Rules of Judicial Administration Flashcards
RULE 2.110. 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. DEFINITIONS (1/3)
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.
RULE 2.120. DEFINITIONS (2/3)
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.
RULE 2.120. DEFINITIONS (3/3)
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. 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. AMENDING RULES OF COURT (1/8)
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.
RULE 2.140. AMENDING RULES OF COURT (2/8)
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.
RULE 2.140. AMENDING RULES OF COURT (3/8)
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.
RULE 2.140. AMENDING RULES OF COURT (4/8)
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.
RULE 2.140. AMENDING RULES OF COURT (5/8)
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.
RULE 2.140. AMENDING RULES OF COURT (6/8)
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.
RULE 2.140. AMENDING RULES OF COURT (7/8)
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).
RULE 2.140. AMENDING RULES OF COURT (8/8)
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).
RULE 2.205. THE SUPREME COURT
(a) Internal Government. (1/4)
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.
RULE 2.205. THE SUPREME COURT
(a) Internal Government. (2/4)
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.
RULE 2.205. THE SUPREME COURT
(a) Internal Government. (3/4)
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.
RULE 2.205. THE SUPREME COURT
(a) Internal Government. (4/4)
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.
RULE 2.205. THE SUPREME COURT
(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.
RULE 2.205. THE SUPREME COURT
(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.
RULE 2.205. THE SUPREME COURT
(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.
RULE 2.205. THE SUPREME COURT
(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.
RULE 2.205. THE SUPREME COURT
(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.
RULE 2.205. THE SUPREME COURT
(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. 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.
RULE 2.210. DISTRICT COURTS OF APPEAL
(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.
RULE 2.210. DISTRICT COURTS OF APPEAL
(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
RULE 2.210. DISTRICT COURTS OF APPEAL
(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.
RULE 2.210. DISTRICT COURTS OF APPEAL
(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. TRIAL COURT ADMINISTRATION
(a) Purpose.
The purpose of this rule is to fix administrative responsibility in the chief judges of the circuit courts and the other judges that the chief judges may designate. When a rule refers to “the court,” it applies to a judge of the court when the context permits.
RULE 2.215. TRIAL COURT ADMINISTRATION
(b) Chief Judge.
(1) The chief judge is a circuit judge who possesses managerial, administrative, and leadership abilities and is selected without regard to seniority.
(2) The chief judge is the administrative officer of the courts within the circuit and directs the formation and implementation of policies and priorities for the operation of all courts and officers within the circuit, consistent with branch-wide policies. The chief judge has administrative supervision over all judges and court personnel within the judicial circuit. The chief judge is responsible to the chief justice of the supreme court. The chief judge may enter and sign administrative orders, except as otherwise provided by this rule. The chief judge has the authority to
require that all judges of the court, other court officers, and court
personnel comply with all court and judicial branch policies,
administrative orders, procedures, and administrative plans.
(3) The chief judge maintains liaison in all judicial administrative matters with the chief justice of the supreme court, and ensures the efficient and proper administration of all courts within that circuit, considering available resources. The chief judge must develop and file with the supreme court an administrative plan that includes an administrative organization capable of effecting the prompt disposition of cases; assignment of judges, other court officers, and all other court personnel; control of dockets; regulation and use of courtrooms; and mandatory periodic review of the status of the inmates of the county jail. The plan must be compatible with the development of the capabilities of the judges
so that each judge will be qualified to serve in any division, creating a judicial pool from which judges may be assigned to various courts throughout the state. The administrative plan must include a consideration of the statistical data developed by the case reporting system. Questions concerning the administration or management of the courts of the circuit must be directed to the chief justice of the supreme court through the state courts administrator.
