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Florida Rules of Procedure

Florida Rules of Appellate Procedure; PDF document opens in new window updated May 11, 2015

Florida Rules of Civil Procedure; PDF document opens in new window updated March 16, 2015

Florida Rules of Criminal Procedure; PDF document opens in new window updated April 30, 2015
Contains Florida Rules of Criminal Procedure Forms 3.988, 3.990, 3.991 and 3.992.

Florida Family Law Rules of Procedure; PDF document opens in new window updated January 29, 2015

Florida Rules of Judicial Administration; PDF document opens in new window updated May 11, 2015

Florida Rules of Juvenile Procedure; PDF document opens in new window updated February 26, 2015

Florida Probate Rules; PDF document opens in new window updated February 23, 2015

Florida Small Claims Rules; PDF document opens in new window updated March 5, 2015


Florida Rules of Traffic Court; PDF document opens in new window updated March 5, 2015


Worker's Compensation (have been repealed)
See Amendments to the Florida Rules of Workers' Compensation Procedure, 891 So.2d 474 (Fla. 2004).
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Proposed Court Rule Amendments
FLORIDA PROBATE RULES COMMITTEE
Three-year Cycle Report PDF document opens in new window

The Florida Probate Rules Committee invites comments on the
proposed rule amendments anticipated to be included in the Committee’s three-year cycle report PDF document opens in new window. The full text of the proposals can be found on The Florida Bar's website.

Interested persons have until August 1, 2015, to submit any comments, electronically, to Matthew Triggs, Incoming Chair of the Florida Probate Rules Committee, at
mtriggs@proskauer.com, and to the Bar staff liaison, Heather Telfer, at htelfer@flabar.org.

Rule /Form
Vote
Explanation
Rule 5.040.
34-0
Creates subdivision (e) to specify when service in the manner provided for service of formal notice is competed. Updates committee notes.
Rule 5.041.
27-0
Amends the committee notes to substitute “documents” for “papers” to conform to Florida Rule of Judicial Administration 2.516.
Rule 5.042.
34-0
Amends subdivision (d) to clarify that Florida Rule of Judicial Administration 2.425(b) does not apply if a document is served by formal notice or in the manner provided for service of formal notice. Updates committee notes.
Rule 5.080.
30-0
Adds a reference to Florida Rule of Civil Procedure 1.451 (Taking Testimony). Updates rule title and committee notes.
Rule 5.345.
24-0
Substitutes “documents” for “papers” in subdivision (f) to conform to Florida Rule of Judicial Administration 2.516. Updates committee notes.
Rule 5.346.
30-0
Amends subdivision (a) to clarify that Rule 5.346 does not apply to accountings in guardianship cases. Updates committee notes.
Rule 5.550.
35-0
Amends subdivision (a) to create new subdivision (a)(8) which requires the disclosure of possible alternatives to guardianship, within the petition to determine incapacity, such as trust agreements, powers of attorney, or advance directives. Updates committee notes.
Rule 5.560.
35-0
Amends subdivision (a)(9) to require the disclosure of possible alternatives to guardianship, within the petition to determine incapacity, such as trust agreements, powers of attorney, or advance directives. Updates committee notes.
Rule 5.620.
24-0
Substitutes “documents” for “papers” in subdivision (c) to conform to Florida Rule of Judicial Administration 2.516. Updates committee notes.
Rule 5.690.
27-0
Amends the Committee Notes to substitute “documents” for “papers” to conform to Florida Rule of Judicial Administration 2.516.
Rule 5.696.
30-0
Renames the rule “Guardian Accounting.” Replaces the existing contents of subdivision (a) with an applicability provision. Subdivisions (b) and (c) are renumbered as subdivisions (f) and (g) respectively. New subdivision (b) delineates the required contents of a guardian accounting. New subdivision (c) details the accounting standards to be used in guardian accountings. New subdivision (d) refers the reader to the proposed model format for guardian accounting in new Appendix A. New subdivision (e) incorporates a verification requirement. In former subdivision (b) and (c), now (f) and (g), “annual” is replaced with “guardian” for consistency. New Appendix A is modeled after Appendix A in Rule 5.346. The forms consist of a summary sheet and schedules A–D. Creates committee note.


