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Rules of Judicial Admin. reorganization.

In response to a request by the Florida Supreme Court, The Florida Bar's Rules of Judicial Administration Committee has submitted to the court an out-of-cycle report proposing the reorganization of the Florida Rules of Judicial Administration. In conjunction with the rules committee's proposals, the court proposes new rule 2.140(g), entitled "Amendments to the Rules of Judicial Administration." The proposed rule outlines which Rules of Judicial Administration will be considered and adopted by the court without reference to or proposal from the rules committee. The court invites all interested persons to comment on the proposed amendments, which are reproduced in full below, as well as online at An original and nine paper copies of all comments must be filed with the court on or before February 15, with a certificate of service verifying that a copy has been served on Judge Winifred J. Sharp, Committee Chair, Fifth District Court of Appeal, 300 South Beach Street, Daytona Beach 32114-5002, as well as a separate request for oral argument if the person filing the comment wishes to participate in oral argument, which may be scheduled in this case. Electronic copies of all comments also must be filed in accordance with the court's administrative order In re Mandatory Submission of Electronic Copies of Documents, Fla. Admin. Order No. AOSC04-84 (Sept. 13, 2004).


Proposed Reorganization of Rules:




[begin strikethrough]2.010[end strikethrough] 2.110 [begin
strikethrough]Effective Date and[end strikethrough] Scope and Purpose

[begin strikethrough]2.020[end strikethrough] 2.120 Definitions
 (a) Court Rule
 (b) Local Court Rule
 (c) Administrative Order

[begin strikethrough]2.135[end strikethrough] 2.130 Priority of
Conflicting Appellate Rules

[begin strikethrough]2.130[end strikethrough] 2.140 [begin
strikethrough]Procedure for[end strikethrough] Amending Rules of Court
 ([begin strikethrough]b[end strikethrough] a) Amendments Generally
 ([begin strikethrough]c[end strikethrough] b) Schedule for Rules
 ([begin strikethrough]d[end strikethrough] c) Rejected Proposals
 ([begin strikethrough]a[end strikethrough] d) Emergency Amendments
 by Court
 (e) Emergency Recommendations by Committee
 (f) Request by Court
 (g) Amendments to the Rules of Judicial Administration
 (h) Local Rules Proposed by Trial Courts


[begin strikethrough]2.030[end strikethrough] 2.205 The Supreme Court
 (a) Internal Government
 (b) Clerk
 (c) Librarian
 (d) Marshal
 (e) State Courts Administrator
 (f) Open Sessions
 (g) Designation of Assigned Judges

[begin strikethrough]2.040[end strikethrough] 2.210 District Courts of
 (a) Internal Government
 (b) Clerk
 (c) Marshal
 (d) Open Sessions
 (e) Designation of Assigned Judges

[begin strikethrough]2.050[end strikethrough] 2.215 Trial Court
 (a) Purpose
 (b) Chief Judge
 (c) Selection
 (d) Circuit Court Administrator
 (e) Local Rules and Administrative Orders
 (f) Duty to Rule within a Reasonable Time
 (g) Duty to Expedite Priority Cases
 (h) Neglect of Duty
 (i) Status Conference after Compilation of Record in Death Case

[begin strikethrough]2.120[end strikethrough] 2.220 Conference of
County Court Judges
 (a) Creation
 (b) Purpose
 (c) Officers
 (d) Authority

[begin strikethrough]2.125[end strikethrough] 2.225 Judicial
Management Council
 (a) Creation and Responsibilities
 (b) Schedule of Reports
 (c) Supreme Court Action on Recommendation by the
 Judicial Management Council
 (d) Membership and Organization
 (e) Staff Support and Funding

[begin strikethrough]2.053[end strikethrough] 2.230 Trial Court
Budget Commission
 (a) Purpose
 (b) Responsibilities
 (c) Operational Procedures
 (d) Action by Supreme Court or Chief Justice on Recommendations
 of Trial Court Budget Commission
 (e) Membership and Organization
 (f) Staff Support and Funding

[begin strikethrough]2.054[end strikethrough] 2.235 District Court
of Appeal Budget Committee
 (a) Purpose
 (b) Responsibilities
 (c) Operational Procedures
 (d) Action by Supreme Court or Chief Justice on Recommendations
 of District Court of Appeal Budget Commission
 (e) Membership and Organization
 (f) Staff Support and Funding

