The opinion
Supreme Court of Florida
____________
No. SC21-1049
____________
IN RE: AMENDMENTS TO THE FLORIDA RULES OF CIVIL
PROCEDURE, FLORIDA RULES OF GENERAL PRACTICE AND
JUDICIAL ADMINISTRATION, FLORIDA RULES OF CRIMINAL
PROCEDURE, FLORIDA PROBATE RULES, FLORIDA RULES OF
TRAFFIC COURT, FLORIDA SMALL CLAIMS RULES, FLORIDA
RULES OF JUVENILE PROCEDURE, FLORIDA RULES OF
APPELLATE PROCEDURE, AND FLORIDA FAMILY LAW RULES
OF PROCEDURE.
October 28, 2021
PER CURIAM.
Before the Court is the Joint Report on Correction of
References to the Florida Rules of General Practice and Judicial
Administration filed by The Florida Bar’s Rules of Court Committees
(Committees) proposing amendments to several rules of procedure
used in Florida Courts. 1 We have jurisdiction. See art. V, § 2(a),
Fla. Const. See also Fla. R. Gen. Prac. & Jud. Admin. 2.140(b)(1).
1. The joint report was filed by the following committees: the
Rules of Civil Procedure Committee, the Rules of General Practice
and Judicial Administration Committee, the Criminal Procedure
Rules Committee, the Probate Rules Committee, the Traffic Court
Recently, in In re Amendments to the Florida Rules of Judicial
Administration—2020 Regular-Cycle Report, 310 So. 3d 374 (Fla.
2021), the Court amended Florida Rule of General Practice and
Judicial Administration 2.110 (Scope and Purpose) to change the
title of the “Florida Rules of Judicial Administration” to “Florida
Rules of General Practice and Judicial Administration.” Id. at 375-
76. The Court made this change to emphasize to all Bar members
that such rules are relevant not just to judges, but to those engaged
in the day-to-day practice of law as well. Id. at 376.
To ensure the title is accurately referenced throughout the
Florida rules of court procedure, the Committees propose amending
several bodies of rules to replace references to the “Florida Rules of
Judicial Administration” with the “Florida Rules of General Practice
and Judicial Administration.” The Board of Governors of The
Florida Bar unanimously approved the Committees’ proposal.
Rules Committee, the Small Claims Rules Committee, the Juvenile
Court Rules Committee, the Appellate Court Rules Committee, and
the Family Law Rules Committee.
-2-
Upon consideration of these straightforward amendments, the
Court hereby amends various Florida rules of court procedure as
proposed by the Committees, except that it declines, in this
proceeding, to adopt the proposed amendments to Florida Rules of
Civil Procedure 1.280 (General Provisions Governing Discovery) and
1.340 (Interrogatories to Parties), because the needed revisions have
already been made by our recent decision in In re Amendments to
Florida Rules of Civil Procedure 1.280 & 1.340, No. SC21-120 (Fla.
Oct. 7, 2021).
Accordingly, the Florida Rules of Civil Procedure, Florida Rules
of General Practice and Judicial Administration, Florida Rules of
Criminal Procedure, Florida Probate Rules, Florida Rules of Traffic
Court, Florida Small Claims Rules, Florida Rules of Juvenile
Procedure, Florida Rules of Appellate Procedure, and Florida Family
Law Rules of Procedure are amended as set forth in the appendix to
this opinion. New language is indicated by underscoring, and
deletions are indicated by struck-through type. The Florida Family
Law Rules of Procedure forms are fully engrossed and ready to use;
these forms may be accessed and downloaded from the Florida
Courts website at https://www.flcourts.org/Resources-
-3-
Services/Court-Improvement/Family-Courts/Family-Law-
Forms. By adoption of the amended family law forms, we express
no opinion as to their correctness or applicability.
The amendments shall become effective immediately upon the
release of this opinion. Because the amendments were not
published for comment previously, interested persons shall have
seventy-five days from the date of this opinion in which to file
comments with the Court.2
It is so ordered.
CANADY, C.J., and POLSTON, LABARGA, LAWSON, MUÑIZ,
COURIEL, and GROSSHANS, JJ., concur.
THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER
THE EFFECTIVE DATE OF THESE AMENDMENTS.
2. All comments must be filed with the Court on or before
January 11, 2022, 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. If filed by an
attorney in good standing with The Florida Bar, the comment must
be electronically filed via the Florida Courts E-Filing Portal (Portal)
in accordance with In re Electronic Filing in the Supreme Court of
Florida via the Florida Courts E-Filing Portal, Fla. Admin. Order No.
AOSC13-7 (Feb. 18, 2013). If filed by a nonlawyer or a lawyer not
licensed to practice in Florida, the comment may be, but is not
required to be, filed via the Portal. Any person unable to submit a
comment electronically must mail or hand-deliver the originally
signed comment to the Florida Supreme Court, Office of the Clerk,
500 South Duval Street, Tallahassee, Florida 32399-1927; no
additional copies are required or will be accepted.
-4-
Original Proceeding – Florida Rules of Civil Procedure, Florida Rules
of General Practice and Judicial Administration, Florida Rules of
Criminal Procedure, Florida Probate Rules, Florida Rules of Traffic
Court, Florida Small Claims Rules, Florida Rules of Juvenile
Procedure, Florida Rules of Appellate Procedure, and Florida Family
Law Rules of Procedure
Jason Paul Stearns, Chair, Civil Procedure Rules Committee,
Tampa, Florida; Stanford R. Solomon, Chair, Rules of General
Practice and Judicial Administration Committee, Tampa, Florida;
Alan Scott Apte, Chair, Criminal Procedure Rules Committee,
Orlando, Florida; Cady L. Huss, Chair, Florida Probate Rules
Committee, Sarasota, Florida; Carter T. Hillstrom, Chair, Traffic
Court Rules Committee, Fort Lauderdale, Florida; Kevin McKinley
Stone, Chair, Small Claims Rules Committee, Mount Dora, Florida;
Candice Kaye Brower, Chair, Juvenile Court Rules Committee,
Gainesville, Florida; Laura Roe, Chair, Appellate Court Rules
Committee, St. Petersburg, Florida; Ashley Elizabeth Taylor, Chair,
Family Law Rules Committee, Tampa, Florida; and Joshua E.
Doyle, Executive Director, Krys Godwin and Mikalla Andies Davis,
Staff Liaisons, The Florida Bar, Tallahassee, Florida,
for Petitioners
-5-
APPENDIX
FLORIDA RULES OF CIVIL PROCEDURE
RULE 1.020. PRIVACY AND COURT RECORDS
Every pleading or other document filed with the court must
comply with Florida Rules of General Practice and Judicial
Administration 2.420, Public Access to and Protection of Judicial
Branch Records and 2.425, Minimization of the Filing of Sensitive
Information.
RULE 1.090. TIME
(a) Computation. Computation of time shall be governed by
Florida Rule of General Practice and Judicial Administration 2.514.
(b) [NO CHANGE]
(c) [NO CHANGE]
(d) [NO CHANGE]
RULE 1.170. COUNTERCLAIMS AND CROSSCLAIMS
(a)-(f) [NO CHANGE]
(g) Crossclaim against Co-Party. A pleading may state as a
crossclaim any claim by one party against a co-party arising out of
the transaction or occurrence that is the subject matter of either
the original action or a counterclaim therein, or relating to any
property that is the subject matter of the original action. The
crossclaim may include a claim that the party against whom it is
asserted is or may be liable to the crossclaimant for all or part of a
claim asserted in the action against the crossclaimant. Service of a
crossclaim on a party who has appeared in the action must be
made pursuant tounder Florida Rule of General Practice and
-6-
Judicial Administration 2.516. Service of a crossclaim against a
party who has not appeared in the action must be made in the
manner provided for service of summons.
(h)-(j) [NO CHANGE]
Committee Notes
[NO CHANGE]
RULE 1.310. DEPOSITIONS UPON ORAL EXAMINATION
(a)-(e) [NO CHANGE]
(f) Filing; Exhibits.
(1)-(2) [NO CHANGE]
(3) A copy of a deposition may be filed only under the
following circumstances:
(A) It may be filed in compliance with Florida Rule
of General Practice and Judicial Administration 2.425
and rule 1.280(g) by a party or the witness when the
contents of the deposition must be considered by the
court on any matter pending before the court. Prompt
notice of the filing of the deposition must be given to all
parties unless notice is waived. A party filing the
deposition must furnish a copy of the deposition or the
part being filed to other parties unless the party already
has a copy.
(B) [NO CHANGE]
(g)-(h) [NO CHANGE]
Committee Notes
-7-
[NO CHANGE]
Court Commentary
[NO CHANGE]
RULE 1.350. PRODUCTION OF DOCUMENTS AND THINGS
AND ENTRY UPON LAND FOR INSPECTION AND
OTHER PURPOSES
(a)-(c) [NO CHANGE]
(d) Filing of Documents. Unless required by the court, a
party shall not file any of the documents or things produced with
the response. Documents or things may be filed in compliance with
Florida Rule of General Practice and Judicial Administration 2.425
and rule 1.280(g) when they should be considered by the court in
determining a matter pending before the court.
Committee Notes
[NO CHANGE]
RULE 1.351. PRODUCTION OF DOCUMENTS AND THINGS
WITHOUT DEPOSITION
(a) [NO CHANGE]
(b) Procedure. A party desiring production under this rule
shall serve notice as provided in Florida Rule of General Practice
and Judicial Administration 2.516 on every other party of the intent
to serve a subpoena under this rule at least 10 days before the
subpoena is issued if service is by delivery or e-mail and 15 days
before the subpoena is issued if the service is by mail. The proposed
subpoena shall be attached to the notice and shall state the time,
place, and method for production of the documents or things, and
the name and address of the person who is to produce the
-8-
documents or things, if known, and if not known, a general
description sufficient to identify the person or the particular class
or group to which the person belongs; shall include a designation of
the items to be produced; and shall state that the person who will
be asked to produce the documents or things has the right to object
to the production under this rule and that the person will not be
required to surrender the documents or things. A copy of the notice
and proposed subpoena shall not be furnished to the person upon
whom the subpoena is to be served. If any party serves an objection
to production under this rule within 10 days of service of the notice,
the documents or things shall not be produced pending resolution
of the objection in accordance with subdivision (d).
(c)-(f) [NO CHANGE]
Committee Notes
[NO CHANGE]
RULE 1.440. SETTING ACTION FOR TRIAL
(a)-(b) [NO CHANGE]
(c) Setting for Trial. If the court finds the action ready to be
set for trial, it shall enter an order fixing a date for trial. Trial shall
be set not less than 30 days from the service of the notice for trial.
By giving the same notice the court may set an action for trial. In
actions in which the damages are not liquidated, the order setting
an action for trial shall be served on parties who are in default in
accordance with Florida Rule of General Practice and Judicial
Administration 2.516.
(d) [NO CHANGE]
Committee Notes
[NO CHANGE]
-9-
Court Commentary
[NO CHANGE]
RULE 1.442. PROPOSALS FOR SETTLEMENT
(a)-(b) [NO CHANGE]
(c) Form and Content of Proposal for Settlement.
(1) [NO CHANGE]
(2) A proposal shall:
(A)-(F) [NO CHANGE]
(G) include a certificate of service in the form
required by Florida Rule of General Practice and Judicial
Administration 2.516.
(3)-(4) [NO CHANGE]
(d)-(e) [NO CHANGE]
(f) Acceptance and Rejection.
(1) A proposal shall be deemed rejected unless accepted
by delivery of a written notice of acceptance within 30 days after
service of the proposal. The provisions of Florida Rule of General
Practice and Judicial Administration 2.514(b) do not apply to this
subdivision. No oral communications shall constitute an
acceptance, rejection, or counteroffer under the provisions of this
rule.
(2) [NO CHANGE]
(g)-(j) [NO CHANGE]
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Committee Notes
[NO CHANGE]
RULE 1.470. EXCEPTIONS UNNECESSARY; JURY
INSTRUCTIONS
(a) [NO CHANGE]
(b) Instructions to Jury. The Florida Standard Jury
Instructions appearing on The Florida Bar’s website may be used,
as provided in Florida Rule of General Practice and Judicial
Administration 2.570, by the trial judges in instructing the jury in
civil actions. Not later than at the close of the evidence, the parties
shall file written requests that the court instruct the jury on the law
set forth in such requests. The court shall then require counsel to
appear before it to settle the instructions to be given. At such
conference, all objections shall be made and ruled upon and the
court shall inform counsel of such instructions as it will give. No
party may assign as error the giving of any instruction unless that
party objects thereto at such time, or the failure to give any
instruction unless that party requested the same. The court shall
orally instruct the jury before or after the arguments of counsel and
may provide appropriate instructions during the trial. If the
instructions are given prior to final argument, the presiding judge
shall give the jury final procedural instructions after final
arguments are concluded and prior to deliberations. The court shall
provide each juror with a written set of the instructions for his or
her use in deliberations. The court shall file a copy of such
instructions.
(c) [NO CHANGE]
Committee Notes
[NO CHANGE]
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FORM 1.983. PROSPECTIVE JUROR QUESTIONNAIRE
DIRECTIONS TO ATTORNEYS AND PRO SE LITIGANTS: Before
you file a copy of this form, redact the month and date
of the prospective juror’s birth in question #3,
but retain the year of birth.
Fla. R. Gen. Prac. & Jud. Admin. 2.425(a)(2).
QUESTIONNAIRE FOR PROSPECTIVE JURORS
1. Name (print)
........……………………...................................................................
(first) (middle) (last)
2. Residence address
……………………...................................................................
(street and number)
............................................................................................
(city) (zip)
3. Date of Birth
……………………...................................................................
Sex .................................... Occupation...............................
4. Do you understand the English language?
........................................ ......................................
(yes) (no)
5. Do you read and write the English language?
...................................... .......................................
(yes) (no)
6. Have you ever been convicted of a crime and not restored to
your civil rights?
................................... ......................................
(yes) (no)
If “yes,” state the nature of crime(s), the date of the
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conviction(s), and the name of the court(s) in which you were
convicted:
…………………………………………………………………………………
.………………………………………………………………………………..
7. Are there any criminal charges pending against you of which
you are aware?
.................................. .....................................
(yes) (no)
If “yes,” state the nature of the charge and the name of the
court (s) in which the case(s) is pending:
……………………………………………………………………………….
.………………………………………………………………………………
8. FULL TIME LAW ENFORCEMNT OFFICERS AND LAW
ENFORCEMENT INVESTIGATIVE PERSONNEL ONLY. Section
40.013(2)(b), Florida Statues, provides that “[a]ny full-time federal
state, or local law enforcement officer or such entities’ investigative
personal shall be excused from jury service unless such persons
choose to serve.” Do you choose to serve?
............................... ......................................
(yes) (no)
9. List any official executive office you now hold with the federal,
state, or ………. county government:
………………………………………………………………………………
………………………………………………………………………………
10. Is your hearing good? ............................. ...........................
(yes) (no)
Is your eyesight good? ............................ ............................
(yes) (no)
(The court may require a medical certificate.)
11. Do you have any physical or mental disability that would
interfere with your service as a juror?
............................... ..................................
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(yes) (no)
If “yes,” state the nature:
……………………………………………...................................……
(The court may require a medical certificate.)
12. Do you know of any reason (s) why you cannot serve as a
juror?
............................... ......................................
(yes) (no)
If “yes,” state the reason (s):
……………………………………………………………………………….
……………………………………………………………………………….
13. EXPECTANT MOTHERS AND PARENTS ONLY: Section
30.013(4), Florida Statutes, provides that “[a]ny expectant mother
and parent who is not employed full time and who has custody of
a child under 6 years of age, upon request, shall be excused from
jury service. Do you want to be excused under this provision?
............................... ......................................
(yes) (no)
If “yes,” what are the ages of your children?
................................................................................................
Signature
This is not a summons for jury duty. If your name is later
drawn for jury service, you will be summoned by clerk of court by
mail.
NOTE: This form does not use a caption as shown in form
1.901. It may be headed with the designation of the jury authority
charged by law with the selection of prospective jurors.
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FORM 1.997. CIVIL COVER SHEET
The civil cover sheet and the information contained in it neither
replace nor supplement the filing and service of pleadings or other
documents as required by law. This form must be filed by the
plaintiff or petitioner with the Clerk of Court for the purpose of
reporting uniform data pursuant to section 25.075, Florida
Statutes. (See instructions for completion.)
I. [NO CHANGE]
II. [NO CHANGE]
III. [NO CHANGE]
IV. [NO CHANGE]
V. [NO CHANGE]
VI. [NO CHANGE]
VII. [NO CHANGE]
VIII. IS JURY TRIAL DEMANDED IN COMPLAINT?
yes
no
I CERTIFY that the information I have provided in this cover sheet
is accurate to the best of my knowledge and belief, and that I have
read and will comply with the requirements of Florida Rule of
General Practice and Judicial Administration 2.425.
Signature Fla. Bar #
Attorney or party (Bar # if attorney)
(type or print name) Date
- 15 -
FORM 1.997. INSTRUCTIONS FOR ATTORNEYS COMPLETING
CIVIL COVER SHEET
Plaintiff must file this cover sheet with the first document filed in
the action or proceeding (except small claims cases, probate, or
family cases). Domestic and juvenile cases should be accompanied
by a completed Florida Family Law Rules of Procedure Form
12.928, Cover Sheet for Family Court Cases. Failure to file a civil
cover sheet in any civil case other than those excepted above may
result in sanctions.