(4) The chief judge assigns judges to the courts and divisions and determines the length of each assignment. The chief judge is authorized to order consolidation of cases and assign cases
to a judge or judges for the preparation of opinions, orders, or
judgments. All judges must inform the chief judge of any
contemplated absences that will affect the progress of the court’s
business. If a judge is temporarily absent, is disqualified in an
action, or is unable to perform the duties of the office, the chief
judge or the chief judge’s designee may assign a proceeding pending before the judge to any other judge or any additional assigned judge of the same court. The chief judge may assign any judge to temporary service for which the judge is qualified in any court in the same circuit. If it appears to the chief judge that the speedy, efficient, and proper administration of justice so requires, the chief judge may request the chief justice of the supreme court to assign temporarily an additional judge or judges from outside the circuit to duty in the court requiring assistance. The assigned judges are subject to administrative supervision of the chief judge for all purposes of this rule. When assigning a judge to hear any type of postconviction or collateral relief proceeding brought by a defendant who has been sentenced to death, the chief judge must assign the case to a judge qualified under subdivision (b)(10) of this rule. Nothing in this rule restricts the constitutional powers of the chief justice of the supreme court to make assignments.
(5) The chief judge may designate a judge in any court or court division of circuit or county courts as “administrative judge” of any court or division to assist with the administrative supervision of the court or division. To the extent practical, the chief judge should assign only 1 administrative judge to supervise the family court. The designee is responsible to the chief judge, has the power and duty to carry out the responsibilities assigned by the
chief judge, and serves at the pleasure of the chief judge.
(6) The chief judge may require the attendance of prosecutors, public defenders, clerks, bailiffs, and other officers of the courts, and may require from the clerks of the courts, sheriffs, or other officers of the courts periodic reports.
(7) The chief judge must regulate the use of all court facilities, regularly examine the dockets of the courts under the chief judge’s administrative supervision, and require a report on the
status of the matters on the dockets. The chief judge may take
action as necessary to make the dockets current. The chief judge
must monitor the status of all postconviction or collateral relief
proceedings for defendants who have been sentenced to death from the time that the mandate affirming the death sentence has been issued by the supreme court and take the necessary actions to assure that the cases proceed without undue delay. On the first day of every January, April, July, and October, the chief judge must
inform the chief justice of the supreme court of the status of all
these cases.
(8) The chief judge or the chief judge’s designee must
regularly examine the status of every inmate of the county jail.
(9) The chief judge may authorize the clerks of courts to maintain branch county court facilities to retain county court permanent records of pending cases in the branch court facilities, and to retain and destroy these records in the manner provided by
law.
(10) Assigning Capital Cases.
(A) The chief judge may not assign a judge to preside over a capital case in which the state is seeking the death penalty, or collateral proceedings brought by a death row inmate, until that judge has become qualified to do so by:
(i) presiding a minimum of 6 months in a felony criminal division or in a division that includes felony criminal cases; and
(ii) successfully attending the “Handling Capital Cases” course offered through the Florida Court Education Council. A judge whose caseload includes felony criminal cases must attend the “Handling Capital Cases” course as soon as practicable, or at the direction of the chief judge.
(B) The chief justice may waive these requirements in exceptional circumstances at the request of the chief judge.
(C) Following attendance at the “Handling Capital Cases” course, a judge remains qualified to preside over a capital case by attending a “Capital Case Refresher” course once during each of the subsequent continuing judicial education reporting periods. A judge who has attended the “Handling Capital Cases” course and who has not taken the “Capital Case Refresher” course within any subsequent continuing judicial education reporting period must requalify to preside over a capital case by attending the refresher course.
(D) The refresher course must be at least a 6-hour course approved by the Florida Court Education Council containing instruction on the penalty phase, jury selection, and proceedings
brought under Florida Rule of Criminal Procedure 3.851.
(11) The failure of any judge to comply with an order or directive of the chief judge is considered neglect of duty and may be reported by the chief judge to the chief justice who has the authority to take any appropriate corrective action. The chief judge may report the neglect of duty by a judge to the Judicial
Qualifications Commission or other appropriate person or body or take other appropriate corrective action.
(12) At the call of the chief justice, the chief judges of the circuit court and district courts of appeal must meet on a regular basis to discuss and provide feedback for implementation of policies and practices that have statewide impact including, but not limited to, the judicial branch’s management, operation, strategic plan, legislative agenda, and budget priorities. The meetings must occur
at least quarterly and be conducted in person, if practicable. At the discretion of the chief justice, any of these meetings may be
combined with other judicial branch and leadership meetings.
(13) The chief judge must exercise reasonable efforts to
promote and encourage diversity in the administration of justice.
