accompany this rule.
(6) If a Notice of Crime Victim Information within Court
Filing is filed, the clerk of court shall review the filing identified as
containing confidential crime victim information to determine
whether the purported confidential information is facially subject to
confidentiality under article I, section 16(b)(5) of the Florida
Constitution.
(A) The clerk of the court shall designate and
maintain the confidentiality of any such information contained
within a court record.
(B) If the clerk determines that the information is
not confidential, the clerk shall notify the filer in writing within 5
days of filing the notice and thereafter shall maintain the
information as confidential for 10 days from the date such
notification by the clerk is served. The information shall not be
held as confidential for more than that 10-day period, unless a
motion has been filed pursuant to rule 2.420(d)(3).
APPENDIX A
NOTICE OF CONFIDENTIAL CRIME VICTIM INFORMATION
WITHIN COURT FILING
Pursuant to Florida Rule of General Practice and Judicial
Administration 2.423, I hereby certify:
( ) (1) I am filing a document containing confidential crime
victim information as described in rule 2.423(b)(1) and that:
(a) The title/type of the document is _________________,
and;
(b) ( ) the entire document is confidential, or
( ) the confidential information within the
document is precisely located at: ________________________________.
or
( ) (2) A document was previously filed in this case that
contains confidential crime victim information as described in rule
2.423(b)(1), but a Notice of Confidential Crime Victim Information
within Court Filing was not filed with the document and the
confidential information was not maintained as confidential by the
clerk of the court. I hereby notify the clerk that this information is
located as follows:
(a) Title/type of document: ___________________________;
(b) Date of filing (if known): __________________________;
(c) Date of document: ________________________________;
(d) Docket entry number: ____________________________;
and either:
( ) Entire document is confidential, or
( ) The precise location of the confidential crime victim
information is: ___________________________________________________.
______________________________
Filer’s Signature
CERTIFICATE OF SERVICE
I certify that the foregoing document has been furnished to
(here insert names or names, addresses used for service, and
mailing addresses) by (portal) (e-mail) (delivery) (mail) on ….(date)….
[See Note 1].
Name:
______________________________
Address:
______________________________
Phone:
______________________________
Florida Bar No. (if applicable)
______________________________
E-mail address:
______________________________
Note 1: If the name or address of a Party or Affected Nonparty is
confidential DO NOT include such information in the Certificate of
Service. Instead, serve the State Attorney or request Court Service
as described under rule 2.420(k).
Note 2: The clerk of the court shall review filings identified as
containing confidential crime victim information to determine
whether the information is facially subject to confidentiality under
rule 2.423(d)(6). As provided under rule 2.423(d)(6)(B), the clerk
shall notify the filer in writing within 5 days if the clerk determines
that the information is not subject to confidentiality, and the
records shall not be held as confidential for more than 10 days,
unless a motion is filed pursuant to rule 2.420(d)(3).
RULE 2.425 cases. MINIMIZATION OF THE FILING OF SENSITIVE
INFORMATION
(a) Limitation for Court Filings. Unless authorized by
subdivision (b), statute, another rule of court, or the court orders
otherwise, designated sensitive information filed with the court
must be limited to the following format:
(1) The initials of a person known to be a minor;
(2) The year of birth of a person’s birth date;
(3) No portion of any
(A) social security number,
(B) bank account number,
(C) credit card account number,
(D) charge account number, or
(E) debit account number;
(4) The last four digits of any
(A) taxpayer identification number (TIN),
(B) employee identification number,
(C) driver’s license number,
(D) passport number,
(E) telephone number,
(F) financial account number, except as set forth
in subdivision (a)(3),
(G) brokerage account number,
(H) insurance policy account number,
(I) loan account number,
(J) customer account number, or
(K) patient or health care number;
(5) A truncated version of any
(A) email address,
(B) computer user name,
(C) password, or
(D) personal identification number (PIN); and
(6) A truncated version of any other sensitive
information as provided by court order.
(b) Exceptions. Subdivision (a) does not apply to the
following:
(1) An account number which identifies the property
alleged to be the subject of a proceeding;
(2) The record of an administrative or agency
proceeding;
(3) The record in appellate or review proceedings;
(4) The birth date of a minor whenever the birth date is
necessary for the court to establish or maintain subject matter
jurisdiction;
(5) The name of a minor in any order relating to
parental responsibility, time-sharing, or child support;
(6) The name of a minor in any document or order
affecting the minor’s ownership of real property;
(7) The birth date of a party in a writ of attachment or
notice to payor;
(8) In traffic and criminal proceedings
(A) a pro se filing;
(B) a court filing that is related to a criminal
matter or investigation and that is prepared before the filing of a
criminal charge or is not filed as part of any docketed criminal case;
(C) an arrest or search warrant or any information
in support thereof;
(D) a charging document and an affidavit or other
documents filed in support of any charging document, including
any driving records;
(E) a statement of particulars;
(F) discovery material introduced into evidence or
otherwise filed with the court;
(G) all information necessary for the proper
issuance and execution of a subpoena duces tecum;
(H) information needed to contact witnesses who
will support the defendant’s claim of newly discovered evidence
under Florida Rule of Criminal Procedure 3.851; and
(I) information needed to complete a sentencing
scoresheet;
(9) Information used by the clerk for case maintenance
purposes or the courts for case management purposes; and
(10) Information which is relevant and material to an
issue before the court.
(c) Remedies. Upon motion by a party or interested person
or sua sponte by the court, the court may order remedies, sanctions
or both for a violation of subdivision (a). Following notice and an
opportunity to respond, the court may impose sanctions if such
filing was not made in good faith.
(d) Motions Not Restricted. This rule does not restrict a
party’s right to move for protective order, to move to file documents
under seal, or to request a determination of the confidentiality of
records.
(e) Application. This rule does not affect the application of
constitutional provisions, statutes, or rules of court regarding
confidential information or access to public information.
RULE 2.430 cases. RETENTION OF COURT RECORDS
(a) Definitions. The following definitions apply to this rule:
(1) “Court records” mean the contents of the court file,
including the progress docket and other similar records generated
to document activity in a case, transcripts filed with the clerk,
documentary exhibits in the custody of the clerk, and electronic
records, video tapes, or stenographic tapes of depositions or other
proceedings filed with the clerk, and electronic records, videotapes
or stenographic tapes of court proceedings.
(2) “After a judgment has become final” means:
(A) when a final order, final judgment, final docket
entry, final dismissal, or nolle prosequi has been entered as to all
parties, no appeal has been taken, and the time for appeal has
expired; or
(B) when a final order, final judgment, or final
docket entry has been entered, an appeal has been taken, the
appeal has been disposed of, and the time for any further appellate
proceedings has expired.
(3) “Permanently recorded” means that a document has
been microfilmed, optically imaged, or recorded onto an electronic
record keeping system in accordance with standards adopted by the
Supreme Court of Florida.
(b) Permanently Recorded Records.
(1) Court records, except exhibits, that have been
permanently recorded may be destroyed or otherwise disposed of by
the clerk at any time after a judgment has become final.
(2) Any physical media submitted to the clerk for the
purpose of filing information contained in the media may be
destroyed, retained, or otherwise disposed of by the clerk once the
contents of the media have been made a part of the court record.
(c) Records Not Permanently Recorded. No court records
under this subdivision shall be destroyed or disposed of until the
final order, final docket entry, or final judgment is permanently
recorded for, or recorded in, the public records. The time periods
shall not apply to any action in which the court orders the court
records to be kept until the court orders otherwise. When an order
is entered to that effect, the progress docket and the court file shall
be marked by the clerk with a legend showing that the court
records are not to be destroyed or disposed of without a further
order of court. Any person may apply for an order suspending or
prohibiting destruction or disposition of court records in any
proceeding. Court records, except exhibits, that are not
permanently recorded may be destroyed or disposed of by the clerk
after a judgment has become final in accordance with the following
schedule:
(1) For trial courts
(A) 60 days — Parking tickets and noncriminal
traffic infractions after required audits have been completed.
(B) 2 years — Proceedings under the Small Claims
Rules, Medical Mediation Proceedings.
(C) 5 years — Noncriminal ordinance violations,
civil litigation proceedings in county court other than those under
the Small Claims Rules, and civil proceedings in circuit court except
marriage dissolutions and adoptions.
(D) 10 years — Probate, guardianship, and mental
health proceedings.
(E) 10 years — Felony and misdemeanor cases in
which no information or indictment was filed or in which all charges
were dismissed, or in which the state announced a nolle prosequi,
or in which the defendant was adjudicated not guilty.
(F) 75 years — Juvenile proceedings containing an
order permanently depriving a parent of custody of a child, and
adoptions, and all felony and misdemeanor cases not previously
destroyed.
(G) Juvenile proceedings not otherwise provided
for in this subdivision shall be kept for 5 years after the last entry
or until the child reaches the age of majority, whichever is later.
(H) Marriage dissolutions — 10 years from the last
record activity. The court may authorize destruction of court
records not involving alimony, support, or custody of children 5
years from the last record activity.
(2) For district courts of appeal
(A) 2 years — noncriminal court records.
(B) 5 years — Criminal court records.
(3) For the Supreme Court
(A) 5 years — All cases disposed of by order not
otherwise provided for in this rule.
(B) 10 years — Cases disposed of by order
involving individuals licensed or regulated by the court and
noncriminal court records involving the unauthorized practice of
law.
(d) Records to Be Retained Permanently. The following
court records shall be permanently recorded or permanently
retained:
(1) progress dockets, and other similar records
generated to document activity in a case, and
(2) court records of the supreme court in which the
case was disposed of by opinion.
(e) Court Reporters’ Notes. Court reporters or persons
acting as court reporters for judicial or discovery proceedings shall
retain the original notes or electronic records of the proceedings or
depositions until the times specified below:
(1) 2 years from the date of preparing the transcript —
Judicial proceedings, arbitration hearings, and discovery
proceedings when an original transcript has been prepared.
(2) 10 years — Judicial proceedings in felony cases
when a transcript has not been prepared.
(3) 5 years — All other judicial proceedings, arbitration
hearings, and discovery proceedings when a transcript has not been
prepared.
When an agreement has been made between the reporter and any
other person and the person has paid the reasonable charges for
storage and retention of the notes, the notes or records shall be
kept for any longer time agreed on. All reporters’ notes shall be
retained in a secure place in Florida.
(f) Exhibits.
(1) Exhibits in criminal proceedings shall be disposed
of as provided by law.
(2) All other exhibits shall be retained by the clerk until
90 days after a judgment has become final. If an exhibit is not
withdrawn pursuant to subdivision (i) within 90 days, the clerk may
destroy or dispose of the exhibits after giving the parties or their
attorneys of record 30 days’ notice of the clerk’s intention to do so.
Exhibits shall be delivered to any party or attorney of record calling
for them during the 30-day time period.
(g) Disposition Other Than Destruction. Before
destruction or disposition of court records under this rule, any
person may apply to the court for an order requiring the clerk to
deliver to the applicant the court records that are to be destroyed or
disposed of. All parties shall be given notice of the application. The
court shall dispose of that court record as appropriate.
(h) Release of Court Records. This rule does not limit the
power of the court to release exhibits or other parts of court records
that are the property of the person or party initially placing the
items in the court records. The court may require copies to be
substituted as a condition to releasing the court records under this
subdivision.
(i) Right to Expunge Records. Nothing in this rule shall
affect the power of the court to order records expunged.
(j) Sealed Records. No record which has been sealed from
public examination by order of court shall be destroyed without
hearing after such notice as the court shall require.
(k) Destruction of Jury Notes. At the conclusion of the trial
and promptly following discharge of the jury, the court shall collect
all juror notes and immediately destroy the juror notes.
RULE 2.440 cases. RETENTION OF JUDICIAL BRANCH
ADMINISTRATIVE RECORDS
(a) Definitions.
(1) “Judicial branch” means the judicial branch of
government, which includes the state courts system, the clerk of
court when acting as an arm of the court, The Florida Bar, the
Florida Board of Bar Examiners, the Judicial Qualifications
Commission, and all other entities established by or operating
under the authority of the supreme court or the chief justice.
(2) “Records of the judicial branch” means all records,
regardless of physical form, characteristics, or means of
transmission, made or received in connection with the transaction
of official business by any judicial branch entity and consists of:
(A) “court records,” which means the contents of
the court file, including the progress docket and other similar
records generated to document activity in a case, transcripts filed
with the clerk, documentary exhibits in the custody of the clerk,
and electronic records, videotapes, or stenographic tapes of
depositions or other proceedings filed with the clerk, and electronic
records, videotapes, or stenographic tapes of court proceedings; and
(B) “administrative records,” which means all
other records made or received pursuant to court rule, law, or
ordinance, or in connection with the transaction of official business
by any judicial branch entity.
(b) Retention Requirements. Administrative records in the
judicial branch shall be retained in accordance with the Judicial
Branch Records Retention Schedule approved by the supreme
court.
2002 Commentary
This rule does not apply to court records and files that are
governed by rule 2.075 [renumbered as 2.430 in 2006]. This rule
applies to administrative records.
To provide a consistent schedule for retention of
administrative records in the judicial branch, the Supreme Court
Workgroup on Public Records recommended that the Court adopt
the Judicial Branch Records Retention Schedule. This schedule
uses the legislatively authorized Department of State retention
schedules, as appropriate, and includes a schedule for other
records that are unique to the judicial branch. [This schedule is set
forth at the end of these rules.]
RULE 2.450 cases. TECHNOLOGICAL COVERAGE OF JUDICIAL
PROCEEDINGS
(a) Electronic and Still Photography Allowed. Subject at
all times to the authority of the presiding judge to: (i) control the
conduct of proceedings before the court; (ii) ensure decorum and
prevent distractions; and (iii) ensure the fair administration of
justice in the pending cause, electronic media and still photography
coverage of public judicial proceedings in the appellate and trial
courts of this state shall be allowed in accordance with the following
standards of conduct and technology promulgated by the Supreme
Court of Florida.
(b) Equipment and Personnel.
(1) At least 1 portable television camera, operated by
not more than 1 camera person, shall be permitted in any trial or
appellate court proceeding. The number of permitted cameras shall
be within the sound discretion and authority of the presiding judge.
(2) Not more than 1 still photographer, using not more
than 2 still cameras, shall be permitted in any proceeding in a trial
or appellate court.
(3) Not more than 1 audio system for radio broadcast
purposes shall be permitted in any proceeding in a trial or appellate
court. Audio pickup for all media purposes shall be accomplished
from existing audio systems present in the court facility. If no
technically suitable audio system exists in the court facility,
microphones and related wiring essential for media purposes shall
be unobtrusive and shall be located in places designated in advance
of any proceeding by the chief judge of the judicial circuit or district
in which the court facility is located.
(4) Any “pooling” arrangements among the media
required by these limitations on equipment and personnel shall be
the sole responsibility of the media without calling upon the
presiding judge to mediate any dispute as to the appropriate media
representative or equipment authorized to cover a particular
proceeding. In the absence of advance media agreement on disputed
equipment or personnel issues, the presiding judge shall exclude all
contesting media personnel from a proceeding.
(c) Sound and Light Criteria.
(1) Only television photographic and audio equipment
that does not produce distracting sound or light shall be used to
cover judicial proceedings. No artificial lighting device of any kind
shall be used in connection with the television camera.
(2) Only still camera equipment that does not produce
distracting sound or light shall be used to cover judicial
proceedings. No artificial lighting device of any kind shall be used in
connection with a still camera.
(3) It shall be the affirmative duty of media personnel to
demonstrate to the presiding judge adequately in advance of any
proceeding that the equipment sought to be used meets the sound
and light criteria enunciated in this rule. A failure to obtain advance
judicial approval for equipment shall preclude its use in any
proceeding.
(d) Location of Equipment Personnel.
(1) Television camera equipment shall be positioned in
such location in the court facility as shall be designated by the chief
judge of the judicial circuit or district in which such facility is
situated. The area designated shall provide reasonable access to
coverage. If and when areas remote from the court facility that
permit reasonable access to coverage are provided, all television
camera and audio equipment shall be positioned only in such area.
Videotape recording equipment that is not a component part of a
television camera shall be located in an area remote from the court
facility.
(2) A still camera photographer shall position himself or
herself in such location in the court facility as shall be designated
by the chief judge of the judicial circuit or district in which such
facility is situated. The area designated shall provide reasonable
access to coverage. Still camera photographers shall assume a fixed
position within the designated area and, once established in a
shooting position, shall act so as not to call attention to themselves
through further movement. Still camera photographers shall not be
permitted to move about in order to obtain photographs of court
proceedings.
(3) Broadcast media representatives shall not move
about the court facility while proceedings are in session, and
microphones or taping equipment once positioned as required by
subdivision (b)(3) shall not be moved during the pendency of the
proceeding.
(e) Movement During Proceedings. News media
photographic or audio equipment shall not be placed in or removed
from the court facility except before commencement or after
adjournment of proceedings each day, or during a recess. Neither
television film magazines nor still camera film or lenses shall be
changed within a court facility except during a recess in the
proceeding.
(f) Courtroom Light Sources. With the concurrence of the
chief judge of a judicial circuit or district in which a court facility is
situated, modifications and additions may be made in light sources
existing in the facility, provided such modifications or additions are
installed and maintained without public expense.
(g) Conferences of Counsel. To protect the attorney-client
privilege and the effective right to counsel, there shall be no audio
pickup or broadcast of conferences that occur in a court facility
between attorneys and their clients, between co-counsel of a client,
or between counsel and the presiding judge held at the bench.
(h) Impermissible Use of Media Material. None of the film,
videotape, still photographs, or audio reproductions developed
during or by virtue of coverage of a judicial proceeding shall be
admissible as evidence in the proceeding out of which it arose, in
any proceeding subsequent or collateral thereto, or upon retrial or
appeal of such proceedings.
(i) Appellate Review. Review of an order excluding the
electronic media from access to any proceeding, excluding coverage
of a particular participant, or upon any other matters arising under
these standards shall be pursuant to Florida Rule of Appellate
Procedure 9.100(d).
Court Commentary
1994 Amendment. This rule was copied from Canon 3A(7) of
the Code of Judicial Conduct. Canon 3A(7) represented a departure
from former Canon 3A(7) [ABA Canon 35]. The former canon
generally proscribed electronic media and still photography
coverage of judicial proceedings from within and in areas
immediately adjacent to the courtroom, with three categories of
exceptions — (a) use for judicial administration, (b) coverage of
investitive, ceremonial, and naturalization proceedings, and (c) use
for instructional purposes in educational institutions. Subject to
the limitations and promulgation of standards as mentioned
therein, the revised canon constituted a general authorization for
electronic media and still photography coverage for all purposes,
including the purposes expressed as exceptions in the former
canon. Limited only by the authority of the presiding judge in the
exercise of sound discretion to prohibit filming or photographing of
particular participants, consent of participants to coverage is not
required. The text of the rule refers to public judicial proceedings.
This is in recognition of the authority reposing in the presiding
judge, upon the exercise of sound discretion, to hold certain judicial
proceedings or portions thereof in camera, and in recognition of the
fact that certain proceedings or portions thereof are made
confidential by statute. The term “presiding judge” includes the
chief judge of an appellate tribunal.
RULE 2.451 cases. USE OF ELECTRONIC DEVICES
(a) Electronic Devices Defined. An electronic device is any
device capable of making or transmitting still or moving
photographs, video recordings, or images of any kind; any device
capable of creating, transmitting, or receiving text or data; and any
device capable of receiving, transmitting, or recording sound.
Electronic devices include, without limitation, film cameras, digital
cameras, video cameras, any other type of camera, cellular
telephones, tape recorders, digital voice recorders, any other type of
audio recorders, laptop computers, personal digital assistants, or
other similar technological devices with the ability to make or
transmit video recordings, audio recordings, images, text, or data.
(b) Use of Electronic Devices by Jurors During
Proceedings Conducted In Person. If jurors participate in a court
proceeding in person, the following provisions govern:
(1) Electronic devices may be removed as directed by
the presiding judge from all members of a jury panel at any time
before deliberations, but such electronic devices must be removed
from all members of a jury panel before jury deliberations begin.
The electronic devices will be removed and appropriately secured by
the bailiff or other person designated by the chief judge.
(2) Any electronic devices removed from members of a
jury panel may be returned to the members of the jury panel during
recesses in the trial. When jurors are sequestered, the presiding
judge may determine whether the electronic devices will be removed
from jurors during any portion of sequestration.
(3) From the time a person reports for jury service until
the person is discharged from jury service, that person is prohibited
from using electronic devices for any of the following purposes:
(A) making or transmitting still or moving
photographs, audio recordings, video recordings, or images of any
kind of the court proceedings;
(B) transmitting or accessing text or data during
the court proceedings;
(C) transmitting or accessing text or data about
the case on which the juror is serving;
(D) researching, transmitting, or accessing
information about the case on which the juror is serving;
(E) otherwise communicating about the case on
which the juror is serving; or
(F) otherwise communicating about the jury
deliberations.
(4) Nothing in this rule is to be construed to limit or
impair the authority of a chief judge or presiding judge to grant
permission to a juror to retain his or her electronic device during
trial proceedings.
(5) The jury summons mailed to prospective jurors
should contain a notice that electronic devices will be removed from
all members of a jury panel before jury deliberations begin and as
directed by the presiding judge, may be removed at other stages of a
trial. At the beginning of the trial, the presiding judge should advise
the jury panel about the removal of electronic devices.