I. [NO CHANGE]
II. [NO CHANGE]
III. [NO CHANGE]
IV. [NO CHANGE]
V. [NO CHANGE]
VI. [NO CHANGE]
VII. [NO CHANGE]
VIII. [NO CHANGE]
ATTORNEY OR PARTY SIGNATURE. Sign the civil cover sheet.
Print legibly the name of the person signing the civil cover sheet.
Attorneys must include a Florida Bar number. Insert the date the
civil cover sheet is signed. Signature is a certification that the filer
has provided accurate information on the civil cover sheet, and has
read and complied with the requirements of Florida Rule of
General Practice and Judicial Administration 2.425.
- 16 -
FORM 1.999. ORDER DESIGNATING A CASE COMPLEX
This form order is for designating a case complex under rule 1.201
and directing the clerk of court to update the court’s records and to
report the case activity to the Supreme Court.
ORDER DESIGNATING CASE A “COMPLEX CASE”
DIRECTIONS TO THE CLERK OF COURT
THIS CAUSE was considered on [the court’s own motion] [the
motion of a party] to designate this case a “complex case” as defined
in rule 1.201, Fla. R. Civ. P. Being fully advised in the
circumstances, the court determines that the case meets the
criteria for proceeding under the rule and designates it as a
“complex case.”
The clerk of the court shall designate this case a “complex
case,” update the court’s records accordingly, and report such
designation and the case activity to the Supreme Court pursuant to
section 25.075, Florida Statutes, and rule 2.245(a), Fla. R. Gen.
Prac. & Jud. Admin.
DONE AND ORDERED at ………. County, Florida, on .....(date)......
Judge
FLORIDA RULES OF GENERAL PRACTICE AND JUDICIAL
ADMINISTRATION
RULE 2.140. AMENDING RULES OF COURT
(a) Amendments Generally. The following procedure shall
be followed for consideration of rule amendments generally other
than those adopted under subdivisions (d), (e), (f), and (g):
(1)-(2) [NO CHANGE]
(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
- 17 -
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) [NO CHANGE]
(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.
- 18 -
(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) [NO CHANGE]
(C) The Rules of General Practice and Judicial
Administration Committee shall be responsible for filing the
comprehensive final report.
(b)-(f) [NO CHANGE]
(g) Amendments to the Rules of General Practice and
Judicial Administration.
(1) Amendments Without Referral to Rules Committee.
Changes to the Rules of General Practice and Judicial
Administration contained in Part II, State Court Administration, of
these rules, and rules 2.310, and 2.320, contained in Part III,
Judicial Officers, generally will be considered and adopted by the
supreme court without reference to or proposal from the Rules of
General Practice and Judicial Administration Committee. The
supreme court may amend rules under this subdivision at any
time, with or without notice. If a change is made without notice, the
court shall fix a date for future consideration of the change and the
change shall be published on the websites of the supreme court and
The Florida Bar, and in The Florida Bar News. Any person may file
comments concerning the change, in accordance with the
procedures set forth in subdivision (b)(6). The court may hear oral
argument on the change. Notice of the oral argument on the
- 19 -
change, if scheduled, and a copy of the change shall be provided in
accordance with subdivision (d).
(2) Other Amendments. Amendments to all other Rules
of General Practice and Judicial Administration shall be referred to
or proposed by the Rules of General Practice and Judicial
Administration Committee and adopted by the supreme court as
provided in subdivisions (a), (b), (c), (d), (e), and (f).
(h) [NO CHANGE]
Committee Notes
[NO CHANGE]
RULE 2.215. TRIAL COURT ADMINISTRATION
(a)-(d) [NO CHANGE]
(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 shall notify the local bar within the circuit of the
proposal, after which they shall permit a representative of the local
bar, and may permit any other interested person, to be heard orally
or in writing on the proposal before submitting it to the supreme
court for approval. When a proposed local rule is submitted to the
supreme court for approval, the following procedure shall apply:
(A)-(C) [NO CHANGE]
(D) The supreme court shall consider the
recommendations of the committee and may resubmit the proposals
with modifications to the committee for editorial comment only. The
supreme court may set a hearing on any proposals, or consider
them on the recommendations and comments as submitted. If a
hearing is set, notice shall 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
- 20 -
associations, and any interested persons who made comments on
the specific proposals to be considered. The supreme court shall act
on the proposals promptly after the recommendations are received
or heard.
(E)-(F) [NO CHANGE]
(2)-(4) [NO CHANGE]
(f)-(i) [NO CHANGE]
Committee Notes
[NO CHANGE]
Court Commentary
[NO CHANGE]
Criminal Court Steering Committee Note
[NO CHANGE]
RULE 2.240. DETERMINATION OF NEED FOR ADDITIONAL
JUDGES
(a) [NO CHANGE]
(b) Criteria.
(1) Trial Courts.
(A) Assessment of judicial need at the trial court
level is based primarily upon the application of case weights to
circuit and county court caseload statistics supplied to the Office of
the State Courts Administrator by the clerks of the circuit courts,
pursuant to rule 2.245, Florida Rules of General Practice and
Judicial Administration. Such case weights provide a quantified
measure of judicial time spent on case-related activity, translating
judicial caseloads into judicial workload by factoring in the relative
complexity by case type in the following manner:
- 21 -
(i)-(ii) [NO CHANGE]
(B)-(C) [NO CHANGE]
(2) District Courts of Appeal.
(A) The criteria for determining the need to certify
the need for increasing or decreasing the number of judges on a
district court of appeal shall include the following factors:
(i) [NO CHANGE]
(ii) efficiency factors to be considered
include: a court’s ability to stay current with its caseload, as
indicated by measurements such as trend in clearance rate; trends
in a court’s percentage of cases disposed within the time standards
set forth in the Rules of General Practice and Judicial
Administration and explanation/justification for cases not resolved
within the time standards; and a court’s utilization of resources,
case management techniques and technologies to maximize the
efficient adjudication of cases, research of legal issues, and
preparation and distribution of decisions.
(iii)-(iv) [NO CHANGE]
(B) [NO CHANGE]
(c) [NO CHANGE]
(d) Certification Process. The process by which certification
of the need to increase or decrease the number of judges shall
include:
(1)-(4) [NO CHANGE]
(5) The supreme court, in conjunction with the
certification process under this rule, shall also consider the
necessity for increasing, decreasing, or redefining appellate districts
and judicial circuits as required by article V, section 9, of the
Florida Constitution and as set forth in Florida Rule of General
Practice and Judicial Administration 2.241.
- 22 -
Court Commentary
1983 Adoption. [NO CHANGE]
2004 Amendment. [NO CHANGE]
2006 Amendment. [NO CHANGE]
2013 Amendment. Subdivision (d)(5) was added to ensure the
certification process under rule 2.240(d) is conducted in
conjunction with the related process for determinations regarding
increases, decreases, or redefinition of appellate districts and
judicial circuits under Florida Rule of General Practice and Judicial
Administration 2.241.
RULE 2.241. DETERMINATION OF THE NECESSITY TO
INCREASE, DECREASE, OR REDEFINE JUDICIAL
CIRCUITS AND APPELLATE DISTRICTS
(a) [NO CHANGE]
(b) Certification Process. A certification process shall be
completed in conjunction with the supreme court’s annual
determination regarding the need for judges under Florida Rule of
General Practice and Judicial Administration 2.240(d) and in
accordance with the following:
(1)-(8) [NO CHANGE]
(c) Criteria for Judicial Circuits. The following criteria
shall be considered when determining the necessity for increasing,
decreasing, or redefining judicial circuits as required by article V,
section 9, of the Florida Constitution:
(1) [NO CHANGE]
(2) Efficiency. Factors to be considered for this criterion
are the extent to which each court:
(A) [NO CHANGE]
- 23 -
(B) adjudicates a high percentage of its cases
within the time standards set forth in the Rules of General Practice
and Judicial Administration and has adequate procedures to
ensure efficient, timely disposition of its cases; and
(C) [NO CHANGE]
(3)-(5) [NO CHANGE]
(6) Additional criteria. Such other factors as are
regularly considered when making a determination with respect to
the need for additional judges under Florida Rule of General
Practice and Judicial Administration 2.240(b)(1) and (c).
(d) Criteria for District Courts. The following criteria shall
be considered when determining the necessity for increasing,
decreasing, or redefine/ng appellate districts as required by article
V, section 9, of the Florida Constitution:
(1) [NO CHANGE]
(2) Efficiency. Factors to be considered for this criterion
are the extent to which each court:
(A) [NO CHANGE]
(B) adjudicates a high percentage of its cases
within the time standards set forth in the Rules of General Practice
and Judicial Administration and has adequate procedures to
ensure efficient, timely disposition of its cases; and
(C) [NO CHANGE]
(3)-(5) [NO CHANGE]
(e) [NO CHANGE]
Committee Notes
[NO CHANGE]
- 24 -
Court Commentary
[NO CHANGE]
RULE 2.420. PUBLIC ACCESS TO AND PROTECTION OF
JUDICIAL BRANCH RECORDS
(a)-(j) [NO CHANGE]
(k) Procedure for Service on Victims and Affected Non-
parties and When Addresses Are Confidential.
(1) [NO CHANGE]
(2) Except as set forth in subdivision (k)(1), when
serving any notice or motion described in this rule on any affected
non-party whose name or address is not confidential, the filer or
movant shall use reasonable efforts to locate the affected non-party
and may serve such affected non-party by any method set forth in
Florida Rule of General Practice and Judicial Administration 2.516.
(3) Except as set forth in subdivision (k)(1), when
serving any notice or motion described in this rule and the name or
address of any party or affected non-party is confidential, the filer
or movant must state prominently in the caption of the notice or
motion “Confidential Party or Confidential Affected Non-Party —
Court Service Requested.” When a notice or motion so designated is
filed, the court shall be responsible for providing a copy of the
notice or motion to the party or affected non-party, by any method
permitted in Florida Rule of General Practice and Judicial
Administration 2.516, in such a way as to not reveal the
confidential information.
(l)-(m) [NO CHANGE]
Committee Note
[NO CHANGE]
- 25 -
APPENDIX TO RULE 2.420
IN THE .....(NAME OF
COURT).....,
FLORIDA
CASE NO.: ..........
Plaintiff/Petitioner,
v.
Defendant/Respondent.
/
NOTICE OF CONFIDENTIAL INFORMATION
WITHIN COURT FILING
Pursuant to Florida Rule of General Practice and Judicial
Administration 2.420(d)(2), I hereby certify:
( )(1) I am filing herewith a document containing confidential
information as described in Rule 2.420(d)(1)(B) and that:
(a) The title/type of document is , and:
(b)( ) the entire document is confidential, or
( ) the confidential information within the document is
precisely located at : .
OR
( )(2) A document was previously filed in this case that
contains confidential information as described in Rule
2.420(d)(1)(B), but a Notice of Confidential Information within Court
Filing was not filed with the document and the confidential
information was not maintained as confidential by the clerk of the
court. I hereby notify the clerk that this confidential information is
located as follows:
- 26 -
(a) Title/type of document: ;
(b) Date of filing (if known): ;
(c) Date of document: ;
(d) Docket entry number: ;
(e) ( ) Entire document is confidential, or
( ) Precise location of confidential information in document:
.
Filer’s Signature
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a copy of the foregoing was furnished by
(e-mail) (delivery) (mail) (fax) on: (All parties and Affected Non-
Parties. Note: If the name or address of a Party or Affected Non-
Party is confidential DO NOT include such information in this
Certificate of Service. Instead, serve the State Attorney or request
Court Service. See Rule 2.420(k)) , on , 20 .
Name ..........
Address ..........
Phone ..........
Florida Bar No. (if applicable) ..........
E-mail address ..........
Note: The clerk of court shall review filings identified as containing
confidential information to determine whether the information is
facially subject to confidentiality under subdivision (d)(1)(B). The
clerk shall notify the filer in writing within 5 days if the clerk
determines that the information is NOT subject to confidentiality,
and the records shall not be held as confidential for more than 10
days, unless a motion is filed pursuant to subdivision (d)(3) of the
Rule. Fla. R. Gen. Prac. & Jud. Admin. 2.420(d)(2).
- 27 -
RULE 2.451. USE OF ELECTRONIC DEVICES
(a)-(c) [NO CHANGE]
Committee Note
2013 Adoption. Subdivision (c), Use of Electronic Devices by
Others, parallels Florida Rule of General Practice and Judicial
Administration 2.450(a) regarding the use of electronic devices by
the media.
RULE 2.514. COMPUTING AND EXTENDING TIME
(a) Computing Time. The following rules apply in
computing time periods specified in any rule of procedure, local
rule, court order, or statute that does not specify a method of
computing time.
(1) Period Stated in Days or a Longer Unit. When the
period is stated in days or a longer unit of time:
(A)-(B) [NO CHANGE]
(C) include the last day of the period, but if the
last day is a Saturday, Sunday, or legal holiday, or falls within any
period of time extended through an order of the chief justice under
Florida Rule of General Practice and Judicial Administration
2.205(a)(2)(B)(iv), the period continues to run until the end of the
next day that is not a Saturday, Sunday, or legal holiday and does
not fall within any period of time extended through an order of the
chief justice.
(2) Period Stated in Hours. When the period is stated in
hours
(A)-(B) [NO CHANGE]
(C) if the period would end on a Saturday,
Sunday, or legal holiday, or during any period of time extended
through an order of the chief justice under Florida Rule of General
Practice and Judicial Administration 2.205(a)(2)(B)(iv), the period
- 28 -
continues to run until the same time on the next day that is not a
Saturday, Sunday, or legal holiday and does not fall within any
period of time extended through an order of the chief justice.
(3)-(6) [NO CHANGE]
(b) [NO CHANGE]
RULE 2.545. CASE MANAGEMENT
(a)-(c) [NO CHANGE]
(d) Related Cases.
(1)-(3) [NO CHANGE]
(4) The notice of related cases shall be filed with the
initial pleading by the filing attorney or self-represented petitioner.
The notice shall be filed in each of the related cases that are
currently open and pending with the court and served on all other
parties in each of the related cases, and as may be directed by the
chief judge or designee. Parties may file joint notices. A notice of
related cases filed pursuant to this rule is not an appearance. If any
related case is confidential and exempt from public access by law,
then a Notice of Confidential Information Within Court Filing as
required by Florida Rule of General Practice and Judicial
Administration 2.420 shall accompany the notice. Parties shall file
supplemental notices as related cases become known or reasonably
ascertainable.
(5)-(6) [NO CHANGE]
(e) [NO CHANGE]
Committee Notes
[NO CHANGE]
- 29 -
JUDICIAL BRANCH
RECORDS RETENTION SCHEDULE
FOR ADMINISTRATIVE RECORDS
GENERAL APPLICATION
This record retention schedule does not impose a duty to
create records contained in the schedule. The purpose of the
schedule is to authorize destruction of records after the
retention period has elapsed. The records custodian may retain
records longer than required by the schedule. This schedule
authorizes destruction of records unless otherwise provided by
court rule.
The retention period should be calculated from the time
that the record is completed. For purposes of calculating the
retention period, fiscal records should be considered completed
at the end of a fiscal year. All retention periods are subject to
the caveat “provided that applicable audits have been
released.”
The records custodian of the judicial branch entity that
creates a record creates the “record copy” and is responsible
for its retention in accordance with this schedule. The records
custodian of the judicial branch entity that properly receives a
record from outside the judicial branch has the “record copy”
and is responsible for its retention in accordance with this
schedule. Duplicates are only required to be retained until
obsolete, superseded or administrative value is lost.
“Record Series” means a group of related documents
arranged under a single filing arrangement or kept together as
a unit because they consist of the same form, relate to the
same subject, result from the same activity, or have certain
common characteristics.
