In Re Fla. Rules of Judicial Administration , 372 So. 2d 449 ( 1979 )


Menu:
  • 372 So. 2d 449 (1979)

    In re FLORIDA RULES OF JUDICIAL ADMINISTRATION.

    No. 54525.

    Supreme Court of Florida.

    June 14, 1979.

    PER CURIAM.

    On June 30, 1978, the Court promulgated new Florida Rules of Judicial Administration[*] designed to update and consolidate a number of related provisions that had previously appeared throughout the Court's civil, criminal, appellate, and transition rules. These rules were made effective on July 1, 1978, subject to Court revision on the basis of comments submitted by any interested persons not later than December 31, 1978.

    The Court has received and appreciates the many thoughtful suggestions filed by judges, lawyers, and judicial personnel throughout the state. We have reviewed each matter carefully, and many of the recommendations have been adopted and incorporated into the rules. In addition, minor technical and drafting changes have been made to enhance the clarity and internal consistency of these rules.

    The appended Florida Rules of Judicial Administration, as revised, shall take effect at 12:01 a.m. on July 1, 1979. (For the purpose of identifying modifications, we have underscored language that has been added and used strike-throughs to indicate language that has been deleted. Mere capitalization and punctuation changes are not reflected.)

    Upon these rules becoming effective, the following provisions of our other rules shall stand repealed or amended, as indicated:

    A. FLORIDA RULES OF CIVIL PROCEDURE

    1. Rule 1.020 is repealed in its entirety.
    2. Rule 1.025 is repealed in its entirety.
    3. Rule 1.030(a) is re-titled "NONVERIFICATION OF PLEADINGS" and amended to read as follows:
    "Except when otherwise specifically provided by these rules or an applicable statute, every written pleading or other paper of a party represented by an attorney need not be verified or accompanied by an affidavit."
    4. Rule 1.030(b) is repealed.
    5. Rule 1.030(c) is repealed.
    6. Rule 1.030(d) is repealed.
    7. Rule 1.030(e) is repealed.
    8. Rule 1.035 is repealed in its entirety.
    9. Rule 1.310(b)(4) is amended to read as follows:
    "(4) Upon motion, the court shall, subject to the provisions of Rule 1.280(c) and the guidelines provided by Fla. R. Jud. Admin. 2.070(d), order that the testimony at a deposition be recorded on videotape and may order that the testimony at a deposition be recorded by other than stenographic means at the initial cost of the movant. A party may also arrange for a stenographic transcription at his own initial expense."

    B. FLORIDA RULES OF CRIMINAL PROCEDURE

    1. Rule 3.025 is repealed in its entirety.
    2. Rule 3.080 is re-titled "NONVERIFICATION OF PLEADINGS" and amended to read as follows:
    "Except when otherwise specifically provided by these rules or an applicable statute, every written pleading or other paper of a party represented by an attorney need not be verified or accompanied by an affidavit."
    3. Rule 3.090 is repealed in its entirety.
    4. Rule 3.100 is repealed in its entirety.

    C. FLORIDA RULES OF PROBATE AND GUARDIANSHIP PROCEDURE

    1. Rule 5.030(a) is amended by deleting reference to "Fla. R. Civ. P. 1.030" and substituting "Fla. R. Jud. Admin. 2.060."

    *450 D. FLORIDA RULES OF PRACTICE AND PROCEDURE FOR TRAFFIC COURTS

    1. Rule 6.050 is repealed in its entirety.
    2. Rule 6.060 is repealed in its entirety.
    3. Rule 6.380 is re-titled "NONVERIFICATION OF PLEADINGS" and amended to read as follows:
    "Except when otherwise specifically provided by these rules or an applicable statute, every written pleading or other paper of an alleged offender represented by an attorney need not be verified or accompanied by an affidavit."
    4. Rule 6.390 is repealed in its entirety.

    E. FLORIDA RULES OF SUMMARY PROCEDURE

    1. Rule 7.030 is repealed in its entirety.
    2. Rule 7.050(a)(2) is amended to read as follows:
    "(2) PARTY NOT REPRESENTED BY ATTORNEY TO SIGN. A party, individual, or corporation, who or which has no attorney handling such cause, shall sign his or its statement of claim or other paper and state his or its address and telephone number, including area code. Provided, however, if the trial court in its discretion shall determine that the plaintiff is engaged in the business of collecting claims, and holds such claim being sued upon, by purchase, assignment, or management arrangement in the operation of such business, the court may require such corporation to provide counsel in the prosecution of the cause."

    F. FLORIDA RULES OF JUVENILE PROCEDURE

    1. Rule 8.020 is repealed in its entirety.

    G. FLORIDA WORKMEN'S COMPENSATION RULES OF PROCEDURE

    1. Rule 6 is amended to read as follows:
    "The provisions of Fla. R. Jud. Admin. 2.060 relating to attorneys shall apply. Notice of appearance shall be filed by any successor or associated attorney, prior to or concurrently with the filing of any pleading or presentation of oral argument to or before a Judge or the Commission. An attorney who has filed a claim or has otherwise become an attorney of record for any party to a workmen's compensation cause shall remain attorney of record in said cause and shall not be permitted to withdraw from the cause unless he shall first file with the Judge a written motion for withdrawal setting forth the reasons therefor, serving a copy of said motion upon the movant's client and counsel for the adverse party, and shall then obtain from the Judge an order granting said motion for withdrawal. If an application for review is pending in the cause, the motion shall be filed with the Commission, which shall enter an appropriate order thereon."

    H. FLORIDA RULES OF MEDICAL MEDIATION PROCEDURE

    1. Rule 20.040 is re-titled "NONVERIFICATION OF PLEADINGS" and amended to read as follows:
    "Except when otherwise specifically provided by these rules or an applicable statute, every written pleading or other paper of a party represented by an attorney need not be verified or accompanied by an affidavit."
    2. Rule 20.180 is amended by deleting reference to "Rule 1.035, Florida Rules of Civil Procedure" and substituting "Fla. R. Jud. Admin. 2.070(e)."

    I. FLORIDA TRANSITION RULES

    1. Rules 1 through 19 and Rules 21 and 22 are repealed in their entirety.

    It is so ordered.

    ENGLAND, C.J., and ADKINS, BOYD, OVERTON, SUNDBERG, HATCHETT and ALDERMAN, JJ., concur.