(c) Use of Electronic Devices by Jurors During
Proceedings Conducted by Audio-Video Communication
Technology. When prospective jurors participate in voir dire or
empaneled jurors participate in a trial through audio-video
communication technology as described in rule 2.530(c) and
authorized by another rule of procedure, the following provisions
govern:
(1) Presiding judges should ensure that the prospective
and empaneled jurors have the technical ability and means
necessary to connect to and participate in the court proceeding.
(2) Prospective and empaneled jurors may not use an
electronic device during a court proceeding, except for the sole
purpose of participating in the court proceeding, unless otherwise
authorized by the presiding judge. When empaneled jurors are
sequestered, the presiding judge may determine whether any
electronic devices may be used by those jurors during any portion
of sequestration.
(3) Prospective and empaneled jurors are subject to the
prohibitions specified in subdivision (b)(3).
(4) Nothing in this rule is to be construed to limit or
impair the authority of a chief judge or presiding judge to grant
permission to a prospective or an empaneled juror to use his or her
electronic device during a court proceeding.
(5) The jury summons mailed to prospective jurors who
may participate in voir dire or trial through audio-video
communication technology should contain a notice indicating that
electronic devices may not be used during those court proceedings
except for the sole purpose of participating in the court proceeding,
unless otherwise authorized by the presiding judge. The summons
should also indicate that the use of electronic devices may be
prohibited by a presiding judge during a period of sequestration. At
the beginning of voir dire and trial, the presiding judge should
advise the prospective and empaneled jurors about the prohibition
against using electronic devices during the court proceeding for any
purpose other than participating in the court proceeding.
(d) Use of Electronic Devices by Others.
(1) The use of electronic devices in a courtroom is
subject at all times to the authority of the presiding judge or quasi-
judicial officer to
(A) control the conduct of proceedings before the
court;
(B) ensure decorum and prevent distractions; and
(C) ensure the fair administration of justice in the
pending cause.
(2) The use of electronic devices in a courthouse or
court facility is subject at all times to the authority of the chief
judge to
(A) ensure decorum and prevent distractions;
(B) ensure the fair administration of justice; and
(C) preserve court security.
Committee Note
2013 Adoption. Subdivision (c), Use of Electronic Devices by
Others, parallels Florida Rule of General Practice and Judicial
Administration 2.450(a) regarding the use of electronic devices by
the media.
PART V. PRACTICE OF LAW
A. ATTORNEYS
RULE 2.505 cases. ATTORNEYS
(a) Scope and Purpose. All persons in good standing as
members of The Florida Bar shall be permitted to practice in
Florida. Attorneys of other states who are not members of The
Florida Bar in good standing shall not engage in the practice of law
in Florida except to the extent permitted by rule 2.510.
(b) Persons Employed by the Court. Except as provided in
this subdivision, no full-time employee of the court shall practice as
an attorney in any court or before any agency of government while
continuing in that position. Any attorney designated by the chief
justice or chief judge may represent the court, any court employee
in the employee’s official capacity, or any judge in the judge’s official
capacity, in any proceeding in which the court, employee, or judge
is an interested party. An attorney formerly employed by a court
shall not represent anyone in connection with a matter in which the
attorney participated personally and substantially while employed
by the court, unless all parties to the proceeding consent after
disclosure.
(c) Attorney Not to Be Surety. No attorneys or other
officers of court shall enter themselves or be taken as bail or surety
in any proceeding in court.
(d) Stipulations. No private agreement or consent between
parties or their attorneys concerning the practice or procedure in an
action shall be of any force unless the evidence of it is in writing,
subscribed by the party or the party’s attorney against whom it is
alleged. Parol agreements may be made before the court if promptly
made a part of the record or incorporated in the stenographic notes
of the proceedings, and agreements made at depositions that are
incorporated in the transcript need not be signed when signing of
the deposition is waived. This rule shall not apply to settlements or
other substantive agreements.
(e) Appearance of Attorney. An attorney may appear for a
party in an action or proceeding in any of the following ways:
(1) First Pleading or Document. Signing the first
pleading or other document filed on behalf of a party.
(2) Notice of Appearance. Filing a notice of appearance
on behalf of a party.
(3) Order on Substitution of Counsel. Filing of a written
order by the court, that reflects written consent of the client. The
court may condition substitution of counsel upon payment of or
grant of security for the substituted attorney’s fees and expenses or
upon such other terms as may be just.
(4) Notice of Substitution of Counsel. Filing a notice of
substitution of counsel when the substituting attorney is from the
same law firm, company, or governmental agency as the replaced
attorney.
(5) Notice of Limited Appearance. Filing a notice of
limited appearance as permitted by another rule of court.
(6) Appearance as Stand-In Counsel. Appearing as
stand-in counsel pursuant to subdivision (g).
(f) Termination of Appearance of Attorney. An
appearance of an attorney for a party in an action or proceeding
shall terminate only upon:
(1) Withdrawal of Attorney. A written order of the court
after hearing upon a motion setting forth reasons for withdrawal
and the client’s last known address, telephone number, and e-mail
address.
(2) Substitution of Attorney. Substitution of counsel
pursuant to subdivision (e)(3) or (e)(4).
(3) Termination of Proceeding. Termination of an action
or proceeding and expiration of any applicable time for appeal when
no appeal is taken, without any further action of the court unless
otherwise required by another rule of court.
(4) Termination of Post-Judgment Appearances.
(A) In non-criminal matters in which an attorney
has appeared after entry of judgment, filing of a notice of
termination of appearance.
(B) In matters governed by the rules of criminal or
juvenile procedure in which an attorney has appeared after entry of
a judgment, entry of a written order of the court after hearing upon
a motion setting forth the reasons for withdrawal.
(5) Termination of Limited Appearance. Filing a notice of
termination of limited appearance in an action or proceeding in
which an attorney has filed a notice of limited appearance pursuant
to subdivision (e)(5).
(6) Termination of Hearing. Conclusion of a hearing or
proceeding in which an attorney has appeared as stand-in counsel
pursuant to subdivision (g).
(g) Stand-In Counsel. An attorney may stand in for another
attorney to cover a proceeding or hearing only if a notice of stand-in
counsel is filed or the appearance of stand-in counsel is reflected on
a record maintained by the court or by the clerk of court. A stand-in
attorney from the same law firm, company, or governmental agency
as an attorney of record is not required to file a notice of stand-in
counsel.
(h) Attorney as Agent of Client. An attorney appearing in
an action or proceeding pursuant to subdivisions (e)(1)–(e)(6) is the
agent authorized to bind the client for purposes of the action,
hearing, or proceeding.
(i) Attorney of Record. An attorney appearing in an action
or proceeding pursuant to subdivisions (e)(1)–(e)(5) is an attorney of
record for the party for the matters specified.
(j) Law Student and Certified Legal Intern Participation.
Eligible law students shall be permitted to participate as provided
under the conditions of chapter 11 of the Rules Regulating The
Florida Bar as amended from time to time.
Court Commentary
1997 Amendment. Originally, the rule provided that the
follow-up filing had to occur within ten days. In the 1997
amendment to the rule, that requirement was modified to provide
that the follow-up filing must occur “immediately” after a document
is electronically filed. The “immediately thereafter” language is
consistent with language used in the rules of procedure where, in a
somewhat analogous situation, the filing of a document may occur
after service. See, e.g., Florida Rule of Civil Procedure 1.080(d) (“All
original papers shall be filed with the court either before service or
immediately thereafter.”) (emphasis added). “Immediately thereafter”
has been interpreted to mean “filed with reasonable promptness.”
Miami Transit Co. v. Ford, 155 So. 2d 360 (Fla. 1963).
The use of the words “other person” in this rule is not meant
to allow a nonlawyer to sign and file pleadings or other papers on
behalf of another. Such conduct would constitute the unauthorized
practice of law.
2003 Amendment. Rule Regulating the Florida Bar 4-1.12(c),
which addresses the imputed disqualification of a law firm, should
be looked to in conjunction with the rule 2.060(b) [renumbered as
2.505(b) in 2006] restriction on representation by a former judicial
staff attorney or law clerk.
RULE 2.510 cases. FOREIGN ATTORNEYS
(a) Eligibility. Upon filing a verified motion with the court,
an attorney who is an active member in good standing of the bar of
another state and currently eligible to practice law in a state other
than Florida may be permitted to appear in particular cases in a
Florida court upon such conditions as the court may deem
appropriate, provided that a member of The Florida Bar in good
standing is associated as an attorney of record. The foreign attorney
must make application in each court in which a case is filed even if
a lower tribunal granted a motion to appear in the same case. In
determining whether to permit a foreign attorney to appear
pursuant to this rule, the court may consider, among other things,
information provided under subdivision (b)(3) concerning discipline
in other jurisdictions. No attorney is authorized to appear pursuant
to this rule if the attorney (1) is a Florida resident, unless the
attorney has an application pending for admission to The Florida
Bar and has not previously been denied admission to The Florida
Bar; (2) is a member of The Florida Bar but is ineligible to practice
law; (3) has previously been disciplined or held in contempt by
reason of misconduct committed while engaged in representation
permitted pursuant to this rule provided, however, the contempt is
final and has not been reversed or abated; (4) has failed to provide
notice to The Florida Bar or pay the fees described in the Rules
Regulating The Florida Bar concerning non-Florida lawyers’
appearances in a Florida court; or (5) is engaged in a “general
practice” before Florida courts. For purposes of this rule, more than
3 appearances within a 365-day period in separate cases shall be
presumed to be a “general practice.” Appearances at different levels
of the court system in the same case shall be deemed 1 appearance
for the purposes of determining whether a foreign attorney has
made more than 3 appearances within a 365-day period. In cases
involving indigent or pro bono clients, the court may waive the fees
for good cause shown. This rule shall not affect the eligibility of a
foreign attorney to appear in a Florida court when authorized by
federal law.
(b) Contents of Verified Motion. A form verified motion
accompanies this rule and must be utilized by the foreign attorney.
Within 10 days of discovering any information which is different
than the representations made in the verified motion, the foreign
attorney must supplement the motion with the new information.
The supplemental information must be filed with the court and The
Florida Bar. The obligation to supplement the motion exists until
the motion is denied or the foreign attorney is no longer counsel in
the case. The verified motion required by subdivision (a) must
include:
(1) a statement identifying all jurisdictions in which the
attorney is an active member in good standing and currently eligible
to practice law, including all assigned bar numbers and attorney
numbers, for which a certificate of good standing is not required;
(2) a statement identifying by date, case name, and
case number all other matters in Florida state courts in which pro
hac vice admission has been sought in the preceding 5 years,
including any lower tribunals for the case in which the motion is
filed, and whether such admission was granted or denied;
(3) a statement identifying all jurisdictions in which a
judicial officer or the entity responsible for attorney regulation:
(A) initiated disciplinary, suspension, disbarment,
or contempt proceedings against the attorney in the preceding 5
years including the date on which the proceeding was initiated, the
nature of the alleged violation, and the result of the proceeding
including any sanction, or;
(B) disciplined, suspended, disbarred, or held in
contempt the attorney in the preceding 5 years including the date
on which the sanction was entered and the nature of the violation;
(4) a statement identifying the date on which the legal
representation at issue commenced, and the party or parties
represented;
(5) a statement that all applicable provisions of these
rules and the Rules Regulating The Florida Bar have been read, and
that the verified motion complies with those rules;
(6) the name, record bar address, and membership
status of the Florida Bar member or members associated for
purposes of the representation;
(7) a certificate indicating service of the verified motion
upon The Florida Bar and all counsel of record in the matter in
which leave to appear pro hac vice is sought and payment of the
fees described in the Rules Regulating The Florida Bar concerning
non-Florida lawyers appearances in a Florida court or notice that
the movant has requested a judicial waiver of said fees; and
(8) a verification by the attorney seeking to appear
pursuant to this rule and the signature of the Florida Bar member
or members associated for purposes of the representation.
IN THE _________ COURT OF
THE __________ JUDICIAL
CIRCUIT,
IN AND FOR _______________,
COUNTY, FLORIDA
Plaintiff
Case No. ..........
v. Division ..........
Defendant
VERIFIED MOTION FOR ADMISSION TO APPEAR PRO HAC
VICE
PURSUANT TO FLORIDA RULE OF GENERAL PRACTICE AND
JUDICIAL ADMINISTRATION 2.510
Comes now
, Movant herein, and respectfully represents the following:
1. [ ] Movant resides in ,.
(City) (State)
Movant is not a resident of the State of Florida.
[ ] Movant is a resident of the State of Florida and has an
application pending for admission to The Florida Bar and has not
previously been denied admission to The Florida Bar.
2. Movant is an attorney and a member of the law firm of (or
practices law under the name of)
, with offices at
, ,
(Street Address) (City)
, , , ,
(County) (State) (Zip Code) (Telephone)
3. Movant has been retained personally or as a member of
the above named law firm on by
(Date Representation Commenced) (Name of Party or
Parties)
to provide legal representation in connection with the above-styled
matter now pending before the above-named court of the State of
Florida.
4. Movant is an active member in good standing and
currently eligible to practice law in the following jurisdiction(s):
Include attorney or bar number(s). (Attach an additional sheet if
necessary.)
JURISDICTION ATTORNEY/BAR
NUMBER
5. A judicial officer or the entity responsible for attorney
regulation has neither initiated disciplinary, suspension,
disbarment or contempt proceedings or disciplined, suspended,
disbarred or held Movant in contempt in the preceding 5 years,
except as provided below (give jurisdiction of proceeding, date upon
which proceeding was initiated, nature of alleged violation,
statement of whether the proceeding has concluded or is still
pending, and sanction, if any, imposed): (Attach an additional sheet
if necessary.)
6. Movant, either by resignation, withdrawal, or otherwise,
never has terminated or attempted to terminate Movant’s office as
an attorney in order to avoid administrative, disciplinary,
disbarment, or suspension proceedings.
7. Movant is not an inactive member of The Florida Bar.
8. Movant is not now a member of The Florida Bar.
9. Movant is not a suspended member of The Florida Bar.
10. Movant is not a disbarred member of The Florida Bar nor
has Movant received a disciplinary resignation or disciplinary
revocation from The Florida Bar.
11. Movant has not previously been disciplined or held in
contempt by reason of misconduct committed while engaged in
representation pursuant to Florida Rule of General Practice and
Judicial Administration 2.510, except as provided below (give date
of disciplinary action or contempt, reasons therefor, and court
imposing contempt): (Attach an additional sheet if necessary.)
12. Movant has filed motion(s) to appear as counsel in
Florida state courts during the past five (5) years in the following
matters: (Attach an additional sheet if necessary.)
Date of Motion Case Name Case Number Court Date Motion
Granted/Denied
13. Local counsel of record associated with Movant in this
matter is _________________ who is an active member in good
standing of The Florida Bar
(Name and Florida Bar Number)
and has offices at , ,
,
(Street Address) (City) (County)
________________, .
(State) (Zip Code) (Telephone with area
code)
(If local counsel is not an active member of The Florida Bar in good
standing, please provide information as to local counsel’s
membership status.___________________________________)
14. Movant has read the applicable provisions of Florida Rule
of General Practice and Judicial Administration 2.510 and Rule 1-
3.10 of the Rules Regulating The Florida Bar and certifies that this
verified motion complies with those rules.
15. Movant agrees to comply with the provisions of the
Florida Rules of Professional Conduct and consents to the
jurisdiction of the courts and the Bar of the State of Florida.
WHEREFORE, Movant respectfully requests permission to
appear in this court for this cause only.
DATED this ___________ day of ___________________, 20____.
Movant
Address
Address
City, State, Zip Code
Telephone Number
E-mail Address
STATE OF ______________________
COUNTY OF ______________________
I, ________________________________, do hereby swear or affirm
under penalty of perjury that I am the Movant in the above-styled
matter; that I have read the foregoing Motion and know the
contents thereof, and the contents are true of my own knowledge
and belief.
Movant
I hereby consent to be associated as local counsel of record in
this cause pursuant to Florida Rule of General Practice and Judicial
Administration 2.510.
DATED this ___________ day of __________________________,
20____.
Local Counsel of Record
Address
Address
City, State, Zip Code
Telephone Number
Florida Bar Number
E-mail Address
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the
foregoing motion was served by mail to PHV Admissions, The
Florida Bar, 651 East Jefferson Street, Tallahassee, Florida 32399-
2333 and by (e-mail) (delivery) (mail) (fax) to (name of attorney or
party if not represented), and that the movant has paid the fees
described in the Rules Regulating The Florida Bar concerning non-
Florida lawyers appearances in a Florida court or has notified The
Florida Bar of movant’s request for a judicial waiver of said fees.
this ________ day of ______________________, 20____.
Movant
B. PRACTICE AND LITIGATION PROCEDURES
RULE 2.514 cases. COMPUTING AND EXTENDING TIME
(a) Computing Time. The following rules apply in
computing time periods specified in any rule of procedure, local
rule, court order, or statute that does not specify a method of
computing time.
(1) Period Stated in Days or a Longer Unit. When the
period is stated in days or a longer unit of time:
(A) begin counting from the next day that is not a
Saturday, Sunday, or legal holiday;
(B) count every day, including intermediate
Saturdays, Sundays, and legal holidays; and
(C) include the last day of the period, but if the
last day is a Saturday, Sunday, or legal holiday, or falls within any
period of time extended through an order of the chief justice under
Florida Rule of General Practice and Judicial Administration
2.205(a)(2)(B)(iv), the period continues to run until the end of the
next day that is not a Saturday, Sunday, or legal holiday and does
not fall within any period of time extended through an order of the
chief justice.
(2) Period Stated in Hours. When the period is stated in
hours
(A) begin counting immediately on the occurrence
of the event that triggers the period;
(B) count every hour, including hours during
intermediate Saturdays, Sundays, and legal holidays; and
(C) if the period would end on a Saturday,
Sunday, or legal holiday, or during any period of time extended
through an order of the chief justice under Florida Rule of General
Practice and Judicial Administration 2.205(a)(2)(B)(iv), the period
continues to run until the same time on the next day that is not a
Saturday, Sunday, or legal holiday and does not fall within any
period of time extended through an order of the chief justice.
(3) Period Stated in Days Less Than Seven Days. When
the period stated in days is less than 7 days, intermediate
Saturdays, Sundays, and legal holidays shall be excluded in the
computation.
(4) “Last Day” Defined. Unless a different time is set by
a statute, local rule, or court order, the last day ends
(A) for electronic filing or for service by any
means, at midnight; and
(B) for filing by other means, when the clerk’s
office is scheduled to close.
(5) “Next Day” Defined. The “next day” is determined by
continuing to count forward when the period is measured after an
event and backward when measured before an event.
(6) “Legal Holiday” Defined. “Legal holiday” means
(A) the day set aside by section 110.117, Florida
Statutes, for observing New Year’s Day, Martin Luther King, Jr.’s
Birthday, Memorial Day, Independence Day, Labor Day, Veterans’
Day, Thanksgiving Day, the Friday after Thanksgiving Day, or
Christmas Day, and
(B) any day observed as a holiday by the clerk’s
office or as designated by the chief judge.
(b) Additional Time after Service by Mail. When a party
may or must act within a specified time after service and service is
made by mail, 5 days are added after the period that would
otherwise expire under subdivision (a).
RULE 2.515 cases. SIGNATURE AND CERTIFICATES OF
ATTORNEYS AND PARTIES
(a) Attorney’s Signature and Certificates. Every document
of a party represented by an attorney must be signed by at least 1
attorney of record in that attorney’s individual name whose current
record Florida Bar address, telephone number, including area code,
primary e-mail address and secondary e-mail addresses, if any, and
Florida Bar number must be stated, and who must be duly licensed
to practice law in Florida or who must have received permission to
appear in the particular case as provided in rule 2.510. The
attorney may be required by the court to give the address and
primary e-mail address and secondary e-mail addresses, if any, of,
and to vouch for the attorney’s authority to represent, the party.
Except when otherwise specifically provided by an applicable rule or
statute, documents need not be verified or accompanied by
affidavit. The signature of an attorney shall constitute a certificate
by the attorney that:
(1) the attorney has read the document;
(2) to the best of the attorney’s knowledge, information,
and belief there is good ground to support the document;
(3) the document is not interposed for delay; and
(4) the document contains no confidential or sensitive
information, or that any such confidential or sensitive information
has been properly protected by complying with the provisions of
rules 2.420 and 2.425. If a document is not signed or is signed with
intent to defeat the purpose of this rule, it may be stricken and the
action may proceed as though the document had not been served.
(b) Pro Se Litigant Signature. A party who is not
represented by an attorney must sign any document and state the
party’s address; primary e-mail address and secondary e-mail
addresses, if any; and telephone number, including area code.
(c) Form of Signature.
(1) The signatures required on documents by
subdivisions (a) and (b) of this rule may be:
(A) original signatures;
(B) original signatures that have been reproduced
by electronic means, such as on electronically transmitted
documents or photocopied documents;
(C) an electronic signature indicator using the
“/s/,” “s/,” or “/s” [name] formats authorized by the person signing
a document electronically served or filed; or
(D) any other signature format authorized by
general law, so long as the clerk where the proceeding is pending
has the capability of receiving and has obtained approval from the
Supreme Court of Florida to accept pleadings and documents with
that signature format.