ACQUISITION RECORDS: LIBRARY [NO CHANGE]
ADMINISTRATIVE CONVENIENCE RECORDS [NO CHANGE]
- 30 -
ADMINISTRATIVE RECORDS: PUBLIC OFFICIALS/COURT
ADMINISTRATORS [NO CHANGE]
ADMINISTRATIVE SUPPORT RECORDS [NO CHANGE]
ADVERTISEMENTS: LEGAL [NO CHANGE]
AFFIRMATIVE ACTION RECORDS [NO CHANGE]
APPLICATIONS: GUARDIAN AD LITEM, MEDIATION, OTHERS
[NO CHANGE]
APPLICATIONS: LIBRARY CARDS [NO CHANGE]
APPRAISALS: LAND PURCHASES (NOT PURCHASED)
[NO CHANGE]
APPRAISALS: LAND PURCHASES (PURCHASED) [NO CHANGE]
ARCHITECTURAL PLANS/SPECIFICATIONS: PRELIMINARY
DRAWINGS [NO CHANGE]
ATTENDANCE AND LEAVE RECORDS [NO CHANGE]
AUDITS: INDEPENDENT [NO CHANGE]
AUDITS: INTERNAL [NO CHANGE]
AUDITS: STATE/FEDERAL [NO CHANGE]
AUDITS: SUPPORTING DOCUMENTS [NO CHANGE]
BACKGROUND/SECURITY CHECKS [NO CHANGE]
BANK ACCOUNT AUTHORIZATION RECORDS [NO CHANGE]
BAR APPLICANTS: ADMITTED [NO CHANGE]
- 31 -
BAR APPLICANTS: NOT ADMITTED (WITH NO
RECOMMENDATION) [NO CHANGE]
BAR APPLICANTS: NOT ADMITTED (WITH UNFAVORABLE
RECOMMENDATION) [NO CHANGE]
BAR EXAMINATION/ANSWERS [NO CHANGE]
BAR EXAMINATION/FLORIDA PREPARED PORTION
[NO CHANGE]
BID RECORDS: CAPITAL IMPROVEMENT SUCCESSFUL BIDS
[NO CHANGE]
BID RECORDS: CAPITAL IMPROVEMENT UNSUCCESSFUL BIDS
[NO CHANGE]
BID RECORDS: NON-CAPITAL IMPROVEMENT [NO CHANGE]
BIOGRAPHICAL FILES [NO CHANGE]
BUDGET RECORDS: APPROVED ANNUAL BUDGET [NO CHANGE]
BUDGET RECORDS: SUPPORTING DOCUMENTS [NO CHANGE]
BUILDING PLANS [NO CHANGE]
CALENDARS [NO CHANGE]
CASE RELATED RECORDS NOT IN THE CUSTODY OF THE
CLERK AND/OR NOT IN CASE FILE
This record series includes records that are related to a trial court
records as defined in Rule 2.420, Florida Rules of General Practice
and Judicial Administration, because they are not filed with the
clerk of court and are not included in the court file. These records
include, but are not limited to, drug court evaluation and progress
reports, mediation reports, deferred prosecution and diversion
records, and arbitration reports. Case-related trial court
- 32 -
documents may be destroyed or disposed of after a judgment has
become final in record accordance with the following schedule:
RETENTION:
(A)-(H) [NO CHANGE]
CERTIFICATION FORWARD DOCUMENTS [NO CHANGE]
CHILD SUPPORT/ALIMONY DISBURSEMENT RECORDS: DETAIL
[NO CHANGE]
CHILD SUPPORT/ALIMONY DISBURSEMENT RECORDS:
SUMMARY [NO CHANGE]
CHILD SUPPORT/ALIMONY RECEIPT/REVENUE RECORDS:
DETAIL [NO CHANGE]
CHILD SUPPORT/ALIMONY RECEIPT/REVENUE RECORDS:
SUMMARY [NO CHANGE]
COMPLAINTS: CITIZENS/CONSUMERS/EMPLOYEES
[NO CHANGE]
CONTINUING EDUCATION RECORDS [NO CHANGE]
CONTRACTS/LEASES/AGREEMENTS: CAPITAL
IMPROVEMENT/REAL PROPERTY [NO CHANGE]
CONTRACTS/LEASES/AGREEMENTS: NON-CAPITAL
IMPROVEMENT [NO CHANGE]
CORRESPONDENCE & MEMORANDA: ADMINISTRATIVE [NO
CHANGE]
CORRESPONDENCE & MEMORANDA: PROGRAM AND POLICY
DEVELOPMENT [NO CHANGE]
COURT REGISTRY [NO CHANGE]
- 33 -
COURT REPORTS [NO CHANGE]
DEEDS: PROPERTY [NO CHANGE]
DELAYED BIRTH (APPLICATION/CERTIFICATE/AFFIDAVITS,
ETC.) [NO CHANGE]
DIRECTIVES/POLICIES/PROCEDURES [NO CHANGE]
DISASTER PREPAREDNESS DRILLS [NO CHANGE]
DISASTER PREPAREDNESS PLANS [NO CHANGE]
DISBURSEMENT RECORDS: DETAIL [NO CHANGE]
DISBURSEMENT RECORDS: SUMMARY [NO CHANGE]
DISCIPLINARY CASE FILES [NO CHANGE]
DRAFTS AND WORKING PAPERS [NO CHANGE]
DRUG TEST RECORDS [NO CHANGE]
ELECTRONIC FUNDS TRANSFER RECORDS [NO CHANGE]
ELECTRONIC RECORDS SOFTWARE [NO CHANGE]
EMPLOYEE PRE-COUNSELING RECORDS [NO CHANGE]
EMPLOYMENT EXAMINATION RECORDS [NO CHANGE]
ENCUMBRANCE RECORDS [NO CHANGE]
ENDOWMENTS, BEQUESTS AND TRUST FUND RECORDS
[NO CHANGE]
ENVIRONMENTAL REGULATION RECORDS [NO CHANGE]
- 34 -
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE RECORDS
[NO CHANGE]
EQUIPMENT/VEHICLE MAINTENANCE RECORDS [NO CHANGE]
EQUIPMENT/VEHICLE USAGE RECORDS [NO CHANGE]
EXPENDITURE PLANS: CAPITAL [NO CHANGE]
FACILITY RESERVATION/RENTAL RECORDS [NO CHANGE]
FEASIBILITY STUDY RECORDS [NO CHANGE]
FEDERAL AND STATE TAX FORMS/REPORTS [NO CHANGE]
GENERAL LEDGERS: ANNUAL SUMMARY [NO CHANGE]
GRAND JURY NOTES [NO CHANGE]
GRAND JURY RECORDS [NO CHANGE]
GRANT FILES [NO CHANGE]
GRIEVANCE FILES (EMPLOYMENT) [NO CHANGE]
HEALTH RECORDS: BLOOD BORNE PATHOGEN/ASBESTOS/
EXPOSURE [NO CHANGE]
INCIDENT REPORTS [NO CHANGE]
INFORMATION REQUEST RECORDS [NO CHANGE]
INSPECTION RECORDS: FIRE/SECURITY/SAFETY
[NO CHANGE]
INSPECTION REPORTS: FIRE EXTINGUISHER (ANNUAL)
[NO CHANGE]
- 35 -
INSURANCE RECORDS [NO CHANGE]
INVENTORY RECORDS: PHYSICAL [NO CHANGE]
JQC — JUDICIAL FINANCIAL DISCLOSURE FORMS
[NO CHANGE]
JQC — JUDICIAL COMPLAINTS [NO CHANGE]
JUROR NOTES [NO CHANGE]
JURY RECORDS [NO CHANGE]
KEY AND BADGE ISSUANCE RECORDS [NO CHANGE]
LAW OFFICE MANAGEMENT ASSISTANCE SERVICE RECORDS
[NO CHANGE]
LEAVE TRANSACTION REPORTS [NO CHANGE]
LEGISLATION RECORDS [NO CHANGE]
LIBRARY CIRCULATION RECORDS [NO CHANGE]
LITIGATION CASE FILES [NO CHANGE]
MAIL: UNDELIVERABLE FIRST CLASS [NO CHANGE]
MAILING LISTS [NO CHANGE]
MANAGEMENT SURVEYS/STUDIES: INTERNAL [NO CHANGE]
MATERIALS SAFETY RECORDS [NO CHANGE]
MEMORANDA — LEGAL: COURT’S DECISION-MAKING
[NO CHANGE]
MINUTES: OFFICIAL MEETINGS [NO CHANGE]
- 36 -
MINUTES: OFFICIAL MEETINGS (AUDIO/VISUAL RECORDINGS)
[NO CHANGE]
MINUTES: OFFICIAL MEETINGS (SUPPORTING DOCUMENTS)
[NO CHANGE]
MINUTES: OTHER MEETINGS [NO CHANGE]
MONTHLY DISTRIBUTION OF FINES [NO CHANGE]
NEWS RELEASES [NO CHANGE]
OPERATIONAL AND STATISTICAL REPORT RECORDS: OFFICE
[NO CHANGE]
OPINIONS: ETHICS [NO CHANGE]
OPINIONS: ETHICS (SUPPORTING DOCUMENTS) [NO CHANGE]
OPINIONS: LEGAL (ATTORNEY) [NO CHANGE]
OPINIONS: LEGAL (SUPPORTING DOCUMENTS) [NO CHANGE]
ORDERS: ADMINISTRATIVE
This record series consists of administrative orders as defined in
Rule of General Practice and Judicial Administration 2.020(c).
RETENTION: Permanent.
ORGANIZATION CHARTS [NO CHANGE]
OTHERWISE UNCATEGORIZED RECORDS [NO CHANGE]
PARKING DECAL/PERMIT RECORDS [NO CHANGE]
PAYROLL RECORDS [NO CHANGE]
PAYROLL RECORDS: REGISTERS (POSTED) [NO CHANGE]
- 37 -
PERSONNEL RECORDS [NO CHANGE]
PERSONNEL RECORDS: LOCATOR [NO CHANGE]
PERSONNEL RECORDS: OPS/TEMPORARY EMPLOYMENT
[NO CHANGE]
PETTY CASH DOCUMENTATION RECORDS [NO CHANGE]
POSITION DESCRIPTION RECORDS [NO CHANGE]
POSTAGE RECORDS [NO CHANGE]
PRE-PUBLICATIONS AND MEDIA ITEM RECORDS [NO CHANGE]
PROCLAMATIONS/RESOLUTIONS [NO CHANGE]
PROCLAMATIONS/RESOLUTIONS: SUPPORTING DOCUMENTS
[NO CHANGE]
PROGRAM/SUBJECT/REFERENCE FILES [NO CHANGE]
PROJECT FILES: CAPITAL IMPROVEMENT [NO CHANGE]
PROJECT FILES: FEDERAL [NO CHANGE]
PROJECT FILES: NON-CAPITAL IMPROVEMENT [NO CHANGE]
PROPERTY TRANSFER FORMS [NO CHANGE]
PUBLIC INFORMATION CASE FILES [NO CHANGE]
PUBLIC PROGRAM/EVENT RECORDS: CONTRACTED
[NO CHANGE]
PUBLIC PROGRAM/EVENT RECORDS: NON-CONTRACTED
[NO CHANGE]
PURCHASING RECORDS [NO CHANGE]
- 38 -
RECEIPT/REVENUE RECORDS: [NO CHANGE]
RECEIPT/REVENUE RECORDS: SUMMARY [NO CHANGE]
RECEIPTS: REGISTERED AND CERTIFIED MAIL [NO CHANGE]
RECRUITMENT & SELECTION PACKAGES [NO CHANGE]
SALARY COMPARISON REPORTS [NO CHANGE]
SALARY SCHEDULES [NO CHANGE]
SEARCH COMMITTEE RECORDS [NO CHANGE]
SEARCH WARRANTS SERVED: NO ARREST/NO CASE FILED
[NO CHANGE]
SOCIAL SECURITY CONTROLLED SUMMARY RECORDS
[NO CHANGE]
STATE AUTOMATED MANAGEMENT ACCOUNTING SYSTEM
(SAMAS) REPORTS [NO CHANGE]
STATE AWARDS AND RECOGNITION FILES [NO CHANGE]
SUPPLY RECORDS [NO CHANGE]
SURVEILLANCE VIDEO TAPES [NO CHANGE]
TELEPHONE CALL RECORDS: LONG DISTANCE [NO CHANGE]
TRAINING MATERIAL RECORDS [NO CHANGE]
TRAINING RECORDS: EMPLOYEE [NO CHANGE]
TRANSITORY MESSAGES [NO CHANGE]
TRAVEL RECORDS [NO CHANGE]
- 39 -
UNCLAIMED PROPERTY RECORDS [NO CHANGE]
UNEMPLOYMENT COMPENSATION RECORDS [NO CHANGE]
VEHICLE ACCIDENT REPORTS [NO CHANGE]
VEHICLE RECORDS [NO CHANGE]
VENDOR FILES [NO CHANGE]
VISITOR LOGS [NO CHANGE]
WIRE AND ORAL COMMUNICATIONS: APPLICATIONS, ORDERS
AND AUDIO RECORDINGS [NO CHANGE]
WITNESS SUBPOENAS/LISTS [NO CHANGE]
WORK ORDERS [NO CHANGE]
WORK SCHEDULES [NO CHANGE]
WORKERS’ COMPENSATION RECORDS [NO CHANGE]
FLORIDA RULES OF CRIMINAL PROCEDURE
RULE 3.040. COMPUTATION OF TIME
Computation of time shall be governed by Florida Rule of
General Practice and Judicial Administration 2.514, except for the
periods of time of less than 7 days contained in rules 3.130,
3.132(a) and (c), and 3.133(a).
Committee Notes
[NO CHANGE]
Court Commentary
[NO CHANGE]
- 40 -
RULE 3.191. SPEEDY TRIAL
(a)-(h) [NO CHANGE]
(i) When Time May Be Extended. The periods of time
established by this rule may be extended, provided the period of
time sought to be extended has not expired at the time the
extension was procured. An extension may be procured by:
(1)-(4) [NO CHANGE]
(5) administrative order issued by the chief justice,
under Florida Rule of General Practice and Judicial Administration
2.205(a)(2)(B)(iv), suspending the speedy trial procedures as stated
therein.
(j)-(p) [NO CHANGE]
Committee Notes
[NO CHANGE]
RULE 3.211. COMPETENCE TO PROCEED: SCOPE OF
EXAMINATION AND REPORT
(a)-(b) [NO CHANGE]
(c) Written Findings of Experts. Any written report
submitted by the experts shall:
(1)-(4) [NO CHANGE]
The procedure for determinations of the confidential status of
reports is governed by Rule of General Practice and Judicial
Administration 2.420.
(d) [NO CHANGE]
- 41 -
Committee Notes
[NO CHANGE]
RULE 3.218. COMMITMENT OF A DEFENDANT FOUND NOT
GUILTY BY REASON OF INSANITY
(a) Commitment; 6-Month Report. The Department of
Children and Families shall admit to an appropriate facility a
defendant found not guilty by reason of insanity under rule 3.217
and found to meet the criteria for commitment for hospitalization
and treatment and may retain and treat the defendant. No later
than 6 months from the date of admission, the administrator of the
facility shall file with the court a report, and provide copies to all
parties, which shall address the issues of further commitment of
the defendant. If at any time during the 6-month period, or during
any period of extended hospitalization that may be ordered under
this rule, the administrator of the facility shall determine that the
defendant no longer meets the criteria for commitment, the
administrator shall notify the court by such a report and provide
copies to all parties. The procedure for determinations of the
confidential status of reports is governed by Rule of General
Practice and Judicial Administration 2.420.
(b)-(c) [NO CHANGE]
Committee Notes
[NO CHANGE]
RULE 3.219. CONDITIONAL RELEASE
(a) Release Plan. The committing court may order a
conditional release of any defendant who has been committed
according to a finding of incompetency to proceed or an
adjudication of not guilty by reason of insanity based on an
approved plan for providing appropriate outpatient care and
- 42 -
treatment. When the administrator shall determine outpatient
treatment of the defendant to be appropriate, the administrator may
file with the court, and provide copies to all parties, a written plan
for outpatient treatment, including recommendations from qualified
professionals. The plan may be submitted by the defendant. The
plan shall include:
(1)-(3) [NO CHANGE]
In its order of conditional release, the court shall specify the
conditions of release based on the release plan and shall direct the
appropriate agencies or persons to submit periodic reports to the
court regarding the defendant’s compliance with the conditions of
the release, and progress in treatment, and provide copies to all
parties. The procedure for determinations of the confidential status
of reports is governed by Rule of General Practice and Judicial
Administration 2.420.
(b)-(c) [NO CHANGE]
Committee Notes
[NO CHANGE]
RULE 3.220. DISCOVERY
(a)-(m) [NO CHANGE]
(n) Sanctions.
(1)-(2) [NO CHANGE]
(3) Every request for discovery or response or objection,
including a notice of deposition made by a party represented by an
attorney, shall be signed by at least 1 attorney of record, as defined
by Florida Rule of General Practice and Judicial Administration
2.505, in the attorney’s individual name, whose address shall be
stated. A party who is not represented by an attorney shall sign the
request, response, or objection and list his or her address. The
- 43 -
signature of the attorney constitutes a certification that the
document complies with Florida Rule of General Practice and
Judicial Administration 2.515. The signature of the attorney or
party constitutes a certification that the signer has read the
request, response, or objection and that to the best of the signer’s
knowledge, information, or belief formed after a reasonable inquiry
it is:
(A)-(C) [NO CHANGE]
(o) [NO CHANGE]
Committee Notes
[NO CHANGE]
Court Commentary
[NO CHANGE]
RULE 3.390. JURY INSTRUCTIONS
(a) Subject of Instructions. The Florida Standard Jury
Instructions in Criminal Cases appearing on The Florida Bar’s
website may be used, as provided in Florida Rule of General
Practice and Judicial Administration 2.570, by the presiding judge
in instructing the jury in a criminal case. The presiding judge shall
instruct the jury only on the law of the case before or after the
argument of counsel and may provide appropriate instructions
during the trial. If the instructions are given prior to final argument,
the presiding judge shall give the jury final procedural instructions
after final arguments are concluded and prior to deliberations.
Except in capital cases, the judge shall not instruct the jury on the
sentence that may be imposed for the offense for which the accused
is on trial.
(b)-(e) [NO CHANGE]
- 44 -
Committee Notes
[NO CHANGE]
RULE 3.851. COLLATERAL RELIEF AFTER DEATH SENTENCE
HAS BEEN IMPOSED AND AFFIRMED ON DIRECT
APPEAL
(a)-(b) [NO CHANGE]
(c) Preliminary Procedures.