RULE 2.215. TRIAL COURT ADMINISTRATION
(c) Selection.
The chief judge must be chosen by a majority of the active circuit and county court judges within the circuit for a term of 2 years commencing on July 1 of each odd-numbered year or by the chief justice if there is no majority for a term of 2 years. The election for chief judge must be held no sooner than February 1 of the year during which the chief judge’s term commences beginning July 1. All elections for chief judge must be conducted as follows:
(1) All ballots are secret.
(2) Any circuit or county judge may nominate a candidate for chief judge.
(3) Proxy voting is not permitted.
(4) Any judge who will be absent from the election may vote by secret absentee ballot obtained from and returned to the Trial Court Administrator.
A chief judge may be removed as chief judge by the supreme court, acting as the administrative supervisory body of all courts, or may be removed by a two-thirds vote of the active judges. The purpose of this rule is to fix a 2-year cycle for the selection of the chief judge in each circuit. A chief judge may serve for successive terms but no more than 8 years. A chief judge who is to be temporarily absent must select an acting chief judge from among the circuit judges. If a chief judge dies, retires, fails to appoint an acting chief judge during an absence, or is unable to perform the duties of the office, the chief justice must appoint a circuit judge to act as chief judge during the absence or disability or until a successor chief judge is elected to serve the unexpired term. When the office of chief judge is temporarily vacant pending action within the scope of this paragraph, the duties of court administration are performed by the circuit judge having the longest continuous service as a judge or by
another circuit judge designated by that judge.
RULE 2.215. TRIAL COURT ADMINISTRATION
(d) Circuit Court Administrator.
Each circuit court administrator is selected or terminated by the chief judge subject to concurrence by a majority vote of the circuit and county judges of the respective circuits.
RULE 2.215. TRIAL COURT ADMINISTRATION
(e) Local Rules and Administrative Orders.
(1) Local court rules as defined in rule 2.120 may be proposed by a majority of the circuit and county judges in the circuit. The judges must notify the local bar within the circuit of the proposal, after which they must permit a representative of the local bar, and may permit any other interested person, to be heard orally or in writing on the proposal before submitting it to the supreme court for approval. When a proposed local rule is submitted to the supreme court for approval, the following procedure applies.
(A) Local court rule proposals must be submitted to the supreme court in January of each year. The supreme court may accept emergency proposals submitted at other times.
(B) The clerk of the supreme court submits all local court rule proposals to the Supreme Court Local Rules Advisory Committee by February 15 of each year. At the same time, the clerk of the supreme court sends copies of the proposed rules to the appropriate committees of The Florida Bar. The Florida Bar committees, any interested local bar associations, and any other
interested person must submit any comments or responses that
they wish to make to the Supreme Court Local Rules Advisory
Committee on or before March 15 of that year.
(C) The Supreme Court Local Rules Advisory Committee must meet on or before April 15 to consider the proposals and any comments submitted by interested parties. The committee must transmit its recommendations to the supreme court concerning each proposal, with the reasons for its recommendations, within 15 days after its meeting.
(D) The supreme court considers the committee’s recommendations and may resubmit the proposals with modifications to the committee for editorial comment only. The
supreme court may set a hearing on any proposals or consider
them on the recommendations and comments as submitted. If a
hearing is set, notice must be given to the chief judge of the circuit
from which the proposals originated, the executive director of The
Florida Bar, the chair of the Rules of General Practice and Judicial
Administration Committee of The Florida Bar, any local bar associations, and any interested persons who made comments on
the specific proposals to be considered. The supreme court must act on the proposals promptly after the recommendations are received or heard.
(E) A local court rule approved by the supreme court becomes effective on the date set by that court.
(F) The clerk of the circuit court where the local court rules take effect must index and record a copy in each applicable county of that circuit. A set of the recorded copies must be readily available for inspection as a public record and copies provided to any requesting party on payment of the cost of duplication. The chief judge of the circuit may publish the local court rules. The clerk of the supreme court must furnish copies of each approved local court rule to The Florida Bar’s executive director.