[begin strikethrough]2.035[end strikethrough] 2.240 Determination
of Need For Additional Judges
 (a) [begin strikethrough]Statement of Purpose[end strikethrough]
 (b) Criteria
 (c) Additional Workload Factors
 (d) Certification Process

[begin strikethrough]2.080(a)(b)[end strikethrough] 2.245 [begin
strikethrough]Uniform[end strikethrough] Case Reporting System for
Trial Courts
 (a) Reporting
 (b) Uniform Case Numbering System

[begin strikethrough]2.85(f)(g)[end strikethrough] 2.250 Time
Standards for Trial and Appellate Courts And Reporting Requirements
 (a) Time Standards
 (b) Reporting of Cases

[begin strikethrough]2.100[end strikethrough] 2.255 Statewide Grand
Jury[begin strikethrough]: Compilation of Lists; Excusal of
Prospective Jurors[end strikethrough]
 (a) Procedure
 (b) Population
 (c) Excuses

[begin strikethrough]2.180[end strikethrough] 2.260 Change of Venue
[begin strikethrough]Procedures[end strikethrough]
 (a) Preliminary Procedures
 (b) Presiding Judge
 (c) Reimbursement of Costs
 (d) Documentation of Costs
 (e) Timing of Reimbursement
 (f) Media Relations
 (g) Case File

[begin strikethrough]2.110[end strikethrough] 2.265 [begin
strikethrough]Administration of[end strikethrough] Municipal
Ordinance Violations
 (a) References to Abolished Municipal Courts
 (b) Costs in County Courts
 (c) Collection of Outstanding Fines
 (d) Judicial Notice of Municipal Ordinances
 (d) Style of Municipal Ordinance Cases


[begin strikethrough]2.140[end strikethrough] 2.310 Judicial
Discipline, Removal, Retirement and Suspension
 (a) Filing
 (b) Procedure
 (c) Costs

[begin strikethrough]2.150[end strikethrough] 2.320 Continuing
Judicial Education
 (a) Purpose [begin strikethrough]and Effective Date[end
 (b) Education Requirements
 (c) Course Approval
 (d) Waiver
 (e) Reporting Requirements and Sanctions

[begin strikethrough]2.160[end strikethrough] 2.330 Disqualification
of Trial Judges
 (a) Application
 (b) Parties
 (c) Motion
 (d) Grounds
 (e) Time
 (f) Determination--Initial Motion
 (g) Determination--Successive Motions
 (h) Prior Rulings
 (i) Judge's Initiative
 (j) Time for Determination


[begin strikethrough]2.072[end strikethrough] 2.410 Possession of
Court Records

[begin strikethrough]2.051[end strikethrough] 2.420 Public Access
to Judicial Branch Records
 [begin strikethrough](a) Generally[end strikethrough] Scope and
 (b) Definitions
 (c) Exemptions
 (d) Judicial Review of Denial of Access Request
 (e) Procedure

[begin strikethrough]2.075[end strikethrough] 2.430 Retention of
Court Records
 (a) Definitions
 (b) Required Consent
 (c) Permanently Recorded Records
 (d) Records Not Permanently Recorded
 (e) Records to be Retained Permanently
 (f) Court Reporters' Notes
 (g) Exhibits
 (h) Disposition Other Than Destruction
 (i) Release of Court Records
 (j) Right to Expunge Records
 (k) Sealed Records

[begin strikethrough]2.076[end strikethrough] 2.440 Retention of
Judicial Branch Administrative Records
 (a) Definitions
 (b) Retention Requirements

[begin strikethrough]2.170[end strikethrough] 2.450 [begin
strikethrough]Standards of Contract and Technology Governing
Electronic Media and Still Photography[end strikethrough]

Technological Coverage of Judicial Proceedings
 (a) Electronic and Still Photography Allowed
 (b) Equipment and Personnel
 (c) Sound and Light Criteria
 (d) Location of Equipment Personnel
 (e) Movement During Proceedings
 (f) Courtroom Light Sources
 (g) Conferences of Counsel
 (h) Impermissible Use of Media Material
 (i) Appellate Review



[begin strikethrough]2.060(a)(b)(f)(g)(h)(i)(j)(k)[end strikethrough]
2.505 Attorneys
 [begin strikethrough](a)[end strikethrough] Generally Scope and
 (b) Persons Employed by the Court Not to Practice
 (c) Attorney Not to be Surety
 (d) Stipulations
 (e) Appearance of Attorney
 (f) Termination of Appearance of Attorney
 (g) Law Student Participation
 (h) Attorney as Agent of Client