(1) Judicial Assignment and Responsibilities. Within 30
days of the issuance of mandate affirming a judgment and sentence
of death on direct appeal, the chief judge shall assign the case to a
judge qualified under the Rules of General Practice and Judicial
Administration to conduct capital proceedings. The assigned judge
is responsible for case management to ensure compliance with
statutes, rules, and administrative orders that impose processing
steps, time deadlines, and reporting requirements for capital
postconviction litigation. From the time of assignment, the judge
must issue case management orders for every step of the capital
postconviction process, including at the conclusion of all hearings
and conferences.
(2)-(5) [NO CHANGE]
(d)-(g) [NO CHANGE]
(h) After Death Warrant Signed.
(1) Judicial Assignment. The chief judge of the circuit
shall assign the case to a judge qualified under the Rules of General
Practice and Judicial Administration to conduct capital cases as
soon as notification of the death warrant is received.
(2)-(9) [NO CHANGE]
- 45 -
(i)-(j) [NO CHANGE]
Court Commentary
[NO CHANGE]
FLORIDA PROBATE RULES
RULE 5.030. ATTORNEYS
(a)-(c) [NO CHANGE]
Committee Notes
The appearance of an attorney in an estate is a general
appearance unless (i) specifically limited at the time of such
appearance or (ii) the court orders otherwise. This rule does not
affect the right of a party to employ additional attorneys who, if
members of The Florida Bar, may appear at any time.
Rule History
[NO CHANGE]
Statutory References
[NO CHANGE]
Rule References
Fla. Prob. R. 5.041 Service of pleadings and documents
Fla. Prob. R. 5.110(b), (c) Resident agent.
Fla. R. Gen. Prac. & Jud. Admin. 2.505 Attorneys.
Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings
and documents.
Fla. R. App. P. 9.440 Attorneys.
- 46 -
RULE 5.040. NOTICE
(a)-(e) [NO CHANGE]
Committee Notes
Formal notice is the method of service used in probate
proceedings and the method of service of process for obtaining in
rem jurisdiction over the person’s interest in the estate property.
The court does not acquire personal jurisdiction over a person by
service of formal notice. “The manner provided for service of formal
notice” is as provided in rule 5.040(a)(3).
Informal notice is the method of service of notice given to
interested persons entitled to notice when formal notice is not given
or required.
Reference in this rule to the terms “mail” or “mailing” refers to
use of the United States Postal Service.
Rule History
[NO CHANGE]
Statutory References
[NO CHANGE]
Rule References
Fla. Prob. R. 5.025 Adversary proceedings.
Fla. Prob. R. 5.030 Attorneys.
Fla. Prob. R. 5.041 Service of pleadings and documents.
Fla. Prob. R. 5.042 Time.
- 47 -
Fla. Prob. R. 5.060 Request for notices and copies of
pleadings.
Fla. Prob. R. 5.180 Waiver and consent.
Fla. Prob. R. 5.560 Petition for appointment of guardian of an
incapacitated person.
Fla. Prob. R. 5.649 Guardian advocate.
Fla. Prob. R. 5.681 Restoration of rights of person with
developmental disability.
Fla. R. Gen. Prac. & Jud. Admin. 2.505 Attorneys.
Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings
and documents.
Fla. R. Civ. P. 1.070 Process.
Fla. R. Civ. P. Form 1.902 Summons.
RULE 5.041. SERVICE OF PLEADINGS AND DOCUMENTS
Unless the court orders otherwise, every petition or motion for
an order determining rights of an interested person, and every other
pleading or document filed in the particular proceeding which is the
subject matter of such petition or motion, except applications for
witness subpoenas, shall be served on interested persons as set
forth in Florida Rule of General Practice and Judicial
Administration 2.516 unless these rules, the Florida Probate Code,
or the Florida Guardianship Law provides otherwise. No service
need be made on interested persons against whom a default has
been entered, or against whom the matter may otherwise proceed ex
parte, unless a new or additional right or demand is asserted. For
purposes of this rule an interested person shall be deemed a party
under rule 2.516.
- 48 -
If the interested person is a minor whose disabilities of nonage
are not removed, and who is not represented by an attorney, then
service shall be on the persons designated to accept service of
process on a minor under chapter 48, Florida Statutes.
Committee Notes
Derived from Florida Rule of Civil Procedure 1.080. Regulates
the service of pleadings and documents in proceedings on petitions
or motions for determination of rights. It is not applicable to every
pleading and document served or filed in the administration of a
guardianship or decedent’s estate.
Rule History
1984 Revision- 2010 Revision: [NO CHANGE]
2012 Revision: Portions of subdivision (b) and all of
subdivisions (d), (e), (f), and (g) deleted in response to creation of
Rule 2.516 of the Rules of General Practice and Judicial
Administration. Committee notes revised.
2016 Revision: [NO CHANGE]
Statutory References
[NO CHANGE]
Rule References
Fla. Prob. R. 5.020 Pleadings; verification; motions.
Fla. Prob. R. 5.025 Adversary proceedings.
Fla. Prob. R. 5.030 Attorneys.
Fla. Prob. R. 5.040 Notice.
Fla. Prob. R. 5.042 Time.
- 49 -
Fla. Prob. R. 5.150(c) Order requiring accounting.
Fla. Prob. R. 5.180 Waiver and consent.
Fla. Prob. R. 5.240(a) Notice of administration.
Fla. Prob. R. 5.340(d) Inventory.
Fla. Prob. R. 5.550 Petition to determine incapacity.
Fla. Prob. R. 5.560 Petition for appointment of guardian of an
incapacitated person.
Fla. Prob. R. 5.649 Guardian advocate.
Fla. Prob. R. 5.681 Restoration of rights of person with
developmental disability.
Fla. R. Civ. P. 1.080 Service of pleadings and documents.
Fla. R. Gen. Prac. & Jud. Admin. 2.505 Attorneys.
Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings
and documents.
RULE 5.042. TIME
(a) Computation. Computation of time shall be governed by
Florida Rule of General Practice and Judicial Administration 2.514.
(b)-(c) [NO CHANGE]
(d) Additional Time after Service by Mail or E-mail.
Florida Rule of General Practice and Judicial Administration
2.514(b) shall apply to the computation of time following service,
except for documents served by formal notice or in the manner
provided for service of formal notice.
Committee Notes
- 50 -
This rule is derived from Florida Rule of Civil Procedure 1.090.
Rule History
1984 Revision-2012 Revision: [NO CHANGE]
2016 Revision: Subdivision (d) revised to clarify that Florida
Rule of General Practice and Judicial Administration 2.514(b) does
not apply if a document is served by formal notice or in the manner
provided for service of formal notice. Committee notes revised.
Statutory References
[NO CHANGE]
Rule References
Fla. Prob. R. 5.040(a)(1) Notice.
Fla. Prob. R. 5.150 Order requiring accounting.
Fla. Prob. R. 5.240 Notice of administration.
Fla. Prob. R. 5.241 Notice to creditors.
Fla. Prob. R. 5.340(a)–(b) Inventory.
Fla. Prob. R. 5.345 Accountings other than personal
representatives’ final accountings.
Fla. Prob. R. 5.395 Notice of federal estate tax return.
Fla. Prob. R. 5.400 Distribution and discharge.
Fla. Prob. R. 5.649 Guardian advocate.
Fla. Prob. R. 5.681 Restoration of rights of person with
developmental disability.
Fla. Prob. R. 5.700 Objection to guardianship reports.
- 51 -
Fla. R. Civ. P. 1.090 Time.
Fla. R. Gen. Prac. & Jud. Admin. 2.514 Computing and
extending time.
RULE 5.043. DEPOSIT OF WILLS AND CODICILS
Notwithstanding any rule to the contrary, and unless the court
orders otherwise, any original executed will or codicil, including but
not limited to an electronic will, deposited with the court must be
retained by the clerk in its original form and must not be destroyed
or disposed of by the clerk for 20 years after submission regardless
of whether the will or codicil has been permanently recorded as
defined by Florida Rule of General Practice and Judicial
Administration 2.430.
Committee Notes
2012 Adoption. Florida Rule of General Practice and Judicial
Administration 2.525 requires that all documents be filed with the
court electronically. Although the Florida Statutes direct the deposit
of a will, rather than the filing of the will, the committee believes
that original wills and codicils should be retained in their original
form longer than other documents filed with the court due to the
unique evidentiary aspects of the actual document. These unique
aspects could be lost forever if the original document were
converted to electronic form and the original destroyed.
Rule History
[NO CHANGE]
Statutory References
[NO CHANGE]
Rule References
- 52 -
Fla. R. Gen. Prac. & Jud. Admin. 2.430 Retention of court
records.
Fla. R. Gen. Prac. & Jud. Admin. 2.525 Electronic filing.
RULE 5.060. REQUEST FOR NOTICES AND COPIES OF
PLEADINGS
(a)-(b) [NO CHANGE]
Committee Notes
Rule History
[NO CHANGE]
Statutory References
[NO CHANGE]
Rule References
Fla. Prob. R. 5.040 Notice.
Fla. Prob. R. 5.041 Service of pleadings and documents.
Fla. Prob. R. 5.340 Inventory.
Fla. Prob. R. 5.341 Estate information.
Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings
and documents.
RULE 5.080. DISCOVERY, SUBPOENA, AND TAKING
TESTIMONY
(a)-(c) [NO CHANGE]
Committee Notes
- 53 -
Subdivision (b) is not intended to result in the assessment of
costs, including attorney’s fees, in every instance in which discovery
is sought. Subdivision (c) is not intended to overrule the holdings in
In re Estate of Shaw, 340 So. 2d 491 (Fla. 3d DCA 1976), and In re
Estate of Posner, 492 So. 2d 1093 (Fla. 3d DCA 1986).
Rule History
[NO CHANGE]
Statutory References
[NO CHANGE]
Rule References
Fla. Prob. R. 5.025 Adversary proceedings.
Fla. R. Gen. Prac. & Jud. Admin. 2.535 Court reporting.
RULE 5.120. ADMINISTRATOR AD LITEM AND GUARDIAN AD
LITEM
(a)-(g) [NO CHANGE]
Committee Notes
Rule History
1977 Revision- 2012 Revision: [NO CHANGE]
2014 Revision: Amends subdivision (b)(1) to conform to Florida
Rule of General Practice and Judicial Administration 2.425.
Committee notes revised.
2020 Revision: [NO CHANGE]
Statutory References
[NO CHANGE]
- 54 -
Rule References
Fla. Prob. R. 5.041 Service of pleadings and documents.
Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings
and documents.
Fla. R. Gen. Prac. & Jud. Admin. 2.425 Minimization of the
Filing of Sensitive Information.
RULE 5.200. PETITION FOR ADMINISTRATION
The petition for administration shall be verified by the
petitioner and shall contain:
(a)-(k) [NO CHANGE]
Committee Notes
Rule History
1977 Revision-2012 Revision: [NO CHANGE]
2014 Revision: Subdivision (c) amended to conform to Florida
Rule of General Practice and Judicial Administration 2.425.
Committee notes revised.
2019 Revision-2020 Revision: [NO CHANGE]
Statutory References
[NO CHANGE]
Rule References
Fla. Prob. R. 5.020 Pleadings; verification; motions.
Fla. Prob. R. 5.040 Notice.
Fla. Prob. R. 5.041 Service of pleadings and documents.
- 55 -
Fla. Prob. R. 5.180 Waiver and consent.
Fla. Prob. R. 5.201 Notice of petition for administration.
Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings
and documents.
Fla. R. Gen. Prac. & Jud. Admin. 2.425 Minimization of the
Filing of Sensitive Information.
RULE 5.210. PROBATE OF WILLS WITHOUT
ADMINISTRATION
(a)-(d) [NO CHANGE]
Committee Notes
Examples illustrating when a will might be admitted to
probate are when an instrument (such as a will or trust agreement)
gives the decedent a power exercisable by will, such as the power to
appoint a successor trustee or a testamentary power of
appointment. In each instance, the will of the person holding the
power has no legal significance until admitted to probate. There
may be no assets, creditors’ issues, or other need for a probate
beyond admitting the will to establish the exercise or non-exercise
of such powers.
Rule History
1975 Revision-2011 Revision: [NO CHANGE]
2014 Revision: Subdivision (a)(3) amended to conform to
Florida Rule of Judicial AdministrationFla. R. Gen. Prac. &. Jud.
Admin. 2.425. Committee notes revised.
2020 Revision: [NO CHANGE]
Statutory References
- 56 -
[NO CHANGE]
Rule References
Fla. Prob. R. 5.015 General definitions.
Fla. Prob. R. 5.020 Pleadings, verification; motions.
Fla. Prob. R. 5.205(a)(7) Filing evidence of death.
Fla. Prob. R. 5.215 Authenticated copy of will.
Fla. Prob. R. 5.216 Will written in foreign language.
Fla. Prob. R. 5.230 Commission to prove will.
Fla. Prob. R. 5.240 Notice of administration.
Fla. Prob. R. 5.270 Revocation of probate.
Fla. R. Gen. Prac. & Jud. Admin. 2.425 Minimization of the
Filing of Sensitive Information.
RULE 5.340. INVENTORY
(a)-(h) [NO CHANGE]
Committee Notes
Inventories of the elective estate under subdivision (f) shall be
afforded the same confidentiality as probate inventories. §
733.604(1) and (2), Fla. Stat.
Inventories are still required to be filed. Once filed, however,
they are subject to the confidentiality provisions found in sections
733.604(1) and (2), Florida Statutes.
Constitutional protected homestead real property is not
necessarily a probatable asset. Disclosure on the inventory of real
- 57 -
property appearing to be constitutional protected homestead
property informs interested persons of the homestead issue.
Interested persons are entitled to reasonable information
about estate proceedings on proper request, including a copy of the
inventory, an opportunity to examine appraisals, and other
information pertinent to their interests in the estate. The rights of
beneficiaries to information contained in estate inventories is
limited by section 733.604(3), Florida Statutes. Inventories of the
elective estate under subdivision (f) affects a broader class of
interested persons who may obtain information regarding the assets
disclosed therein subject to control by the court and the
confidentiality afforded such inventories under section 733.604(1)
and (2).
Rule History
1980 Revision-2010 Revision: [NO CHANGE]
2012 Revision: The last sentence of subdivision (d) is deleted
to remove duplicative requirement of filing a proof of service for a
document which includes a certificate of service as provided in Fla.
R. Gen. Prac. & Jud. Admin. 2.516. If service of the inventory is by
service in the manner provided for service of formal notice, then
proof of service should be filed as provided in rule 5.040(a)(5).
Committee notes revised.
Constitutional Reference
[NO CHANGE]
Statutory References
[NO CHANGE]
Rule References
Fla. Prob. R. 5.041 Service of pleadings and documents.
- 58 -
Fla. Prob. R. 5.060 Request for notices and copies of
pleadings.
Fla. Prob. R. 5.330 Execution by personal representative.
Fla. Prob. R. 5.360 Elective share.
Fla. Prob. R. 5.405 Proceedings to determine homestead real
property.
Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings
and documents.
RULE 5.342. INVENTORY OF SAFE-DEPOSIT BOX
(a)-(c) [NO CHANGE]
Committee Notes
Inventories and entry records, once filed, shall be afforded the
same confidentiality as probate inventories.
If a safe-deposit box is opened pursuant to section 655.935 of
the Florida Statutes, no written inventory of the box need be
prepared or filed.
Rule History
2003 Revision: [NO CHANGE]
2012 Revision: The last sentence of subdivision (c) is deleted to
remove duplicative requirement of filing a proof of service for a
document which includes a certificate of service as provided in Fla.
R. Gen. Prac. & Jud. Admin. 2.516. In service of the inventory is by
service in the manner provided for service of formal notice, then
proof of service should be filed as provided in rule 5.040(a)(5).
Committee notes revised.
- 59 -
Statutory References
[NO CHANGE]
Rule References
Fla. Prob. R. 5.041 Service of pleadings and documents.
Fla. Prob. R. 5.340 Inventory.
Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings
and documents.
RULE 5.350. CONTINUANCE OF UNINCORPORATED BUSINESS
OR VENTURE
(a)-(d) [NO CHANGE]
Committee Notes
Rule History
[NO CHANGE]
Statutory Reference
[NO CHANGE]
Rule References
Fla. Prob. R. 5.020 Pleadings; verification; motions.
Fla. Prob. R. 5.040 Notice.
Fla. Prob. R. 5.041 Service of pleadings and documents.
Fla. Prob. R. 5.330 Execution by personal representative.
Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings
and documents.
- 60 -
RULE 5.355. PROCEEDINGS FOR REVIEW OF EMPLOYMENT
OF AGENTS AND COMPENSATION OF PERSONAL
REPRESENTATIVES AND ESTATE EMPLOYEES
After notice to all interested persons and upon petition of an
interested person bearing all or a part of the impact of the payment
of compensation to the personal representative or any person
employed by the personal representative, the propriety of the
employment and the reasonableness of the compensation or
payment may be reviewed by the court. The petition shall state the
grounds on which it is based. The burden of proving the propriety of
the employment and the reasonableness of the compensation shall
be upon the personal representative and the person employed by
the personal representative. Any person who is determined to have
received excessive compensation from an estate may be ordered to
make appropriate refunds.
Committee Notes
This rule represents a rule implementation of the procedure
formerly found in section 733.6175, Florida Statutes. It is not
intended to change the effect of the statute from which it was
derived but has been reformatted to conform with the structure of
these rules. It is not intended to create a new procedure or modify
an existing procedure.
