Opinion

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

Court
Supreme Court of Florida
Filed
Oct 28, 2021
Status
Published
Cited by
0 cases
Authority
More cited than 21.8%

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.

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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-

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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

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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

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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

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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.

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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.

- 76 -

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.

- 103 -

.....(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.

- 104 -

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)......

- 106 -

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]).....

- 107 -

.....(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.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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