(2) By serving a document, or by filing a document by
electronic transmission using an attorney’s assigned electronic
filing credentials:
(A) that attorney certifies compliance with
subdivision (a)(1) through (a)(4) and accepts responsibility for the
document for all purposes under this rule;
(B) that attorney certifies compliance with all rules
of procedure regarding service of the document on attorneys and
parties;
(C) that attorney certifies that every person
identified as a signer in the document as described in subdivision
(c)(1)(C) has authorized such signature; and
(D) every signing attorney is as responsible for the
document as if that document had been served by such signing
attorney or filed using the assigned electronic filing credentials of
such signing attorney.
RULE 2.516 cases. SERVICE OF PLEADINGS AND DOCUMENTS
(a) Service; When Required. Unless the court otherwise
orders, or a statute or supreme court administrative order specifies
a different means of service, every pleading subsequent to the initial
pleading and every other document filed in any court proceeding,
except applications for witness subpoenas and documents served
by formal notice or required to be served in the manner provided for
service of formal notice, must be served in accordance with this rule
on each party. No service need be made on parties against whom a
default has been entered, except that pleadings asserting new or
additional claims against them must be served in the manner
provided for service of summons.
(b) Service; How Made. When service is required or
permitted to be made upon a party represented by an attorney,
service must be made upon the attorney unless service upon the
party is ordered by the court.
(1) Service by Electronic Mail (“e-mail”). All documents
required or permitted to be served on another party must be served
by e-mail, unless the parties otherwise stipulate or this rule
otherwise provides. A filer of an electronic document has complied
with this subdivision if the Florida Courts e-filing Portal (“Portal”) or
other authorized electronic filing system with a supreme court
approved electronic service system (“e-Service system”) served the
document by e-mail or provided a link by e-mail to the document on
a website maintained by a clerk (“e-Service”). The filer of an
electronic document must verify that the Portal or other e-Service
system uses the names and e-mail addresses provided by the
parties pursuant to subdivision (b)(1)(A).
(A) Service on Attorneys. Unless excused pursuant
to subdivision (b)(1)(B), upon appearing in a proceeding, an attorney
must designate a primary e-mail address and may designate no
more than two secondary e-mail addresses and is responsible for
the accuracy of and changes to that attorney’s own e-mail
addresses maintained by the Portal or other e-Service system.
Thereafter, service must be directed to all designated e-mail
addresses in that proceeding. Every document filed or served by an
attorney thereafter must include the primary e-mail address of that
attorney and any secondary e-mail addresses. If an attorney does
not designate any e-mail address for service, documents may be
served on that attorney at the e-mail address on record with The
Florida Bar.
(B) Exception to E-mail Service on Attorneys.
Upon motion by an attorney demonstrating that the attorney has no
e-mail account and lacks access to the Internet at the attorney’s
office, the court may excuse the attorney from the requirements of
e-mail service. Service on and by an attorney excused by the court
from e-mail service must be by the means provided in subdivision
(b)(2).
(C) Service on and by Parties Not Represented by
an Attorney. Unless excused pursuant to subdivision (b)(1)(D), any
party not represented by an attorney must serve a designation of a
primary e-mail address and also may designate no more than two
secondary e-mail addresses to which service must be directed in
that proceeding by the means provided in subdivision (b)(1) of this
rule.
(D) Exceptions to E-mail Service on and by Parties
Not Represented by an Attorney.
(i) A party who is in custody and who is not
represented by an attorney is excused from the requirements of e-
mail service.
(ii) The clerk of court must excuse a party who
is not represented by an attorney from the requirements of e-mail
service if the party declares on Florida Rule of General Practice and
Judicial Administration Form 2.601, under penalties of perjury,
that the party does not have an e-mail account or does not have
regular access to the Internet. The clerks of court shall make this
form available to the public at their offices and on their websites.
If a party not represented by an attorney is excused from e-mail
service, service on and by that party must be by the means
provided in subdivision (b)(2).
(E) Time of Service. Service by e-mail is complete
on the date it is sent.
(i) If, however, the e-mail is sent by the
Portal or other e-Service system, service is complete on the date the
served document is electronically filed.
(ii) If the person required to serve a
document learns that the e-mail was not received by an intended
recipient, the person must immediately resend the document to
that intended recipient by e-mail, or by a means authorized by
subdivision (b)(2) of this rule.
(F) Format of E-mail for Service. Service of a
document by e-mail is made by an e-mail sent to all addresses
designated by the attorney or party not represented by an attorney
with either (a) a copy of the document in PDF format attached or (b)
a link to the document on a website maintained by a clerk.
(i) All documents served by e-mail must be
sent by an e-mail message containing a subject line beginning with
the words “SERVICE OF COURT DOCUMENT” in all capital letters,
followed by the case number and case style of the proceeding in
which the documents are being served.
(ii) The body of the e-mail must identify the
court in which the proceeding is pending, the case number, the
name of the initial party on each side, the title of each document
served with that e-mail, and the name and telephone number of the
person required to serve the document.
(iii) Any document served by e-mail may be
signed by any of the “/s/,” “/s,” or “s/” formats.
(iv) Any e-mail which, together with its
attached documents, exceeds the appropriate size limitations
specified in the Florida Supreme Court Standards for Electronic
Access to the Court, must be divided and sent as separate e-mails,
no one of which may exceed the appropriate size limitations
specified in the Florida Supreme Court Standards for Electronic
Access to the Court and each of which must be sequentially
numbered in the subject line.
(2) Service by Other Means. In addition to, and not in
lieu of, service by e-mail, service may also be made upon attorneys
and parties not represented by an attorney by any of the means
specified in this subdivision. If a document is served by more than
one method of service, the computation of time for any response to
the served document must be based on the method of service that
provides the shortest response time. Service on and by all parties
who are not represented by an attorney and who are excused from
e-mail service, and on and by all attorneys excused from e-mail
service, must be made by delivering a copy of the document or by
mailing it to the party or attorney at their last known address or, if
no address is known, by noting the non-service in the certificate of
service, and stating in the certificate of service that a copy of the
served document may be obtained, on request, from the clerk of the
court or from the party serving the document. Service by mail is
complete upon mailing. Delivery of a copy within this rule is
complete upon:
(A) handing it to the attorney or to the party,
(B) leaving it at the attorney’s or party’s office with
a clerk or other person in charge thereof,
(C) if there is no one in charge, leaving it in a
conspicuous place therein,
(D) if the office is closed or the person to be served
has no office, leaving it at the person’s usual place of abode with
some person of his or her family above 15 years of age and
informing such person of the contents, or
(E) transmitting it by facsimile to the attorney’s or
party’s office with a cover sheet containing the sender’s name, firm,
address, telephone number, and facsimile number, and the number
of pages transmitted. When service is made by facsimile, a copy
must also be served by any other method permitted by this rule.
Facsimile service occurs when transmission is complete.
(F) Service by delivery is deemed complete on the
date of delivery.
(c) Service; Numerous Defendants. In actions when the
parties are unusually numerous, the court may regulate the service
contemplated by these rules on motion or on its own initiative in
such manner as may be found to be just and reasonable.
(d) Filing. All documents must be filed with the court either
before service or immediately thereafter, unless otherwise provided
for by general law or other rules. If the original of any bond or other
document required to be an original is not placed in the court file or
deposited with the clerk, a certified copy must be so placed by the
clerk.
(e) Filing Defined. The filing of documents with the court as
required by these rules must be made by filing them with the clerk
in accordance with rule 2.525, except that the judge may permit
documents to be filed with the judge, in which event the judge must
note the filing date before him or her on the documents and
transmit them to the clerk. The date of filing is that shown on the
face of the document by the judge’s notation or the clerk’s time
stamp, whichever is earlier.
(f) Certificate of Service. When any attorney certifies in
substance:
“I certify that the foregoing document has been furnished to
(here insert name or names, addresses used for service, and mailing
addresses) by (e-mail) (delivery) (mail) (fax) on ..... (date) …..
Attorney”
the certificate is taken as prima facie proof of such service in
compliance with this rule.
(g) Service by Clerk. When the clerk is required to serve
notices and other documents, the clerk may do so by e-mail as
provided in subdivision (b)(1) or by any other method permitted
under subdivision (b)(2). Service by a clerk is not required to be by
e-mail.
(h) Service of Orders.
(1) A copy of all orders or judgments must be
transmitted by the court or under its direction to all parties at the
time of entry of the order or judgment. No service need be made on
parties against whom a default has been entered except orders
setting an action for trial and final judgments that must be
prepared and served as provided in subdivision (h)(2). The court
may require that orders or judgments be prepared by a party, may
require the party to furnish the court with stamped, addressed
envelopes for service of the order or judgment, and may require that
proposed orders and judgments be furnished to all parties before
entry by the court of the order or judgment. The court may serve
any order or judgment by e-mail to all attorneys and parties not
represented by an attorney who have not been excused from e-mail
service.
(2) When a final judgment is entered against a party in
default, the court must mail a conformed copy of it to the party. The
party in whose favor the judgment is entered must furnish the court
with a copy of the judgment, unless it is prepared by the court, with
the address of the party to be served. If the address is unknown,
the copy need not be furnished.
(3) This subdivision is directory and a failure to comply
with it does not affect the order or judgment, its finality, or any
proceedings arising in the action.
RULE 2.520 cases. DOCUMENTS
(a) Electronic Filing Mandatory. All documents filed in any
court shall be filed by electronic transmission in accordance with
rule 2.525. “Documents” means pleadings, motions, petitions,
memoranda, briefs, notices, exhibits, declarations, affidavits,
orders, judgments, decrees, writs, opinions, and any paper or
writing submitted to a court.
(b) Type and Size. Documents subject to the exceptions set
forth in rule 2.525(d) shall be legibly typewritten or printed, on only
one side of letter sized (8 1/2 by 11 inch) white recycled paper with
one inch margins and consecutively numbered pages. For purposes
of this rule, paper is recycled if it contains a minimum content of 50
percent waste paper. Reduction of legal-size (8 1/2 by 14 inches)
documents to letter size (8 1/2 by 11 inches) is prohibited. All
documents filed by electronic transmission shall comply with rule
2.526 and be filed in a format capable of being electronically
searched and printed in a format consistent with the provisions of
this rule.
(c) Exhibits. Any exhibit or attachment to any document
may be filed in its original size.
(d) Recording Space and Space for Date and Time
Stamps.
(1) On all documents prepared and filed by the court or
by any party to a proceeding which are to be recorded in the public
records of any county, including but not limited to final money
judgments and notices of lis pendens, a 3-inch by 3-inch space at
the top right-hand corner on the first page and a 1-inch by 3-inch
space at the top right-hand corner on each subsequent page shall
be left blank and reserved for use by the clerk of court.
(2) On all documents filed with the court, a 1-inch
margin on all sides must be left blank for date and time stamps.
(A) Format. Date and time stamp formats must
include a single line detailing the name of the court or Portal and
shall not include clerk seals. Date stamps must be 8 numerical
digits separated by slashes with 2 digits for the month, 2 digits for
the date, and 4 digits for the year. Time stamps must be formatted
in 12 hour time frames with a.m. or p.m. included. The font size
and type must meet the Americans with Disabilities Act
requirements.
(B) Location. The Portal stamp shall be on the top
left of the document. The Florida Supreme Court and district courts
of appeal stamps shall be on the left margin horizontally. Any
administrative agency stamp shall be on the right margin
horizontally. The clerk’s stamp for circuit and county courts shall
be on the bottom of the document.
(C) Paper Filings. When a document is filed in
paper as authorized by rule, the clerk may stamp the paper
document in ink with the date and time of filing instead of, or in
addition to, placing the electronic stamp as described in subdivision
(B). The ink stamp on a paper document must be legible on the
electronic version of the document, and must neither obscure the
content or other date stamp, not occupy space otherwise reserved
by subdivision (B).
(e) Exceptions to Recording Space. Any documents
created by persons or entities over which the filing party has no
control, including but not limited to wills, codicils, trusts, or other
testamentary documents; documents prepared or executed by any
public officer; documents prepared, executed, acknowledged, or
proved outside of the State of Florida; or documents created by
State or Federal government agencies, may be filed without the
space required by this rule.
(f) Noncompliance. No clerk of court shall refuse to file any
document because of noncompliance with this rule. However, upon
request of the clerk of court, noncomplying documents shall be
resubmitted in accordance with this rule.
Court Commentary
1989 Adoption. Rule 2.055 [renumbered as 2.520 in 2006] is
new. This rule aligns Florida’s court system with the federal court
system and the court systems of the majority of our sister states by
requiring in subdivision (a) that all pleadings, motions, petitions,
briefs, notices, orders, judgments, decrees, opinions, or other
papers filed with any Florida court be submitted on paper
measuring 8 1/2 by 11 inches. Subdivision (e) provides a 1-year
transition period from the effective date of January 1, 1990, to
January 1, 1991, during which time filings that traditionally have
been accepted on legal-size paper will be accepted on either legal- or
letter-size paper. The 1-year transition period was provided to allow
for the depletion of inventories of legal-size paper and forms. The 1-
year transition period was not intended to affect compliance with
Florida Rule of Appellate Procedure 9.210(a)(1), which requires that
typewritten appellate briefs be filed on paper measuring 8 1/2 by 11
inches. Nor was it intended that the requirement of Florida Rule of
Appellate Procedure 9.210(a)(1) that printed briefs measure 6 by 9
inches be affected by the requirements of subdivision (a).
Subdivision (b), which recognizes an exception for exhibits or
attachments, is intended to apply to documents such as wills and
traffic citations which traditionally have not been generated on
letter-size paper.
Subdivision (c) was adopted to ensure that a 1 1/2 inch
square at the top right-hand corner of all filings is reserved for use
by the clerk of court. Subdivision (d) was adopted to ensure that all
papers and documents submitted for filing will be considered filed
on the date of submission regardless of paper size. Subdivision (d)
also ensures that after the 1-year transition period of subdivision
(e), filings that are not in compliance with the rule are resubmitted
on paper measuring 8 1/2 by 11 inches.
This rule is not intended to apply to those instruments and
documents presented to the clerk of the circuit court for recording
in the Official Records under section 28.222, Florida Statutes
(1987). It is also not intended to apply to matters submitted to the
clerk of the circuit court in the capacity as ex officio clerk of the
board of county commissioners pursuant to article VIII, section
(1)(d), Florida Constitution.
1996 Amendment. Subdivision (c) was amended to make the
blank space requirements for use by the clerk of the court
consistent with section 695.26, Florida Statutes (1995). Subdivision
(e) was eliminated because the transition period for letter-size and
recycled paper was no longer necessary.
RULE 2.525 cases. ELECTRONIC FILING
(a) Definition. “Electronic transmission of documents”
means the sending of information by electronic signals to, by or
from a court or clerk, which when received can be transformed and
stored or transmitted on paper, microfilm, magnetic storage device,
optical imaging system, CD-ROM, flash drive, other electronic data
storage system, server, case maintenance system (“CM”), electronic
court filing (“ECF”) system, statewide or local electronic portal (“e-
portal”), or other electronic record keeping system authorized by the
supreme court in a format sufficient to communicate the
information on the original document in a readable format.
Electronic transmission of documents includes electronic mail (“e-
mail”) and any internet-based transmission procedure, and may
include procedures allowing for documents to be signed or verified
by electronic means.
(b) Application. Only the electronic filing credentials of an
attorney who has signed a document may be used to file that
document by electronic transmission. Any court or clerk may accept
the electronic transmission of documents for filing and may send
documents by electronic transmission after the clerk, together with
input from the chief judge of the circuit, has obtained approval of
procedures, programs, and standards for electronic filing from the
supreme court (“ECF Procedures”). All ECF Procedures must
comply with the then-current e-filing standards, as promulgated by
the supreme court in Administrative Order No. AOSC09-30, or
subsequent administrative order.
(c) Documents Affected.
(1) All documents that are court records, as defined in
rule 2.430(a)(1), must be filed by electronic transmission provided
that:
(A) the clerk has the ability to accept and retain
such documents;
(B) the clerk or the chief judge of the circuit has
requested permission to accept documents filed by electronic
transmission; and
(C) the supreme court has entered an order
granting permission to the clerk to accept documents filed by
electronic transmission.
(2) The official court file is a set of electronic
documents stored in a computer system maintained by the clerk,
together with any supplemental non-electronic documents and
materials authorized by this rule. It consists of:
(A) documents filed by electronic transmission
under this rule;
(B) documents filed in paper form under
subdivision (d) that have been converted to electronic form by the
clerk;
(C) documents filed in paper form before the
effective date of this rule that have been converted to electronic
form by the clerk;
(D) documents filed in paper form before the
effective date of this rule or under subdivision (d) , unless such
documents are converted into electronic form by the clerk;
(E) electronic documents filed pursuant to
subdivision (d)(5); and
(F) materials and documents filed pursuant to any
rule, statute or court order that either cannot be converted into
electronic form or are required to be maintained in paper form.
(3) The documents in the official court file are deemed
originals for all purposes except as otherwise provided by statute or
rule.
(4) Any document in paper form submitted under
subdivision (d) is filed when it is received by the clerk or court and
the clerk shall immediately thereafter convert any filed paper
document to an electronic document. “Convert to an electronic
document” means optically capturing an image of a paper
document and using character recognition software to recover as
much of the document’s text as practicable and then indexing and
storing the document in the official court file.
(5) Any storage medium submitted under subdivision
(d)(5) is filed when received by the clerk or court and the clerk shall
immediately thereafter transfer the electronic documents from the
storage device to the official court file.
(6) If the filer of any paper document authorized under
subdivision (d) provides a self-addressed, postage-paid envelope for
return of the paper document after it is converted to electronic form
by the clerk, the clerk shall place the paper document in the
envelope and deposit it in the mail. Except when a paper document
is required to be maintained, the clerk may recycle any filed paper
document that is not to be returned to the filer.
(7) The clerk may convert any paper document filed
before the effective date of this rule to an electronic document.
Unless the clerk is required to maintain the paper document, if the
paper document has been converted to an electronic document by
the clerk, the paper document is no longer part of the official court
file and may be removed and recycled.
(d) Exceptions. Paper documents and other submissions
may be manually submitted to the clerk or court:
(1) when the clerk does not have the ability to accept
and retain documents by electronic filing or has not had ECF
Procedures approved by the supreme court;
(2) for filing by any self-represented party or any self-
represented nonparty unless specific ECF Procedures provide a
means to file documents electronically. However, any self-
represented nonparty that is a governmental or public agency and
any other agency, partnership, corporation, or business entity
acting on behalf of any governmental or public agency may file
documents by electronic transmission if such entity has the
capability of filing document electronically;
(3) for filing by attorneys excused from e-mail service in
accordance with rule 2.516(b);
(4) when submitting evidentiary exhibits or filing non-
documentary materials;
(5) when the filing involves documents in excess of the
appropriate size limitations specified in the Florida Supreme Court
Standards for Electronic Access to the Court. For such filings,
documents may be transmitted using an electronic storage medium
that the clerk has the ability to accept, which may include a CD-
ROM, flash drive, or similar storage medium;
(6) when filed in open court, as permitted by the court;
(7) when paper filing is permitted by any approved
statewide or local ECF procedures; and
(8) if any court determines that justice so requires.
(e) Service.
(1) Electronic transmission may be used by a court or
clerk for the service of all orders of whatever nature, pursuant to
rule 2.516(h), and for the service of any documents pursuant to any
ECF Procedures, provided the clerk, together with input from the
chief judge of the circuit, has obtained approval from the supreme
court of ECF Procedures containing the specific procedures and
program to be used in transmitting the orders and documents. All
other requirements for the service of such orders must be met.
(2) Any document electronically transmitted to a court
or clerk must also be served on all parties and interested persons in
accordance with the applicable rules of court.
(f) Administration.
(1) Any clerk who, after obtaining supreme court
approval, accepts for filing documents that have been electronically
transmitted must:
(A) provide electronic or telephonic access to its
equipment, whether through an e-portal or otherwise, during
regular business hours, and all other times as practically feasible;
(B) accept electronic transmission of the
appropriate size limitations specified in the Florida Supreme Court
Standards for Electronic Access to the Court; and
(C) accept filings in excess of the appropriate size
limitations specified in the Florida Supreme Court Standards for
Electronic Access to the Court by electronic storage device or
system, which may include a CD-ROM, flash drive, or similar
storage system.
(2) All attorneys, parties, or other persons using this
rule to file documents are required to make arrangements with the
court or clerk for the payment of any charges authorized by general
law or the supreme court before filing any document by electronic
transmission.
(3) The filing date for an electronically transmitted
document is the date and time that such filing is acknowledged by
an electronic stamp or otherwise, pursuant to any procedure set
forth in any ECF Procedures approved by the supreme court, or the
date the last page of such filing is received by the court or clerk.
(4) Any court or clerk may extend the hours of access
or increase the page or size limitations set forth in this subdivision.
(g) Accessibility. All documents transmitted in any
electronic form under this rule must comply with the accessibility
requirements of Florida Rule of Judicial Administration 2.526.
Court Commentary
1997 Amendment. Originally, the rule provided that the
follow-up filing had to occur within ten days. In the 1997
amendment to the rule, that requirement was modified to provide
that the follow-up filing must occur “immediately” after a document
is electronically filed. The “immediately thereafter” language is
consistent with language used in the rules of procedure where, in a
somewhat analogous situation, the filing of a document may occur
after service. See, e.g., Florida Rule of Civil Procedure 1.080(d) (“All
original papers shall be filed with the court either before service or
immediately thereafter.”) (emphasis added). “Immediately thereafter”
has been interpreted to mean “filed with reasonable promptness.”