Rule History
[NO CHANGE]
Statutory References
[NO CHANGE]
Rule References
Fla. Prob. R. 5.040 Notice.
- 61 -
Fla. Prob. R. 5.041 Service of pleadings and documents.
Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings
and documents.
RULE 5.360. ELECTIVE SHARE
(a)-(e) [NO CHANGE]
Committee Notes
The extensive rewrite of this rule in 2001 is intended to
conform it with and provide procedures to accommodate
amendments to Florida’s elective share statutes. Sections 732.201
et seq., Florida Statutes. Proceedings to determine entitlement to
elective share are not specific adversary proceedings under rule
5.025(a), but may be declared adversary at the option of the party.
Proceedings to determine the amount of elective share and
contribution are specific adversary proceedings under rule 5.025(a).
Requirements for service are intended to be consistent with the
requirements for formal notice. Rule 5.040. Service of process may
be required to obtain personal jurisdiction over direct recipients
who are not otherwise interested persons and who have not
voluntarily submitted themselves to the jurisdiction of the court.
Rule 5.040(a)(3)(C); chapter 48, Florida Statutes, Process and
Service of Process; chapter 49, Florida Statutes, Constructive
Service of Process. An inventory of the elective estate should be
afforded the same confidentiality as other estate inventories.
Section 733.604(1) and (2), Florida Statutes In fulfilling his or her
obligations under this rule, a personal representative is not
required to make impractical or extended searches for property
entering into the elective estate and the identities of direct
recipients. Preexisting rights to dower and curtesy formerly
addressed in subdivision (e) of this rule are now governed by new
rule 5.365.
- 62 -
Counsel’s attention is directed to Florida Ethics Opinion 76-
16, dated April 4, 1977, for guidance regarding the duties of an
attorney with respect to spousal rights.
Rule History
[NO CHANGE]
Statutory References
[NO CHANGE]
Rule References
Fla. Prob. R. 5.025 Adversary proceedings.
Fla. Prob. R. 5.040 Notice.
Fla. Prob. R. 5.041 Service of pleadings and documents.
Fla. Prob. R. 5.340 Inventory.
Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings
and documents.
Fla. R. App. P. 9.020(h) Definitions.
RULE 5.370. SALES OF REAL PROPERTY WHERE NO POWER
CONFERRED
(a)-(b) [NO CHANGE]
Committee Notes
Petitions under the rule are governed by section 733.610,
Florida Statutes, under which sales are voidable by interested
persons if there was a conflict of interest without full disclosure and
consent, unless the will or contract entered into by the decedent
authorized the transaction or it was approved by the court after
- 63 -
notice to all interested persons, and by section 733.609, Florida
Statutes, involving bad faith actions by the personal representative.
Note provision for attorneys’ fees.
Rule History
[NO CHANGE]
Statutory References
[NO CHANGE]
Rule References
Fla. Prob. R. 5.020 Pleadings; verification; motions.
Fla. Prob. R. 5.040 Notice.
Fla. Prob. R. 5.041 Service of pleadings and documents.
Fla. Prob. R. 5.180 Waiver and consent.
Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings
and documents.
RULE 5.380. COMPULSORY PAYMENT OF DEVISES OR
DISTRIBUTIVE INTERESTS
(a)-(c) [NO CHANGE]
Committee Notes
Rule History
[NO CHANGE]
Statutory References
[NO CHANGE]
Rule References
- 64 -
Fla. Prob. R. 5.020 Pleadings; verification; motions.
Fla. Prob. R. 5.040 Notice.
Fla. Prob. R. 5.041 Service of pleadings and documents.
Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings
and documents.
RULE 5.385. DETERMINATION OF BENEFICIARIES AND
SHARES
(a)-(c) [NO CHANGE]
Committee Notes
This rule represents a rule implementation of the procedure
formerly found in section 733.105, Florida Statutes. It is not
intended to change the effect of the statute from which it was
derived but has been reformatted to conform with the structure of
these rules. It is not intended to create a new procedure or modify
an existing procedure.
Rule History
1988 Revision-2012 Revision: [NO CHANGE]
2014 Revision: Fla. R. Gen. Prac. & Jud. Admin. 2.425(b)(6)
provides an exception for the full name of any minor “in any
document or order affecting minor’s ownership of real property.”
Committee notes revised.
Statutory References
[NO CHANGE]
Rule References
Fla. Prob. R. 5.025 Adversary proceedings.
- 65 -
Fla. Prob. R. 5.040 Notice.
Fla. Prob. R. 5.041 Service of pleadings and documents.
Fla. Prob. R. 5.120 Administrator ad litem and guardian ad
litem.
Fla. Prob. R. 5.205(a)(5) Filing evidence of death.
Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings
and documents.
Fla. R. Gen. Prac. & Jud. Admin. 2.425 Minimization of the
Filing of Sensitive Information.
RULE 5.386. ESCHEAT
(a)-(c) [NO CHANGE]
Committee Notes
This rule represents a rule implementation of the procedure
formerly found in section 732.107, Florida Statutes. It is not
intended to change the effect of the statute from which it was
derived but has been reformatted to conform with the structure of
these rules. It is not intended to create a new procedure or modify
an existing procedure.
Rule History
[NO CHANGE]
Statutory References
[NO CHANGE]
Rule References
Fla. Prob. R. 5.020 Pleadings; verification; motions.
- 66 -
Fla. Prob. R. 5.040 Notice.
Fla. Prob. R. 5.041 Service of pleadings and documents.
Fla. Prob. R. 5.042 Time.
Fla. Prob. R. 5.385 Determination of beneficiaries and shares.
Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings
and documents.
RULE 5.400. DISTRIBUTION AND DISCHARGE
(a)-(e) [NO CHANGE]
Committee Notes
The rule establishes a procedure for giving notice and serving
the final accounting, petition for discharge, and plan of distribution
to all interested persons prior to distribution and discharge. No
distinction is made in plans of distribution which distribute estate
property in kind among multiple residual beneficiaries
proportionate to their respective interests and those which include
equalizing adjustments in cash or property and which do not make
prorated distribution. If disclosure of the compensation or
disclosure of the manner of determining the compensation in the
petition for discharge is to be waived, the form of waiver must
conform to rule 5.180(b).
Rule History
[NO CHANGE]
Statutory References
[NO CHANGE]
Rule References
- 67 -
Fla. Prob. R. 5.020 Pleadings; verification; motions.
Fla. Prob. R. 5.040 Notice.
Fla. Prob. R. 5.041 Service of pleadings and documents.
Fla. Prob. R. 5.042 Time.
Fla. Prob. R. 5.180 Waiver and consent.
Fla. Prob. R. 5.330 Execution by personal representative.
Fla. Prob. R. 5.346 Fiduciary accounting.
Fla. Prob. R. 5.401 Objections to petition for discharge or final
accounting.
Fla. R. Gen. Prac. & Jud. Admin. 2.250(a)(1)(D) Time
standards for trial and appellate courts and reporting requirements.
Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings
and documents.
RULE 5.401. OBJECTIONS TO PETITION FOR DISCHARGE OR
FINAL ACCOUNTING
(a)-(f) [NO CHANGE]
Committee Notes
Rule History
[NO CHANGE]
Statutory References
[NO CHANGE]
Rule References
- 68 -
Fla. Prob. R. 5.020 Pleadings; verification; motions.
Fla. Prob. R. 5.040 Notice.
Fla. Prob. R. 5.041 Service of pleadings and documents.
Fla. Prob. R. 5.042 Time.
Fla. Prob. R. 5.180 Waiver and consent.
Fla. Prob. R. 5.400 Distribution and discharge.
Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings
and documents.
RULE 5.402. NOTICE OF LIEN ON PROTECTED HOMESTEAD
(a)-(c) [NO CHANGE]
Committee Notes
Rule History
[NO CHANGE]
Statutory References
[NO CHANGE]
Rule References
Fla. Prob. R. 5.040 Notice.
Fla. Prob. R. 5.041 Service of pleadings and documents.
Fla. Prob. R. 5.403 Proceedings to determine amount of lien on
protected homestead.
Fla. Prob. R. 5.404 Notice of taking possession of protected
homestead.
- 69 -
Fla. Prob. R. 5.405 Proceedings to determine protected
homestead real property.
Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings
and documents.
RULE 5.403. PROCEEDINGS TO DETERMINE AMOUNT OF
LIEN ON PROTECTED HOMESTEAD
(a)-(c) [NO CHANGE]
Committee Notes
Rule History
[NO CHANGE]
Statutory References
[NO CHANGE]
Rule References
Fla. Prob. R. 5.040 Notice.
Fla. Prob. R. 5.041 Service of pleadings and documents.
Fla. Prob. R. 5.402 Notice of lien on protected homestead.
Fla. Prob. R. 5.404 Notice of taking possession of protected
homestead.
Fla. Prob. R. 5.405 Proceedings to determine protected
homestead real property.
Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings
and documents.
RULE 5.405. PROCEEDINGS TO DETERMINE PROTECTED
HOMESTEAD REAL PROPERTY
- 70 -
(a)-(c) [NO CHANGE]
Committee Notes
This rule establishes the procedure by which the personal
representative or any interested person may petition the court for a
determination that certain real property constituted the decedent’s
protected homestead property, in accordance with article X, section
4 of the Florida Constitution. The jurisdiction of the court to
determine constitutional protected homestead property was
established by In re Noble’s Estate, 73 So. 2d 873 (Fla. 1954).
Rule History
1984 Revision-2012 Revision: [NO CHANGE]
2014 Revision: Amends subdivisions (b)(3) and (c) to conform
to Fla. R. Gen. Prac. & Jud. Admin. 2.425. Committee notes
revised.
Constitutional Reference
[NO CHANGE]
Statutory References
[NO CHANGE]
Rule References
Fla. Prob. R. 5.020 Pleadings; verification; motions.
Fla. Prob. R. 5.040 Notice.
Fla. Prob. R. 5.041 Service of pleadings and documents.
Fla. Prob. R. 5.205(a)(6) Filing evidence of death.
Fla. Prob. R. 5.340 Inventory.
- 71 -
Fla. Prob. R. 5.404 Notice of taking possession of protected
homestead.
Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings
and documents.
Fla. R. Gen. Prac. & Jud. Admin. 2.425 Minimization of the
Filing of Sensitive Information.
RULE 5.406. PROCEEDINGS TO DETERMINE EXEMPT
PROPERTY
(a)-(c) [NO CHANGE]
Committee Notes
This rule establishes the procedure by which the personal
representative or any interested person may petition the court for
determination of exempt property in accordance with article X,
section 4 of the Florida Constitution and section 732.402, Florida
Statutes.
Section 732.402, Florida Statutes, specifies the time within
which the petition to determine exempt property must be filed,
within 4 months after the date of service of the notice of
administration, unless extended as provided in the statute.
Rule History
1984 Revision-2012 Revision: [NO CHANGE]
2014 Revision: Subdivision (b)(2) amended to conform to Fla.
R. Gen. Prac. & Jud. Admin. 2.425 and provide the year of birth of
a minor. Committee notes revised.
Statutory References
[NO CHANGE]
- 72 -
Rule References
Fla. Prob. R. 5.020 Pleadings; verification; motions.
Fla. Prob. R. 5.040 Notice.
Fla. Prob. R. 5.041 Service of pleadings and documents.
Fla. Prob. R. 5.042 Time.
Fla. Prob. R. 5.420 Disposition of personal property without
administration.
Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings
and documents.
Fla. R. Gen. Prac. & Jud. Admin. 2.425 Minimization of the
Filing of Sensitive Information.
RULE 5.407. PROCEEDINGS TO DETERMINE FAMILY
ALLOWANCE
(a)-(c) [NO CHANGE]
Committee Notes
Rule History
2003 Revision-2012 Revision: [NO CHANGE]
2014 Revision: Subdivisions (b)(1) and (b)(2) are amended to
conform to Fla. R. Gen. Prac. & Jud. Admin. 2.425. Committee
notes revised.
2019 Revision: Subdivision (c) is revised to conform to Fla. R.
Gen. Prac. & Jud. Admin. 2.425. Committee notes revised.
Statutory References
[NO CHANGE]
- 73 -
Rule References
Fla. Prob. R. 5.020 Pleadings; verification; motions.
Fla. Prob. R. 5.040 Notice.
Fla. Prob. R. 5.041 Service of pleadings and documents.
Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings
and documents.
Fla. R. Gen. Prac. & Jud. Admin. 2.425 Minimization of the
Filing of Sensitive Information.
RULE 5.430. RESIGNATION OF PERSONAL REPRESENTATIVE
(a)-(k) [NO CHANGE]
Committee Notes
In the event of resignation of a personal representative, if a
joint personal representative is not serving, the successor fiduciary
must file an oath and designation of a successor resident agent.
This rule was revised to implement the revisions to the probate
code that govern resignation of personal representative. The
committee intended to separate the procedure with respect to
resignation from removal because these proceedings may differ in
practice.
Rule History
[NO CHANGE]
Statutory References
[NO CHANGE]
Rule References
- 74 -
Fla. Prob. R. 5.020 Pleadings; verification; motions.
Fla. Prob. R. 5.040 Notice.
Fla. Prob. R. 5.041 Service of pleadings and documents.
Fla. Prob. R. 5.180 Waiver and consent.
Fla. Prob. R. 5.310 Disqualification of personal representative;
notification.
Fla. Prob. R. 5.330 Execution by personal representative.
Fla. Prob. R. 5.345 Accountings other than personal
representatives’ final accountings.
Fla. Prob. R. 5.346 Fiduciary accounting.
Fla. Prob. R. 5.401 Objections to petition for discharge or final
accounting.
Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings
and documents.
RULE 5.440. PROCEEDINGS FOR REMOVAL OF PERSONAL
REPRESENTATIVE
(a)-(d) [NO CHANGE]
Committee Notes
The revision of subdivision (a) of this rule by the addition of its
final phrase represents a rule implementation of the procedure
found in section 733.505, Florida Statutes. It is not intended to
change the effect of the statute from which it was derived but has
been reformatted to conform with the structure of these rules. It is
not intended to create a new procedure or modify an existing
procedure.
- 75 -
Rule History
[NO CHANGE]
Statutory References
[NO CHANGE]
Rule References
Fla. Prob. R. 5.020 Pleadings; verification; motions.
Fla. Prob. R. 5.025 Adversary proceedings.
Fla. Prob. R. 5.040 Notice.
Fla. Prob. R. 5.041 Service of pleadings and documents.
Fla. Prob. R. 5.042 Time.
Fla. Prob. R. 5.150 Order requiring accounting.
Fla. Prob. R. 5.310 Disqualification of personal representative;
notification.
Fla. Prob. R. 5.345 Accountings other than personal
representatives’ final accountings.
Fla. Prob. R. 5.346 Fiduciary accounting.
Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings
and documents.
RULE 5.460. SUBSEQUENT ADMINISTRATION
(a)-(c) [NO CHANGE]
Committee Notes
This rule establishes a procedure for further administration
after estate is closed, which may be summary in nature.
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Rule History
[NO CHANGE]
Statutory Reference
[NO CHANGE]
Rule References
Fla. Prob. R. 5.020 Pleadings; verification; motions.
Fla. Prob. R. 5.040 Notice.
Fla. Prob. R. 5.041 Service of pleadings and documents.
Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings
and documents.
RULE 5.470. ANCILLARY ADMINISTRATION
(a)-(c) [NO CHANGE]
Committee Notes
Rule History
[NO CHANGE]
Statutory References
[NO CHANGE]
Rule References
Fla. Prob. R. 5.020 Pleadings; verification; motions.
Fla. Prob. R. 5.040 Notice.
Fla. Prob. R. 5.041 Service of pleadings and documents.
- 77 -
Fla. Prob. R. 5.042 Time.
Fla. Prob. R. 5.065(b) Notice of civil action or ancillary
administration.
Fla. Prob. R. 5.200 Petition for Administration.
Fla. Prob. R. 5.205(a)(2) Filing evidence of death.
Fla. Prob. R. 5.215 Authenticated copy of will.
Fla. Prob. R. 5.240 Notice of administration.
Fla. Prob. R. 5.241 Notice to creditors.
Fla. Prob. R. 5.475 Ancillary administration, short form.
Fed. R. Civ. P. 44(a) Proving an official record.
Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings
and documents.
RULE 5.475. ANCILLARY ADMINISTRATION, SHORT FORM
(a)-(f) [NO CHANGE]
Committee Notes
This rule represents a rule implementation of the procedure
found in section 734.1025, Florida Statutes. It is not intended to
change the effect of the statute from which it was derived but has
been reformatted to conform with the structure of these rules. It is
not intended to create a new procedure or modify an existing
procedure.
Rule History
[NO CHANGE]
Statutory References
- 78 -
[NO CHANGE]
Rule References
Fla. Prob. R. 5.020 Pleadings; verification; motions.
Fla. Prob. R. 5.040 Notice.
Fla. Prob. R. 5.041 Service of pleadings and documents.
Fla. Prob. R. 5.042 Time.
Fla. Prob. R. 5.065(b) Notice of civil action or ancillary
administration.
Fla. Prob. R. 5.205(a)(2) Filing evidence of death.