    *451 APPENDIX

    FLORIDA RULES OF JUDICIAL
    ADMINISTRATION
    INDEX
    RULE                                                                 PAGE
    2.010  Effective Date and Scope ..................................... 451
    2.020  Definitions .................................................. 451
    2.030  The Supreme Court ............................................ 451
    2.040  District Courts of Appeal .................................... 454
    2.050  Trial Court Administration ................................... 456
    2.060  Attorneys .................................................... 459
    2.070  Court Reporting .............................................. 460
    2.080  Uniform Case Reporting System for Trial Courts ............... 462
    2.090  Electronic Filing of Matters in All Proceedings Within the
    State Courts System ........................................ 463
    2.100  Statewide Grand Jury; Compilation of Lists; Excusal of
    Prospective Jurors ......................................... 463
    2.110  Administration of Municipal Ordinance Violations ............. 464
    2.120  Conference of County Court Judges ............................ 465
    2.130  Supreme Court Rules Advisory Committee ....................... 465
    RULE 2.010. EFFECTIVE DATE AND SCOPE
    These rules, cited as "Florida Rules of Judicial
    Administration," and abbreviated as "Fla.R.Jud.Admin.," shall
    take effect at 12:01 a.m. on July 1, 19789. They shall apply
    to all of the court administrative matters in all courts to
    which the rules are applicable by their terms. The rules shall be
    construed to secure the speedy and inexpensive determination of
    every proceeding to which they are applicable. These rules shall
    supersede all conflicting rules and statutes.
    RULE 2.020. DEFINITIONS
    The following terms have the meanings shown as used in these
    rules:
    (a) COURT RULE: a rule of practice or procedure adopted to
    facilitate the uniform conduct of litigation applicable to all
    proceedings, all parties, and all attorneys.
    (b) LOCAL COURT RULE: a rule of practice or procedure for
    circuit or county application only that, because of local
    conditions, supplies an omission in or facilitates application of
    a rule of statewide application and does not conflict therewith.
    (c) ADMINISTRATIVE ORDER: a directive necessary to properly
    administer properly the court's affairs but shall not be
    inconsistent with the constitution or with court rules and
    administrative orders entered by the supreme court.
    RULE 2.030. THE SUPREME COURT
    (a) INTERNAL GOVERNMENT.
    (1) Exercise of Powers and Jurisdiction. The supreme court
    shall exercise its powers and jurisdiction en banc. Five justices
    shall constitute a quorum but and the concurrence of four
    shall be necessary to a decision. In cases requiring only a
    panel of five, if four of the five justices who hear the
    argument consider the case do not concur, it shall be
    submitted to the other two justices.
    (2) Chief Justice.
    (A) The chief justice shall be chosen by majority vote of the
    justices for a term commencing on the first day of July 1 of
    even-numbered years. If a vacancy occurs, a successor shall be
    chosen within thirty days for promptly to serve the balance
    of the unexpired term. The Chief Justice shall be the
    administrative officer of the Court and shall be responsible for
    the dispatch of its business.
    (B) The chief justice shall have the following administrative
    powers and duties:
    (i) He shall be the administrative officer of the
    court and shall be responsible for the dispatch of
    its business;
    (ii) He shall have the power to act on requests for
    stays during the pendency of proceedings, to order
    the consolidation of cases, to determine all
    procedural motions and petitions to file or extend
    relating to the time for filing and size of
    briefs and other papers provided for under the rules
    of this court, to advance or continue cases, and to
    rule on any other purely procedural matters
    relating to any proceeding or process in the court
    preparatory to a hearing or decision on the merits;
    (iii) He shall have the power to assign active or
    retired county, circuit, or appellate judges or
    justices to judicial service
    *452  in this state, in accordance with subsections (a)(3)
    and (a)(4) of this rule; and
    (iv) He shall perform such other administrative
    duties as may be required and which are not otherwise
    provided for by law or rule.
    (C) The chief justice shall be notified by all justices of any
    contemplated absences from the court and the reasons therefor.
    (D) If the chief justice dies, retires, or is unable to act
    perform the duties of the office, the justice longest in
    continuous service shall perform the duties during the
    inability period of incapacity or until a successor chief
    justice is elected.
    (3) Administration.
    (A) The chief justice may, either upon request or when
    otherwise necessary for the prompt dispatch of business in the
    courts of this state, temporarily assign justices of the supreme
    court, judges of district courts of appeal, circuit judges, and
    judges of county courts to any court of this state for which
    they are qualified to serve. Any retired justice or judge may,
    with his consent, be assigned to judicial service and shall
    receive compensation as provided by law.
    (B) For the purpose of judicial administration, a "retired
    judge" is defined as a judge not engaged in the practice of law
    who has been a judicial officer of this state. The A retired
    judge shall further comply with all other requirements that
    the supreme court deems necessary relating to the recall of
    retired judges.
    (C) When a judge who is eligible to draw retirement
    compensation has entered the private practice of law or any
    other nonjudicial activity subsequent to judicial service, the
    judge may be eligible for recall to judicial service upon
    cessation of the private practice of law and approval of the
    judge's application to the court. The application shall state the
    period of time the judge has not engaged in the practice of law,
    and must be approved by the court before the judge shall be
    eligible for recall to judicial service.
    (4) Assignments of Justices and Judges.
    (A) When any justice of the supreme court is unable to
    perform the duties of his office, or when necessary for the
    prompt dispatch of the business of the court, the chief justice
    may call assign to the court any judge to the Court who is
    qualified to serve for such time as the chief justice may
    direct.
    (B) When a judge of any district court of appeal is unable to
    perform the duties of his office, or when necessary for the
    prompt dispatch of the business of the court, the chief judge
    shall advise the chief justice of the inability and the chief
    justice shall may assign a judge to the court any judge
    who is qualified to serve, for such time or such proceedings
    as the chief justice may direct.
    (C) When any circuit or county judge is unable to perform the
    duties of his office, or when necessary for the prompt dispatch
    of the business of the court, the chief judge of the circuit may
    assign any judge in the circuit to temporary service for which
    the judge is qualified, in accordance with rule 2.050. If the
    chief judge deems it necessary, he shall advise may request
    the chief justice, who may to assign a judge to the court for
    such times or such proceedings as the chief justice may direct.
    (D) The Chief Justice may make assignments of justices or
    judges when necessary for the prompt dispatch of business in the
    courts of this state.
    (b) CLERK.
    (1) Appointment. The supreme court shall appoint a clerk who
    shall hold office during at the pleasure of the court and
    perform such duties as the court directs. His compensation shall
    be fixed by law. The clerk shall have his office in the supreme
    court building. He shall devote his time to the duties of the
    office and shall not engage in the practice of law while he
    continues in office.
    (2) Custody of Books, Records, Files, and Seal. All
    books, papers, records, files, and the seal of the court shall
    be kept in the office of the clerk and in his custody. The clerk
    shall not allow any book, paper, record, or file to be taken
    from his office or
    *453 the courtroom, except by a justice of the court or upon the order