SMALL CLAIMS RULES COMMITTEE
Three-Year Cycle Amendments 2016 PDF document opens in new window


The Small Claims Rules Committee invites comment on proposed three-year cycle amendments to the Florida Small Claims Rules PDF document opens in new window shown below. The full text of the proposals can be found on The Florida Bar’s website. Interested persons have until August 1, 2015, to submit comments electronically to Andrew J. Daire, Chair, at andrewd@carls-patio.com, and to the Bar staff liaison, Josine Blackwell, at jblackwell@flabar.org.


RULE/FORMVOTEEXPLANATION
7.08020:0:1The proposed amendments to this rule reflect the Committee’s review of Florida’s e-filing and e-service rules and procedures as it relates to the participation of pro se parties. The proposed amendment to subdivision (b) creates two new subdivisions (1) and (2) to address parties represented by an attorney and parties not represented by an attorney. Also, the amendment to subdivisions (b)(2) and (d) proposes adding specific reference to rules 2.516(b) and 2.525 of the Florida Rules of Judicial Administration. Finally, the proposed amendment to subdivision (e) is created to be consistent with the proposed amended language in subdivison (b).
7.09017:6:0Subdivision (a) was amended for consistency, to reflect the proposed amendment to subdivision (b). Subdivision (b) was amended to address a situation in which a court would dismiss a case due to the failure of a plaintiff to appear at a pretrial conference, even when return of service is filed with the court showing non-service of the defendant. The amendment to subdivision (b) seeks to alleviate this issue by creating an exception when a return of non-service is filed at least 5 days prior to a pretrial conference, in order to require the cancelation of the pretrial conference as to any non-served party only. In that circumstance, the plaintiff is provided with the opportunity to request a new summons/notice to appear, along with a new initial appearance date for a pretrial conference.
7.16025:1:0Proposed amendments to subdivisions (a) and (b) are in response to the Committee’s proposed amendment of rule 7.090(b).

SMALL CLAIMS RULES COMMITTEE

Three-Year Cycle Amendments 2016 PDF document opens in new window
SUPPLEMENT

The Small Claims Rules Committee invites comments on proposed three-year cycle amendments to the Florida Small Claims Rule shown below. The full text of the proposals can be found on The Florida Bar's website.

Interested persons have until August 15, 2015, to submit comments electronically
to Andrew J. Daire, Chair of the Small Claims Rules Committee, at andrewd@carls-patio.com, and to the Bar staff liaison, Heather Telfer, at htelfer@flabar.org.

RULE/FORMVOTEEXPLANATION
7.05017-0-0Subdivision (e) was amended to correct the citation to cross reference Rule 7.050(d) (pretrial conferences); the correct cross reference is Rule 7.090(b) (pretrial conferences).


CIVIL PROCEDURE RULES COMMITTEE
Three-Year Cycle Amendments PDF document opens in new window

The Civil Procedure Rules Committee invites comment on proposed three-year cycle amendments to the Florida Rules of Civil Procedure PDF document opens in new window. The full text of the proposals can be found on The Florida Bar’s website.

Interested persons have until July 15, 2015, to submit comments electronically to the incoming committee chair, Judge Jacqueline Hogan Scola, at jscola@jud11.flcourts.org and to the Bar staff liaison, Greg Zhelesnik, at gzhelesnik@flabar.org.

RULE/FORM
VOTE EXPLANATION
1.02030-0-0The proposed amendment adds a reference to Florida Rule of Judicial Administration 2.420 to bring to the practitioner’s attention the requirement that all filings and pleadings be in conformity with it.
1.07126-0-0As a result of the institution of e-filing and e-service, the committee proposes substituting the word “paper(s)” to “document(s)” wherever it appears in the rules to promote consistent language use.
1.10023-0-0The proposed amendment to subdivision (c)(1) adds the requirement that the names of all parties be included in the caption of the complaint to ensure that pro se parties and other parties are advised and notified on the face of the pleading that they are, in fact, party to the lawsuit. The subdivision is also broken up into a list format for easier identification of requirements.