Miami Transit Co. v. Ford, 155 So.2d 360 (Fla.1963).
The use of the words “other person” in this rule is not meant
to allow a nonlawyer to sign and file pleadings or other papers on
behalf of another. Such conduct would constitute the unauthorized
practice of law.
RULE 2.526 cases. ACCESSIBILITY OF INFORMATION AND
TECHNOLOGY
Any document that is or will become a judicial branch record,
as defined in rule 2.420(b)(1), and that is transmitted in an
electronic form, as defined in rule 2.525, must be formatted in a
manner that complies with all state and federal laws requiring that
electronic judicial records be accessible to persons with disabilities,
including without limitation the Americans with Disabilities Act and
Section 508 of the federal Rehabilitation Act of 1973 as
incorporated into Florida law by section 282.603(1), Florida
Statutes (2010), and any related federal or state regulations or
administrative rules.
RULE 2.530 cases. COMMUNICATION TECHNOLOGY
(a) Definitions. The following definitions apply to this rule:
(1) “Audio communication technology” means electronic
devices, systems, applications, or platforms that permit all
participants to hear and speak to all other participants in real time.
(2) “Audio-video communication technology” means
electronic devices, systems, applications, or platforms that permit
all participants to hear, see, and speak to all other participants in
real time.
(3) “Communication technology” means audio
communication technology or audio-video communication
technology.
(4) “Court official” means a county or circuit court
judge, general magistrate, special magistrate, or hearing officer.
(b) Generally. Unless governed by another rule of procedure
or general law and with the exception of civil proceedings for
involuntary commitment pursuant to section 394.467, Florida
Statutes, communication technology may be used for all
proceedings before a court official, as provided by this rule. Subject
to subdivision (b)(1) or (b)(2), if applicable, a court official may
authorize the use of communication technology for the presentation
of testimony or for other participation in a proceeding upon the
written motion of a party or at the discretion of the court official.
Reasonable advance notice of the specific form of communication
technology to be used and directions for access to the
communication technology must be provided in the written motion
or in a written notice from the court official exercising discretion.
The motion or notice must be served on all who are entitled to
notice of the proceeding. A party may file an objection in writing to
the use of communication technology within 10 days after service of
the motion or notice or within such other period as may be directed
by the court official. A party waives objections to the use of
communication technology by failing to timely object to the motion
or notice unless, before the date of the proceeding, the party
establishes good cause for the failure to timely object. A courtesy
copy of the written motion or objection must be provided to the
court official in an electronic or a paper format as directed by the
court official. The court official must consider any objection before
authorizing the use of communication technology. The decision to
authorize the use of communication technology over objection shall
be in the discretion of the court official.
(1) Non-Evidentiary Proceedings. A court official must
grant a motion to use communication technology for a non-
evidentiary proceeding scheduled for 30 minutes or less unless the
court official determines that good cause exists to deny the motion.
(2) Testimony.
(A) Procedure. A written motion by a party to
present testimony through communication technology must set
forth good cause why the testimony should be allowed in the
specific form requested and must specify whether each party
consents to the form requested. In determining whether good cause
exists, the court official may consider, without limitation, the
technological capabilities of the courtroom, how the presentation of
testimony through communication technology advances the
proceeding or case to resolution, the consent of the parties, the
time-sensitivity of the matter, the nature of the relief sought and the
amount in controversy in the case, the resources of the parties, the
anticipated duration of the testimony, the need and ability to review
and identify documents during testimony, the probative value of the
testimony, the geographic location of the witness, the cost and
inconvenience in requiring the physical presence of the witness, the
need to observe the demeanor of the witness, the potential for
unfair surprise, and any other matter relevant to the request.
(B) Administration of the Oath. Before testimony
may be presented through communication technology, the oath
must be administered to the witness as provided in this
subdivision.
(i) Persons Administering the Oath is
Physically Present with the Witness. An oath may be administered
to a witness testifying through communication technology by a
person who is physically present with the witness if the person is
authorized to administer oaths in the witness’s jurisdiction and the
oath is administered consistent with the laws of that jurisdiction.
(ii) Person Administering the Oath is not
Physically Present with the Witness. An oath may be administered
to a witness testifying through audio-video communication
technology by a person who is not physically present with the
witness if the person is authorized to administer oaths in the State
of Florida and the oath is administered through audio-video
communication technology in a manner consistent with the general
laws of the State of Florida. If the witness is not located in the State
of Florida, the witness must consent to be bound by an oath
administered under the general laws of the State of Florida.
(C) Limitation on the Form of Communication
Technology Used. If the use of communication technology is
authorized under this rule for a proceeding in which the mental
capacity or competency of a person is at issue, only audio-video
communication technology may be used for the presentation of
testimony by that person.
(c) Use by Jurors. At the discretion of a chief judge, an
administrative judge, or a county or circuit court judge, prospective
jurors may participate, prior to the beginning of voir dire, through
communication technology in a court proceeding to determine
whether the prospective jurors will be disqualified, be excused, or
have their jury duty postponed. If authorized by another rule of
procedure, prospective jurors may participate in voir dire and
empaneled jurors may participate in a trial through audio-video
communication technology.
(d) Burden of Expense. Unless otherwise directed by the
court, the cost for the use of audio-video communication technology
is the responsibility of the requesting party, subject to allocation or
taxation as costs.
(e) Override of Family Violence Indicator. Communication
technology may be used for a hearing on a petition to override a
family violence indicator under Florida Family Law Rule of
Procedure 12.650.
RULE 2.533 cases. OATHS AND AFFIRMATIONS IN COURT
Oaths and affirmations to jurors and witnesses in court may
be administered by or before:
(a) any judge, clerk, or deputy clerk of any court within this
state; or
(b) any person authorized to administer oaths in the State of
Florida.
RULE 2.535 cases. COURT REPORTING
(a) Definitions.
(1) “Approved court reporter” means a court employee
or contractor who performs court reporting services, including
transcription, at public expense and who meets the court’s
certification, training, and other qualifications for court reporting.
(2) “Approved transcriptionist” means a court
employee, contractor, or other individual who performs
transcription services at public expense and who meets the court’s
certification, training, and other qualifications for transcribing
proceedings.
(3) “Civil court reporter” means a court reporter who
performs court reporting services in civil proceedings not required
to be reported at public expense, and who meets the court’s
certification, training, and other qualifications for court reporting.
(4) “Court reporting” means the act of making a
verbatim record of the spoken word, whether by the use of written
symbols, stenomask equipment, stenographic equipment, or
electronic devices, in any proceedings pending in any of the courts
of this state, including all discovery proceedings conducted in
connection therewith, any proceedings reported for the court’s own
use, and all proceedings required by statute to be reported by an
approved court reporter or civil court reporter. It does not mean the
act of taking witness statements not intended for use in court as
substantive evidence.
(5) “Electronic record” means the audio, analog, digital,
or video record of a court proceeding.
(6) “Official record” means the transcript, which is the
written or electronically stored record of court proceedings and
depositions prepared in accordance with the requirements of
subdivision (f).
(b) When Court Reporting Required. Any proceeding shall
be reported on the request of any party. The party so requesting
shall pay the reporting fees, but this requirement shall not preclude
the taxation of costs as authorized by law.
(c) Record. When trial proceedings are being reported, no
part of the proceedings shall be omitted unless all of the parties
agree to do so and the court approves the agreement. When a
deposition is being reported, no part of the proceedings shall be
omitted unless all of the parties and the witness so agree. When a
party or a witness seeks to terminate or suspend the taking of a
deposition for the time necessary to seek a court order, the court
reporter shall discontinue reporting the testimony of the witness.
(d) Ownership of Records. The chief judge of the circuit in
which a proceeding is pending, in his or her official capacity, is the
owner of all records and electronic records made by an official court
reporter or quasi-judicial officer in proceedings required to be
reported at public expense and proceedings reported for the court’s
own use.
(e) Fees. The chief judge shall have the discretion to adopt
an administrative order establishing maximum fees for court
reporting services. Any such order must make a specific factual
finding that the setting of such maximum fees is necessary to
ensure access to the courts. Such finding shall include
consideration of the number of court reporters in the county or
circuit, any past history of fee schedules, and any other relevant
factors.
(f) Transcripts. Transcripts of all judicial proceedings,
including depositions, shall be uniform in and for all courts
throughout the state and shall be stored in an electronic format
sufficient to communicate the information contained in proceedings
in a readable format, and capable of being transmitted electronically
as set forth in rule 2.525. Any transcripts stored in electronic form
must be capable of being printed in accordance with this rule. The
form, size, spacing, and method of printing transcripts are as
follows:
(1) All proceedings shall be printed on paper 8 1/2
inches by 11 inches in size and bound on the left.
(2) There shall be no fewer than 25 printed lines per
page with all lines numbered 1 through 25, respectively, and with
no more than a double space between lines.
(3) Font size or print shall be 9 or 10 pica, 12-point
courier, or 12-point Times New Roman print with no less than 56
characters per line on questions and answers unless the text of the
speaker ends short of marginal requirements.
(4) Colloquy material shall begin on the same line
following the identification of the speaker, with no more than 2
spaces between the identification of the speaker and the
commencement of the colloquy. The identification of the speaker in
colloquy shall begin no more than 10 spaces from the left margin,
and carry-over colloquy shall be indented no more than 5 spaces
from the left margin.
(5) Each question and answer shall begin on a separate
line no more than 5 spaces from the left margin with no more than
5 spaces from the “Q” or “A” to the text. Carry-over question and
answer lines shall be brought to the left margin.
(6) Quoted material shall begin no more than 10 spaces
from the left margin with carry-over lines beginning no more than
10 spaces from the left margin.
(7) Indentations of no more than 10 spaces may be
used for paragraphs, and all spaces on a line as herein provided
shall be used unless the text of the speaker ends short of marginal
requirements.
(8) One-line parentheticals may begin at any
indentation. Parentheticals exceeding 1 line shall begin no more
than 10 spaces from the left margin, with carry-over lines being
returned to the left margin.
(9) Individual volumes of a transcript, including
depositions, shall be no more than 200 pages in length, inclusive of
the index.
(10) Deviation from these standards shall not constitute
grounds for limiting use of transcripts in the trial or appellate
courts.
(g) Officers of the Court. Approved court reporters, civil
court reporters, and approved transcriptionists are officers of the
court for all purposes while acting as court reporters in judicial
proceedings or discovery proceedings or as transcriptionists.
Approved court reporters, civil court reporters, and approved
transcriptionists shall comply with all rules and statutes governing
the proceeding that are applicable to court reporters and approved
transcriptionists.
(h) Court Reporting Services at Public Expense.
(1) When Reporting Is Required. All proceedings
required by law, court rule, or administrative order to be reported
shall be reported at public expense.
(2) When Reporting May Be Required. Proceedings
reported for the court’s own use may be reported at public expense.
(3) Circuit Plan. The chief judge, after consultation with
the circuit court and county court judges in the circuit, shall enter
an administrative order developing and implementing a circuit-wide
plan for the court reporting of all proceedings required to be
reported at public expense using either full or part time court
employees or independent contractors. The plan shall ensure that
all court reporting services are provided by approved court reporters
or approved transcriptionists. This plan may provide for multiple
service delivery strategies if they are necessary to ensure the
efficient provision of court reporting services. Each circuit’s plan for
court reporting services shall be developed after consideration of
guidelines issued by the Office of the State Courts Administrator.
(4) Electronic Recording and Transcription of
Proceedings Without Court Reporters. A chief judge may enter a
circuit-wide administrative order, which shall be recorded,
authorizing the electronic recording and subsequent transcription
by approved court reporters or approved transcriptionists, of any
judicial proceedings, including depositions, that are otherwise
required to be reported by a court reporter. Appropriate procedures
shall be prescribed in the order which shall:
(A) set forth responsibilities for the court’s support
personnel to ensure a reliable record of the proceedings;
(B) provide a means to have the recording
transcribed by approved court reporters or approved
transcriptionists, either in whole or in part, when necessary for an
appeal or for further use in the trial court; and
(C) provide for the safekeeping of such recordings.
(5) Safeguarding Confidential Communications When
Electronic Recording Equipment Is Used in the Courtroom.
(A) Court personnel shall provide notice to
participants in a courtroom proceeding that electronic recording
equipment is in use and that they should safeguard information
they do not want recorded.
(B) Attorneys shall take all reasonable and
available precautions to protect disclosure of confidential
communications in the courtroom. Such precautions may include
muting microphones or going to a designated location that is
inaccessible to the recording equipment.
(C) Participants have a duty to protect confidential
information.
(6) Grand Jury Proceedings. Testimony in grand jury
proceedings shall be reported by an approved court reporter, but
shall not be transcribed unless required by order of court. Other
parts of grand jury proceedings, including deliberations and voting,
shall not be reported. The approved court reporter’s work product,
including stenographic notes, electronic recordings, and
transcripts, shall be filed with the clerk of the court under seal.
(i) Court Reporting Services in Capital Cases. The chief
judge, after consultation with the circuit court judges in the circuit,
shall enter an administrative order developing and implementing a
circuit-wide plan for court reporting in all trials in which the state
seeks the death penalty and in capital postconviction proceedings.
The plan shall prohibit the use of digital court reporting as the
court reporting system and shall require the use of all measures
necessary to expedite the preparation of the transcript, including
but not limited to:
(1) where available, the use of an approved court
reporter who has the capacity to provide real-time transcription of
the proceedings;
(2) if real-time transcription services are not available,
the use of a computer-aided transcription qualified court reporter;
(3) the use of scopists, text editors, alternating court
reporters, or other means to expedite the finalization of the certified
transcript; and
(4) the imposition of reasonable restrictions on work
assignments by employee or contract approved court reporters to
ensure that transcript production in capital cases is given a
priority.
(j) Juvenile Dependency and Termination of Parental
Rights Cases. Transcription of hearings for appeals of orders in
juvenile dependency and termination of parental rights cases shall
be given priority, consistent with rule 2.215(g), over transcription of
all other proceedings, unless otherwise ordered by the court based
upon a demonstrated exigency.
Committee Note
The definitions of “electronic record” in subdivision (a)(5) and
of “official record” in subdivision (a)(6) are intended to clarify that
when a court proceeding is electronically recorded by means of
audio, analog, digital, or video equipment, and is also recorded via a
written transcript prepared by a court reporter, the written
transcript shall be the “official record” of the proceeding to the
exclusion of all electronic records. While the term “record” is used
within Rule 2.535 and within Fla. R. App. P. 9.200, it has a
different meaning within the unique context of each rule.
Accordingly, the meaning of the term “record” as defined for
purposes of this rule does not in any way alter, amend, change, or
conflict with the meaning of the term “record” as defined for
appellate purposes in Fla. R. App. P. 9.200(a).
RULE 2.540 cases. REQUESTS FOR ACCOMMODATIONS BY
PERSONS WITH DISABILITIES
(a) Duties of Court. Qualified individuals with a disability
will be provided, at the court’s expense, with accommodations,
reasonable modifications to rules, policies, or practices, or the
provision of auxiliary aids and services, in order to participate in
programs or activities provided by the courts of this state. The court
may deny a request only in accordance with subdivision (e).
(b) Definitions. The definitions encompassed in Title II of
the Americans with Disabilities Act of 1990, as amended by the
ADA Amendments Act of 2008 (Pub. L. 110-325, 122 Stat. 355
(2008)), 42 U.S.C. § 12101, et seq. and its implementing
regulations, 28 C.F.R. § 35.101 et seq., are incorporated into this
rule.
(c) Notice Requirement.
(1) All notices of court proceedings to be held in a
public facility, and all process compelling appearance at such
proceedings, shall include the following statement in bold face, 14-
point Times New Roman or Courier font:
“If you are a person with a disability who needs any accommodation
in order to participate in this proceeding, you are entitled, at no
cost to you, to the provision of certain assistance. Please contact
[identify applicable court personnel by name, address, and
telephone number] at least 7 days before your scheduled court
appearance, or immediately upon receiving this notification if the
time before the scheduled appearance is less than 7 days; if you are
hearing or voice impaired, call 711.”
(2) Each trial and appellate court shall post on its
respective website and in each court facility the procedures for
obtaining an accommodation as well as the grievance procedure
adopted by that court.
(d) Process for Requesting Accommodations. The process
for requesting accommodations is as follows:
(1) Requests for accommodations under this rule may
be presented on a form approved or substantially similar to one
approved by the Office of the State Courts Administrator, in another
written format, or orally. Requests must be forwarded to the ADA
coordinator, or designee, within the time frame provided in
subdivision (d)(3).
(2) Requests for accommodations must include a
description of the accommodation sought, along with a statement of
the impairment that necessitates the accommodation and the
duration that the accommodation is to be provided. Requests for
accommodation shall not include any information regarding the
merits of the case.
(3) If applicable to a court proceeding, the ADA
coordinator, or designee, shall advise the judge or the judge’s staff
of the request and proposed accommodation. The court, in its
discretion, may require the individual with a disability to provide
additional information about the impairment if the proposed
accommodation may present a fundamental alteration in the court
proceeding.
(4) Requests for accommodations must be made at
least 7 days before the scheduled court appearance, or immediately
upon receiving notification if the time before the scheduled court
appearance is less than 7 days. The court may, in its discretion,
waive this requirement.
(e) Response to Accommodation Request. The court must
respond to a request for accommodation as follows:
(1) The court must consider, but is not limited by, the
provisions of the Americans with Disabilities Act of 1990 in
determining whether to provide an accommodation or an
appropriate alternative accommodation.
(2) The court must inform the individual with a
disability of the following:
(A) That the request for accommodation is granted
or denied, in whole or in part, and if the request for accommodation
is denied, the reason therefor; or that an alternative accommodation
is granted;
(B) The nature of the accommodation to be
provided, if any; and
(C) The duration of the accommodation to be
provided.
If the request for accommodation is granted in its entirety, the
court shall respond to the individual with a disability by any
appropriate method. If the request is denied or granted only in
part, or if an alternative accommodation is granted, the court must
respond to the individual with a disability in writing, as may be
appropriate, and if applicable, in an alternative format.
(3) If the court determines that a person is a qualified
person with a disability and an accommodation is needed, a request
for accommodation may be denied only when the court determines
that the requested accommodation would create an undue financial
or administrative burden on the court or would fundamentally alter
the nature of the service, program, or activity.
(f) Grievance Procedure.
(1) Each judicial circuit and appellate court shall
establish and publish grievance procedures that allow for the
resolution of complaints. Those procedures may be used by anyone
who wishes to file a complaint alleging discrimination on the basis
of disability in the provision of services, activities, programs, or
benefits by the Florida State Courts System.
(2) If such grievance involves a matter that may affect
the orderly administration of justice, it is within the discretion of
the presiding judge to stay the proceeding and seek expedited
resolution of the grievance.
(g) Use of Service Animals.
(1) “Service animals” means any dog or miniature horse
that is individually trained to do work or perform tasks for the
benefit of an individual with a disability, including a physical,
sensory, psychiatric, intellectual, or other mental disability. The
work or tasks performed by a service animal must be directly
related to the individual’s disability. This definition excludes
animals that provide crime deterrence or emotional support, well-
being, comfort, or companionship.
(2) The court shall allow the use of a service animal by
an individual with a disability in facilities of the courts and when
participating in all programs or activities provided by the courts, as
provided in and subject to the requirements of the ADA and Florida
law.
(3) Subject to the requirements of the ADA, an
individual seeking to use a service animal in a scheduled court
appearance should notify the court in advance pursuant to the
procedures in subdivision (d). The failure to give advance
notification shall not preclude the use of a service animal where
otherwise permissible under this rule.
(h) Use of Emotional Support Animals.
(1) “Emotional support animal” means a companion
animal that provides needed emotional support, well-being, or
comfort to an individual in the forms of affection and
companionship. Emotional support animals are not trained to do
any specific work or tasks for the benefit of an individual.
(2) The court may permit an individual the use of and
accompaniment of an emotional support animal when participating
in programs, services, or activities provided by the courts of this
state.
(3) An individual seeking to use an emotional support
animal in a scheduled court appearance must notify the court in
advance pursuant to the procedures in subdivision (d).
RULE 2.545 cases. CASE MANAGEMENT
(a) Purpose. Judges and lawyers have a professional
obligation to conclude litigation as soon as it is reasonably and
justly possible to do so. However, parties and counsel shall be
afforded a reasonable time to prepare and present their case.
(b) Case Control. The trial judge shall take charge of all
cases at an early stage in the litigation and shall control the
progress of the case thereafter until the case is determined. The
trial judge shall take specific steps to monitor and control the pace
of litigation, including the following:
(1) assuming early and continuous control of the court
calendar;
(2) identifying priority cases as assigned by statute,
rule of procedure, case law, or otherwise;
(3) implementing such docket control policies as may
be necessary to advance priority cases to ensure prompt resolution;
(4) identifying cases subject to alternative dispute
resolution processes;
(5) developing rational and effective trial setting
policies; and
(6) advancing the trial setting of priority cases, older
cases, and cases of greater urgency.
(c) Priority Cases.
(1) In all noncriminal cases assigned a priority status
by statute, rule of procedure, case law, or otherwise, any party may
file a notice of priority status explaining the nature of the case, the
source of the priority status, any deadlines imposed by law on any
aspect of the case, and any unusual factors that may bear on
meeting the imposed deadlines.