    of the court.
    (3) Record of Proceedings. The clerk shall keep such records as
    the court may from time to time order or direct. The clerk shall
    keep a docket or equivalent electronic record of all cases that
    are appealed brought for review to, or that originate in, the
    court. Each case shall be docketed and numbered in the order
    that the notice, of appeal or the petition, or other initial
    pleading originating the cause is filed in the court.
    (4) Filing Fee. In all appeals and cases originating
    filed in the court, the clerk shall require the payment of a
    fee as provided by law when the notice, of appeal, petition, or
    other initial pleading is filed. The payment shall not be exacted
    in advance in criminal appeals in which the defendant a
    party has been adjudicated insolvent for the purpose of an
    appeal or in appeals in which the state is the real party in
    interest as the moving party. The payment of the fee shall not be
    required in habeas corpus proceedings, or appeals therefrom,
    arising out of or in connection with criminal actions.
    (5) Issuance of Mandate; Recordation and Notification. The
    clerk shall issue such mandates or process as may be directed by
    the court. Upon the issuance of any mandate the clerk shall
    record the issuance in a book or equivalent electronic record
    kept for that purpose, in which he shall note the date of
    issuance and the manner of transmittal of the process. In
    proceedings when in which no mandate is issued, upon final
    adjudication of the pending cause the clerk shall transmit to
    the party affected thereby a copy of the court's order on or
    judgment upon final adjudication of the pending cause. The
    clerk shall notify the attorneys of record of the issuance of any
    mandate or the rendition of any final judgment. The clerk shall
    furnish without charge to all attorneys of record in any cause a
    copy of any order or written opinion rendered in such action.
    (6) Return of Original Papers. Upon the conclusion of any
    proceeding in the supreme court, the clerk shall return to the
    clerk of the lower court the original papers or files transmitted
    to the court for use in the cause.
    (c) LIBRARIAN.
    (1) Appointment. The supreme court shall appoint a librarian of
    the supreme court and such assistants as may be necessary. The
    supreme court library shall be in the custody of the librarian,
    but under the exclusive control of the court. The library shall
    be open to members of the bar of the supreme court, to members of
    the legislature, to law officers of the executive or other
    departments of the state, and to such other persons as may be
    allowed to use the library by special permission of the court.
    (2) Library Hours. The library shall be open during such times
    as the reasonable needs of the bar require and shall be governed
    by regulations made by the librarian with the approval of the
    court.
    (3) Books. Books shall not be removed from the library, except
    for use by, the justices or upon order of, the Chief Justice
    or any justice.
    (d) MARSHAL.
    (1) Appointment. The supreme court shall appoint a marshal who
    shall hold office at the pleasure of the court and perform such
    duties as the court directs. His compensation shall be fixed by
    law.
    (2) Duties. The marshal shall have power to execute process of
    the court throughout the state and such other powers as may be
    conferred by law. in any county He may deputize the sheriff
    or a deputy sheriff in any county for such purpose to
    execute process of the court. He shall perform such clerical or
    ministerial duties as the court may direct, or as required by
    law. Subject to the direction of the court, the marshal shall be
    custodian of the supreme court building and grounds.
    (e) STATE COURTS ADMINISTRATOR.
    (1) Appointment. The supreme court shall appoint a state courts
    administrator
    *454 who shall serve at the pleasure of the court and perform such
    duties as the court directs. His compensation shall be fixed by
    law.
    (2) Duties. The state courts administrator shall supervise the
    administrative office of the Florida courts, that which
    shall be maintained at such place as directed by the supreme
    court. He shall employ such other personnel as the Supreme
    court deems necessary to aid in the administration of the state
    courts system. He shall represent the state courts system before
    the legislature and other bodies with respect to matters
    affecting the state courts system and functions related to and
    serving the system. He shall supervise the preparation and
    submission to the supreme court, for review and approval, of a
    tentative budget request for the state courts system and shall
    appear before the secretary of administration and the
    legislature in accordance with the court's directions in support
    of the final budget request on behalf of the system. He shall
    assist in the preparation of educational and training materials
    for the state courts system and related personnel, and he shall
    coordinate or assist in the conduct of educational and training
    sessions for such personnel. He shall assist all courts in the
    development of improvements in the system, and submit to the
    chief justice and the Supreme court appropriate recommendations
    to improve the state courts system. He shall collect and compile
    uniform financial and other statistical data or information
    reflective of the cost, work loads, and business, of the state
    courts system and other functions related to and serving the
    state courts system.
    (f) OPEN SESSIONS. All sessions of the court shall be open to
    the public, except proceedings designated as confidential by the
    court and conference sessions held for the discussion and
    consideration of pending cases, and for the formulation of
    opinions by the court, and for the discussion or resolution of
    other matters related to the administration of the state courts
    system.
    (g) DESIGNATION OF ASSIGNED JUDGES. When any judge of another
    court is assigned for temporary service on the supreme court, he
    shall be designated, as author or participant, by his name and
    initials followed by the words "Associate Justice."
    RULE 2.040. DISTRICT COURTS OF APPEAL
    (a) INTERNAL GOVERNMENT.
    (1) Exercise of Powers and Jurisdiction. Three judges shall
    constitute a panel for and shall consider each case, and the
    concurrence of a majority of the panel shall be necessary to a
    decision.
    (2) Chief Judge. The chief judge shall be chosen by the judges
    of the court by for a term commencing on July 1 of each
    odd-numbered year, and shall serve for a term of two years. In
    the event of a vacancy, a successor shall be chosen within
    thirty days for promptly to serve the balance of the unexpired
    term. The chief judge shall be the administrative officer of the
    court, and responsible for the dispatch of its business. He
    shall have the power to order consolidation of cases and shall
    assign cases to the judges for the preparation of opinions,
    orders, or judgments. If the chief judge is unable to discharge
    his duties, the judge longest in continuous service or, as
    between judges with equal continuous service, the one having the
    longest unexpired term and able to do so, shall perform the
    duties of chief judge pending his return to duty. Judges shall
    notify the chief judge of any contemplated absence from the court
    and the reasons therefor.
    (b) CLERK.
    (1) Appointment. The court shall appoint a clerk who shall hold
    office during at the pleasure of the court and perform such
    duties as the court directs. His compensation shall be fixed by
    law. The clerk shall have his office in the headquarters of the
    court. He shall devote his time to the duties of the office and
    shall not engage in the practice of law while he continues in
    office. All books, papers, records, files, and the seal of the
    court shall be kept in the office of the clerk and in his
    custody. The
    *455 clerk shall not allow any book, paper, record, or file to be
    taken from his office or the courtroom, except by a judge of the
    court or upon the order of the court.
    (2) Records of Proceedings. The clerk shall keep such records
    as the court may from time to time order or direct. The clerk
    shall keep a docket or equivalent electronic record of all