Subdivision (c)(2) is amended to become subdivision (d) in order to set out the requirement of a Civil Cover Sheet and to ensure that practitioners are complying with this rule on a routine basis.
1.10026-0-0As a result of the institution of e-filing and e-service, the committee proposes substituting the word “paper(s)” to “document(s)” wherever it appears in the rules to promote consistent language use.
1.11030-0-0The proposed amendment to subdivision (d) replaces “contributory” with “comparative,” to correctly reference the affirmative defense of comparative negligence.
1.13026-0-0As a result of the institution of e-filing and e-service, the committee proposes substituting the word “paper(s)” to “document(s)” wherever it appears in the rules to promote consistent language use.
1.14028-0-0The committee proposes amending subdivisions (a)(3), (a)(4), and (e) to effectually change the concept of the rule to be based on when the “filing” of the court’s order occurs, as opposed to when “notice” occurs. Classically, notice requires actual knowledge, but creates confusion as to the calculation of when a response is due. This proposed amendment is intended to provide more certainty as to when a responsive pleading is due.
1.17026-0-0As a result of the institution of e-filing and e-service, the committee proposes substituting the word “paper(s)” to “document(s)” wherever it appears in the rules to promote consistent language use.
1.20026-0-0As a result of the institution of e-filing and e-service, the committee proposes substituting the word “paper(s)” to “document(s)” wherever it appears in the rules to promote consistent language use.
1.31023-0-0Subdivision (f)(3)(B) has been amended to correct a cross-reference error to correctly reference Rule 1.280(g)
1.32028-0-0The proposed amendment to subdivision (a) incorporates the provisions of Rule 1.330(d)(3)(c) regarding objections to form by waiving objections to the form of written questions unless the objections are served in writing upon the party proposing them within the time allowed for serving the succeeding cross or other questions and within 10 days after service of the last questions authorized.

The proposed amendment to subdivision (b) allows a deposition on written questions to be videotaped in accordance with Rule 1.310(b)(4).
1.34026-0-0As a result of the institution of e-filing and e-service, the committee proposes substituting the word “paper(s)” to “document(s)” wherever it appears in the rules to promote consistent language use.
1.41026-0-0As a result of the institution of e-filing and e-service, the committee proposes substituting the word “paper(s)” to “document(s)” wherever it appears in the rules to promote consistent language use.
1.43130-0-0The proposed amendment to subdivision (g)(1) clarifies that the court has the authority, in the court’s discretion, to impanel more than 2 alternate jurors.
1.431The proposed amendment to subdivision (h) changes the time for a motion for juror interview from 10 days to 15 days in order to match the time period for a motion for new trial contained in Rule 1.530.
1.50026-0-0As a result of the institution of e-filing and e-service, the committee proposes substituting the word “paper(s)” to “document(s)” wherever it appears in the rules to promote consistent language use.
1.51026-0-0As a result of the institution of e-filing and e-service, the committee proposes substituting the word “paper(s)” to “document(s)” wherever it appears in the rules to promote consistent language use.
1.54523-0-0This rule was created to bring attention to the requirement of filing a final disposition form and to ensure that practitioners are complying on a routine basis. The content of this rule was previously contained in Rule 1.100(c)(3).
1.62526-0-0As a result of the institution of e-filing and e-service, the committee proposes substituting the word “paper(s)” to “document(s)” wherever it appears in the rules to promote consistent language use.
1.63023-0-0The proposed amendment to subdivision (b)(3) provides consistency within the rule by replacing the term “petition” with the term “complaint.” This change had been made throughout the rule in a prior amendment, with this one instance overlooked. This amendment corrects that oversight.
1.90026-0-0As a result of the institution of e-filing and e-service, the committee proposes substituting the word “paper(s)” to “document(s)” wherever it appears in the rules to promote consistent language use.
1.910(a) & (b)32-1-0To meet the requirements of Florida Rule of Judicial Administration 2.515(a), the committee proposes amending signature blocks to include a space for both telephone numbers and e-mail addresses.
1.911(a) & (b)32-1-0To meet the requirements of Florida Rule of Judicial Administration 2.515(a), the committee proposes amending signature blocks to include a space for both telephone numbers and e-mail addresses.
1.912(a) & (b)32-1-0To meet the requirements of Florida Rule of Judicial Administration 2.515(a), the committee proposes amending signature blocks to include a space for both telephone numbers and e-mail addresses.
1.913(a) & (b)32-1-0To meet the requirements of Florida Rule of Judicial Administration 2.515(a), the committee proposes amending signature blocks to include a space for both telephone numbers and e-mail addresses.
1.91832-1-0To meet the requirements of Florida Rule of Judicial Administration 2.515(a), the committee proposes amending signature blocks to include a space for both telephone numbers and e-mail addresses.
1.92132-1-0To meet the requirements of Florida Rule of Judicial Administration 2.515(a), the committee proposes amending signature blocks to include a space for both telephone numbers and e-mail addresses.
1.922(a)-(d)32-1-0To meet the requirements of Florida Rule of Judicial Administration 2.515(a), the committee proposes amending signature blocks to include a space for both telephone numbers and e-mail addresses.
1.97532-1-0To meet the requirements of Florida Rule of Judicial Administration 2.515(a), the committee proposes amending signature blocks to include a space for both telephone numbers and e-mail addresses.
1.98026-0-0As a result of the institution of e-filing and e-service, the committee proposes substituting the word “paper(s)” to “document(s)” wherever it appears in the rules to promote consistent language use.
1.99726-0-0As a result of the institution of e-filing and e-service, the committee proposes substituting the word “paper(s)” to “document(s)” wherever it appears in the rules to promote consistent language use.