Fla. Prob. R. 5.215 Authenticated copy of will.
Fla. Prob. R. 5.240 Notice of administration.
Fla. Prob. R. 5.241 Notice to creditors.
Fla. Prob. R. 5.470 Ancillary administration.
Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings
and documents.
RULE 5.490. FORM AND MANNER OF PRESENTING CLAIM
(a)-(e) [NO CHANGE]
Committee Notes
Subdivision (d) of this rule represents a rule implementation of
the procedure found in section 733.704, Florida Statutes. It is not
intended to change the effect of the statute from which it was
derived but has been reformatted to conform with the structure of
these rules. It is not intended to create a new procedure or modify
an existing procedure.
- 79 -
Rule History
[NO CHANGE]
Statutory References
[NO CHANGE]
Rule References
Fla. Prob. R. 5.020 Pleadings; verification; motions.
Fla. Prob. R. 5.241 Notice to creditors.
Fla. Prob. R. 5.470 Ancillary administration.
Fla. Prob. R. 5.475 Ancillary administration, short form.
Fla. Prob. R. 5.530 Summary administration.
Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of Pleadings
and Documents
Fla. R. Gen. Prac. & Jud. Admin. 2.520 Documents
Fla. R. Gen. Prac. & Jud. Admin. 2.525 Electronic Filing.
RULE 5.496. FORM AND MANNER OF OBJECTING TO CLAIM
(a)-(c) [NO CHANGE]
Committee Notes
This rule represents an implementation of the procedure found
in section 733.705, Florida Statutes, and adds a requirement to
furnish notice of the time limitation in which an independent action
or declaratory action must be filed after objection to a claim.
Rule History
[NO CHANGE]
- 80 -
Statutory References
[NO CHANGE]
Rule References
Fla. Prob. R. 5.040 Notice.
Fla. Prob. R. 5.041 Service of pleadings and documents.
Fla. Prob. R. 5.498 Personal representative’s proof of claim.
Fla. Prob. R. 5.499 Form and manner of objecting to personal
representative’s proof of claim.
Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings
and documents.
RULE 5.498. PERSONAL REPRESENTATIVE’S PROOF OF
CLAIM
(a)-(b) [NO CHANGE]
Committee Notes
This rule represents an implementation of the procedure found
in section 733.703(2), Florida Statutes, with respect to a proof of
claim filed by the personal representative.
Rule History
[NO CHANGE]
Statutory References
[NO CHANGE]
Rule References
Fla. Prob. R. 5.041 Service of pleadings and documents.
- 81 -
Fla. Prob. R. 5.499 Form and manner of objecting to personal
representative’s proof of claim.
Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings
and documents.
RULE 5.499. FORM AND MANNER OF OBJECTING TO
PERSONAL REPRESENTATIVE’S PROOF OF
CLAIM
(a)-(e) [NO CHANGE]
Committee Notes
This rule represents an implementation of the procedure found
in section 733.705, Florida Statutes, with respect to a proof of claim
filed by the personal representative. The rule recognizes the
different treatment between items listed on a proof of claim as
having been paid versus items listed as to be paid. An objection to
an item listed as to be paid is treated in the same manner as a
creditor’s claim and there is a requirement to furnish notice of the
time limitation in which an independent action or declaratory action
must be filed after objection to a claim.
Rule History
[NO CHANGE]
Statutory Reference
[NO CHANGE]
Rule References
Fla. Prob. R. 5.040 Notice.
Fla. Prob. R. 5.041 Service of pleadings and documents.
Fla. Prob. R. 5.496 Form and manner of objecting to claim.
- 82 -
Fla. Prob. R. 5.498 Personal representative’s proof of claim.
Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings
and documents.
RULE 5.510. ESTABLISHMENT AND PROBATE OF LOST OR
DESTROYED WILL
(a)-(e) [NO CHANGE]
Committee Notes
This rule represents a rule implementation of the procedure
formerly found in section 733.207, Florida Statutes. It is not
intended to change the effect of the statute from which it was
derived but has been reformatted to conform with the structure of
these rules. It is not intended to create a new procedure or modify
an existing procedure.
Rule History
[NO CHANGE]
Statutory Reference
[NO CHANGE]
Rule References
Fla. Prob. R. 5.020 Pleadings; verification; motions.
Fla. Prob. R. 5.025 Adversary proceedings.
Fla. Prob. R. 5.040 Notice.
Fla. Prob. R. 5.041 Service of pleadings and documents.
Fla. Prob. R. 5.042 Time.
Fla. Prob. R. 5.200 Petition for administration.
- 83 -
Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings
and documents.
RULE 5.530. SUMMARY ADMINISTRATION
(a)-(d) [NO CHANGE]
Committee Notes
Verification and service of a petition for summary
administration are governed by rules 5.020, 5.040, and 5.041.
Section 735.206(2), Florida Statutes, relating to diligent search for,
and service of the petition for summary administration on,
reasonably ascertainable creditors is substantive. Nothing in this
rule is intended to change the effect of the statutory amendments.
Rule History
1977 Revision-2013 Revision: [NO CHANGE]
2014 Revision: Subdivision (a)(3) amended to provide only the
year of birth of a minor to conform to Fla. R. Gen. Prac. & Jud.
Admin. 2.425. Committee notes revised.
Statutory References
[NO CHANGE]
Rule References
Fla. Prob. R. 5.020 Pleadings; verification; motions.
Fla. Prob. R. 5.040 Notice.
Fla. Prob. R. 5.041 Service of pleadings and documents.
Fla. Prob. R. 5.205(a)(3) Filing evidence of death.
- 84 -
Fla. R. Gen. Prac. & Jud. Admin. 2.420 Public access to
judicial branch records.
Fla. R. Gen. Prac. & Jud. Admin. 2.425 Minimization of the
filing of sensitive information.
Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings
and documents.
RULE 5.550. PETITION TO DETERMINE INCAPACITY
(a)-(f) [NO CHANGE]
Committee Notes
Rule History
1980 Revision-2006 Revision: [NO CHANGE]
2014 Revision: Amends subdivision (a)(7) to conform with Fla.
R. Gen. Prac. & Jud. Admin. 2.425. Committee notes revised.
2016 Revision-2020 Revision: [NO CHANGE]
Statutory References
[NO CHANGE]
Rule References
Fla. Prob. R. 5.020 Pleadings; verification; motions.
Fla. Prob. R. 5.040(a)(3) Notice.
Fla. Prob. R. 5.800(a) Application of revised chapter 744 to
existing guardianships.
Fla. R. Gen. Prac. & Jud. Admin. 2.425 Minimization of the
Filing of Sensitive Information.
- 85 -
RULE 5.555. GUARDIANSHIPS OF MINORS
(a)-(f) [NO CHANGE]
Committee Notes
The provisions of chapter 744, Florida Statutes, and the
guardianship rules enacted in 1989 leave some uncertainty with
respect to the procedural requirements in guardianships for minors
who are not incapacitated persons. This rule is intended to address
only certain procedures with respect to the establishment and
administration of guardianships over minors. The committee
believes that certain provisions of the guardianship law and rules
apply to both guardianships of minors as well as guardianships of
incapacitated persons and no change has been suggested with
respect to such rules. Because no adjudication of a minor is
required by statute, it is contemplated that appointment of a
guardian for a minor may be accomplished without a hearing.
Initial and annual guardianship reports for minors have been
simplified where all assets are on deposit with a designated
financial institution under applicable Florida law.
Rule History
1991 Revision-2006 Revision: [NO CHANGE]
2014 Revision: Fla. R. Gen. Prac. & Jud. Admin. 2.425(b)(4) –
(5) provides exceptions for using the birth date of any minor
“whenever the birth date is necessary for the court to establish or
maintain subject matter jurisdiction,” as well as using the full name
in situations in which the “name of the minor in any order relating
to parental responsibility, time-sharing, or child support.”
Committee notes revised.
2020 Revision: [NO CHANGE]
Statutory References
- 86 -
[NO CHANGE]
Rule References
Fla. Prob. R. 5.040 Notice.
Fla. Prob. R. 5.541 Recording of hearings.
Fla. Prob. R. 5.560 Petition for appointment of guardian of an
incapacitated person.
Fla. Prob. R. 5.620 Inventory.
Fla. Prob. R. 5.636 Settlement of minors’ claims.
Fla. Prob. R. 5.690 Initial guardianship report.
Fla. R. Gen. Prac. & Jud. Admin. 2.425 Minimization of the
Filing of Sensitive Information.
RULE 5.560. PETITION FOR APPOINTMENT OF GUARDIAN OF
AN INCAPACITATED PERSON
(a)-(c) [NO CHANGE]
Committee Notes
Rule History
1975 Revision-2006 Revision: [NO CHANGE]
2014 Revision: Fla. R. Gen. Prac. & Jud. Admin. 2.425(b)(4) –
(5) provides exceptions for using the birth date of any minor
“whenever the birth date is necessary for the court to establish or
maintain subject matter jurisdiction,” as well as using the full name
in situations in which the “name of the minor in any order relating
to parental responsibility, time-sharing, or child support.”
Committee notes revised.
- 87 -
2016 Revision-2020 Revision: [NO CHANGE]
Statutory References
[NO CHANGE]
Rule References
Fla. Prob. R. 5.020 Pleadings; verification; motions.
Fla. Prob. R. 5.040 Notice.
Fla. Prob. R. 5.550 Petition to determine incapacity.
Fla. R. Gen. Prac. & Jud. Admin. 2.425 Minimization of the
Filing of Sensitive Information.
RULE 5.590. APPLICATION FOR APPOINTMENT AS
GUARDIAN; DISCLOSURE STATEMENT; FILING
(a)-(d) [NO CHANGE]
Committee Notes
Rule History
1988 Revision-2008 Revision: [NO CHANGE]
2014 Revision: Amends subdivisions (a)(1)(B) and (b)(1)(B) to
conform to Fla. R. Gen. Prac. & Jud. Admin. 2.425. Creates a rule
reference. Committee notes revised.
2014 Revision: [NO CHANGE]
Statutory References
[NO CHANGE]
Rule References
- 88 -
Fla. R. Gen. Prac. & Jud. Admin. 2.425 Minimization of the
Filing of Sensitive Information.
RULE 5.620. INVENTORY
(a)-(e) [NO CHANGE]
Committee Notes
Rule History
[NO CHANGE]
Statutory References
[NO CHANGE]
Rule References
Fla. Prob. R. 5.020 Pleadings; verification; motions.
Fla. Prob. R. 5.041 Service of pleadings and documents.
Fla. Prob. R. 5.060 Request for notices and copies of
pleadings.
Fla. Prob. R. 5.610 Execution by guardian.
Fla. Prob. R. 5.649 Guardian advocate.
Fla. Prob. R. 5.690 Initial guardianship report.
Fla. Prob. R. 5.700 Objection to guardianship reports.
Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings
and documents.
RULE 5.630. PETITION FOR APPROVAL OF ACTS
(a)-(d) [NO CHANGE]
- 89 -
Committee Notes
Rule History
[NO CHANGE]
Statutory References
[NO CHANGE]
Rule References
Fla. Prob. R. 5.020 Pleadings; verification; motions.
Fla. Prob. R. 5.025 Adversary proceedings.
Fla. Prob. R. 5.040 Notice.
Fla. Prob. R. 5.041 Service of pleadings and documents.
Fla. Prob. R. 5.060 Request for notices and copies of
pleadings.
Fla. Prob. R. 5.610 Execution by guardian.
Fla. Prob. R. 5.636 Settlement of minors’ claims.
Fla. Prob. R. 5.649 Guardian advocate.
Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings
and documents.
RULE 5.636. SETTLEMENT OF MINORS’ CLAIMS
(a)-(f) [NO CHANGE]
Committee Notes
When a civil action is pending, the petition for approval of
settlement should be filed in that civil action. In all other
circumstances, the petition for approval of settlement should be
- 90 -
filed in the same court and assigned to a judge who would preside
over a petition for appointment of guardian of a minor.
The total settlement to be considered under subdivisions (d)
and (e) is not limited to the amounts received only by the minor, but
includes all settlement payments or proceeds received by all parties
to the claim or action. For example, the proposed settlement may
have a gross value of $60,000, with $30,000 payable to the minor
and $30,000 payable to another party. In that instance the total
proposed settlement exceeds $50,000. Further, the “gross amount
payable” under subdivision (e) is the total sum payable, without
reducing the settlement amount by fees and costs that might be
paid from the proceeds of the settlement. For example, if the
proposed settlement is $60,000 but $20,000 of that sum will be
paid to the attorneys representing the minor’s interest in the action,
the “gross amount payable” still exceeds $50,000. Likewise, the
“gross amount payable” cannot be reduced to reflect the present
value of the proposed settlement on behalf of the minor.
Rule History
1992 Revision-2006 Revision: [NO CHANGE]
2014 Revision: Amends subdivision (b)(1) to conform to Fla. R.
Gen. Prac. & Jud. Admin. 2.425. Committee notes revised.
2019 Revision: [NO CHANGE]
Statutory References
[NO CHANGE]
Rule References
Fla. Prob. R. 5.040 Notice.
Fla. Prob. R. 5.042 Time.
- 91 -
Fla. Prob. R. 5.120 Administrator ad litem and guardian ad
litem.
Fla. Prob. R. 5.610 Execution by guardian.
Fla. Prob. R. 5.630 Petition for approval of acts.
Fla. R. Gen. Prac. & Jud. Admin. 2.425 Minimization of the
Filing of Sensitive Information.
RULE 5.646. STANDBY GUARDIANS
(a)-(c) [NO CHANGE]
Committee Notes
The standby guardian must file an oath pursuant to rule
5.600 before commencing the exercise of authority as guardian.
Prior to appointment, the standby guardian must file an application
pursuant to rule 5.590.
Section 393.12(10), Florida Statutes, provides that a guardian
advocate shall have all of the duties, responsibilities, and powers of
a guardian under Chapter 744, Florida Statutes. However, section
744.304 authorizes the appointment of a standby guardian only for
a minor or incapacitated person.
Rule History
2006 Revision-2008 Revision: [NO CHANGE]
2014 Revision: Subdivision (c)(1)(B) amended to conform to
Fla. R. Gen. Prac. & Jud. Admin. 2.425. Committee notes revised.
2016 Revision: [NO CHANGE]
Statutory Reference
[NO CHANGE]
- 92 -
Rule References
Fla. Prob. R. 5.590 Application for appointment as guardian;
disclosure statement; filing.
Fla. Prob. R. 5.600 Oath.
Fla. R. Gen. Prac. & Jud. Admin. 2.425 Minimization of the
Filing of Sensitive Information.
RULE 5.650. RESIGNATION OR DISQUALIFICATION OF
GUARDIAN; APPOINTMENT OF SUCCESSOR
(a)-(k) [NO CHANGE]
Committee Notes
Rule History
[NO CHANGE]
Statutory References
[NO CHANGE]
Rule References
Fla. Prob. R. 5.040 Notice.
Fla. Prob. R. 5.041 Service of pleadings and documents.
Fla. Prob. R. 5.180 Waiver and consent.
Fla. Prob. R. 5.610 Execution by guardian.
Fla. Prob. R. 5.649 Guardian advocate.
Fla. Prob. R. 5.681 Restoration of rights of person with
developmental disability.
- 93 -
Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings
and documents.
RULE 5.660. PROCEEDINGS FOR REMOVAL OF GUARDIAN
(a)-(e) [NO CHANGE]
Committee Notes
Rule History
[NO CHANGE]
Statutory References
[NO CHANGE]
Rule References
Fla. Prob. R. 5.025 Adversary proceedings.
Fla. Prob. R. 5.040 Notice.
Fla. Prob. R. 5.041 Service of pleadings and documents.
Fla. Prob. R. 5.649 Guardian advocate.
Fla. R. Gen. Prac. & Jud. Admin. 2.420 Public access to
judicial branch records.
Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings
and documents.
RULE 5.670. TERMINATION OF GUARDIANSHIP ON CHANGE
OF DOMICILE OF RESIDENT WARD
(a)-(h) [NO CHANGE]
Committee Notes
Rule History
- 94 -
[NO CHANGE]
Statutory References
[NO CHANGE]
Rule References
Fla. Prob. R. 5.041 Service of pleadings and documents.
Fla. Prob. R. 5.180 Waiver and consent.
Fla. Prob. R. 5.610 Execution by guardian.
Fla. Prob. R. 5.680 Termination of guardianship.
Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings
and documents.
RULE 5.680. TERMINATION OF GUARDIANSHIP
(a)-(g) [NO CHANGE]
Committee Notes
Rule History
[NO CHANGE]
Statutory References
[NO CHANGE]
Rule References
Fla. Prob. R. 5.040 Notice.
Fla. Prob. R. 5.041 Service of pleadings and documents.
Fla. Prob. R. 5.180 Waiver and consent.
Fla. Prob. R. 5.552 Voluntary guardianship of property.
- 95 -
Fla. Prob. R. 5.610 Execution by guardian.
Fla. Prob. R. 5.681 Restoration of rights of person with
developmental disability.
Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings
and documents.