(2) If, in any noncriminal case assigned a priority
status by statute, rule of procedure, case law, or otherwise, a party
is of the good faith opinion that the case has not been appropriately
advanced on the docket or has not received priority in scheduling
consistent with its priority case status, that party may seek review
of such action by motion for review to the chief judge or to the chief
judge’s designee. The filing of such a motion for review will not toll
the time for seeking such other relief as may be afforded by the
Florida Rules of Appellate Procedure.
(d) Related Cases.
(1) The petitioner in a family case as defined in this
rule shall file with the court a notice of related cases in conformity
with family law form 12.900(h), if related cases are known or
reasonably ascertainable. A case is related when:
(A) it involves any of the same parties, children, or
issues and it is pending at the time the party files a family case; or
(B) it affects the court’s jurisdiction to proceed; or
(C) an order in the related case may conflict with
an order on the same issues in the new case; or
(D) an order in the new case may conflict with an
order in the earlier litigation.
(2) “Family cases” include dissolution of marriage,
annulment, support unconnected with dissolution of marriage,
paternity, child support, UIFSA, custodial care of and access to
children, proceedings for temporary or concurrent custody of minor
children by extended family, adoption, name change, declaratory
judgment actions related to premarital, martial [marital], or
postmarital agreements, civil domestic, repeat violence, dating
violence, stalking, and sexual violence injunctions, juvenile
dependency, termination of parental rights, juvenile delinquency,
emancipation of a minor, CINS/FINS, truancy, and modification
and enforcement of orders entered in these cases.
(3) The notice of related cases shall identify the caption
and case number of the related case, contain a brief statement of
the relationship of the actions, and contain a statement addressing
whether assignment to one judge or another method of coordination
will conserve judicial resources and promote an efficient
determination of the actions.
(4) The notice of related cases shall be filed with the
initial pleading by the filing attorney or self-represented petitioner.
The notice shall be filed in each of the related cases that are
currently open and pending with the court and served on all other
parties in each of the related cases, and as may be directed by the
chief judge or designee. Parties may file joint notices. A notice of
related cases filed pursuant to this rule is not an appearance. If any
related case is confidential and exempt from public access by law,
then a Notice of Confidential Information Within Court Filing as
required by Florida Rule of General Practice and Judicial
Administration 2.420 shall accompany the notice. Parties shall file
supplemental notices as related cases become known or reasonably
ascertainable.
(5) Each party has a continuing duty to inform the
court of any proceedings in this or any other state that could affect
the current proceeding.
(6) Whenever it appears to a party that two or more
pending cases present common issues of fact and that assignment
to one judge or another method of coordination will significantly
promote the efficient administration of justice, conserve judicial
resources, avoid inconsistent results, or prevent multiple court
appearances by the same parties on the same issues, the party may
file a notice of related cases requesting coordination of the litigation.
(e) Continuances. All judges shall apply a firm continuance
policy. Continuances should be few, good cause should be required,
and all requests should be heard and resolved by a judge. All
motions for continuance shall be in writing unless made at a trial
and, except for good cause shown, shall be signed by the party
requesting the continuance. All motions for continuance in priority
cases shall clearly identify such priority status and explain what
effect the motion will have on the progress of the case.
Committee Notes
The provisions in subdivision (c) of this rule governing priority
cases should be read in conjunction with the provisions of rule
2.215(g), governing the duty to expedite priority cases.
RULE 2.550 cases. CALENDAR CONFLICTS
(a) Guidelines. In resolving calendar conflicts between the
state courts of Florida or between a state court and a federal court
in Florida, the following guidelines must be considered:
(1) Any case priority status established by statute, rule
of procedure, case law, or otherwise shall be evaluated to determine
the effect that resolving a calendar conflict might have on the
priority case or cases.
(2) Juvenile dependency and termination of parental
rights cases are generally to be given preference over other cases,
except for speedy trial and capital cases.
(3) Criminal cases are generally to be given preference
over civil cases.
(4) Jury trials are generally to be given preference over
non-jury trials.
(5) Appellate arguments, hearings, and conferences are
generally to be given preference over trial court proceedings.
(6) The case in which the trial date has been first set
generally should take precedence.
(b) Additional Circumstances. Factors such as cost,
numbers of witnesses and attorneys involved, travel, length of trial,
age of case, and other relevant matters may warrant deviation from
these case guidelines.
(c) Notice and Agreement; Resolution by Judges. When
an attorney is scheduled to appear in 2 courts at the same time and
cannot arrange for other counsel to represent the clients’ interests,
the attorney shall give prompt written notice of the conflict to
opposing counsel, the clerk of each court, and the presiding judge
of each case, if known. If the presiding judge of the case cannot be
identified, written notice of the conflict shall be given to the chief
judge of the court having jurisdiction over the case, or to the chief
judge’s designee. The judges or their designees shall confer and
undertake to avoid the conflict by agreement among themselves.
Absent agreement, conflicts should be promptly resolved by the
judges or their designees in accordance with the above case
guidelines.
Committee Notes
1996 Adoption. The adoption of this rule was prompted by
the Resolution of the Florida State-Federal Judicial Council
Regarding Calendar Conflicts Between State and Federal Courts,
which states as follows:
WHEREAS, the great volume of cases filed in the state and
federal courts of Florida creates calendar conflicts between the state
and federal courts of Florida which should be resolved in a fair,
efficient and orderly manner to allow for judicial efficiency and
economy; and
WHEREAS, the Florida State-Federal Judicial Council which
represents the Bench and Bar of the State of Florida believes that it
would be beneficial to formally agree upon and publish
recommended procedures and priorities for resolving calendar
conflicts between the state and federal courts of Florida;
NOW, THEREFORE, BE IT RESOLVED
In resolving calendar conflicts between the state and federal
courts of Florida, the following case priorities should be considered:
1. Criminal cases should prevail over civil cases.
2. Jury trials should prevail over non-jury trials.
3. Appellate arguments, hearings, and conferences should
prevail over trials.
4. The case in which the trial date has been first set should
take precedence.
5. Circumstances such as cost, numbers of witnesses and
attorneys involved, travel, length of trial, age of case and other
relevant matters may warrant deviation from this policy. Such
matters are encouraged to be resolved through communication
between the courts involved.
Where an attorney is scheduled to appear in two courts — trial
or appellate, state or federal — at the same time and cannot
arrange for other counsel in his or her firm or in the case to
represent his or her client’s interest, the attorney shall give prompt
written notice to opposing counsel, the clerk of each court, and the
presiding judge of each case, if known, of the conflict. If the
presiding judge of a case cannot be identified, written notice of the
conflict shall be given to the chief judge of the court having
jurisdiction over the case, or to his or her designee. The judges or
their designees shall confer and undertake to avoid the conflict by
agreement among themselves. Absent agreement, conflicts should
be promptly resolved by the judges or their designees in accordance
with the above case priorities.
In jurisdictions where calendar conflicts arise with frequency,
it is recommended that each court involved consider appointing a
calendar conflict coordinator to assist the judges in resolving
calendar conflicts by obtaining information regarding the conflicts
and performing such other ministerial duties as directed by the
judges.
REVISED AND READOPTED at Miami, Florida, this 13th day
of January, 1995
Court Commentary
2002 Court Commentary. As provided in subdivision (c),
when a scheduling conflict involves different courts, the presiding
judges should confer and undertake to agree on a resolution, using
the guidelines provided in this rule.
RULE 2.555 cases. INITIATION OF CRIMINAL PROCEEDINGS
(a) Major Statutory Offense. Law enforcement officers, at
the time of the filing of a complaint with the clerk of court, shall
designate whether the most serious charge on the complaint is a
felony or a misdemeanor. The state attorney or the state attorney’s
designee, at the time of the filing of an original information or an
original indictment with the clerk of court, shall designate whether
the most serious offense on the information or the indictment is a
felony or misdemeanor. Complaints, original informations, and
original indictments on which the most serious charge is a felony
shall be filed with the clerk of the circuit court.
(b) Ordinance Violations. In cases when the state attorney
has the responsibility for the prosecution of county or municipal
ordinance violations, where such ordinances have state statutory
equivalents, the state attorney or the state attorney’s designee shall
set forth at the top of the face of the accusatory instrument the
exact statute number of the single most serious offense charged.
(c) Information or Indictment after County Court
Proceedings Begun. When action in a criminal case has been
initiated in county court, and subsequently the state attorney files a
direct information or the grand jury indicts the defendant, the state
attorney or the state attorney’s designee shall notify the clerk
without delay.
RULE 2.560 cases. APPOINTMENT OF SPOKEN LANGUAGE COURT
INTERPRETERS FOR NON-ENGLISH-SPEAKING
AND LIMITED-ENGLISH-PROFICIENT PERSONS
(a) Criminal or Juvenile Delinquency Proceedings. In any
criminal or juvenile delinquency proceeding in which the accused,
the parent or legal guardian of the accused juvenile, the victim, or
the alleged victim cannot understand or has limited understanding
of English, or cannot express himself or herself in English
sufficiently to be understood, an interpreter shall be appointed.
(b) Other Proceedings. In all other proceedings in which a
non-English-speaking or limited-English-proficient person is a
litigant, an interpreter for the non-English-speaking or limited-
English-proficient litigant shall be appointed if the court determines
that the litigant’s inability to comprehend English deprives the
litigant of an understanding of the court proceedings, that a
fundamental interest is at stake (such as in a civil commitment,
termination of parental rights, paternity, or dependency
proceeding), and that no alternative to the appointment of an
interpreter exists.
(c) Witnesses. In any proceeding in which a non-English-
speaking or limited-English-proficient person is a witness, the
appointment of an interpreter shall be governed by the applicable
provisions of the Florida Evidence Code.
(d) Compliance with Title VI of the Civil Rights Act of
1964. In making determinations regarding the appointment of an
interpreter, the court should ensure compliance with the
requirements of Title VI of the Civil Rights Act of 1964.
(e) Qualifications of Interpreter.
(1) Appointment of Interpreters When Certified or Other
Duly Qualified Interpreters Are Available. Whenever possible, a
certified or other duly qualified interpreter, as defined in the Rules
for Certification and Regulation of Spoken Language Court
Interpreters, shall be appointed. Preference shall be given to
appointment of certified and language skilled interpreters, then to
persons holding a provisionally approved designation.
(2) Appointment of Interpreters When Certified or Other
Duly Qualified Interpreters Are Unavailable. If, after diligent search,
a certified, language skilled, or provisionally approved interpreter is
not available, the presiding judge, magistrate, or hearing officer,
finding good cause, may appoint an interpreter who is otherwise
registered with the Office of the State Courts Administrator in
accordance with the Rules for Certification and Regulation of
Spoken Language Court Interpreters. No appointment shall be
made under this subdivision unless the presiding judge, magistrate,
or hearing officer makes a determination, on the record, the
proposed interpreter is competent to interpret in the proceedings.
(3) Appointment in Exceptional Circumstances. If after
diligent search no interpreter qualifying under subdivision (e)(1) or
(e)(2) of this rule is available at the time interpreter services are
needed, the presiding judge, magistrate, or hearing officer, finding
good cause exists for the appointment of an interpreter not
qualifying under subdivision (e)(1) or (e)(2), such as the prevention
of burdensome delay, the request or consent of the non-English-
speaking or limited-English-proficient person, or other unusual
circumstance, may appoint an interpreter who is not certified,
language skilled, provisionally approved, or otherwise registered
with the Office of the State Courts Administrator. No appointment,
including appointment of interpreters available via remote
technology, shall be made under this subdivision unless the
presiding judge, magistrate, or hearing officer finds the proposed
interpreter is competent to interpret in the proceedings. This finding
must be made on the record based, not only on the unavailability of
an interpreter otherwise qualified in a particular language, but also
on specific exigent circumstances given the demands of the case
and the interpreter’s sworn assertion he or she is able, either in
direct or relay/intermediary interpretation, to communicate
effectively in the languages in which interpreter services are
required. An appointment under this subdivision shall excuse an
interpreter so appointed from the registration requirements under
the Rules for Certification and Regulation of Spoken Language
Court Interpreters, but only for the delivery of the specific services
for which the interpreter is appointed.
(4) On-the-Record Objections or Waivers in Criminal and
Juvenile Delinquency Proceedings. In any criminal or juvenile
delinquency proceeding in which the interpreter is not appointed
under subdivision (e)(1) of this rule, the court shall advise the
accused, on the record, that the proposed interpreter is not
certified, language skilled, or provisionally approved pursuant to
the Rules for Certification and Regulation of Spoken Language
Court Interpreters. The accused’s objection to the appointment of a
proposed interpreter, or the accused’s waiver of the appointment of
a certified, language skilled, or provisionally approved interpreter,
shall also be on the record.
(5) Additional on-the-Record Findings, Objections, and
Waivers Required at Subsequent Proceedings. The appointment of an
interpreter who is not certified, language skilled, or provisionally
approved in accordance with the Rules for Certification and
Regulation of Spoken Language Court Interpreters shall be limited
to a specific proceeding and shall not be extended to subsequent
proceedings in a case without additional findings of good cause and
qualification as required by subdivisions (e)(2) and (e)(3) of this rule,
and additional compliance with the procedures for on-the-record
objections or waivers provided for in subdivision (e)(4) of this rule.
(f) Privileged Communications. Whenever a person
communicates through an interpreter to any person under
circumstances that would render the communication privileged and
such person could not be compelled to testify as to the
communication, the privilege shall also apply to the interpreter.
(g) Definitions. When used in this rule, the following terms
shall have the meanings set forth below:
(1) Limited-English-Proficient Person. A person who is
unable to communicate effectively in English because the
individual’s primary language is not English and he or she has not
developed fluency in the English language. A person with limited
English proficiency may have difficulty speaking, reading, writing,
or understanding English.
(2) Proceeding. Any hearing or trial, excluding an
administrative hearing or trial, presided over by a judge, general
magistrate, special magistrate, or hearing officer within the state
courts.
RULE 2.565 cases. RETENTION OF SPOKEN LANGUAGE COURT
INTERPRETERS FOR NON-ENGLISH-SPEAKING
AND LIMITED-ENGLISH-PROFICIENT PERSONS
BY ATTORNEYS OR SELF-REPRESENTED
LITIGANTS
(a) Retention of Interpreters when Certified or Other
Duly Qualified Interpreters Are Available. When an attorney or
self-represented litigant retains the services of an interpreter to
assist a non-English-speaking or limited-English-proficient litigant
or witness in a court proceeding or court-related proceeding as
defined in the Rules for Certification and Regulation of Spoken
Language Court Interpreters, the attorney or self-represented
litigant shall, whenever possible, retain a certified, language skilled
or provisionally approved interpreter, as defined in the Rules for
Certification and Regulation of Spoken Language Court
Interpreters. Preference shall be given to retention of certified and
language skilled interpreters, then to persons holding a
provisionally approved designation.
(b) Retention of Interpreters when Certified or Other
Duly Qualified Interpreters Are Unavailable. If, after diligent
search, a certified, language skilled, or provisionally approved
interpreter is not available, an attorney or self-represented litigant
may retain an interpreter who is otherwise registered with the Office
of the State Courts Administrator in accordance with the Rules for
Certification and Regulation of Spoken Language Court
Interpreters.
(c) Retention in Exceptional Circumstances. If, after
diligent search, no interpreter qualifying under subdivision (a) or (b)
of this rule is available, an attorney or self-represented litigant, for
good cause, may retain an interpreter who is not certified, language
skilled, provisionally approved, or otherwise registered with the
Office of the State Courts Administrator.
(d) Written Declaration Substantiating Good Cause. No
interpreter shall be retained under subdivision (c) unless the
attorney or a self-represented litigant states under oath or affirms
in a verified writing that:
(1) a diligent search has been conducted;
(2) neither a certified, language skilled, provisionally
approved interpreter nor an interpreter otherwise registered with
the Office of the State Courts Administrator is available to interpret
in person or via remote technology; and
(3) to the best of the attorney or self-represented
litigant’s information and belief, the proposed interpreter is
competent to interpret. In addition, the written declaration shall
include the full name, mailing address, and telephone number of
the proposed interpreter; the non-English language interpreted; the
date of the interpreted event; and nature of the interpreted event.
(e) Filing and Retention of Written Declaration. An
attorney or self-represented litigant substantiating good cause
under subdivision (d) shall submit via e-mail, a copy of the verified
written declaration with the Court Interpreter Program Office in the
Office of the State Courts Administrator. A prescribed form and
dedicated e-mail address appear on the Court’s website. The filer
shall thereafter furnish a copy to the proposed interpreter, and
shall:
(1) file the original declaration in any pending court
action or administrative action and serve a copy thereof on all other
parties; or
(2) if no action is pending at the time interpreter
services are provided, retain the original declaration and serve a
copy thereof on the non-English-speaking or limited-English-
proficient person at the time interpreter services are provided. The
declaration shall be made available to all other parties and to any
state court or administrative judge, magistrate, or hearing officer
upon request in any action later filed to which the interpreted event
is relevant. The filing with the Office of the State Courts
Administrator of a written declaration in substantial conformity
with this subdivision shall excuse the proposed interpreter from the
registration requirements under the Rules for Certification and
Regulation of Spoken Language Interpreters for the delivery of the
specific interpreter services for which certification is made.
(f) Time for Preparation, Submission, Filing, and Service.
Verified written declarations required by this rule shall be prepared,
submitted to the Office of State Courts Administrator, filed with the
Clerk of Court, when required, and served on all parties in advance
of the proceedings to which they are relevant. When compliance
with this subdivision is impossible or impracticable due to the
existence of emergency or other extraordinary circumstances, the
attorney or self-represented litigant shall:
(1) comply with the preparation, submission, filing, and
service requirements of this rule as soon as is practicable following
the conclusion of the proceeding; and
(2) include in the verified written declaration a brief
statement describing the emergency or other extraordinary
circumstances justifying post-proceeding compliance.
RULE 2.570 cases. PARENTAL-LEAVE CONTINUANCE
(a) Generally. Absent one or more of the findings listed in
subdivision (e) of this rule, a court shall grant a timely motion for
continuance based on the parental leave of the movant’s lead
attorney in the case, due to the birth or adoption of a child, if the
motion is made within a reasonable time after the later of:
(1) the movant’s lead attorney learning of the basis for
the continuance; or
(2) the setting of the specific proceeding(s) or the
scheduling of the matter(s) for which the continuance is sought.
(b) Content of Motion. A motion filed under this rule shall
be in writing and signed by the requesting party. The motion must
state all of the following:
(1) The attorney who is the subject of the motion is the
movant’s lead attorney.
(2) The facts necessary to establish that the motion is
timely.
(3) The scope and length of the continuance requested.
(4) Whether another party objects to the motion.
(5) Any other information that the movant considers
relevant to the court’s consideration of the motion.
(c) Presumptive Length. Three months is the presumptive
maximum length of a parental-leave continuance absent a showing
of good cause that a longer time is appropriate.
(d) Burden of Proof. If the motion is challenged by another
party that makes a prima facie demonstration of substantial
prejudice, the burden shall shift to the movant to demonstrate that
the prejudice to the requesting party caused by the denial of the
motion exceeds the prejudice that would be caused to the objecting
party if the requested continuance were granted.
(e) Court’s Discretion; Order. It is within the court’s sound
discretion to deny the motion or to grant a continuance different in
scope or duration than requested, if the court finds that:
(1) another party would be substantially prejudiced by
the requested continuance; or
(2) the requested continuance would unreasonably
delay an emergency or time-sensitive proceeding or matter.
The court shall enter a written order setting forth its ruling on the
motion and the specified grounds for the ruling.
(f) Criminal, Juvenile, and Involuntary Civil
Commitment of Sexually Violent Predators Cases. In a case
governed by the Florida Rules of Criminal Procedure, by the Florida
Rules of Juvenile Procedure, or by the Florida Rules of Civil
Procedure for Involuntary Commitment of Sexually Violent
Predators, a motion for continuance based on the parental leave of
the lead attorney is governed by rule 2.545(e) and by any applicable
Florida Rule of Criminal Procedure, Florida Rule of Juvenile
Procedure, or Florida Rule of Civil Procedure for Involuntary
Commitment of Sexually Violent Predators, rather than by this rule,
except that in a case governed by Part III of the Florida Rules of
Juvenile Procedure, a motion for continuance based on the parental
leave of the lead attorney is governed by Florida Rule of Juvenile
Procedure 8.240(d).
RULE 2.580 cases. STANDARD JURY INSTRUCTIONS
(a) Use; Modification. The standard jury instructions
appearing on The Florida Bar’s website may be used by trial judges
in instructing the jury in every trial to the extent that the
instructions are applicable, unless the trial judge determines that
an applicable standard jury instruction is erroneous or inadequate,
in which event the judge shall modify the standard instruction or
give such other instruction as the trial judge determines to be
necessary to instruct the jury accurately and sufficiently on the
circumstances of the case. If the trial judge modifies a standard jury
instruction or gives another instruction, upon timely objection to
the instruction, the trial judge shall state on the record or in a
separate order the respect in which the judge finds the standard
instruction erroneous or inadequate or confusing and the legal
basis for varying from the standard instruction. Similarly, in all
circumstances in which the comments or notes on use
accompanying the standard jury instructions contain a
recommendation that a certain type of instruction not be given, the
trial judge may follow the recommendation unless the judge
determines that the giving of such an instruction is necessary to
instruct the jury accurately and sufficiently, in which event the
judge shall give such instruction as the judge deems appropriate
and necessary. If the trial judge does not follow such a
recommendation, upon timely objection to the instruction, the trial
judge shall state on the record or in the separate order the legal
basis of the determination that the instruction is necessary.