CODE AND RULES OF EVIDENCE
Three-Year Cycle Amendments 2016 PDF document opens in new window

The Code and Rules of Evidence Committee (CREC) invites comment on proposed three-year cycle amendments to the Florida Rules of Evidence shown below. The full text of the sections addressed can be found on The Florida Bar’s website. Interested persons have until August 15, 2015, to submit comments electronically to the committee chair, Peter A. Sartes, II, at peter@greeklaw.com and to the Bar staff liaison, Greg Zhelesnik, at gzhelesnik@flabar.org


RULE/FORM
VOTE
EXPLANATION
Amendments in chapter 2013-107, Laws of Florida, to sections 90.702 and 90.704, Florida Statutes16-14-0Chapter 2013-107, Laws of Florida, amended sections 90.702 and 90.704, Florida Statutes by making them conform to cases and rules following U.S. Supreme Court cases on expert witnesses. Chapter 2013-107 also overrules Marsh v. Valyou, 977 So. 2d 543 (Fla. 2007). CREC intends to recommend to the Florida Supreme Court that it not adopt chapter 2013-107 as a rule of evidence, to the extent it is procedural.
Amendments in chapter 2013-108, Laws of Florida, to section
766.102, Florida Statutes
24-0-1Chapter 2013-108, Laws of Florida, amended section 766.102, Florida Statutes, to restrict the kinds of expert witnesses that may testify in a medical-malpractice case about standards of care. Chapter 2013-108 also deleted language preserving a trial court’s power otherwise to qualify or disqualify an expert witness. CREC intends to recommend that the Florida Supreme Court not adopt chapter 2013-108 as a rule of evidence, to the extent it is procedural.
Amendments in chapter 2014-35, Laws of Florida, to section 90.204(4), Florida Statutes.24-1-0Chapter 2014-35, Laws of Florida, amended section 90.204(4), Florida Statutes, to enable a Family court to take judicial notice of certain facts under particular circumstances. CREC intends to recommend to the Florida Supreme Court that it adopt chapter 2014-35 as a rule of evidence, to the extent it is procedural.


Proposed amendment and addition to the Rules of Judicial Administration pertaining to Court Interpreters PDF document opens in new window


The Rules of Judicial Administration Committee, in conjunction with the Court Interpreters Certification Board, invites comment on proposed out-of-cycle amendments to the Florida Rules of Judicial Administration. The full text of the proposals can be found on The Florida Bar’s website.

Interested persons have until July 15, 2015, to submit comments electronically to the incoming committee chair, Amy Borman, at aborman@pbcgov.org, and to the Bar staff liaison, Krys Godwin, at krgodwin@flabar.org.

Rule /Form
Committee Vote
Board of Governors Vote
Rule 2.560.
27–0–0
Rule was amended to include limited-English-proficient persons as a person eligible to have a spoken language court interpreter appointed; establishes priority for appointment of a certified, language skilled interpreter; establishes court options when such a certified, language skilled interpreter is not available; defines limited-English-proficient person and proceedings, as pertinent to this rule.
Rule 2.565.
27–0–0
Creates new rule addressing the available option and procedure for retention of spoken language court interpreters by an attorney or self-represented litigant.


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Guidelines for Rules Submissions

Supreme Court Guidelines for Rules Submissions PDF document opens in new window

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Rules of Court Procedure Opinions

Florida Supreme Court opinions External Link

Florida Standard Jury Instructions External Link
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[Revised: 07-01-2015]