RULE 5.690. INITIAL GUARDIANSHIP REPORT
(a)-(b) [NO CHANGE]
Committee Notes
The committee recognizes the conflict between this rule and
section 744.362, Florida Statutes, which requires the filing of the
initial guardianship report (which includes the inventory) within 60
days after appointment. The committee believes this provision,
which attempts to regulate when a document must be filed with the
court, is procedural and that a guardian may not receive letters of
guardianship empowering the guardian to act contemporaneously
with the appointment. Therefore, the issuance of letters is a more
practical time from which to measure the beginning of the time
period for the accomplishment of this act.
In the event the guardian of the property and the guardian of
the person are not the same entity or person, they shall make a
good faith effort to jointly file the initial guardianship report.
Rule History
[NO CHANGE]
Statutory References
[NO CHANGE]
Rule References
- 96 -
Fla. Prob. R. 5.020 Pleadings; verification; motions.
Fla. Prob. R. 5.041 Service of pleadings and documents.
Fla. Prob. R. 5.060 Request for notices and copies of
pleadings.
Fla. Prob. R. 5.180 Waiver and consent.
Fla. Prob. R. 5.610 Execution by guardian.
Fla. Prob. R. 5.620 Inventory.
Fla. Prob. R. 5.700 Objection to guardianship reports.
Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings
and documents.
RULE 5.695. ANNUAL GUARDIANSHIP REPORT
(a)-(b) [NO CHANGE]
Committee Notes
The annual guardianship report consists of the annual plan
for the guardian of the person and the annual accounting for the
guardian of the property.
For annual guardianship reports regarding minors, see rule
5.555.
With approval of the court, service on the ward may be
accomplished by service on the attorney for the ward, if any. The
committee was concerned that actual service on a ward of the
accounting or guardianship plan may give uninterested persons
access to financial or personal information to the detriment of the
ward. The committee believes that under such circumstances, the
guardian of the property could seek an order under section
- 97 -
744.371(5), Florida Statutes, even if the ward’s circumstances were
set out in detail in a pleading other than the annual guardianship
report. Such court order may be sought in appropriate
circumstances at the time of the initial hearing to determine
incapacity.
Rule History
[NO CHANGE]
Statutory References
[NO CHANGE]
Rule References
Fla. Prob. R. 5.020 Pleadings; verification; motions.
Fla. Prob. R. 5.041 Service of pleadings and documents.
Fla. Prob. R. 5.060 Request for notices and copies of
pleadings.
Fla. Prob. R. 5.180 Waiver and consent.
Fla. Prob. R. 5.552 Voluntary guardianship of property.
Fla. Prob. R. 5.555 Guardianships of minors.
Fla. Prob. R. 5.610 Execution by guardian.
Fla. Prob. R. 5.700 Objection to guardianship reports.
Fla. Prob. R. 5.800(b) Application of revised chapter 744 to
existing guardianships.
Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings
and documents.
RULE 5.696. GUARDIAN ACCOUNTING
- 98 -
(a)-(g) [NO CHANGE]
Committee Notes
The purpose of this substantial revision is for guardian
accountings to conform to rule 5.346 and the Fiduciary Accounting
Principles and Model Formats and commentaries incorporated into
rule 5.346. As set forth in subdivision (b)(1), the starting balance
shall be the ending balance of the preceding accounting, or if none,
the value of assets on the inventory.
Attached, as Appendix A, is a model accounting format which
is only a suggested form.
Rule History
[NO CHANGE]
Statutory References
[NO CHANGE]
Rule References
Fla. Prob. R. 5.020 Pleadings; verification; motions.
Fla. Prob. R. 5.041 Service of pleadings and documents.
Fla. Prob. R. 5.060 Request for notices and copies of
pleadings.
Fla. Prob. R. 5.346 Fiduciary Accounting.
Fla. Prob. R. 5.610 Execution by guardian.
Fla. Prob. R. 5.695 Annual guardianship report.
Fla. Prob. R. 5.700 Objection to guardianship reports.
- 99 -
Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings
and documents.
RULE 5.700. OBJECTION TO GUARDIANSHIP REPORTS
(a)-(c) [NO CHANGE]
Committee Notes
Rule History
[NO CHANGE]
Statutory References
[NO CHANGE]
Rule References
Fla. Prob. R. 5.020 Pleadings; verification; motions.
Fla. Prob. R. 5.041 Service of pleadings and documents.
Fla. Prob. R. 5.060 Request for notices and copies of
pleadings.
Fla. Prob. R. 5.180 Waiver and consent.
Fla. Prob. R. 5.610 Execution by guardian.
Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings
and documents.
FLORIDA RULES OF TRAFFIC COURT
RULE 6.350. COMPUTATION OF TIME
Computation of time of time shall be governed by Florida Rule of
General Practice and Judicial Administration 2.514.
RULE 6.575. RETENTION OF CASE FILES
- 100 -
Case files shall be retained as required by Florida Rule of General
Practice and Judicial Administration 2.430.
Committee Notes
[NO CHANGE]
FLORIDA SMALL CLAIMS RULES
RULE 7.040. CLERICAL AND ADMINISTRATIVE DUTIES OF
CLERK
(a) [NO CHANGE]
(b) Records. The clerk shall maintain records in which
accurate entries of all actions brought before the court and
notations of the proceedings shall comply with Florida Rule of
General Practice and Judicial Administration 2.425 and shall be
made:
(1)-(8) [NO CHANGE]
Court Commentary
[NO CHANGE]
Committee Note
[NO CHANGE]
FLORIDA SMALL CLAIMS RULES
RULE 7.050. COMMENCEMENT OF ACTION; STATEMENT OF
CLAIM
(a) [NO CHANGE]
(b) Parties. The names, addresses, and, if known, telephone
numbers, including area code, of all parties or their attorneys, if
- 101 -
any, must be stated on the statement of claim. A party not
represented by an attorney may include an e-mail address.
Additionally, attorneys must include their Florida Bar number on
all papers filed with the court, as well as an e-mail address, in
compliance with the Florida Rules of General Practice and Judicial
Administration 2.515 and 2.516. A statement of claim shall not be
subject to dismissal for the failure to include a telephone number.
(c)-(e) [NO CHANGE]
Committee Notes
[NO CHANGE]
Court Commentary
[NO CHANGE]
RULE 7.080. SERVICE AND FILING OF PLEADINGS AND
DOCUMENTS OTHER THAN STATEMENT OF
CLAIM
(a) [NO CHANGE]
(b) How Made. When a party is represented by an attorney,
service of papers other than the statement of claim and
summons/notice to appear shall be made on the attorney unless
the court orders service to be made on the party. Service on an
attorney or a party not represented by an attorney must be made in
compliance with Florida Rule of General Practice and Judicial
Administration 2.516.
(c) [NO CHANGE]
(d) Filing with the Court Defined. The filing of documents
with the court as required by these rules is made by filing them
with the clerk, except that the judge may permit the documents to
- 102 -
be filed with the judge, in which event the judge shall note thereon
the filing date and transmit them to the clerk, and the clerk shall
file them as of the same date they were filed with the judge. Parties
represented by an attorney must file documents in compliance with
the electronic filing (e-filing) requirements set forth in Florida Rule
of General Practice and Judicial Administration 2.525. Parties not
represented by an attorney may file documents in compliance with
the e-filing requirement if permitted by the Florida Rules of General
Practice and Judicial Administration.
(e)-(f) [NO CHANGE]
Court Commentary
[NO CHANGE]
FORM 7.315. DESIGNATION OF E-MAIL ADDRESS FOR PARTY
NOT REPRESENTED BY AN ATTORNEY
(CAPTION)
DESIGNATION OF E-MAIL ADDRESS FOR PARTY
NOT REPRESENTED BY AN ATTORNEY
Pursuant to Florida Rule of General Practice and Judicial
Administration 2.516, I, .....(name)....., designate the below e-mail
address(es) for electronic service of all documents related to this
case.
By completing this form, I am authorizing the court, clerk of
court, and all parties to send copies of notices, orders, judgments,
motions, pleadings, or other written communications to me by e-
mail or through the Florida Courts E-filing Portal.
I will file a written notice with the clerk of court if my current
e-mail address changes.
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.....(designated e-mail address).....
.....(secondary designated e-mail address(es) (if any)).....
I certify that a copy hereof has been furnished to the clerk of
court for .......... County and .....(insert name(s) and address(es) of
parties used for service)..... by .....(e-mail) (hand delivery) (mail).....
on .....(date)......
.....(signature).....
…..(printed name)…..
.....(e-mail address).....
…..(address)…..
…..(phone number)…..
Committee Note
[NO CHANGE]
FORM 7.322. SUMMONS/NOTICE TO APPEAR
FOR PRETRIAL CONFERENCE
(CAPTION)
STATE OF FLORIDA — NOTICE TO PLAINTIFF(S) AND
DEFENDANT(S)
…..(Plaintiff’s Name(s) and Address(es))…..
…..(Defendant’s Names(s) and addresses(es))…..
YOU ARE HEREBY NOTIFIED that you are required to appear in
person or by attorney at the ..... in Courtroom #....., located at
...................., on .....(date)....., at .....(time)….., for a PRETRIAL
CONFERENCE before this court.
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IMPORTANT—READ CAREFULLY THE CASE WILL NOT BE TRIED AT THAT
TIME. DO NOT BRING WITNESSES—APPEAR IN PERSON OR BY
ATTORNEY
The defendant(s) must appear in court on the date specified in
order to avoid a default judgment. The plaintiff(s) must appear to
avoid having the case dismissed for lack of prosecution. A written
MOTION or ANSWER to the court by the plaintiff(s) or the
defendant(s) shall not excuse the personal appearance of a party or
its attorney in the PRETRIAL CONFERENCE. The date and time of
the pretrial conference CANNOT be rescheduled without good cause
and prior court approval.
Any business entity recognized under Florida law may be
represented at any stage of the trial court proceedings by any
principal of the business entity who has legal authority to bind the
business entity or any employee authorized in writing by a principal
of the business entity. A principal is defined as being an officer,
member, managing member, or partner of the business entity.
Written authorization must be brought to the Pretrial Conference.
The purpose of the pretrial conference is to record your
appearance, to determine if you admit all or part of the claim, to
enable the court to determine the nature of the case, and to set the
case for trial if the case cannot be resolved at the pretrial
conference. You or your attorney should be prepared to confer with
the court and to explain briefly the nature of your dispute, state
what efforts have been made to settle the dispute, exhibit any
documents necessary to prove the case, state the names and
addresses of your witnesses, stipulate to the facts that will require
no proof and will expedite the trial, and estimate how long it will
take to try the case.
Mediation may take place at the pretrial conference. Whoever
appears for a party must have full authority to settle. Failure to
have full authority to settle at this pretrial conference may result in
- 105 -
the imposition of costs and attorney fees incurred by the opposing
party.
If you admit the claim, but desire additional time to pay, you
must come and state the circumstances to the court. The court may
or may not approve a payment plan and withhold judgment or
execution or levy.
RIGHT TO VENUE. The law gives the person or company
who has sued you the right to file in any one of several places
as listed below. However, if you have been sued in any place
other than one of these places, you, as the defendant(s), have
the right to request that the case be moved to a proper location
or venue. A proper location or venue may be one of the
following: (1) where the contract was entered into; (2) if the
suit is on an unsecured promissory note, where the note is
signed or where the maker resides; (3) if the suit is to recover
property or to foreclose a lien, where the property is located;
(4) where the event giving rise to the suit occurred; (5) where
any one or more of the defendants sued reside; (6) any location
agreed to in a contract; (7) in an action for money due, if there
is no agreement as to where suit may be filed, where payment
is to be made.
If you, as the defendant(s), believe the plaintiff(s) has/have not
sued in one of these correct places, you must appear on your court
date and orally request a transfer, or you must file a WRITTEN
request for transfer in affidavit form (sworn to under oath) with the
court 7 days prior to your first court date and send a copy to the
plaintiff(s) or plaintiff’s(s’) attorney, if any.
A copy of the statement of claim shall be served with this
summons/notice to appear.
Issued on .....(date)......
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As Clerk of the County Court
If you are a person with a disability who needs any
accommodation in order to participate in this proceeding, you
are entitled, at no cost to you, to the provision of certain
assistance. Please contact [identify applicable court personnel
by name, address, and telephone number] at least 7 days before
your scheduled court appearance, or immediately upon
receiving this notification if the time before the scheduled
appearance is less than 7 days; if you are hearing or voice
impaired, call 711.
Committee Note
Pursuant to Florida Rule of General Practice and Judicial
Administration 2.540(c), the advisement regarding accommodations
shall be in bold face, 14-point font Times New Roman or Courier
font.
FORM 7.323. PRETRIAL CONFERENCE ORDER AND NOTICE
OF TRIAL
(CAPTION)
.....(Plaintiff’s Name).....
.....(Plaintiff’s Address).....
.....(Plaintiff’s Telephone Number).....
.....(Plaintiff’s E-mail Address (optional if pro se)).....
Represented by .....(self, agent, attorney [include agent or attorney’s
name]).....
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.....(Defendant’s Name).....
.....(Defendant’s Address).....
.....(Defendant’s Telephone Number).....
.....(Defendant’s E-mail Address (optional if pro se)).....
Represented by .....(self, agent, attorney [include agent or attorney’s
name]).....
PRETRIAL CONFERENCE ORDER AND NOTICE OF TRIAL
1. DEFENDANT: ISSUES:
denies liability and damages Liability and damages
admits liability – denies damages Liability only
granted days to file a Damages only
counterclaim and/or third-party complaint
2. WITNESSES (total)
Plaintiff Defendant Parties advised of
availability of subpoena power
______ Parties advised of probable need for an expert testimony from
.
3. EXHIBITS, DOCUMENTS, AND TANGIBLE EVIDENCE
Parties are instructed that within days of this order they must
furnish the names and addresses of all witnesses they intend to call
at trial and to permit inspection, by appointment, or furnish copies
of any exhibits, documents, or tangible evidence that they intend to
use at trial to the other party in this case.
Plaintiff Witnesses:
- 108 -
Description of Plaintiff’s exhibits, documents, tangible evidence to
be used at trial:
Defendant Witnesses:
Description of Defendant’s exhibits, documents, tangible evidence
to be used at trial:
4. DISCOVERY MAY BE HAD IN ACCORDANCE WITH SMALL
CLAIMS RULE 7.020.
5. STIPULATION OR OTHER:
TRIAL DATE: .....(date)....., at .....(time)….., for ..... hour(s)
PLACE: …………… County Courthouse, ……………, Courtroom
No. ….., ……………, FL
JUDGE: ……………, Telephone No.: ……….
ORDERED ON .....(date)......
Judge’s Signature
Judge’s printed name
IMPORTANT—TURN OVER AND READ TRIAL INSTRUCTIONS ON
REVERSE SIDE.
RECEIVED FOR:
For Plaintiff For Defendant
[The following instructions are to be placed on the reverse side of
the order and notice of trial.]
IMPORTANT — READ CAREFULLY!
- 109 -
YOU HAVE NOW ATTENDED A PRETRIAL CONFERENCE ON A
SMALL CLAIMS ACTION. THIS WILL BE THE ONLY NOTICE YOU
WILL RECEIVE CONCERNING YOUR TRIAL DATE AND WHAT YOU
NEED TO DO TO PREPARE FOR YOUR TRIAL. DO NOT LOSE THIS
ORDER AND NOTICE OF TRIAL. YOU ARE NOW SCHEDULED FOR
A TRIAL AS LISTED ON THE REVERSE SIDE OF THIS PAPER.
MAKE SURE YOU ARE AWARE OF ALL OF THE FOLLOWING:
1. NONJURY TRIAL—You are now scheduled for a nonjury trial
before a county court judge.
2. TRIAL DATE—Do not forget your trial date. Failure to come to
court on the given date at the right time may result in your losing
the case and the other party winning.
3. EXCHANGE OF DOCUMENTS AND INFORMATION—If the
judge told you to submit any documents or give any information to
the other party (such as a list of your witnesses’ names and
addresses), DO IT. Failure to do this as directed by the judge may
cause court sanctions against you such as extra court costs,
contempt of court, or delays.
4. COUNTERCLAIMS—If you are the plaintiff and you have been
given a written notice that a counterclaim has been filed against
you in this lawsuit, this means that you are now being sued by the
defendant. Also, if at the pretrial conference the judge allowed the
defendant a certain number of days to file a counterclaim, the
defendant must file that counterclaim within that number of days
from the date of this pretrial conference order. If the defendant does
that, the defendant has a claim now pending against you. If, at the
time of the trial, the counterclaim has been properly filed, there are
2 lawsuits being considered by the judge at the same time: the
plaintiff’s suit against the defendant and the defendant’s suit
against the plaintiff. In the event that both claims are settled by the
parties, both parties should notify the Clerk of the County Court,
Civil Division, , IN WRITING, of the settlement.
Only after both the plaintiff and the defendant have notified the
- 110 -
clerk in writing of the settlement is it not necessary for the parties
to appear in court. Settlement of one claim, either the plaintiff’s
claim against the defendant or the defendant’s claim against the
plaintiff, has no effect as to the other claim, and that remaining
claim will proceed to trial on the trial date listed on the pretrial
conference order.
5. THIRD-PARTY COMPLAINTS—If you are the defendant and
you believe that the plaintiff may win the suit against you, but, if
the plaintiff does, someone else should pay you so you can pay the
plaintiff, then you must file a third-party complaint against that
person and serve that person with notice of your claim. Once
served, that person must appear in court as you have to answer
your complaint against that person. This must be done prior to trial
within the time allowed you by the judge.