(b) Referral to Committee. The party requesting and
receiving a modified instruction shall send a copy of the modified
instruction to the appropriate committee on standard jury
instructions under rule 2.270, unless the modification is only
technical or nonsubstantive in nature, so that the committee can
consider the modification to determine whether the standard
instruction should be amended.
(c) No Supreme Court Approval or Presumption of
Correctness. The standard jury instructions approved for
publication and use under rule 2.270 are not approved or otherwise
specifically authorized for use by the supreme court. The approval
of a standard jury instruction under that rule shall not be
construed as an adjudicative determination on the legal correctness
of the instruction. Standard instructions authorized for use by the
supreme court prior to the adoption of rule 2.270 shall be treated
the same as and given no more deference than instructions
approved for use under that rule.
FORM 2.601 REQUEST TO BE EXCUSED FROM E-MAIL
SERVICE BY A PARTY NOT REPRESENTED BY
AN ATTORNEY
(CAPTION)
REQUEST TO BE EXCUSED FROM E-MAIL SERVICE FOR A
PARTY NOT REPRESENTED BY AN ATTORNEY
. . . . .(name). . . . . requests to be excused pursuant to Fla. R.
Gen. Prac. & Jud. Admin. 2.516(b)(1)(D) from the requirements of e-
mail service because I am not represented by an attorney and:
☐ I do not have an e-mail account.
☐ I do not have regular access to the internet.
By choosing not to receive documents by e-mail service, I
understand that I will receive all copies of notices, orders,
judgments, motions, pleadings, or other written communications by
delivery or mail at the following address: . . . . .(address). . . . . .
I understand that I must keep the clerk’s office and the
opposing party or parties notified of my current mailing address.
Pursuant to section 92.525, Florida Statutes, under penalties
of perjury, I declare that I have read the foregoing request and that
the facts stated in it are true.
Dated: . . . . . . . . . .
Signature: ________________________________________
Print name: . . . . . . . . . .
Phone number: . . . . . . . . . .
CLERK’S DETERMINATION
Based on the information provided in this request, I have
determined that the applicant is ☐ excused or ☐ not excused from
the e-mail service requirements of Fla. R. Gen. Prac. & Jud. Admin.
2.516(b)(1)(C).
Dated: . . . . . . . . . .
Signature of the Clerk of Court: ___________________________________
CERTIFICATE OF SERVICE
I certify that a copy hereof has been furnished to the clerk of
court for . . . . . . County and . . . . .(insert name(s) and address(es)
of parties used for service). . . . . by . . . . .(delivery) (mail). . . . . on .
. . . .(date). . . . . .
________________________________________
. . . . .(name of party). . . . .
A PERSON WHO IS NOT EXCUSED MAY SEEK REVIEW BY A
JUDGE BY REQUESTING A HEARING TIME.
Sign here if you want the Judge to review the clerk’s
determination that you are not excused from the e-mail service
requirements. You do not waive or give up any right to judicial
review of the clerk’s determination by not signing this part of
the form:
Dated: . . . . . . . . . .
Signature: ______________________________________________________
Print Name: ____________________________________________________
FORM 2.602 DESIGNATION OF E-MAIL ADDRESS BY A PARTY
NOT REPRESENTED BY AN ATTORNEY
(CAPTION)
DESIGNATION OF E-MAIL ADDRESS FOR A
PARTY NOT REPRESENTED BY AN ATTORNEY
Pursuant to Fla. R. Gen. Prac. & Jud. Admin. 2.516(b)(1)(C), I,
. . . . . .(name). . . . ., designate the e-mail address(es) below for
electronic service of all documents related to this case.
By completing this form, I am authorizing the court, clerk of
court, and all parties to send copies of notices, orders, judgments,
motions, pleadings, or other written communications to me by e-
mail or through the Florida Courts E-filing Portal.
I understand that I must keep the clerk’s office and the
opposing party or parties notified of my current e-mail address(es)
and that all copies of notices, orders, judgments, motions,
pleadings, or other written communications in this case will be
served at the e-mail address(es) on record at the clerk’s office.
. . . . .(designated e-mail address). . . . .
. . . . .(secondary designated e-mail address(es) (if any)). . . . .
CERTIFICATE OF SERVICE
I certify that a copy hereof has been furnished to the clerk of
court for . . . . . . County and . . . . .(insert name(s) and address(es)
of parties used for service). . . . . by . . . . .(e-mail) (delivery) (mail). . .
. . on . . . . .(date). . . . . .
_______________________
.....(signature).....
…..(printed name)…..
.....(e-mail address).....
…..(address)…..
…..(phone number)…..
FORM 2.603 CHANGE OF MAILING ADDRESS OR
DESIGNATED E-MAIL ADDRESS
(CAPTION)
NOTICE OF CHANGE OF MAILING ADDRESS
OR DESIGNATED E-MAIL ADDRESS
I, __________________ certify that my . . . . .(mailing address or
designated e-mail address). . . . . has changed to __________________
__________________________________________________________________.
I understand that I must keep the clerk’s office and any
opposing party or parties notified of my current mailing address or
e-mail address. I will file a written notice with the clerk if my
mailing address or e-mail address changes again.
CERTIFICATE OF SERVICE
I certify that a copy hereof has been furnished to the clerk of
court for . . . . . . County and . . . . .(insert name(s) and address(es)
of parties used for service). . . . . by . . . . .(e-mail) (delivery) (mail). . .
. . on . . . . .(date). . . . . .
_________________________
.....(signature).....
…..(printed name)…..
.....(e-mail address).....
…..(address)…..
…..(phone number)…..
APPENDIX
State of Florida
JUDICIAL BRANCH
RECORDS RETENTION SCHEDULE
FOR ADMINISTRATIVE RECORDS
GENERAL APPLICATION
This record retention schedule does not impose a duty to
create records contained in the schedule. The purpose of the
schedule is to authorize destruction of records after the
retention period has elapsed. The records custodian may retain
records longer than required by the schedule. This schedule
authorizes destruction of records unless otherwise provided by
court rule.
The retention period should be calculated from the time
that the record is completed. For purposes of calculating the
retention period, fiscal records should be considered completed
at the end of a fiscal year. All retention periods are subject to
the caveat “provided that applicable audits have been
released.”
The records custodian of the judicial branch entity that
creates a record creates the “record copy” and is responsible
for its retention in accordance with this schedule. The records
custodian of the judicial branch entity that properly receives a
record from outside the judicial branch has the “record copy”
and is responsible for its retention in accordance with this
schedule. Duplicates are only required to be retained until
obsolete, superseded or administrative value is lost.
“Record Series” means a group of related documents
arranged under a single filing arrangement or kept together as
a unit because they consist of the same form, relate to the
same subject, result from the same activity, or have certain
common characteristics.
ACQUISITION RECORDS: LIBRARY
This record series consists of information on the acquisition of
library materials including: books, periodicals, filmstrips, software,
compact discs, video/audio tapes, and other non-print media. This
information may include the accession date and method, the
publisher and cost, the date entered into the collection, dates
removed from collection, and method of final disposal.
RETENTION: Retain for life of material.
ADMINISTRATIVE CONVENIENCE RECORDS
This record series consists of a subject file, generally filed
alphabetically, which is located away from the official files, such as
in the Director’s and other supervisory offices. The file contains
DUPLICATES of correspondence, reports, publications, memoranda,
etc., and is used as a working file or reference file on subjects which
are currently significant or which may become significant in the
near future. The material filed in this series is NOT the official file or
record copy but is maintained for the convenience of the officials in
carrying out their elected or appointed duties.
RETENTION: Retain until obsolete, superseded or administrative
value is lost.
ADMINISTRATIVE RECORDS: PUBLIC OFFICIALS/COURT
ADMINISTRATORS
This record series consists of office files documenting the
substantive actions of elected or appointed officials and the court
administrator. These records constitute the official record of a
judicial branch entity’s performance of its functions and
formulation of policy and program initiative. This series will include
various types of records such as correspondence; memoranda;
statements prepared for delivery at meetings, conventions or other
public functions that are designed to advertise and promote
programs, activities and policies of the judicial branch entity;
interviews; and reports concerning development and
implementation of activities of the judicial branch entity. “These
records may have archival value.”
RETENTION: 10 years.
ADMINISTRATIVE SUPPORT RECORDS
This record series consists of records accumulated relative to
internal administrative activities rather than the functions for
which the office exists. Normally, these records document
procedures; the expenditure of funds, including budget material;
day-to-day management of office personnel including training and
travel; supplies, office services and equipment requests and receipts
and other recorded experiences that do not serve as official
documentation of the programs of the office. However, because the
content of these records vary so greatly in content and value
(containing some duplicates and record copies), a relatively large
proportion of them are of continuing value and may be subject to
the audit process. Note: Reference a more applicable records series
first if one exists. “These records may have archival value.”
RETENTION: 2 years.
ADVERTISEMENTS: LEGAL
This record series consists of advertisements which have appeared
in newspapers or in the “Administrative Weekly” on matters
pertaining to the judicial branch entity and other legal ads which
may or may not indirectly affect the judicial branch entity; i.e., bid
invitations for construction jobs, public hearings or notices, public
sales. See also “BID RECORDS: CAPITAL IMPROVEMENT
SUCCESSFUL BID”, “BID RECORDS: CAPITAL IMPROVEMENT
UNSUCCESSFUL BIDS” and “BID RECORDS: NON-CAPITAL
IMPROVEMENT.”
RETENTION: 5 years.
AFFIRMATIVE ACTION RECORDS
This record series consists of copies of reports submitted to the
Equal Employment Opportunity Commission (EEOC) per their
requirements for the judicial branch entity’s affirmative action plan.
It may also include discrimination complaints, correspondence and
investigative papers pertaining to the judicial branch entity’s
affirmative action plan. See also “EQUAL EMPLOYMENT
OPPORTUNITY COMPLIANCE RECORDS.”
RETENTION: 2 years.
APPLICATIONS: GUARDIAN AD LITEM, MEDIATION, OTHERS
This record series consists of applications, supporting documents,
correspondence and reports relating to the application of a person
to be certified as a mediator, a program to be approved to offer
training for mediators, a volunteer to be approved by the Guardian
ad Litem Program, or other persons or programs regulated in the
judicial branch.
RETENTION: 5 years after the person or program is no longer
regulated by the judicial branch.
APPLICATIONS: LIBRARY CARDS
This record series consists of library card applications which must
be renewed on an annual, bi-annual, or other basis. The application
may include the patron’s name, address, telephone number, date of
birth, as well as a statement of liability for the care and timely
return of all materials checked out or utilized by the patron.
RETENTION: Retain for 30 days after expiration.
APPRAISALS: LAND PURCHASES (NOT PURCHASED)
This record series consists of documents pertaining to land not
purchased by a judicial branch entity and all supporting
documents. See also “APPRAISALS: LAND PURCHASES
(PURCHASED).”
RETENTION: 3 years.
APPRAISALS: LAND PURCHASES (PURCHASED)
This record series consists of documents pertaining to land
purchased by a judicial branch entity and all supporting
documents. See also “APPRAISALS: LAND PURCHASES (NOT
PURCHASED).”
RETENTION: Retain as long as judicial branch entity retains
property.
ARCHITECTURAL PLANS/SPECIFICATIONS: PRELIMINARY
DRAWINGS
This record series consists of those graphic and engineering
preliminary drawing records that depict conceptual as well as
precise measured information essential for the planning and
construction of facilities.
RETENTION: Retain until completion and acceptance.
ATTENDANCE AND LEAVE RECORDS
This record series consists of requests or applications for vacation,
sick, family medical leave (FMLA) and other types of leave including
leave of absences, timesheets or timecards along with any required
documentation (medical statements or excuses from a physician,
jury duty summons, or military orders, etc.) submitted by an
employee to document authorized absences.
RETENTION: 3 years.
AUDITS: INDEPENDENT
This record series consists of a report issued by an independent
auditor to establish the position of the judicial branch entity being
audited against its standard of performance. See also, “AUDITS:
INTERNAL,” “AUDITS: STATE/FEDERAL” and “AUDITS:
SUPPORTING DOCUMENTS.”
RETENTION: 10 years.
AUDITS: INTERNAL
This record series consists of a report issued by an internal auditor
to establish the position of a judicial branch entity being audited
against its standard of performance. See also, “AUDITS:
INDEPENDENT,” “AUDITS: STATE/FEDERAL” and “AUDITS:
SUPPORTING DOCUMENTS.”
RETENTION: 3 years.
AUDITS: STATE/FEDERAL
This record series consists of a report issued by a federal or state
auditor to establish the position of a judicial branch entity being
audited against its standard of performance. See also, “AUDITS:
INDEPENDENT,” “AUDITS: INTERNAL” and “AUDITS: SUPPORTING
DOCUMENTS.” “These records may have archival value.”
RETENTION: 10 years.
AUDITS: SUPPORTING DOCUMENTS
This record series consists of the documentation and supporting
documents used to develop the audit report with all bills, accounts,
records and transactions. See also “AUDITS: INDEPENDENT,”
“AUDITS: INTERNAL” and “AUDITS: STATE/FEDERAL.”
RETENTION: 3 years.
BACKGROUND/SECURITY CHECKS
This record series consists of background/security checks for
potential new hires and promotions. These checks may include a
background and driver’s license screening, reference check, and
verification of academic standing. The files might include notices of
not being hired based on the outcome of a security check and a
opportunity for rebuttal. Supporting documentation consists of
fingerprint cards, copy of the driver’s license, copy of the transcript
release form, returned form reference letters, and other necessary
information.
RETENTION: 4 anniversary years.
BANK ACCOUNT AUTHORIZATION RECORDS
This record series consists of an authorization to maintain a bank
account and who is authorized to sign off on the account.
RETENTION: 1 year after superseded by new authorization.
BAR APPLICANTS: ADMITTED
This record series consists of bar applications, supporting
documents, all investigative materials, of administrative value,
correspondence, reports, and similar materials accumulated during
the bar admissions process regarding bar applicants who were
subsequently admitted to The Florida Bar.
RETENTION: Bar application and fingerprint card, 5 years; all
other materials, 1 year.
BAR APPLICANTS: NOT ADMITTED (WITH NO
RECOMMENDATION)
This record series consists of bar applications, supporting
documents, all investigative materials of administrative value,
correspondence, reports, and similar materials accumulated during
the bar admissions process regarding bar applicants who have not
been admitted to The Florida Bar and who have not received an
unfavorable recommendation by the Florida Board of Bar
Examiners.
RETENTION: 20 years or the death of the applicant, whichever is
earlier.
BAR APPLICANTS: NOT ADMITTED (WITH UNFAVORABLE
RECOMMENDATION)
This record series consists of bar applications, supporting
documents, all investigative materials of administrative value,
correspondence, reports, and similar materials accumulated during
the bar admissions process regarding bar applicants who have not
been admitted to The Florida Bar and who have received an
unfavorable recommendation by the Florida Board of Bar
Examiners by either a negotiated consent judgment or the issuance
of findings of fact and conclusions of law.
RETENTION: 40 years or the death of the applicant, whichever is
earlier.
BAR EXAMINATION/ANSWERS
This record series consists of answers to essay questions and
answer sheets to machine-scored questions submitted by bar
applicants during the bar examination administered by the Florida
Board of Bar Examiners.
RETENTION: Until the conclusion of the administration of the next
successive general bar examination.
BAR EXAMINATION/FLORIDA PREPARED PORTION
This record series consists of the portion of the bar examination
prepared by the Florida Board of Bar Examiners.
RETENTION: 10 years from the date of the administration of the
examination.
BID RECORDS: CAPITAL IMPROVEMENT SUCCESSFUL BIDS
This record series consists of information relative to the processing
and letting of capital improvement successful bids including legal
advertisements, “Requests for Proposal,” technical specifications,
correspondence, “Invitations to Bid,” bid tabulations and bid
responses. “Capital Improvements” shall mean enhancement to
buildings, fixtures and all other improvements to land. See also
“BID RECORDS: CAPITAL IMPROVEMENT UNSUCCESSFUL BIDS”
and “BID RECORDS: NON-CAPITAL IMPROVEMENT.”
RETENTION: 10 years
BID RECORDS: CAPITAL IMPROVEMENT UNSUCCESSFUL BIDS
This record series consists of information relative to the processing
and letting of capital improvement unsuccessful bids including legal
advertisements, “Requests for Proposal,” technical specifications,
correspondence, “Invitations to Bid,” bid tabulations and bid
responses. “Capital Improvements” shall mean enhancement to
buildings, fixtures and all other improvements to land. See also
“BID RECORDS: CAPITAL IMPROVEMENT SUCCESSFUL BIDS”
and “BID RECORDS: NON-CAPITAL IMPROVEMENT.”
RETENTION: 5 years.
BID RECORDS: NON-CAPITAL IMPROVEMENT
This record series consists of information relative to the processing
and letting of successful and unsuccessful noncapital improvement
bids including legal advertisements, “Requests for Proposal,”
technical specifications, correspondence, “Invitations to Bid,” bid
tabulations and bid responses. See also “BID RECORDS: CAPITAL
IMPROVEMENT SUCCESSFUL BIDS” and “BID RECORDS:
CAPITAL IMPROVEMENT UNSUCCESSFUL BIDS.”
RETENTION: 5 years.
BIOGRAPHICAL FILES
This record series consists of vitas, biographies, photographs and
newspaper clippings of employees.
RETENTION: Retain until obsolete, superseded or administrative
value is lost.
BUDGET RECORDS: APPROVED ANNUAL BUDGET
This record series consists of the approved annual budget and its
amendments. See also “BUDGET RECORDS: SUPPORTING
DOCUMENTS,” “These records may have archival value.”
RETENTION: Permanent.
BUDGET RECORDS: SUPPORTING DOCUMENTS
This record series consists of any supporting documentation
supporting budget matters and is filed chronologically. See also
“BUDGET RECORDS: APPROVED ANNUAL BUDGET.”
RETENTION: 3 years.
BUILDING PLANS
This record series consists of graphic and engineering records that
depict conceptual as well as precise measured information essential
for the planning and construction of buildings. See also
“ARCHITECTURAL PLANS/SPECIFICATIONS: PRELIMINARY
DRAWINGS.”
RETENTION: Retain for life of structure.
CALENDARS
This record series consists of a calendar showing official daily
appointments and meetings.
RETENTION: 1 year.
CASE RELATED RECORDS NOT IN THE CUSTODY OF THE
CLERK AND /OR NOT IN CASE FILE
This record series includes records that are related to a trial court
records as defined in Rule 2.420, Florida Rules of General Practice
and Judicial Administration, because they are not filed with the
clerk of court and are not included in the court file. These records
include, but are not limited to, drug court evaluation and progress
reports, mediation reports, deferred prosecution and diversion
records, and arbitration reports. Case-related trial court
documents may be destroyed or disposed of after a judgment has
become final in record accordance with the following schedule:
RETENTION:
(A) 60 days- Parking tickets and noncriminal traffic infractions
after required audits have been completed.
(B) 2 years- Proceedings under the Small Claims Rules,
Medical Mediation Proceedings.
(C) 5 years- Misdemeanor actions, criminal traffic violations,
ordinance violations, civil litigation proceedings in county court
other than those under the Small Claims Rules, and civil
proceedings in circuit court except marriage dissolutions and
adoptions.
(D) 10 years- Probate, guardianship, and mental health
proceedings.
(E) 10 years- Felony cases in which no information or
indictment was filed or in which all charges were dismissed, or in
which the state announced a nolle prosequi, or in which the
defendant was adjudicated not guilty.
(F) 75 years- juvenile proceedings containing an order
permanently depriving a parent of custody of a child, and adoptions
and all felony cases not previously destroyed.
(G) Juvenile proceedings not otherwise provided for in this
subdivision shall be kept for 5 years after the last entry or until the
child reaches the age of majority, whichever is later.
(H) Marriage dissolutions- 10 years from the last record
activity. The court may authorize destruction of court records not
involving alimony, support, or custody of children 5 years from the
last record activity.
CERTIFICATION FORWARD DOCUMENTS
This record series consists of lists of encumbrances to be applied
against certified forward money which is money brought forward
from the previous fiscal year for goods and services which were not
received until the current fiscal year. See also “ENCUMBRANCE
RECORDS.”
RETENTION: 3 years.
CHILD SUPPORT/ALIMONY DISBURSEMENT RECORDS: DETAIL
This series consists of records documenting disbursement of child
support or alimony. The series includes, but is not limited to, check
registers, check stubs, cancelled checks, cancelled warrants,
disbursement ledgers, transaction journals, vendor invoice, refund
records and other accounts payable related documentation.
RETENTION: 5 fiscal years
CHILD SUPPORT/ALIMONY DISBURSEMENT RECORDS:
SUMMARY
This series consists of records providing summary or aggregate
documentation of expenditures or transfers moneys for child
support or alimony. The series may include, but is not limited to,
trail balance reports, check logs and registers, summary reports,
summary journal transactions and other accounts payable
summary related documentation.
RETENTION: 10 fiscal years
CHILD SUPPORT/ALIMONY RECEIPT/REVENUE RECORDS:
DETAIL
This series consists of records documenting specific
receipts/revenues collected for child support or alimony. The series
may include, but is not limited to, cash receipts, receipt books,
deposit receipts, bank validated deposit slips, depository ledger
reports filed with Clerk of Court, transaction journals, refund
records, bad check records and other accounts receivable related
documentation.