    cases that are appealed brought for review to, or that
    originate in, the court. Each case shall be docketed and
    numbered in the order that the certified copy of the notice,
    of appeal or the petition, suggestion or information other
    initial pleading originating the proceeding is filed in the
    court.
    (3) Filing Fee. In all appeals and cases originating
    filed in the court, the clerk shall require the payment of a
    fee as provided by law at the time the certified copy of the
    notice, of appeal, petition, or other initial pleading is
    filed. The payment shall not be exacted in advance in criminal
    appeals in which the defendant a party has been adjudicated
    insolvent for the purpose of an appeal or in appeals in which the
    state is the real party in interest as the moving party. The
    payment of the fee or any costs shall not be required in habeas
    corpus proceedings, or appeals therefrom, arising out of or in
    connection with criminal actions.
    (4) Issuance of Mandate; Recordation and Notification. Writing
    Opinions. The clerk shall issue such mandates or process as may
    be directed by the court. If the court directs that a mandate
    record shall be maintained, then upon the issuance of any
    mandate the clerk shall record the issuance in a book or
    equivalent electronic record kept for that purpose, in which he
    shall note the date of issuance and the manner of transmittal of
    the process. In proceedings where in which no mandate is
    issued, upon final adjudication of the pending cause the clerk
    shall transmit to the party affected thereby a copy of the
    court's order or judgment upon final adjudication of the pending
    cause. The clerk shall notify the attorneys of record of the
    issuance of any mandate or the rendition of any final judgment.
    The clerk shall furnish without charge to all attorneys of record
    in any cause a copy of any order or written opinion rendered in
    such action.
    (5) Return of Original Papers. The clerk shall retain all
    original papers, files, and exhibits transmitted to the court for
    a period of not less than thirty days after rendition of the
    opinion or order denying petition for rehearing, whichever is
    later. If no petition for certiorari or appeal has been filed in
    the supreme court for review of the court's decision within
    thirty days, the clerk shall transmit to the clerk of the trial
    court the original papers, files, and exhibits. If a petition for
    certiorari or appeal has been filed in the supreme court to
    review the court's decision, the original papers, files, and
    exhibits shall be retained by the clerk until transmitted to the
    supreme court or, if not so transmitted, until final disposition
    by the supreme court and final disposition by the court pursuant
    to the mandate issued by the supreme court.
    (c) MARSHAL.
    (1) Appointment. The court shall appoint a marshal who shall
    hold office at the pleasure of the court and perform such duties
    as the court directs. His compensation shall be fixed by law.
    (2) Duties. The marshal shall have power to execute process of
    the court throughout the state district, and in any county
    therein he may deputize the sheriff or a deputy sheriff for
    such purpose. The marshal shall perform such clerical or
    ministerial duties as the court may direct or as are required
    by law. The marshal shall be custodian of the headquarters
    occupied by the court, whether the headquarters is an entire
    building or a part of a building.
    (d) OPEN SESSIONS. All sessions of the court shall be open to
    the public, except conference sessions held for the discussion
    and consideration of pending cases, and for the formulation
    of opinions by the court, and for the discussion or resolution
    of other matters related to the administration of the court.
    *456  (e) DESIGNATION OF ASSIGNED JUDGES. When any justice or judge
    of another court is assigned for temporary service on the a
    district court of appeal, he shall be designated, as author or
    participant, by his name and initials followed by the words
    "Associate Judge."
    RULE 2.050. TRIAL COURT ADMINISTRATION
    (a) PURPOSE. The purpose of this rule is to fix administrative
    responsibility in the chief judges of the circuit courts and
    the other judges that he may designate. and to secure the speedy
    and efficient administration of the court's business including
    prompt disposition of cases, assignment of judges and other court
    officers, control of dockets, regulation of the use of
    courtrooms, and mandatory periodic review of the status of
    inmates of the county jail. When these rules refer to the court,
    they shall be construed to apply to a judge of it the court
    when the context requires or permits.
    (b) CHIEF JUDGE.
    (1) The chief judge shall be a circuit judge who possesses
    administrative ability.
    (2) The chief judge shall exercise administrative supervision
    over all courts within the judicial circuit in the exercise of
    judicial powers and over the judges and officers of the courts.
    and He shall be responsible to the chief justice of the
    supreme court. The chief judge may enter administrative orders
    over his signature, except as provided otherwise provided by
    this rule.
    (3) The chief judge shall be the chief judicial officer of the
    circuit and shall maintain liaison in all judicial administrative
    matters with the chief justice of the supreme court. He shall
    develop an administrative plan for the efficient and proper
    administration of all courts within his circuit. and submit them
    to the Chief Justice. The plan shall include an administrative
    organization capable of effecting the prompt disposition of
    cases; assignment of judges, and other court officers,
    including and executive assistants; control of dockets;
    regulation and use of courtrooms; and mandatory periodic review
    of the status of the inmates of the county jail. The plan shall
    be compatible with the development of the capabilities of the
    judges in such a manner that each judge will be qualified to
    serve in any division, thereby creating a judicial pool from
    which judges may be assigned to various courts throughout the
    state. The administrative plan shall include a consideration of
    the statistical data developed by the case reporting system.
    Questions concerning the administration or management of the
    courts of the circuit shall be directed to the chief justice of
    the supreme court through the state courts administrator.
    (4) The chief judge shall assign judges to the courts and
    divisions, and shall determine the length of each assignment. All
    judges shall inform the chief judge of any contemplated absences
    that will affect the progress of the court's business. If a judge
    is temporarily absent, is disqualified in an action, or is unable
    to perform his duties, the chief judge or his designee may assign
    a proceeding pending before the judge to any other judge or any
    additional assigned judge of the same court. The chief judge may
    assign any judge to temporary service for which the judge is
    qualified in any court in the same circuit. If it appears to the
    chief judge that the speedy, efficient, and proper administration
    of justice so requires, he shall request the chief justice of the
    supreme court to temporarily assign temporarily an additional
    judge or judges from outside the circuit to duty in the court
    requiring assistance, and He shall advise the chief justice
    whether or not he has the approval of the chief judge of the
    circuit from which the assignment is to be made. The assigned
    judges shall be subject to administrative supervision of the
    chief judge for all purposes of this rule. Nothing in this rule
    shall restrict the constitutional powers of the chief justice of
    the supreme court to make such assignments as he shall deem
    appropriate.
    (5) The chief judge may designate a judge in any court or court
    division of circuit
    *457 or county courts as "Administrative Judge" of any court or
    division to assist with the administrative supervision of the
    court or division. The designee shall be responsible to the chief
    judge, shall have the power and duty to carry out the
    responsibilities assigned to him by the chief judge, and shall
    serve at the pleasure of the chief judge.
    (6) The chief judge may require the attendance of prosecutors,
    public defenders, clerks, bailiffs, and other officers of the