(2) Any judge or member of The Florida Bar who believes that an administrative order promulgated under subdivision (b)(2) of this rule is a court rule or a local rule as defined in rule 2.120, rather than an administrative order, may apply to the Supreme Court Local Rules Advisory Committee for a decision on the question. The decisions of the committee concerning the determination of the question must be reported to the supreme court, and the court must follow the procedure set forth in subdivision (D) above in considering the recommendation of the committee.
(3) The clerk of the circuit court where the administrative order takes effect must index and record all administrative orders of a general and continuing nature and other orders designated by the chief judge in each county where the orders are effective. A set of the recorded copies must be readily available for inspection as a public record and copies provided to any requesting party on payment of the cost of duplication. The chief judge of the circuit must publish all administrative orders of a general and continuing nature on the circuit’s website. The chief judge must, direct a review of all local administrative orders on an annual basis to ensure that the set of copies maintained by the clerk remains current and does not conflict with supreme court or local rules.
(4) All local court rules entered under this section must
be numbered sequentially for each respective judicial circuit.
RULE 2.215. TRIAL COURT ADMINISTRATION
(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.
RULE 2.215. TRIAL COURT ADMINISTRATION
(g) Timely Rulings.
(1) Judge’s Duty.
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.
(2) Notice of Pending Matter.
A party may file with the clerk a notice using form 2.604 that a matter has been held under advisement or is ready for disposition and remains pending without judicial action for more than 60 days. The party must serve a copy of the notice on the presiding judge.
RULE 2.215. TRIAL COURT ADMINISTRATION
(h) Duty to Expedite Priority Cases.
Every judge has a duty to expedite priority cases to the extent reasonably possible. Priority cases are those cases that have been assigned a priority status or assigned an expedited disposition schedule by statute, rule of procedure, case law, or otherwise. Particular attention must be given to all juvenile dependency and termination of parental rights cases, cases involving families and children in need of services, challenges involving elections and proposed constitutional amendments, and capital postconviction cases. The chief judge has the discretion to create a postconviction division to handle capital postconviction, as well as non-capital postconviction cases, and may assign 1 or more judges to that division.
RULE 2.215. TRIAL COURT ADMINISTRATION
(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.
RULE 2.215. TRIAL COURT ADMINISTRATION
(j) Status Conference after Compilation of Record in
Death Case.
In any proceeding in which a defendant has been sentenced to death, the circuit judge assigned to the case must take action necessary to ensure that a complete record on appeal has
been properly prepared. The judge must convene a status
conference with all counsel of record as soon as possible after the
record has been prepared under rule of appellate procedure
9.200(d) but before the record has been transmitted. The purpose of the status conference is to ensure that the record is complete.
RULE 2.220. 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.
RULE 2.220. CONFERENCES OF JUDGES
(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.
RULE 2.220. CONFERENCES OF JUDGES
(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.
RULE 2.220. CONFERENCES OF JUDGES
(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. 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.
RULE 2.225. JUDICIAL MANAGEMENT COUNCIL
(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.
RULE 2.225. JUDICIAL MANAGEMENT COUNCIL
(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.
RULE 2.225. JUDICIAL MANAGEMENT COUNCIL
(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.
RULE 2.225. JUDICIAL MANAGEMENT COUNCIL
(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. 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.
RULE 2.230. TRIAL COURT BUDGET COMMISSION
(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.
RULE 2.230. TRIAL COURT BUDGET COMMISSION
(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.
RULE 2.230. TRIAL COURT BUDGET COMMISSION
(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.
RULE 2.230. TRIAL COURT BUDGET COMMISSION
(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.
RULE 2.230. TRIAL COURT BUDGET 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 the rule. Sufficient resources will also be provided for the commission and its subcommittees to meet and otherwise complete its work.
RULE 2.235. 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.
RULE 2.235. DISTRICT COURT OF APPEAL BUDGET
COMMISSION
(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;
(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.
RULE 2.235. DISTRICT COURT OF APPEAL BUDGET
COMMISSION
(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.
RULE 2.235. DISTRICT COURT OF APPEAL BUDGET
COMMISSION
(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.
RULE 2.235. DISTRICT COURT OF APPEAL BUDGET
COMMISSION
(e) Membership and Organization.