RETENTION: 5 fiscal years
CHILD SUPPORT/ALIMONY RECEIPT/REVENUE RECORDS:
SUMMARY
This series consists of records providing summary or aggregate
documentation of receipts/revenues collected for child support or
alimony. The series may include, but is not limited to, monthly
statements of bank accounts, trial balance reports, bank
statements, credit and debit card reports, collection balance sheets
and other receivable summary related documentation.
RETENTION: 10 fiscal years
COMPLAINTS: CITIZENS/CONSUMERS/EMPLOYEES
This record series consists of individual complaints received from
citizens, consumers or employees. This file may include the name,
address, date of complaint, telephone number, the complaint to
whom referred and date, action taken and signature of person
taking the action.
RETENTION: 1 year.
CONTINUING EDUCATION RECORDS
This record series consists of continuing education records,
including records of judicial education.
RETENTION: 2 years.
CONTRACTS/LEASES/AGREEMENTS: CAPITAL
IMPROVEMENT/REAL PROPERTY
This record series consists of legal documents, correspondence,
reports, etc., relating to the negotiation, fulfillment and termination
of capital improvement or real property contracts, leases or
agreements to which the agency is a party, including contracts,
leases or agreements with architects, engineers, builders, and
construction companies. "Capital Improvements" shall mean
improvements to real property (land, buildings, including
appurtenances, fixtures and fixed equipment, structures, etc.), that
add to the value and extend the useful life of the property, including
construction of new structures, replacement or rehabilitation of
existing structures (e.g., major repairs such as roof replacement), or
removal of closed structures. "Real Property" means land, buildings,
and fixtures. The terms "land," "real estate," "realty" and "real
property" may be used interchangeably. See also "CONTRACTS/
LEASES/ AGREEMENTS: NON-CAPITAL IMPROVEMENT."
RETENTION: 10 fiscal years after completion or termination of
contract/lease/agreement
CONTRACTS/LEASES/AGREEMENTS: NON-CAPITAL
IMPROVEMENT
This record series consists of legal documents, correspondence,
reports, etc., relating to the negotiation, fulfillment and termination
of non-capital improvement contracts, leases or agreements to
which the agency is a party. In addition, it includes the various
contracts, leases or agreements entered into for the purchase of
goods and services such as the purchase of gas, fuel oil and annual
purchases of inventory-maintained items. See also
“CONTRACTS/LEASES/AGREEMENTS: CAPITAL
IMPROVEMENT/REAL PROPERTY.”
RETENTION: 5 fiscal years after completion or termination of
contract/lease/agreement
CORRESPONDENCE & MEMORANDA: ADMINISTRATIVE
This record series consists of routine correspondence and
memoranda of a general nature that is associated with
administrative practices but that does not create policy or
procedure, document the business of a particular program, or act
as a receipt. See also “INFORMATION REQUEST RECORDS.” “These
records may have archival value.”
RETENTION: 3 years.
CORRESPONDENCE & MEMORANDA: PROGRAM AND POLICY
DEVELOPMENT
This record series consists of correspondence and memoranda of
any nature that is associated with a specific program or the
development of policy and procedure. “These records may have
archival value.”
RETENTION: 5 years.
COURT REGISTRY
This record series consists of records, ledgers and journals showing
amounts paid into the Court Registry, held by the Court, and paid
out by the Court.
RETENTION: Permanent.
COURT REPORTS
This record series consists of court reports, including SRS, jury
management, witness management, uniform case reporting system
records, and other statistical court reports.
RETENTION: 3 years.
DEEDS: PROPERTY
This record series consists of property deeds. Series may include
appraisals, surveys, and other supporting documents.
RETENTION: Retain as long as property is retained.
DELAYED BIRTH (APPLICATION/CERTIFICATE/AFFIDAVITS,
ETC.)
This record series consists of an application signed by a judge for a
birth (other than in a hospital usually). This record is filed with the
County Court pursuant to Section 382.0195(4)(a), Florida Statutes.
Once signed, the application becomes an order. The record copy is
sent to Vital Statistics.
RETENTION: Permanent
DIRECTIVES/POLICIES/PROCEDURES
This record series consists of the official management statements of
policy for the organization, supporting documents, and the
operating procedures which outline the methods for accomplishing
the functions and activities assigned to the judicial branch entity. It
includes all memoranda and correspondence generated relating to
the policies and procedures which are to be followed by employees.
See also “CORRESPONDENCE & MEMORANDA: PROGRAM AND
POLICY DEVELOPMENT.” “These records may have archival value.”
RETENTION: 2 years.
DISASTER PREPAREDNESS DRILLS
This record series consists of the results of disaster preparedness
exercises and the supporting documents including scenarios,
location of safety related drills, time tables, response times,
probable outcomes, areas of difficulties, descriptions of how
difficulties were resolved, and areas for improvement. Types of drills
include: fire, tornado, safety, hurricane and SARA chemical spills.
See also “DIRECTIVES/POLICIES/PROCEDURES” and “DISASTER
PREPAREDNESS PLANS.”
RETENTION: 3 years.
DISASTER PREPAREDNESS PLANS
This record series consists of disaster preparedness and recovery
plans adopted by a judicial branch entity. See also
“DIRECTIVE/POLICIES/PROCEDURES.”
RETENTION: Retain until obsolete, superseded or administrative
value is lost.
DISBURSEMENT RECORDS: DETAIL
This series consists of records documenting specific expenditures or
transfers of agency moneys for the procurement of commodities and
services and other purposes. The series may include, but is not
limited to, procurement records such as requisitions, requisition
logs, purchase orders, contracts, purchasing card (p-card) receipts,
vendor invoices, receiving reports, acceptances of contract
deliverables, approvals, and related documentation; and
expenditure records for disbursements made through checks,
warrants, electronic fund transfers (EFT), purchasing cards, or
other methods, such as payment vouchers, approvals, check
registers, cancelled checks, check stubs, cancelled warrants,
disbursement ledgers, journal transactions, expenditure detail
reports, refund records and other accounts payable and related
documentation. Retention is based on s. 95.11(2), F.S., Statute of
Limitations on contracts, obligations, or liabilities. See also
“DISBURSEMENT RECORDS: SUMMARY,” “PURCHASING
RECORDS,” and “TRAVEL RECORDS.”
RETENTION: 5 fiscal years
DISBURSEMENT RECORDS: SUMMARY
This series consists of records providing summary or aggregate
documentation of expenditures or transfers of agency moneys for
the procurement of commodities and services and other purposes.
The series may include, but is not limited to, summary records
such as trial balance reports, check logs and registers, summary
expenditure reports, federal grant final closeout reports, summary
journal transactions, and other accounts payable summary and
related documentation. See also “DISBURSEMENT RECORDS:
DETAIL.”
RETENTION: 10 fiscal years
DISCIPLINARY CASE FILES
This record series consists of both sustained formal or informal
disciplinary cases investigated that allege employee misconduct or
violations of department regulations and orders, and state/federal
statutes. It includes statements by the employee, witnesses, and the
person filing the complaint. “Formal discipline” is defined as
disciplinary action involving demotion, removal from office,
suspension, or other similar action. “Informal discipline” is defined
as any disciplinary action involving written and verbal reprimands,
memoranda, or other similar action. This record series also can
consist of formal and informal disciplinary cases that were
determined as not sustained, unfounded, or exonerated charges.
See also “PERSONNEL RECORDS”.
RETENTION: 5 years.
DRAFTS AND WORKING PAPERS
This record series consists of documents, correspondence, reports,
memos, and other materials in preliminary or developmental form
before their iteration as a final product. Drafts may include copies
of materials circulated for review for grammar, spelling, and
content. Working papers may include notes and miscellaneous
documents and materials used in compiling and assembling the
final product. Note that some draft documents and working papers
may have long-term value; such documents may even have archival
or historical value. Such records might be better placed under the
record series “Administrator Records: Public Officials/Court
Administrators.”
RETENTION: Retain until obsolete, superseded or administrative
value is lost.
DRUG TEST RECORDS
This record series consists of the positive or negative results of a
drug test under the Drug Free Workplace Act or as required for CDL
or other drivers under US DOT regulations as well as records
related to canceled tests. This series might include documents
generated in decisions to administer reasonable suspicion or post-
accident testing, or in verifying the existence of a medical
explanation of the inability of the driver to provide adequate breath
or to provide a urine specimen for testing. In addition, the case file
could include: the employer’s copy of an alcohol test form, including
the results of the test; a copy of the controlled substances test
chain of custody control form; documents sent by the Medical
Review Officer (MRO) to the employer; notice to report for testing;
affidavit signed by the employee stating any prescription drugs or
over the counter medication currently taken; and final clearance to
resume working. This record series can also consist of
documentation, including memorandum and correspondence,
related to an employee’s refusal to take or submit samples for an
alcohol and/or controlled substances test(s).
RETENTION: 5 years.
ELECTRONIC FUNDS TRANSFER RECORDS
This record series consists of documentation necessary to establish
and maintain the electronic transfer of funds from one financial
institution to another. The documentation may include, but is not
limited to: an agreement between the two parties; a form which lists
both institutions’ names, their routing numbers, the name of the
account holder, and the account’s authorizing signature; a canceled
deposit slip or check; and the paperwork for the termination of
service or transfer of service to a new institution. This series does
not include the paperwork on a specific individual deposit or
payment.
RETENTION: 5 fiscal years
ELECTRONIC RECORDS SOFTWARE
This record series consists of proprietary and non-proprietary
software as well as related documentation that provides information
about the content, structure and technical specifications of
computer systems necessary for retrieving information retained in
machine-readable format. These records may be necessary to an
audit process.
RETENTION: Retain as long as there are software dependent
records.
EMPLOYEE PRE-COUNSELING RECORDS
This record series consists of material and supporting
documentation which provide documentation of initial contact with
an employee regarding incidents which may or may not lead to
disciplinary action. This series is not considered in and of itself a
part of the employee discipline record.
RETENTION: 1 year.
EMPLOYMENT EXAMINATION RECORDS
This record series consists of test plans, announcements, grades,
grading scales, keyed exams, test monitor’s list of candidates, any
research toward the development of the tests, and any other
selection or screening criteria. See “PERSONNEL RECORDS” and
“RECRUITMENT & SELECTION PACKAGES.”
RETENTION: 4 anniversary years
ENCUMBRANCE RECORDS
This record series consists of documents and reports which
document funds that have been encumbered. See also
“CERTIFICATION FORWARD DOCUMENTS.”
RETENTION: 3 years.
ENDOWMENTS, BEQUESTS AND TRUST FUND RECORDS
This record series consists of creating, establishing or contributing
to endowments, bequests and trust fund records. “These records
may have archival value.”
RETENTION: Permanent.
ENVIRONMENTAL REGULATION RECORDS
This record series consists of permits, reviews, supporting
documents and correspondence resulting from environmental
regulation requirements.
RETENTION: 5 years.
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE RECORDS
This record series consists of EEO-5 and supporting documents,
reviews, background papers and correspondence relating to
employment papers and correspondence relating to employment
statistics (race, sex, age, etc.). See also “AFFIRMATIVE ACTION
RECORDS.”
RETENTION: 4 anniversary years after final action
EQUIPMENT/VEHICLE MAINTENANCE RECORDS
This record series documents service, maintenance, and repairs to
agency equipment and vehicles, including program changes to
electronic equipment. The series may include, but is not limited to,
work orders and documentation of dates/history of repairs,
locations, cost of parts, hours worked, etc. Records for all agency
vehicles, including ground, air, and water vehicles, are covered by
this series. See also “VEHICLE RECORDS.”
RETENTION: 1 fiscal year after disposition of equipment.
EQUIPMENT/VEHICLE USAGE RECORDS
This record series documents use of agency equipment and
vehicles, including, but not limited to, vehicle logs indicating driver,
destination, fuel/service stops, and odometer readings and/or total
trip mileage; equipment usage logs and/or reports; and other usage
documentation. See also “VEHICLE RECORDS.”
RETENTION:
a) Record copy. 1 calendar year.
b) Duplicates. Retain until obsolete, superseded, or
administrative value is lost.
EXPENDITURE PLANS: CAPITAL
This record series consists of capital improvement expenditure
plans.
RETENTION: Permanent.
FACILITY RESERVATION/RENTAL RECORDS
This record series consists of forms generated in the process of
renting or scheduling a public meeting hall or room, conference
site, to a citizen or family, private organization, or other public
agency. These forms include, but are not limited to, name of renter,
renter’s address and telephone number, method of payment,
acknowledgment of rules, liability, damage waivers, and the date
and time of the rental as well as what facility or portion of a facility
is to be reserved. These forms may contain a check number,
corresponding receipt number, an amount as well as deposit
information. There may also be a floor plan denoting the desired
arrangement of tables or chairs as requested by the renter.
RETENTION: 5 fiscal years
FEASIBILITY STUDY RECORDS
This record series consists of working papers, correspondence,
consulting firm reports and management committee reports
investigating various projects of the judicial branch entity.
RETENTION: 3 years.
FEDERAL AND STATE TAX FORMS/REPORTS
This record series consists of W-2 Forms, W-4 Forms, W-9 Forms,
940 Forms, 941-E Forms, 1099 Forms, 1099 Reports and UTC-6
Forms. The retention period mentioned below for the record
(master) copy was established pursuant to Section 26 CFR 31.6001-
1(2).
RETENTION: 4 calendar years.
GENERAL LEDGERS: ANNUAL SUMMARY
This record series consists of ledgers containing accounts to which
debits and credits are posted from supporting documents of original
entry. It includes all permanent ledger entries.
RETENTION: Permanent.
GRAND JURY NOTES
This record series consists of stenographic records, notes, and
transcriptions made by the court reporter or stenographer during
the grand jury session. These records are normally kept in a sealed
container and are not subject to public inspection pursuant to
Section 905.17(1), Florida Statutes. A Court order must be obtained
for disposition.
RETENTION: 10 years from closing of session.
GRAND JURY RECORDS
This record series consists of jury summons, requests for recusal,
juror payments, information to jurors’ employers, lists of jurors,
juror questionnaires, and other records related to a grand jury. This
record series includes records related to a grand jury and the
statewide grand jury.
RETENTION: 2 years.
GRANT FILES
This record series consists of financial, management and any other
related material which is generated subsequent to application for or
expenditure of grant funds. These files include all applications,
supporting documentation, contracts, agreements, and routine
reports. Check with applicable grant agency for any additional
requirements. Project completion has not occurred until all
reporting requirements are satisfied and final payments have been
received. See also “PROJECT FILES: FEDERAL”, and “PROJECT
FILES: NONCAPITAL IMPROVEMENT”. “These records may have
archival value.”
RETENTION: 5 fiscal years after completion of project.
GRIEVANCE FILES (EMPLOYMENT)
This record series consists of records of all proceedings in the
settlement of disputes between employer and employee. See also
“PERSONNEL RECORDS.”
RETENTION: 3 years.
HEALTH RECORDS: BLOOD BORNE PATHOGEN/ASBESTOS/
EXPOSURE
This record series consists of medical records of employees who
may have or did come into contact with blood or other potentially
hazardous materials. These confidential records include the
employee’s name, social security number, hepatitis B vaccination
status including the dates of testing, results of examinations,
medical testing, and follow up procedures, a copy of the healthcare
professional’s written opinion, a list of complaints which may be
related to the exposure, and a copy of information provided to the
healthcare professional. This record series can also consist of
documents which record the exposure or possible exposure of an
employee to a blood borne pathogen, contagion, radiation and
chemicals above the acceptable limits or dosage. These documents
may include statistical analyses, incident reports, material safety
data sheets, copies of medical records or reports, risk management
assessments, and other necessary data to support the possibility of
exposure. Please refer to 20 CFR 1910.1030.
RETENTION: 30 years after termination, retirement, or separation
from employment.
INCIDENT REPORTS
This record series consists of reports of incidents which occur at a
public facility or on publicly owned property. It may include alarm
malfunctions, suspicious persons, maintenance problems, or any
other circumstance that should be noted for future reference or
follow up.
RETENTION: 4 years.
INFORMATION REQUEST RECORDS
This record series consists of correspondence accumulated in
answering inquiries from the public. See also “CORRESPONDENCE
& MEMORANDA: ADMINISTRATIVE.”
RETENTION: 1 year.
INSPECTION RECORDS: FIRE/SECURITY/SAFETY
This record series consists of inspection reports for fire, security,
and safety.
RETENTION: 4 years.
INSPECTION REPORTS: FIRE EXTINGUISHER (ANNUAL)
This records series consists of annual fire extinguisher inspection
reports.
RETENTION: 1 anniversary year or life of equipment, whichever is
sooner.
INSURANCE RECORDS
This record series consists of all policies, claim filing information,
correspondence and claims applications made by an agency,
premium payment records which includes fire, theft, liability,
medical, life, etc. on agency’s property or employees. The record
series also consists of a list of any insurance carriers and the
premium payment amounts paid to them.
RETENTION: 5 years after final disposition of claim or expiration of
policy.
INVENTORY RECORDS: PHYSICAL
This record series consists of all information regarding the physical
inventory of all Operating Capital Outlay (O.C.O.) items which
require an identification number and tag. Included in these reports
are items sold through the auctions process as well as the Fixed
Inventory Report showing all property owned by the judicial branch
entity. See also “SUPPLY RECORDS.”
RETENTION: 3 years.
JQC — JUDICIAL FINANCIAL DISCLOSURE FORMS
This record consists of all financial disclosure forms filed by the
judiciary with the Judicial Qualifications Commission.
RETENTION: 10 years.
JQC — JUDICIAL COMPLAINTS
This record consists of individual complaints received from citizens,
judges, or lawyers against members of the judiciary.
RETENTION: 3 years if complaint summarily dismissed. For the
lifetime of the judge against whom the complaint has been filed in
all other cases.
JUROR NOTES
Juror notes shall consist of any written notes taken by jurors
during civil or criminal trials.
RETENTION: Immediate destruction upon issuance of a verdict or
if the trial ends prematurely as a result of a mistrial, plea, or
settlement.
JURY RECORDS
This record series consists of jury summons, requests for recusal,
juror payments, information to jurors’ employers, lists of jurors,
juror questionnaires, and other records related to the jury pool.
This record series includes records related to petit juries.
RETENTION: 2 years.
KEY AND BADGE ISSUANCE RECORDS
This record series consists of the key control system which includes
receipts for keys and security or identification badges issued by
employees. See also “VISITOR LOGS.”
RETENTION: Retain as long as employee is employed.
LAW OFFICE MANAGEMENT ASSISTANCE SERVICE RECORDS
This record series consists of all materials in connection with
consultations or advice given in the course of office management
assistance services provided to an attorney, legal office, or law firm.
RETENTION: Retain until obsolete, superseded or administrative
value is lost.
LEAVE TRANSACTION REPORTS
This record series consists of the printed record generated through
COPES of the total hours used and the accrual earned during a pay
period. It also consists of the leave balances of vacation, sick and
compensatory leave for all employees in the agency.
RETENTION: 3 years.
LEGISLATION RECORDS
This record series consists of proposed legislation for the Florida
Legislature and all supporting documentation, analysis or tracking
information. “These records may have archival value.”
RETENTION: Retain until obsolete, superseded or administrative
value is lost.
LIBRARY CIRCULATION RECORDS
This record series consists of the transactions devised to make
library materials and equipment available to the entire library
clientele. Also, includes delinquent records and charges, copies of
incoming and outgoing interlibrary loan requests for books,
magazine articles, microfilms, renewals and subject searches.
RETENTION: 3 years.
LITIGATION CASE FILES
This record series consists of legal documents, notes, reports,
background material, etc. created in the preparation of handling
legal disputes involving a judicial branch entity. See also,
“OPINIONS: LEGAL (ATTORNEY),” and “OPINIONS: LEGAL
(SUPPORTING DOCUMENTS).”
RETENTION: 5 years after case closed or appeal process expired.
MAIL: UNDELIVERABLE FIRST CLASS
This record series consists of mail from any judicial branch entity,
returned due to an incorrect address or postage. See also “MAILING
LISTS” and “POSTAGE RECORDS.”
RETENTION: 1 year.
MAILING LISTS
This record series consists of mailing lists. See also “MAIL:
UNDELIVERABLE FIRST CLASS” and “POSTAGE RECORDS.”
RETENTION: Retain until obsolete, superseded or administrative
value is lost.
MANAGEMENT SURVEYS/STUDIES: INTERNAL
This record series consists of the raw data and work papers for any
survey conducted to study management issues such as
client/patron/employee satisfaction and service improvement. This
data may include survey response cards, the results of telephone
polls, tally sheets, opinion cards for suggestion boxes, and other
records related to the study of internal operations. This does not
include a consultant report. The final computation of the data is
produced as a survey report and may be scheduled either as part of
a feasibility study, project case file, or an operational/statistical
report — depending on the nature and depth of the survey/study.
RETENTION: 1 year after final data or report released.
MATERIALS SAFETY RECORDS
This record series consists of a list of toxic substances to which an
employee is, has been or may be exposed to during the course of
their employment with an employer who manufacturers, produces,
uses, applies or stores toxic substances in the work place.
RETENTION: 30 years.
MEMORANDA — LEGAL: COURT’S DECISION-MAKING
This record series consists of memoranda, drafts or other
documents involved in a court’s judicial decision-making process.