    courts, and may require from the clerks of the courts, sheriffs,
    or other officers of the courts periodic reports that he deems
    necessary.
    (7) The chief judge shall regulate the use of courtrooms,
    regularly examine the dockets of the courts under his
    administrative supervision, and require a report on the status of
    the actions on the dockets. and He may take such action as
    may be necessary to cause the dockets to be made current.
    (8) The chief judge or his designee shall regularly examine the
    status of every inmate of the county jail.
    (9) The chief judge may authorize the clerks of courts to
    maintain branch county court facilities. When so authorized,
    clerks of court shall be permitted to retain in such branch court
    facilities all county court permanent records of pending or
    undisposed of cases, and may retain and destroy these records in
    the manner provided by law.
    (c) SELECTION. The chief judge shall be chosen by a majority of
    the circuit and county court judges within the circuit, or if
    there is no majority, by the chief justice, for a term of two
    years. A chief judge may be removed as chief judge by the supreme
    court, sitting acting as the administrative supervisory body of
    all courts. The purpose of this rule is to fix a two-year cycle
    for the selection of the chief judge in each circuit. A chief
    judge may serve for successive terms. If a chief judge is to be
    temporarily absent, he shall select an acting chief judge from
    among the circuit judges. If a chief judge dies, retires, fails
    to appoint an acting chief judge during an absence, or is unable
    to perform his duties, the chief justice of the supreme court
    shall appoint a circuit judge to act as chief judge during the
    absence or disability, or until a successor chief judge is
    elected to serve the unexpired term. When the office of chief
    judge is temporarily vacant pending action within the scope of
    this paragraph, the duties of court administration shall be
    performed by the circuit judge having the longest continuous
    service as a judge or by another circuit judge designated by him.
    (d) EXECUTIVE ASSISTANT. An executive assistant may be selected
    by a majority of the circuit judges and shall perform such duties
    as the chief judge may direct.
    (e) LOCAL RULES AND ADMINISTRATIVE ORDERS.
    (1) Local court rules as defined in rule 2.020 may be proposed
    by a majority of the circuit and county judges in the circuit.
    The judges shall notify any the local bar association or
    associations within the circuit of the proposal, and may permit
    the associations 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) Local court rule proposals shall be submitted to the
    supreme court in January of each year. The supreme court may
    authorize accept emergency proposals for submission
    submitted at other times.
    (B) Within five days subsequent to February 1 Not later than
    February 15 of each year, the clerk of the supreme court shall
    submit all local court rule proposals to the Supreme Court Rules
    Advisory Committee provided for in created by rule
    12.130. At the same time, the clerk of the supreme court
    shall send copies of the proposed rules to the appropriate
    committees of The Florida Bar. and to any local bar
    associations in the circuit from which the proposal is
    submitted. The Florida Bar committees, and
    *458 any interested local bar associations, and any other
    interested person shall submit any comments or responses that
    they wish to make to the Supreme Court Rules Advisory Committee
    on or before March 15 of the year. Any member of the Bar or other
    interested person may submit comments within the same time
    period.
    (C) The Supreme Court Rules Advisory Committee shall meet on or
    before March April 15 to consider the proposals and any
    comments made about same submitted by interested parties. The
    committee shall transmit its recommendations to the supreme court
    concerning each proposal, with the reasons for its
    recommendations, within 15 fifteen days after its meeting.
    (D) The supreme court shall consider the recommendations of the
    committee and If the Supreme Court decides to make any changes
    in the proposed rules as recommended, it may resubmit the
    proposals as changed with modifications to the committee for
    editorial comment only. The supreme court may set a hearing on
    the 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
    emanated originated, the executive director of The Florida
    Bar, the chairman of the Florida Court Rules Committee of The
    Florida Bar, any local bar associations, and any interested
    persons who made comments on the specific proposals to be
    considered. The supreme court shall act on the proposals within
    30 days promptly after the recommendations are received or,
    if a hearing is set, within 30 days after the hearing heard.
    (E) If a local court rule is approved by the supreme court, it
    shall become effective on the date set by the court. not less
    than 20 days from the date of approval by the Supreme Court.
    (F) A copy of all local court rules approved by the supreme
    court shall be recorded by the clerk of the circuit court in each
    county of the circuit where the rules are effective. A set of the
    recorded copies shall be available for inspection as a public
    record. The chief judge of the circuit may provide for the
    publication of the rules. The clerk of the supreme court shall
    furnish copies of each approved local court rule to the executive
    director of The Florida Bar, and upon request to any law book
    publisher. requesting same.
    (2) If any judge or member of The Florida Bar believes that an
    administrative order promulgated under subsection (b)(2) of this
    rule is a court rule or a local rule as defined in rule 2.020,
    rather than an administrative order, he may apply to the Supreme
    Court Rules Advisory Committee for a decision on the question.
    The decisions of the committee concerning the determination of
    the question shall be made reported to the supreme court,
    and and the Supreme court shall follow the procedure set
    forth in subsection (D) of subsection (1) above in
    considering the recommendation of the committee.
    (3) All local rules previously approved by the Supreme
    Court shall remain in effect until January 1, 1979. Prior to July
    1, 1978, the chief judge of each circuit shall review the local
    rules approved for the circuit and shall divide them into
    administrative orders and local court rules. All local court
    rules shall be submitted to the Supreme Court by August 1, 1978,
    for review in accordance with the procedure under subsection (1)
    of this rule within time limits to be established by an order of
    the Supreme Court. All administrative orders of a general and
    continuing nature shall be submitted at the same time. The
    Supreme Court Rules Advisory Committee shall make recommendations
    to the Supreme Court concerning whether each administrative order
    falls within the definition of a local court rule as defined in
    Rule 2.020. The Supreme Court shall consider the recommendations
    of the committee in the same manner that it considers the
    recommendations of the committee in connection with local court
    rule proposals on a time schedule to be set by the Supreme Court.
    All local rules previously approved by the Supreme Court shall
    cease to be effective on December 31, 1978, unless reapproved in
    accordance with this subsection.
    *459  (4) (3) All administrative orders of a general and
    continuing nature, and all others designated by the chief judge,
    shall be indexed and recorded by the clerk of the circuit court
    in each county where the orders are effective.
    (5) (4) All local court rules entered pursuant to this
    section shall be numbered sequentially for each respective
    judicial circuit.
    (f) DUTY TO RULE WITHIN A REASONABLE TIME. Every judge has a
    duty to rule upon and announce his order or judgment on every
    matter submitted to him within a reasonable time. Each judge
    shall maintain a log of cases under advisement and inform the
    chief judge of his circuit at the end of each calendar month of
    each case that he has held under advisement for more than sixty
    days.
    (g) NEGLECT OF DUTY. The failure of any judge, clerk,
    prosecutor, public defender, attorney, court reporter, or other