6. TRIAL PREPARATION—Bring all witnesses and all documents
and all other evidence you plan to use at the trial. There is only one
trial! Have everything ready and be on time. If the judge advised you
at the pretrial conference hearing that you needed something for
the trial, such as an expert witness (an automobile mechanic, an
automobile body worker, a carpenter, a painter, etc.) or a particular
document (a note, a lease, receipts, statements, etc.), make sure
that you have that necessary person or evidence at the trial. Written
estimates of repairs are usually not acceptable as evidence in court
unless both parties agree that the written estimates are proper for
the judge to consider or unless the person who wrote the estimates
is present to testify as to how that person arrived at the amounts on
the estimates and that those amounts are reasonable in that
particular line of business.
7. COURT REPORTER AND APPEALS—Your nonjury trial will not
be recorded. If you wish a record of the proceedings, a court
reporter is necessary and must be hired at your own expense.
Appeals to a higher court because you are not satisfied with the
- 111 -
outcome of the trial are governed by special rules. One of these
rules requires that the appellate court have a complete record of the
trial to review for errors. If you do not have a court reporter at your
trial, your chances for success on appeal will be severely limited.
8. SETTLEMENT—If all parties agree on settlement of all claims
before trial, each party must notify the judge by telephone so that
the allotted trial time may be reassigned to someone else.
Immediately thereafter, the parties must, in writing, notify the clerk
of the settlement, and the court will thereafter dismiss the case. The
mailing address is: Clerk of the County Court, Civil Division,
.
9. ADDRESS CHANGES—All changes in mailing addresses must
be furnished in writing to the clerk and to the opposing party.
10. ADDITIONAL PROBLEMS—For anything you do not
understand about the above information and for any additional
questions you may have concerning the preparation of your case for
trial, please contact the Clerk of the County Court, Civil Division, in
person or by telephone ( ) . The clerk is not authorized to
practice law and therefore cannot give you legal advice on how to
prove your case. However, the clerk can be of assistance to you in
questions of procedure. If you need legal advice, please contact an
attorney of your choice. If you know of none, call the
County Bar Association, Lawyer Referral Service, for assistance, ( )
.
If you are a person with a disability who needs any
accommodation in order to participate in this proceeding, you
are entitled, at no cost to you, to the provision of certain
assistance. Please contact [identify applicable court personnel
by name, address, and telephone number] at least 7 days before
your scheduled court appearance, or immediately upon
receiving this notification if the time before the scheduled
- 112 -
appearance is less than 7 days; if you are hearing or voice
impaired, call 711.
Committee Note
Pursuant to Florida Rule of General Practice and Judicial
Administration 2.540(c), the advisement regarding accommodations
shall be in bold face, 14-point font Times New Roman or Courier
font.
FLORIDA RULES OF JUVENILE PROCEDURE
RULE 8.004. ELECTRONIC FILING
(a) All documents that are court records, as defined in
Florida Rule of General Practice and Judicial Administration
2.430(a)(1), are to be filed by electronic transmission, consistent
with the requirements of Florida Rule of General Practice and
Judicial Administration 2.525, provided that:
(1)-(3) [NO CHANGE]
(b) [NO CHANGE]
(c) The following paper documents or other submissions
may be manually submitted to the clerk for filing under the
following circumstances:
(1)-(2) [NO CHANGE]
(3) by attorneys excused from e-mail service pursuant to
these rules or Florida Rule of General Practice and Judicial
Administration 2.516;
(4)-(8) [NO CHANGE]
(d) [NO CHANGE]
- 113 -
(e) Where these rules are silent, Florida Rule of General
Practice and Judicial Administration 2.525 controls.
(f) Electronic transmission may be used by a court for the
service of all orders, pursuant to Florida Rule of General Practice
and Judicial Administration 2.516, and for the service of filings
pursuant to any ECF Procedures, provided the clerk, together with
input from the chief judge of the circuit, has obtained approval from
the supreme court of ECF Procedures containing the specific
procedures and program to be used in transmitting the orders and
filings.
RULE 8.085. PREHEARING MOTIONS AND SERVICE
(a) [NO CHANGE]
(b) Service of Pleadings and Papers.
(1) [NO CHANGE]
(2) How Made. When service is required or permitted to
be made upon a party represented by an attorney, service shall be
made upon the attorney unless service upon the party is ordered by
the court. Service upon the attorney or party shall be made by
electronic mail (e-mail) consistent with the requirements of Florida
Rule of General Practice and Judicial Administration 2.516, unless
the parties stipulate otherwise. Service on or by all parties who are
not represented by an attorney and who do not designate an e-mail
address, and on and by all attorneys excused from e-mail service,
must be made by delivering a copy or by mailing it to the attorney
or party’s last known address or, if no address is known, by leaving
it with the clerk of the court. Service by mail shall be complete upon
mailing. Delivery of a copy within this rule shall mean:
(A)-(E) [NO CHANGE]
- 114 -
(3)-(6) [NO CHANGE]
(c)-(h) [NO CHANGE]
Committee Notes
[NO CHANGE]
RULE 8.180. COMPUTATION AND ENLARGEMENT OF TIME
(a) Computation. Computation of time shall be governed by
Florida Rule of General Practice and Judicial Administration 2.514,
except for rules 8.013 and 8.010, to which rule 2.514(a)(2)(C) shall
not apply and the statutory time period shall govern.
(b) [NO CHANGE]
RULE 8.240. COMPUTATION, CONTINUANCE, EXTENSION,
AND ENLARGEMENT OF TIME
(a) Computation. Computation of time shall be governed by
Florida Rule of General Practice and Judicial Administration 2.514,
except for rules 8.300 and 8.305, to which rule 2.514(a)(2)(C) shall
not apply and the statutory time period shall govern.
(b)-(d) [NO CHANGE]
RULE 8.257. GENERAL MAGISTRATES
(a)-(c) [NO CHANGE]
(d) Hearings.
(1) [NO CHANGE]
(2) The general magistrate shall take testimony and
establish a record which may be by electronic means as provided by
Florida Rule of General Practice and Judicial Administration
- 115 -
2.535(g)(3) or by a court reporter. The parties may not waive this
requirement.
(3) The general magistrate shall have authority to
examine under oath the parties and all witnesses on all matters
contained in the referral, to require production of all books, papers,
writings, vouchers, and other documents applicable to it, and to
examine on oath orally all witnesses produced by the parties. The
general magistrate may take all actions concerning evidence that
can be taken by the circuit court and in the same manner. The
general magistrate shall have the same powers as a circuit judge to
use communications equipment as defined and regulated by Florida
Rule of General Practice and Judicial Administration 2.530.
(4) [NO CHANGE]
(e)-(h) [NO CHANGE]
RULE 8.630. COMPUTATION AND ENLARGEMENT OF TIME
(a) Computation. Computation of time shall be governed by
Florida Rule of General Practice and Judicial Administration, except
for rule 8.655, to which 2.514(a)(2)(C) shall not apply and the
statutory time period shall govern.
(b)-(c) [NO CHANGE]
FLORIDA RULES OF APPELLATE PROCEDURE
RULE 9.010. EFFECTIVE DATE; SCOPE; APPLICABILITY OF
FLORIDA RULES OF GENERAL PRACTICE AND
JUDICIAL ADMINISTRATION
These rules, cited as “Florida Rules of Appellate Procedure,”
and abbreviated “Fla. R. App. P.,” shall take effect at 12:01 a.m. on
March 1, 1978. They shall govern all proceedings commenced on or
after that date in the supreme court, the district courts of appeal,
- 116 -
and the circuit courts in the exercise of the jurisdiction described
by rule 9.030(c); provided that any appellate proceeding commenced
before March 1, 1978, shall continue to its conclusion in the court
in which it is then pending in accordance with the Florida Appellate
Rules, 1962 Amendment.
The Florida Rules of General Practice and Judicial
Administration are applicable in all proceedings governed by these
rules, except as otherwise provided by these rules. These rules shall
supersede all conflicting statutes and, as provided in Florida Rule of
General Practice and Judicial Administration 2.130, all conflicting
rules of procedure.
Committee Notes
[NO CHANGE]
RULE 9.020. DEFINITIONS
The following terms have the meanings shown as used in
these rules:
(a)-(j) [NO CHANGE]
(k) Signed. A signed document is one containing a signature
as provided by Florida Rule of General Practice and Judicial
Administration 2.515(c).
(l) [NO CHANGE]
Committee Notes
[NO CHANGE]
Court Commentary
[NO CHANGE]
- 117 -
RULE 9.040. GENERAL PROVISIONS
(a)-(h) [NO CHANGE]
(i) Request to Determine Confidentiality of Appellate
Court Records. Requests to determine the confidentiality of
appellate records are governed by Florida Rule of General Practice
and Judicial Administration 2.420.
(j) Public Availability of Written Opinions. Except for
written opinions determined to be confidential under Florida Rule of
General Practice and Judicial Administration 2.420, the court shall
make publicly available on the court’s website all written opinions
entered on an appeal or petition. Each written opinion made
publicly available shall be text searchable and in a Portable
Document Format (“PDF”).
Committee Notes
[NO CHANGE]
RULE 9.045. FORM OF DOCUMENTS
(a) Generally. All documents, as defined in Florida Rule of
General Practice and Judicial Administration 2.520(a), filed with the
court shall comply with Florida Rule of General Practice and
Judicial Administration 2.520 and with this rule. If filed in
electronic format, parties shall file only the electronic version.
(b)-(c) [NO CHANGE]
(d) Signature. All documents filed with the court must be
signed as required by Florida Rule of General Practice and Judicial
Administration 2.515.
(e) [NO CHANGE]
RULE 9.050. MAINTAINING PRIVACY OF PERSONAL DATA
- 118 -
(a) Application. Unless otherwise required by another rule
of court or permitted by leave of court, all briefs, petitions, replies,
appendices, motions, notices, stipulations, and responses and any
attachment thereto filed with the court shall comply with the
requirements of Florida Rule of General Practice and Judicial
Administration 2.425.
(b)-(c) [NO CHANGE]
RULE 9.100. ORIGINAL PROCEEDINGS
(a)-(c) [NO CHANGE]
(d) Orders Excluding or Granting Access to Press or
Public.
(1) A petition to review an order excluding the press or
public from, or granting the press or public access to, any
proceeding, any part of a proceeding, or any records of the judicial
branch, shall be filed in the court as soon as practicable following
rendition of the order to be reviewed, if written, or announcement of
the order to be reviewed, if oral, but no later than 30 days after
rendition of the order. A copy of the petition shall be furnished to
the person (or chairperson of the collegial administrative agency)
issuing the order, the parties to the proceeding, and any affected
non-parties, as defined in Florida Rule of General Practice and
Judicial Administration 2.420.
(2)-(3) [NO CHANGE]
(e)-(k) [NO CHANGE]
Committee Notes
[NO CHANGE]
Court Commentary
- 119 -
[NO CHANGE]
RULE 9.140. APPEAL PROCEEDINGS IN CRIMINAL CASES
(a)-(e) [NO CHANGE]
(f) Record.
(1) [NO CHANGE]
(2) Transcripts.
(A)-(B) [NO CHANGE]
(C) Except as permitted in subdivision (f)(2)(D) of
this rule, the parties shall serve the designation on the approved
court reporter or approved transcriptionist to file with the clerk of
the lower tribunal the transcripts for the court and sufficient paper
copies for all parties exempt from service by e-mail as set forth in
Florida Rule of General Practice and Judicial Administration 2.516.
(D) [NO CHANGE]
(E) In state appeals, the state shall serve a
designation on the approved court reporter or approved
transcriptionist to prepare and file with the clerk of the lower
tribunal the transcripts and sufficient copies for all parties exempt
from service by e-mail as set forth in Florida Rule of General
Practice and Judicial Administration 2.516. Alternatively, the state
may elect to use the procedure specified in subdivision (f)(2)(D) of
this rule.
(F) [NO CHANGE]
(3)-(6) [NO CHANGE]
(g)-(i) [NO CHANGE]
Committee Notes
- 120 -
[NO CHANGE]
Court Commentary
[NO CHANGE]
RULE 9.146. APPEAL PROCEEDINGS IN JUVENILE
DEPENDENCY AND TERMINATION OF PARENTAL
RIGHTS CASES AND CASES INVOLVING
FAMILIES AND CHILDREN IN NEED OF
SERVICES
(a)-(e) [NO CHANGE]
(f) Confidentiality. All documents that are filed in paper
format under seal shall remain sealed in the office of the clerk of the
court when not in use by the court, and shall not be open to
inspection except by the parties and their counsel, or as otherwise
ordered, pursuant to Florida Rule of General Practice and Judicial
Administration 2.420.
(g) Special Procedures and Time Limitations Applicable
to Appeals of Final Orders in Dependency or Termination of
Parental Rights Proceedings.
(1) [NO CHANGE]
(2) The Record.
(A) [NO CHANGE]
(B) Transcripts of Proceedings. The appellant shall
file a designation to the court reporter, including the name(s) of the
individual court reporter(s), if applicable, with the notice of appeal.
The designation shall be served on the court reporter on the date of
filing and shall state that the appeal is from a final order of
termination of parental rights or of dependency, and that the court
- 121 -
reporter shall provide the transcript(s) designated within 20 days of
the date of service. Within 20 days of the date of service of the
designation, the court reporter shall transcribe and file with the
clerk of the lower tribunal the transcripts and sufficient copies for
all parties exempt from service by e-mail as set forth in Florida Rule
of General Practice and Judicial Administration 2.516. If
extraordinary reasons prevent the reporter from preparing the
transcript(s) within the 20 days, the reporter shall request an
extension of time, shall state the number of additional days
requested, and shall state the extraordinary reasons that would
justify the extension.
(C) Directions to the Clerk, Duties of the Clerk,
Preparation and Transmission of the Record. The appellant shall file
directions to the clerk with the notice of appeal. The clerk shall
electronically transmit the record to the court within 5 days of the
date the court reporter files the transcript(s) or, if a designation to
the court reporter has not been filed, within 5 days of the filing of
the notice of appeal. When the record is electronically transmitted
to the court, the clerk shall simultaneously electronically transmit
the record to the Department of Children and Families, the
guardian ad litem, counsel appointed to represent any indigent
parties, and shall simultaneously serve copies of the index to all
nonindigent parties, and, upon their request, copies of the record or
portions thereof. The clerk shall provide the record in paper format
to all parties exempt from electronic service as set forth in the
Florida Rules of General Practice and Judicial Administration.
(3)-(7) [NO CHANGE]
(h) [NO CHANGE]
(i) Ineffective Assistance of Counsel for Parents’
Claims—Special Procedures and Time Limitations Applicable to
- 122 -
Appeals of Orders in Termination of Parental Rights
Proceedings Involving Ineffective Assistance of Counsel Claims.
(1)-(3) [NO CHANGE]
(4) Ineffective Assistance of Counsel Motion Filed After
Commencement of Appeal. If an appeal is pending, a parent may file
a motion claiming ineffective assistance of counsel pursuant to
Florida Rule of Juvenile Procedure 8.530 if the filing occurs within
20 days of rendition of the order terminating parental rights.
(A) [NO CHANGE]
(B) Supplemental Record; Transcripts of
Proceedings. The appellant shall file a second designation to the
court reporter, including the name(s) of the individual court
reporter(s). The appellant shall serve the designation on the court
reporter on the date of filing and shall state that the appeal is from
an order of termination of parental rights, and that the court
reporter shall provide the transcript of the hearing on the motion
claiming ineffective assistance of counsel within 20 days of the date
of service. Within 20 days of the date of service of the designation,
the court reporter shall transcribe and file with the clerk of the
lower tribunal the transcript and sufficient copies for all parties
exempt from service by e-mail as set forth in the Florida Rules of
General Practice and Judicial Administration. If extraordinary
reasons prevent the reporter from preparing the transcript within
the 20 days, the reporter shall request an extension of time, state
the number of additional days requested, and state the
extraordinary reasons that would justify the extension.
(C) [NO CHANGE]
Committee Notes
- 123 -
[NO CHANGE]
RULE 9.200. THE RECORD
(a)-(c) [NO CHANGE]
(d) Preparation and Transmission of Electronic Record.
(1) The clerk of the lower tribunal shall prepare the
record as follows:
(A) The clerk of the lower tribunal shall assemble
the record on appeal and prepare a cover page and a complete index
to the record. The cover page shall include the name of the lower
tribunal, the style and number of the case, and the caption
RECORD ON APPEAL in 48-point bold font. Consistent with Florida
Rule of General Practice and Judicial Administration 2.420(g)(8),
the index shall indicate any confidential information in the record
and if the information was determined to be confidential in an
order, identify such order by date or docket number and record
page number. The clerk of the lower tribunal shall not be required
to verify and shall not charge for the incorporation of any
transcript(s) into the record. The transcript of the trial shall be kept
separate from the remainder of the record on appeal and shall not
be renumbered by the clerk. The progress docket shall be
incorporated into the record immediately after the index.
(B)-(C) [NO CHANGE]
(2) [NO CHANGE]
(3) The clerk of the lower tribunal shall certify the
record, redact the PDF files of the record and the transcript of the
trial pursuant to Florida Rule of General Practice and Judicial
Administration 2.420(d), and transmit the redacted PDF files to
This text is long and has been trimmed here. Open the source document for the complete record.