RETENTION: Retain until obsolete, superseded or administrative
value is lost.
MINUTES: OFFICIAL MEETINGS
This record series consists of the minutes of meetings convened to
establish policy or precedent and includes meetings of the Board of
Governors of The Florida Bar and The Florida Board of Bar
Examiners, and court administrative conferences. See also
“MINUTES: OTHER MEETINGS” and “MINUTES: OFFICIAL
MEETINGS (AUDIO/VISUAL RECORDINGS).” “These records may
have archival value.”
RETENTION: Permanent.
MINUTES: OFFICIAL MEETINGS (AUDIO/VISUAL RECORDINGS)
This record series consists of official audio and video recordings of
meetings. See also, “MINUTES: OTHER MEETINGS.”
RETENTION: Until minutes are prepared.
MINUTES: OFFICIAL MEETINGS (SUPPORTING DOCUMENTS)
This record series consists of the agenda and supporting documents
for official meetings. See also “MINUTES: OTHER MEETINGS” and
“MINUTES: OFFICIAL MEETINGS (AUDIO/VISUAL RECORDINGS).”
RETENTION: 3 years.
MINUTES: OTHER MEETINGS
This record series consists of minutes from all meetings which are
not included in “MINUTES: OFFICIAL MEETINGS.”
RETENTION: 1 year.
MONTHLY DISTRIBUTION OF FINES
This record series consists of monthly reports, prepared by the
clerk, of all fines imposed under the penal laws of the state and the
proceeds of all forfeited bail bonds or recognizance which are paid
into the fine and forfeiture fund. The report contains the amount of
fines imposed by the court and of bonds forfeited and judgments
rendered on said forfeited bonds, and into whose hands they had
been paid or placed for collection, the date of conviction in each
case, the term of imprisonment, and the name of the officer to
whom commitment was delivered.
RETENTION: 3 fiscal years.
NEWS RELEASES
This record series consists of news releases distributed by the
judicial branch entity and news releases received from other offices
for informational purposes. See also “PUBLIC INFORMATION CASE
FILES” and “PRE-PUBLICATIONS AND MEDIA ITEM RECORDS.”
“These records may have archival value.”
RETENTION: 90 days.
OPERATIONAL AND STATISTICAL REPORT RECORDS: OFFICE
This record series consists of daily, weekly, monthly, biannual, and
annual narrative and statistical reports of office operations made
within and between judicial branch entities. Also included in this
series are activity reports demonstrating the productivity of an
employee or the work tasks completed for a period of time
(hourly/daily/weekly).
RETENTION: Retain until obsolete, superseded or administrative
value is lost.
OPINIONS: ETHICS
This record series consists of advisory ethical opinions issued by
the appropriate committee in response to an inquiry from a
regulated person or entity. “These records may have archival value.”
RETENTION: Permanent.
OPINIONS: ETHICS (SUPPORTING DOCUMENTS)
This record series consists of supporting documents relating to
advisory ethical opinions.
RETENTION: 3 years.
OPINIONS: LEGAL (ATTORNEY)
This record series consists of written opinions of lasting significance
establishing policy or precedent answering legal questions involving
questions of interpretation of Florida or federal law. This does not
include memoranda, drafts or other documents involved in a court’s
judicial decision-making process. See also “CORRESPONDENCE &
MEMORANDA: PROGRAM AND POLICY DEVELOPMENT”,
“LITIGATION CASE FILES,” “MEMORANDA — LEGAL” and
“OPINIONS: LEGAL (SUPPORTING DOCUMENTS).” “These records
may have archival value.”
RETENTION: Permanent.
OPINIONS: LEGAL (SUPPORTING DOCUMENTS)
This record series consists of the supporting documentation to the
opinions that answer legal questions involving questions of
interpretation of Florida or Federal law. See also “LITIGATION CASE
FILES” and “OPINIONS: LEGAL (ATTORNEY).”
RETENTION: 3 years.
ORDERS: ADMINISTRATIVE
This record series consists of administrative orders as defined in
Rule of General Practice and Judicial Administration 2.020(c).
RETENTION: Permanent.
ORGANIZATION CHARTS
This record series consists of organizational charts that show lines
of authority and responsibility within and between judicial branch
entities. See also “DIRECTIVES/POLICIES/PROCEDURES.”
RETENTION: Retain until obsolete, superseded or administrative
value is lost.
OTHERWISE UNCATEGORIZED RECORDS
This record series consists of all records which are not otherwise
specified in this schedule.
RETENTION: Retain until obsolete, superseded or administrative
value is lost.
PARKING DECAL/PERMIT RECORDS
This record series consists of parking applications for automobile
and motor bike decals for employees. See also “VEHICLE
RECORDS.”
RETENTION: 2 years.
PAYROLL RECORDS
This record series consists of the following: a form used by staff to
rectify errors in payroll processing including: wrong name, incorrect
deductions or salary, inaccurate tax information, or other problems;
forms authorizing direct deductions for insurance, union dues,
credit unions, savings bonds, charitable contributions, deferred
compensation, day care, etc.; any payroll record posted to the
employee’s applicable retirement plan, in any format (plus indices,
if applicable), which are used to document payment for retirement
or other purposes during an employee’s duration of employment
and also lists each rate(s) of pay changes.
RETENTION: 4 years.
PAYROLL RECORDS: REGISTERS (POSTED)
This record series consists of records posted to the employee’s
retirement plan, in any format (plus indexes, if applicable), which
are used to document payment for retirement or other purposes
during an employee’s duration of employment and also lists each
rate of pay. Please note that the information in this record series
should be posted to an applicable retirement plan. See also other
“PAYROLL RECORDS” and “SOCIAL SECURITY CONTROLLED
SUMMARY RECORDS.”
RETENTION: 4 years.
PERSONNEL RECORDS
This record series consists of an application for employment,
resume, personnel action reports, directly related correspondence,
oath of loyalty, fingerprints, medical examination reports,
performance evaluation reports, worker’s compensation reports,
and other related materials. See also “EMPLOYMENT
EXAMINATION RECORDS,” “DISCIPLINARY CASE FILES,” and
other “PERSONNEL RECORDS.”
RETENTION: 25 years after separation or termination of
employment.
PERSONNEL RECORDS: LOCATOR
This record series consists of a log or card of where to locate
personnel including name of individual, location to be found, date,
address, emergency contact and other general information.
RETENTION: Retain until obsolete, superseded or administrative
value is lost.
PERSONNEL RECORDS: OPS/TEMPORARY EMPLOYMENT
This record series consists of all information relating to each O.P.S.
or temporary employee within each judicial branch entity. Also,
records may include an employment application, resume, personnel
action forms and any correspondence relating to that individual.
Temporary employment may include personnel from a local
employment agency. See also “EMPLOYMENT EXAMINATION
RECORDS,” DISCIPLINARY CASE FILES,” and other “PERSONNEL
RECORDS.”
RETENTION: 3 years.
PETTY CASH DOCUMENTATION RECORDS
This record series consists of receipts, bills and monthly balances
indicating amount needed for replenishing this revolving account.
RETENTION: 3 years.
POSITION DESCRIPTION RECORDS
This record series consists of specifically assigned duties and
responsibilities for a particular position, including percentage
breakdown of duties.
RETENTION: 2 years after superseded.
POSTAGE RECORDS
This record series consists of a detailed listing showing the amount
of postage used, date, unused balance and purpose. See also
“MAILING LISTS” and “MAIL: UNDELIVERABLE FIRST CLASS.”
RETENTION: 3 years.
PRE-PUBLICATIONS AND MEDIA ITEM RECORDS
This record series consists of records used to generate publications
such as catalogs, pamphlets and leaflets and other media items
including rough, blue lined, and final copies. See also “NEWS
RELEASES” and “PUBLIC INFORMATION CASE FILES”.
RETENTION: Retain until receipt of final copy.
PROCLAMATIONS/RESOLUTIONS
This record series consists of an expression of a governing body or
public official concerning administrative matters, an expression of a
temporary character or a provision for the disposition of a
particular item of the administrative business of a governing body
or judicial branch entity. See also,
“DIRECTIVES/POLICIES/PROCEDURES.” “These records may have
archival value.”
RETENTION: Permanent.
PROCLAMATIONS/RESOLUTIONS: SUPPORTING DOCUMENTS
This record series consists of documents that were used to prepare
a proclamation or resolution. See also
“PROCLAMATIONS/RESOLUTIONS” and
“DIRECTIVES/POLICIES/PROCEDURES.”
RETENTION: 3 years.
PROGRAM/SUBJECT/REFERENCE FILES
This record series may contain correspondence, reports,
memoranda, studies, articles, etc. regarding topics of interest to or
addressed by a judicial branch entity. See also, “ADMINISTRATIVE
RECORDS: PUBLIC OFFICIALS/COURT ADMINISTRATORS”.
RETENTION: Retain until obsolete, superseded, or administrative
value is lost.
PROJECT FILES: CAPITAL IMPROVEMENT
This record series consists of correspondence or memoranda,
drawings, resolutions, narratives, budget revisions, survey
information, change orders, computer runs and reports all
pertaining to capital improvement projects, construction and
contract specifications for various proposed projects sent out for
bid. See also “PROJECT FILES: FEDERAL,” and “PROJECT FILES:
NON-CAPITAL IMPROVEMENT.”
RETENTION: 10 years
PROJECT FILES: FEDERAL
This record series consists of original approved project contracts,
agreements, awards, and line-item budgets, budget amendments,
cash requests, correspondence and audit reports. See also “GRANT
FILES” and “PROJECT FILES: CAPITAL IMPROVEMENT.”
RETENTION: 5 years.
PROJECT FILES: NON-CAPITAL IMPROVEMENT
This record series consists of correspondence or memoranda,
drawings, resolutions, narratives, budget revisions, survey
information, change orders, computer runs and reports all
pertaining to projects in progress, construction and contract
specifications for various proposed projects sent out for bid. See
also “GRANT FILES,” “PROJECT FILES: CAPITAL IMPROVEMENT,”
and “PROJECT FILES: FEDERAL.”
RETENTION: 5 years.
PROPERTY TRANSFER FORMS
This record series consists of all capital and non-capital property
transfer forms to declare surplus or transfer to another unit of local
or state government. This series does not include real property
transfers.
RETENTION: 1 year.
PUBLIC INFORMATION CASE FILES
This record series consists of speeches and drafts, contact prints,
negatives, enlargements from negatives and transparencies created
as illustrations in publications or as visual displays of activities of
the judicial branch entity. See also “NEWS RELEASES,” and “PRE-
PUBLICATIONS AND MEDIA ITEM RECORDS.” “These records may
have archival value.”
RETENTION: 90 days.
PUBLIC PROGRAM/EVENT RECORDS: CONTRACTED
This record series consists of case files of events or programs which
are available to the public or segments of the public. Files may
include copies of contracts or agreements, participant or performer
information, program details and arrangements, photo or video
tapes. See also “PUBLIC PROGRAM/EVENT RECORDS: NON-
CONTRACTED.”
RETENTION: 5 years.
PUBLIC PROGRAM/EVENT RECORDS: NON-CONTRACTED
This record series consists of case files of events or programs which
are available to the public or segments of the public. Files may
include copies of contracts or agreements, participant or performer
information, program details and arrangements, photo or video
tapes. See also “PUBLIC PROGRAM/EVENT RECORDS:
CONTRACTED.”
RETENTION: 3 years.
PURCHASING RECORDS
This record series consists of a copy of the purchase order which is
retained by the originating office while another is sent by the
purchasing office to the appropriate vendor for action. The series
may include, but is not limited to, copies of requisitions sent by the
originating office to supply, purchasing, graphics, duplicating, or
other sections for action; copies of receiving reports; and a log of
outstanding and paid requisitions and purchase orders used for
cross-referencing purposes. See also “DISBURSEMENT RECORDS:
DETAIL.”
RETENTION: 5 fiscal years
RECEIPT/REVENUE RECORDS: DETAIL
This series consists of records documenting specific
receipts/revenues collected by an agency through cash, checks,
electronic fund transfers (EFT), credit and debit cards, or other
methods. The series may include, but is not limited to, records such
as cash collection records and reports, cash receipt books, cash
register tapes, deposit/transfer slips, EFT notices, credit and debit
card records, receipt ledgers, receipt journal transactions and
vouchers, refund records, bad check records, and other accounts
receivable and related documentation. Retention is based on s.
95.11(2), F.S., Statute of Limitations on contracts, obligations, or
liabilities. See also “RECEIPT/REVENUE RECORDS: SUMMARY.”
RETENTION: 5 fiscal years provided applicable audits have been
released.
RECEIPT/REVENUE RECORDS: SUMMARY
This series consists of records providing summary or aggregate
documentation of receipts/revenues collected by an agency. The
series may include, but is not limited to, records such as trial
balance reports, bank statements, credit and debit card reports,
revenue reconciliations, collection balance sheets, and other
accounts receivable summary and related documentation. See also
“RECEIPT/REVENUE RECORDS: DETAIL.”
RETENTION: 10 fiscal years provided applicable audits have been
released.
RECEIPTS: REGISTERED AND CERTIFIED MAIL
This record series consists of receipts for registered and certified
mail sent out or received by a particular judicial branch entity. See
also “MAIL: UNDELIVERABLE FIRST CLASS,” and “POSTAGE
RECORDS.”
RETENTION: 1 year.
RECRUITMENT & SELECTION PACKAGES
This record series consists of all records which document the
selection process and justify the selection process and justify the
selection decision including: details of the job analysis and
identification of the knowledge, skills and abilities necessary to
perform the job; application forms and/or resumes for employment
including demographic data of applicants including but not limited
to race, sex, age and veteran status; list of all applicants’ name and
ratings or rankings (if applicable) for each selection technique;
description of the selection process; selection techniques used,
including samples, supplemental applications, etc.; the current
position description; the names and titles of all persons
administering the selection process or participating in making
selection decisions; the job opportunity announcement and any
other recruitment efforts; and other information that affects the
selection decisions. See also “EMPLOYMENT EXAMINATION
RECORDS”.
RETENTION: 4 anniversary years after personnel action and any
litigation is resolved.
SALARY COMPARISON REPORTS
This record series consists of a report which is distributed and
provided for reference purposes only. This data is compiled from
records located in the Personnel Office.
RETENTION: 1 year.
SALARY SCHEDULES
This record series consists of a pay grade comparison chart or log
indicating the salary classification for each position.
RETENTION: 10 years.
SEARCH COMMITTEE RECORDS
This record series consists of minutes, reports, vitas, resumes,
interview score sheets, interview results, list of priority hires, a
personnel requisition, references of applicants and the affirmative
action compliance report.
RETENTION: 180 days
SEARCH WARRANTS SERVED: NO ARREST/NO CASE FILED
This record series consists of the original affidavit for search
warrant, search warrant and return of the search warrant. Series
may also include property inventory and receipt, if any property was
obtained. After execution of the warrant it is filed with the Clerk of
Court as served with no arrest having been made. Since no court
case is generated, these are kept as a separate record series.
RETENTION: 1 year after date of return.
SOCIAL SECURITY CONTROLLED SUMMARY RECORDS
This record series consists of a judicial branch entity’s copy of the
State’s FICA report mailed to the Division of Retirement. Report lists
the total taxable wages plus the amount withheld from employee
wages plus employer’s contribution. See also “PAYROLL
RECORDS.”
RETENTION: 4 calendar years after due date of tax.
STATE AUTOMATED MANAGEMENT ACCOUNTING SYSTEM
(SAMAS) REPORTS
This record series consists of reports of all updated transactions
entered into the system and a financial statement for each month
for all divisions of judicial branch entities.
RETENTION: 3 years.
STATE AWARDS AND RECOGNITION FILES
This record series consists of data relating to the State Meritorious
Service Awards Program. File contains employee suggestion forms
(Form DMS/EPE.AWP01), evaluations, adoption forms and payment
records. It also contains Superior Accomplishment nomination
forms and payment records. Summary information submitted to the
Department of Management Services for Annual Workforce Report
(Form DMS/EPE.AWP02) is also contained in this record series.
RETENTION: 3 years.
SUPPLY RECORDS
This record series consists of documentation of a perpetual
inventory of expendable supplies located in a central supply office
for use by judicial branch entity employees. Included in this series
is a listing of all available supplies which is distributed periodically
or upon request. See also “INVENTORY RECORDS: PHYSICAL.”
RETENTION: 3 years.
SURVEILLANCE VIDEO TAPES
This record series consists of surveillance video tapes created to
monitor activities occurring both within and outside of public
buildings. This tape may play an integral part in prosecution or
disciplinary actions.
RETENTION: 30 days, then erase and reuse provided any
necessary images are saved.
TELEPHONE CALL RECORDS: LONG DISTANCE
This record series consists of documentation and logs of separately
billed long distance telephone service.
RETENTION: 1 year.
TRAINING MATERIAL RECORDS
This record series consists of materials used in training, such as
films, slides, commentaries, manuals, workbooks and other related
items. This records series does not include individual training
records.
RETENTION: Retain until obsolete, superseded or administrative
value is lost.
TRAINING RECORDS: EMPLOYEE
This record series consists of a record for each employee which may
include all educational and training records of the employee. See
also “PERSONNEL RECORDS.”
RETENTION: 3 years.
TRANSITORY MESSAGES
This record series consists of those records that are created
primarily for the communication of information, as opposed to
communications designed for the perpetuation of knowledge.
Transitory messages do not set policy, establish guidelines or
procedures, certify a transaction, or become a receipt. The informal
tone of transitory messages might be compared to the
communication that might take place during a telephone
conversation or a conversation in an office hallway. Transitory
messages would include, but would not be limited to: E-mail
messages with short-lived, or no administrative value, voice mail,
self-sticking notes, and telephone messages.
RETENTION: Retain until obsolete, superseded or administrative
value is lost.
TRAVEL RECORDS
This record series consists of records required to support
reimbursement of expenses incurred during official travel.
RETENTION: 5 fiscal years.
UNCLAIMED PROPERTY RECORDS
This record series consists of forms required by the State
Comptroller’s Office for the registration of abandoned tangible or
intangible property. These forms are required under Chapter 717 of
the Florida Statutes. The judicial branch entity holding the
unclaimed property is to maintain a list of the specific type of
property, amount, name, and last known address of the owner.
RETENTION: 5 years after the property becomes reportable.
UNEMPLOYMENT COMPENSATION RECORDS
This record series consists of reports submitted to the State on a
quarterly basis stating the name of each employee, employee
number, amount of wages paid during quarter subject to
unemployment benefits, social security number, number of weeks
covered and other pertinent information which is retained by the
State for determination of unemployment benefits due to applicants
for same. Also includes, receipts and statements of charges.
RETENTION: 5 fiscal years.
VEHICLE ACCIDENT REPORTS
This record series consists of reports of employees that are involved
in accidents in a judicial branch entity vehicle or in their own
vehicle during the course of official business. See also “VEHICLE
RECORDS.”
RETENTION: 4 anniversary years.
VEHICLE RECORDS
This record series consists of all pertinent records pertaining to
each vehicle owned by the judicial branch entity. The records
usually consist of the vehicle registration papers, copy of the title,
inspection information, maintenance agreements, credit card
information, confidential tag issuance information and any other
information relating to the vehicle. See also “VEHICLE ACCIDENT
REPORTS.”
RETENTION: 1 year after disposition of vehicle.
VENDOR FILES
This record series consists of vendor invoices for items purchased
or leased, received and paid for.
RETENTION: 3 years.
VISITOR LOGS
This record series consists of records documenting employees’ and
visitors’ entrance into a judicial branch entity’s building during and
after office hours. See also “KEY AND BADGE ISSUANCE
RECORDS.”
RETENTION: 30 days.
WIRE AND ORAL COMMUNICATIONS: APPLICATIONS, ORDERS
AND AUDIO RECORDINGS
This record series consists of applications for an order authorizing
the interception of a wire or oral communications and orders
granted pursuant to Chapter 934, Florida Statutes. Also included
are original recordings of the contents of any wire or oral
communication made pursuant to Section 934.09, Florida Statutes.
They shall not be destroyed except upon an order of the issuing or
denying judge, or that judge’s successor in office, and in any event
shall be kept for ten (10) years.
RETENTION: 10 years (upon permission of the Court).
WITNESS SUBPOENAS/LISTS
This record series consists of subpoena lists that may be used to
establish witness payments.
RETENTION: 3 years.
WORK ORDERS
This record series consists of information reflecting the individual
history of major or minor maintenance or services requiring a work
order request. Work order includes dates, locations, cost of labor,
hours worked, equipment cost per hour, material used and cost,
and other pertinent details. This item does not include equipment
maintenance records. See also “EQUIPMENT/VEHICLE
MAINTENANCE RECORDS.”
RETENTION: 3 years.
WORK SCHEDULES
This record series consists of any scheduling documentation for
shift or part time employees. These records may include hours
scheduled to work, the switching of hours with another employee,
the location or route of work assignment, and anticipated starting
and ending times.
RETENTION: 1 year.
WORKERS’ COMPENSATION RECORDS
This record series consists of the first report of injury and the
employer’s supplemental reports including, if used, OSHA Form No.
200 as well as its predecessor forms No. 100 and 102 and OSHA
Form No. 101. These records are created pursuant to Florida
Statutes Section 440.09 and OSHA standards 1904.2, 1904.4, and
1904.5.
RETENTION: 5 years.
(Retention Schedule Revised 1-6-11)