    officer of the court to comply with an order or directive of the
    chief judge shall be considered neglect of duty and shall be
    reported to the chief justice of the supreme court. The chief
    justice may report the neglect of duty of by a judge to the
    Judicial Qualifications Commission, and neglect of duty by other
    officials to the Governor of Florida or other appropriate person
    or body.
    RULE 2.060. ATTORNEYS
    (a) LOCAL ATTORNEYS. All persons in good standing as a
    members of The Florida Bar shall be permitted to practice in
    Florida.
    (b) FOREIGN ATTORNEYS. Upon motion filed with a court showing
    that an attorney is a member in good standing of the bar of
    another state, and that, under the rules of comity of the other
    state a member of The Florida Bar is permitted to appear in that
    state, subject to compliance with the requirements of
    subsection (d), attorneys of other states may be permitted to
    appear in particular cases in a Florida court. A request for an
    appearance shall be submitted before oral arguments in an
    appellate court proceeding and before trial in a trial court.
    Attorneys of other states shall not do a general practice unless
    they are members of The Florida Bar in good standing.
    (c) CLERKS AND SECRETARIES NOT TO PRACTICE. No one serving as a
    research aide or secretary to a justice or judge of any court
    shall practice as an attorney in any court or before any agency
    of government while continuing in that position, nor shall he
    participate in any manner in any proceeding that was docketed in
    the court when he had the position during the term of service
    or prior thereto.
    (d) PLEADINGS TO BE SIGNED. Every pleading and other paper of a
    party represented by an attorney shall be signed by at least one
    attorney of record in his individual name whose address and
    telephone number, including area code, shall be stated, and who
    shall be duly licensed to practice law in Florida or who shall
    have received permission to appear in the particular case as
    provided in subsection (b). He may be required by the court to
    give the address of, and to vouch for his authority to
    represent, and to give the address of the party. Except when
    otherwise specifically provided by an applicable rule or an
    applicable statute, pleadings need not be verified or
    accompanied by affidavit. The signature of an attorney shall
    constitute a certificate by him that he has read the pleading or
    other paper; that to the best of his knowledge, information, and
    belief there is good ground to support it; and that it is not
    interposed for delay. If a pleading is not signed or is signed
    with intent to defeat the purpose of this rule, it may be
    stricken and the action may proceed as though the pleading or
    other paper had not been served.
    (e) PARTY NOT REPRESENTED BY ATTORNEY TO SIGN. A party who
    has no attorney but represents himself shall sign his pleading
    or other paper and state his address and telephone number,
    including area code.
    (f) ATTORNEY NOT TO BE SURETY. No attorney or other officer of
    court shall enter himself or be taken as bail or surety in any
    proceeding in court.
    *460  (g) STIPULATIONS. No private agreement or consent between
    parties or their attorneys concerning the practice or procedure
    in an action shall be of any force unless the evidence of it is
    in writing, subscribed by the party or his attorney against whom
    it is alleged. Parole agreements may be made before the court if
    promptly made a part of the record or incorporated in the
    stenographic notes of the proceedings, and agreements made at
    depositions that are incorporated in the transcript need not be
    signed when signing of the deposition is waived. This rule shall
    not apply to settlements agreements or other substantive
    agreements.
    (h) SUBSTITUTION OF ATTORNEYS. Attorneys for a party may be
    substituted at any time by order of court. No substitute attorney
    shall be permitted to appear in the absence of an order. The
    court may condition substitution upon payment of or security for
    the substituted attorney's fee and expenses, or upon such other
    terms as may be just.
    (i) WITHDRAWAL OF ATTORNEY. An attorney shall not be permitted
    to withdraw from an action unless the withdrawal is approved by
    the court. The attorney may file a motion for that purpose
    stating the reasons for withdrawal and the client's address. A
    copy of the motion shall be served on the client and adverse
    parties.
    (j) ADDITION OF ATTORNEYS. After a proceeding has been filed in
    a court, additional attorneys may appear without securing
    permission of the court.
    (k) LAW STUDENT PARTICIPATION. Eligible law students shall be
    permitted to participate as provided under the conditions of
    article 18 of the Integration Rule of The Florida Bar as amended
    from time to time.
    (l) ATTORNEY AS AGENT OF CLIENT. In all matters concerning
    the prosecution or defense of any proceeding in the court, the
    attorney of record shall be the agent of the client and any
    notice by or to the attorney or act by the attorney in the
    proceeding shall be accepted as the act of or notice to the
    client.
    RULE 2.070. COURT REPORTING
    (a) WHEN REPORTING REQUIRED. All criminal and juvenile
    proceedings, and any other judicial proceedings required by law
    or court rule to be reported at public expense, shall be
    reported. Any proceeding shall be reported on the request of any
    party. The party so requesting shall pay the reporting fees, but
    this requirement shall not preclude the taxation of costs as
    authorized by law. Grand jury proceedings, upon order of the
    chief judge of the circuit, shall be reported; however, no
    transcription may be made without unless required by an order
    of a court of competent jurisdiction. requiring said
    transcription.
    (b) RECORD. When trial proceedings are being reported, no part
    of the proceedings shall be omitted unless all of the parties
    agree to do so and the court approves the agreement. When a
    deposition is being reported, no part of the proceedings shall be
    omitted unless all of the parties and the witness so agree. When
    a party or a witness seeks to terminate or suspend the taking of
    a deposition for the time necessary to seek a court order, the
    court reporter shall discontinue reporting the testimony of the
    witness.
    (c) ELECTRONIC REPORTING.
    (1) When the chief judge deems it appropriate or necessary, he
    may authorize by administrative order authorize the use of
    electronic reporting for any judicial proceedings, including
    depositions, required to be reported. Appropriate procedures
    shall be prescribed in the order which shall:
    (A) Set forth responsibilities for the court's support
    personnel to ensure a reliable record of the proceedings;
    (B) Provide a means to have the recording transcribed, either
    in whole or in part, when necessary for an appeal or for further
    use in the trial court; and
    (C) Provide for the safekeeping of such recordings.
    The order shall be uniform in and for all courts throughout the
    territorial jurisdiction
    *461 of the judicial circuit and shall be recorded.
    (2) The presiding judge in a specific case, however, may
    require a stenographic reporter, if available, or either party
    may request or provide and pay for the cost of a qualified
    stenographic reporter. The presiding judge shall determine the
    qualifications of a stenographic reporter who is not an official
    or deputy court reporter. When accepted by the court, such court
    reporter shall be subject to the orders of the court and
    directions to transcribe the record from all parties.
    (d) VIDEO TAPE AND NON-STENOGRAPHIC DEPOSITIONS. The judges of
    the circuit by majority vote may adopt a standard an
    administrative order governing the use of video tape depositions
    and authorizing that the testimony at a deposition be recorded by
    other than stenographic means for use in any court proceedings.
    The order shall designate the manner of recording, preserving,
    and filing of depositions, and may include other provisions to
    assure that the recorded testimony will be accurate and
    trustworthy. The order shall, subject to the provisions of rule
    1.280(c) of the Florida Rules of Civil Procedure, be
    automatically applicable upon the giving of notice of taking any
    video tape or non-stenographic deposition, but may be modified by