[begin strikethrough]2.061[end strikethrough] 2.510 Foreign Attorneys
 (a) Eligibility
 (b) Contents of Verified Motion


[begin strikethrough]2.060(c)(d)(e)[end strikethrough] 2.515 Signature
of Attorneys and Parties
 [begin strikethrough](a) Pleadings to be Signed[end strikethrough]
 Attorney Signature
 [begin strikethrough](b) Party Not Represented by Attorney to
 Sign[end strikethrough] Pro Se Litigant Signature
 (c) Form of Signature [begin strikethrough]of Attorney, Party, or
 Other Person 2.055[end strikethrough]

2.520 Paper
 (a) Type and Size
 (b) Exhibits
 (c) Recording Space
 (d) Exceptions to Recording Space
 (e) Noncompliance

[begin strikethrough]2.090[end strikethrough] 2.525 Electronic Filing
[begin strikethrough]Of Matters In All Proceedings Withing the State
Courts System[end strikethrough]
 (a) Definition
 (b) Application
 (c) Documents Affected
 (d) Service
 (e) Transmission Difficulties
 (f) Administration

[begin strikethrough]2.071[end strikethrough] 2.530 [begin
strikethrough]Use of[end strikethrough] Communication Equipment
 (a) Definition
 (b) Use by All Parties
 (c) Use Only by Requesting Party
 (d) Testimony
 (e) Burden of Expense
 (f) [begin strikethrough]Petition to[end strikethrough] Override of
 Family Violence Indicator

[begin strikethrough]2.070[end strikethrough] 2.535 Court Reporting
 (a) Definition
 (b) When Court Reporting Required
 (c) Record
 (d) Fees
 (e) Transcripts
 (f) Reporter as Officer of Court
 (g) Court Reporting Services Provided in Mental Health Proceedings
 or at Public Expenses
 (h) Court Reporting Services in Capital Cases

[begin strikethrough]2.065[end strikethrough] 2.540 Notices to Persons
With Disabilities

[begin strikethrough]2.085(a)(b)(c)(d)[end strikethrough] 2.545 Case
Management [begin strikethrough]and Time Standards for Trial and
Appellate Courts
 (a) Purpose
 (b) Case Control
 (c) Priority Cases
 (d) Related Cases
 (e) Continuances

[begin strikethrough]2.052[end strikethrough] 2.550 Calendar Conflicts
 (a) Guidelines
 (b) Additional Circumstances
 (c) Notice and Agreement; Resolution by Judges

[begin strikethrough]2.080(c)(d)(e)[end strikethrough] 2.555 [begin
strikethrough]Uniform Case Reporting System for Trial Courts[end

Initiation of Criminal Proceedings
 (a) Major Statutory Offense
 (b) Ordinance Violations
 (c) Information or Indictment after County Court Proceedings Begun

Proposed Amendments to Renumbered Rule 2.140: Rule 2.140. [begin strikethrough]Procedure for[end strikethrough] Amending Rules of Court

(a)-(f) [No change]

(g) Amendments to the Rules of Judicial Administration.

(1) Amendments Without Referral to Rules Committee. Changes to the Rules of 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 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 Internet websites of the supreme court and The Florida Bar and in the Florida Bar Journal or Florida Bar News. Any person may file comments concerning the change, in accordance with the procedures set forth in subdivision (b)(6) of this rule. The court may hear oral argument on the change. Notice of the hearing on the change and a copy of the change shall be provided in accordance with subdivision (d) of this rule.

(2) Other Amendments. Amendments to all other Rules of Judicial Administration shall be referred to or proposed by the Rules of Judicial Administration Committee and adopted by the supreme court as provided in subdivisions (a), (b), (c), (d), (e), and (f) of this rule.

[begin strikethrough](g)[end strikethrough](h) Local Rules Proposed by Trial Courts. [No change]

Committee Notes

[No change]
COPYRIGHT 2006 Florida Bar
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 2006 Gale, Cengage Learning. All rights reserved.

Article Details
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Title Annotation:Notice
Publication:Florida Bar News
Date:Jan 15, 2006
Previous Article:Amendments to the Rules of Civil Procedure.
Next Article:Disciplinary actions.

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