    the presiding judge upon the application of any party. The order
    shall be uniform in and for all courts throughout the territorial
    jurisdiction of the judicial circuit and shall be recorded.
    (e) FEES. The judges of a circuit court by majority vote may
    set the maximum fees for court proceedings and depositions to
    be charged by court reporters by administrative order. The order
    shall be uniform in and for all courts throughout the territorial
    jurisdiction of the judicial circuit and shall be recorded. In
    the absence of an order, the fees for court proceedings and
    depositions to be charged by court reporters shall be as provided
    by law.
    (f) TRANSCRIPTS. Transcripts of all judicial proceedings,
    including depositions, shall be uniform in and for all courts
    throughout the state. The form size, spacing, and method of
    typing transcripts are as follows:
    (1) All proceedings shall be typed or printed on paper 8 1/2
    inches by 11 inches in size, prepared for binding at the top or
    on the left side margin.
    (2) All margins, measured from the edge of the paper, shall be
    no more than one inch from the top, no more than 1 1/8 inches at
    the left side and 3/8 inch at the right side for type or print of
    nine characters to the inch, and no more than 1 3/4 inches at the
    left side and 1/2 inch at the right side for type or print of ten
    characters to the inch.
    (3) There shall be no fewer than 25 typed or printed lines per
    page and all typing or printing shall be double spaced, with all
    lines numbered 1 through 25, respectively, and with no more than
    a double space between paragraphs.
    (4) Type size or print shall be pica or comparable type or
    print of no fewer than nine or ten characters to the inch.
    (5) Colloquy material shall begin on the same line following
    the identification of the speaker, with no more than two spaces
    between the identification of the speaker and the commencement of
    the colloquy. The identification of the speaker in colloquy shall
    begin no more than ten spaces from the left margin, and
    carry-over colloquy shall be indented no more than five spaces
    from the left margin.
    (6) Each question and answer shall begin on a separate line no
    more than five spaces from the left-hand margin with no more
    than five spaces from the "Q" or "A" to the text. Carry-over
    question and answer lines shall be brought to the left-hand
    margin.
    (7) Quoted material shall begin no more than ten spaces from
    the left-hand margin with carry-over lines beginning no more
    than ten spaces from the left-hand margin.
    (8) Indentations of no more than ten spaces may be utilized for
    paragraphs, and all spaces on a line as herein provided shall be
    utilized unless the testimony of the speaker ends short of
    marginal requirements.
    *462  (9) One-line parentheticals may begin at any indentation.
    Parentheticals exceeding one line shall begin no more than ten
    spaces from the left-hand margin, with carry-over lines being
    returned to the left-hand margin.
    (10) Individual volumes of a transcript, including depositions,
    shall be no more than 200 pages in length, inclusive of the
    index.
    (11) Deviation from these standards shall not constitute
    grounds for limiting use of transcripts in the trial or appellate
    courts.
    (g) COMPENSATION. Each official court reporter shall on a
    monthly basis certify to the chief judge of the circuit to which
    he is appointed the number of hours service of the reporter and
    his or her approved deputies in criminal and juvenile
    proceedings, excluding depositions, in circuit and county courts.
    Upon approval by the chief judge, such certification shall be
    submitted by the chief judge or his designee to the state courts
    administrator no later than the tenth day of the following month.
    (1) Each official circuit court reporter shall serve a maximum
    of sixty hours per month for which compensation by the State of
    Florida will be as provided by law.
    (2) Minimum credit toward this sixty hours of two and one-half
    hours each day shall be given for first appearance in any court
    before the lunch recess and a minimum credit of two and one-half
    hours shall be given for first appearance after that recess. An
    hour-for-hour credit will be given for actual time spent in court
    exceeding five hours per day. The minimum credit formula shall
    apply on a daily basis throughout the entire reporting month,
    regardless of whether or not the total hours accumulated exceed
    sixty.
    (3) Any number of hours accumulated in addition to sixty by the
    formula set forth above shall be compensated at the rate of $10
    ten dollars per hour.
    (4) Each official circuit court reporter may accumulate credit
    for the services of any of his or her officially approved
    deputies in the same manner as if he or she had performed these
    services personally.
    (5) Each official circuit court reporter shall make his or her
    certification to the chief judge of the circuit on forms provided
    by the state courts administrator. The forms shall be uniform in
    and for all judicial circuits throughout the state.
    (h) REPORTER AS OFFICER OF COURT. A court reporter, whether an
    official court reporter or deputy court reporter, is an officer
    of the court for all purposes while acting as a reporter in a
    judicial proceeding. He or she shall comply with all rules and
    statutes governing the proceeding that are applicable to court
    reporters.
    RULE 2.080. UNIFORM CASE REPORTING SYSTEM FOR TRIAL COURTS
    (a) REPORTING. The clerk of the circuit court shall report the
    activity of all cases before all courts within his jurisdiction
    to the supreme court in the manner and on the forms established
    by the office of the state courts administrator and approved by
    order of the court. In those jurisdictions where separate offices
    of the clerk of the circuit court and clerk of the county court
    have been established by law, the clerk of the circuit court
    shall report the activity of all cases before the circuit court,
    and the clerk of the county court shall report the activity of
    all cases before the county court.
    (b) UNIFORM CASE NUMBERING SYSTEM
    (1) The clerk of the circuit court and the clerk of the county
    court, where that separate office exists, shall utilize the
    Uniform Case Numbering System. The uniform case number shall
    appear upon the case file, the docket and minute books (or their
    electronic equivalent), and upon the complaint.
    (2) The office of the state courts administrator shall
    distribute to the respective clerks of the circuit and county
    courts appropriate instructions regarding the nature
    *463 and use of the Uniform Case Numbering System.
    (c) MAJOR STATUTORY OFFENSE. Law enforcement officers, at the
    time of the filing of a complaint with the clerk of court, shall
    designate whether the most serious charge on the complaint is a
    felony or a misdemeanor. The state attorney or his designee, at
    the time of the filing of an original information or an original
    indictment with the clerk of court, shall designate whether the
    most serious offense on the information or the indictment is a
    felony or misdemeanor. Complaints, original informations, and
    original indictments on which the most serious charge is a felony
    shall be filed with the clerk of the circuit court.
    (d) ORDINANCE VIOLATIONS. In those cases when the state
    attorney has the responsibility for the prosecution of county or
    municipal ordinance violations, where such ordinances have state
    statutory equivalents, the state attorney or his designateee
    shall set forth at the top of the face of the accusatory
    instrument the exact statute number of the single most serious
    offense charged.
    (e) INFORMATION OR INDICTMENT AFTER COUNTY COURT PROCEEDINGS
    BEGUN. When action in a criminal case has been initiated in
    county court, and subsequently the state attorney files a direct
    information or the grand jury indicts the defendant, the state
    attorney or his designee shall notify the clerk without delay.
    RULE 2.090. ELECTRONIC FILING OF MATTERS IN ALL PROCEEDINGS
    WITHIN THE STATE COURTS SYSTEM
    Any document may be filed with any court by an electronic
    copying device. The place of filing shall be deemed to be the
    place where the transmission is received. The document made at
    the receiving station shall be deemed the original filing and
    shall be so marked. The receiving party shall sign the document
    as having been received and filed by him. The original document
    shall thereafter be transmitted to the appropriate court. The
    sending party, if an official of the Florida state courts system,
    shall collect from the party wishing to file electronically two
    dollars for the first page of any transmission and one dollar for
    each page thereafter, plus any long distance telephone charges.
    The money shall be posted to the Judicial Administrative
    Commission or to the agency specified by law on a monthly basis
    to help defray the cost of renting or purchasing the transmission
    equipment. Any official of the Florida state courts system who
    believes there is justification in his office for use of
    transmitting equipment shall submit a letter of justification
    through the clerk and the chief judge of the appropriate court
    with which he is primarily dealing to the supreme court. The
    supreme court shall approve or disapprove the use. Upon
    designation by the appropriate clerk of court and approval of the
    supreme court, the official may accept documents for electronic
    transmission and filing. This rule is not intended to preclude
    the transmission by privately leased electronic devices to
    approved offices.
    RULE 2.100. STATEWIDE GRAND JURY; COMPILATION OF LISTS; EXCUSAL
    OF PROSPECTIVE JURORS
    (a) PROCEDURE. The chief judge of each judicial circuit shall
    cause a list of those persons whose names have been drawn and
    certified for jury duty in each of the counties within his
    circuit to be compiled. The lists shall be taken from the male
    and female population over the age of eighteen years and having
    the other constitutional and statutory qualifications for jury
    duty in this state not later than the last day of the first week
    of December of each year. From the lists so compiled, the chief
    judge shall cause to be selected, by lot
    *464 and at random, and by any authorized method including mechanical,
    electronic, or electrical device, a list of prospective grand
    jurors from each county whose number shall be determined on the
    basis of three jurors for each 3,000 residents or a fraction
    thereof in each county. The lists from which the names are drawn
    may be, but are not required to be, the same lists from which
    petit and grand juries are drawn in each county and circuit.
    After compilation, the statewide grand jury lists shall be
    submitted to the state courts administrator not later than the
    fifteenth day of February 15 of each year.
    (b) POPULATION. For the purposes of this rule, the population
    of each county shall be in accordance with the latest United
    States Decennial Census as set forth in the Florida Statutes.
    (c) EXCUSES.
    (1) The judge appointed to preside over the statewide grand
    jury may issue an order appointing the chief judge of the
    judicial circuit where a prospective grand juror resides to make
    a determination about determine whether service on the
    statewide grand jury will result in an unreasonable personal or
    financial hardship because of the location or projected length of
    the grand jury investigation.
    (2) The chief judge of the circuit shall determine whether a
    prospective grand juror fails to meet the qualifications of a
    juror in the county where the person resides. The determination
    shall be made only for those prospective grand jurors who contact
    the chief judge and claim request disqualification.
    (3) The chief judge of the circuit shall excuse any prospective
    grand juror who requests and is qualified for exemption from
    grand jury service under Chapters 905 or 906, Florida Statutes,
    pursuant to general law, or from service as a juror in the
    county where the person resides. The chief judge shall inform the
    judge appointed to preside over the statewide grand jury without
    delay of any determination.
    RULE 2.110. ADMINISTRATION OF MUNICIPAL ORDINANCE VIOLATIONS
    (a) REFERENCES TO ABOLISHED MUNICIPAL COURTS. All references
    to a municipal court or municipal judge in the rules
    promulgated by the supreme court, in the Florida Statutes, and
    in any municipal ordinance, all references to municipal court or
    municipal judge shall be deemed to refer, respectively, to the
    county court or county court judge.
    (b) COSTS IN COUNTY COURTS. When any violations of municipal
    ordinances are prosecuted in county court, The chief judge of a
    circuit shall by administrative order establish a schedule of
    costs, in conformity with any provisions of law, to be assessed
    against a defendant in the county court and paid to the county
    for violations of municipal ordinances which are prosecuted in
    county court. The costs shall be assessed as a set dollar amount
    per conviction, not to exceed fifty dollars ($50), including
    any other statutory costs.
    (c) COLLECTION OF OUTSTANDING FINES. All cases for which
    outstanding fines, civil penalties, and costs are being collected
    by a municipality shall be retained by the municipality until
    collected or until the offender defaults on payment. If a default
    occurs, the municipality may institute summary claims proceedings
    to collect the outstanding fines.
    (d) JUDICIAL NOTICE OF MUNICIPAL ORDINANCES. The judges of the
    county courts may take judicial notice of any of the
    municipality's ordinances if a certified copy of the
    municipal ordinance has been filed in the office of the clerk
    of circuit court or, in those counties having a clerk of the
    county court, filed in the latter office, and if a certified copy
    of the ordinance is presented to the court.
    (e) STYLE OF MUNICIPAL ORDINANCE CASES. All prosecutions for
    violations
    *465 of municipal ordinances in county court shall have the following
    style: City of ____ v. ____.
    Rule 2.120. CONFERENCE OF COUNTY COURT JUDGES
    (a) CREATION. There shall be a "Conference of County Court
    Judges of Florida," that shall consisting of the duly
    commissioned county court judges of the State of Florida.
    (b) PURPOSE. The purpose of the conference shall be:
    (1) The betterment of the judicial system of the state and its
    parts;
    (2) The improvement of procedure and practice in the several
    courts; and
    (3) To conduct conferences and institutes to provide for
    continuing judicial education and to provide forums in which
    the county court judges of Florida may meet and discuss the
    mutual problems and solutions.
    (c) OFFICERS. Management of the conference shall be vested in
    the officers of the conference, an executive committee, and a
    board of directors.
    (1) The officers of the conference shall be:
    (A) President, president-elect, immediate past president,
    secretary, and treasurer, who shall be elected at large, and
    (B) One vice-president elected from each appellate court
    district.
    (2) The executive committee shall consist of the officers of
    the conference and an executive secretary.
    (3) The board of directors shall consist of the executive
    committee and a member elected from each judicial circuit.
    (4) There shall be an annual meeting of the conference.
    (5) Between annual meetings of the conference, the affairs of
    the conference shall be managed by the executive committee.
    (d) AUTHORITY. The conference may adopt a constitution and
    by-laws, the provisions of which shall not be inconsistent with
    this rule.
    RULE 2.130. SUPREME COURT RULES ADVISORY COMMITTEE
    There is hereby created an advisory committee on rules
    consisting of the following persons to be appointed by the chief
    justice of the supreme court to serve for a period of two years:
    one justice of the supreme court, one judge of each district
    court of appeal, one or more circuit judges, one county court
    judge, and three members of The Florida Bar. This committee
    shall conduct a continuous study of all rules of procedure
    adopted by the court pursuant to article V of the Florida
    Constitution, and shall make such recommendations to the supreme
    court concerning the same rules, and all proposed amendments
    or additions thereto, as are deemed advisable.
    

    NOTES

    [*] In re Florida Rules of Judicial Administration, 360 So. 2d 1076 (Fla. 1978).

Document Info

Docket Number: 54525

Citation Numbers: 372 So. 2d 449

Judges: Per Curiam

Filed Date: 6/14/1979

Precedential Status: Precedential

Modified Date: 4/14/2017