The Florida Bar

The Court Rules Amendment Process

Procedures for amending rules of the court are detailed in Rule 2.140 of the Rules of General Practice and Judicial Administration. Please refer to the rule and to the rules committee’s internal operating procedures for details.

Suggestion of Rule, Rule Amendment, or Rule Repeal

The Florida Supreme Court, The Florida Bar (rules committee, committee member, committee chair), or any person – lawyer or nonlawyer – can suggest rules, amendments to rules, or repeal of rules.

Suggestions can be submitted to the Clerk of the Florida Supreme Court, rules committee chairs, or the bar staff liaison, and must describe, in writing, the rule change.

REFERRAL OF SUGGESTED RULE AMENDMENT

Rule proposals are referred to the appropriate rules committee for consideration. That committee’s chair determines whether the proposal is within the purview of the committee. If appropriate, the chair assigns a subcommittee to prepare a proposal for consideration. If the subcommittee believes a rule amendment is necessary, it will prepare a proposal, in legislative format, which is distributed with supporting material, in the agenda for the full committee’s next meeting.

FULL COMMITTEE CONSIDERATION

The full committee considers and votes on each amendment. Action taken is recorded in the minutes.

At the meeting, the committee may:

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Reject the proposal.

Agendas and minutes are retained for 15 years.

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  • Postpone consideration of the proposal until the next full committee meeting.
  • Return the proposal to the subcommittee for further review.
  • Amend the proposal.

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Approve the proposed amendment.

FLORIDA SUPREME COURT GUIDELINES FOR RULES SUBMISSIONS

Committee members and bar staff ensure proposals are presented in language, style, and format consistent with and complementary to existing rules and forms.

FULL COMMITTEE CONSIDERATION FOR FINAL APPROVAL (FOR COMMITTEES WITH INTERNAL OPERATING PROCEDURES THAT REQUIRE 2 VOTES)

The full committee considers and votes on each proposal for final approval. It may:

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Reject the proposal.

Agendas and minutes are retained for 15 years.

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  • Postpone consideration of the proposal until the next full committee meeting.
  • Return the proposal to the subcommittee for further review.
  • Amend the proposal.

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Approve the proposed amendment.

DISTRIBUTION AND PUBLICATION FOR WRITTEN COMMENTS

  • Within 30 days of any vote adopting a rule amendment, the committee provides a copy of the proposed rule amendment to the Rules of General Practice and Judicial Administration Committee, which refers it to any rules committees that might be affected by the proposal.
  • The committee distributes the proposed rule amendment to the Speaker of the Florida House of Representatives and the President of the Florida Senate.
  • Notice is published on The Florida Bar website and in The Florida Bar News for written comment.

Screen shot of the Florida Bar News "Notices" section that lists proposed amendments to rules.

COMMENT REVIEW

The committees review all comments received after publishing the proposed amendments. The committee may determine that additional changes are needed based on the comments received. If changes are made after considering comments, the revised proposal may again be distributed and published for comment. All written comments received are submitted to the Florida Supreme Court.

Board of Governors Recommendation

After all comments are received and reviewed, The Florida Bar Board of Governors considers each proposal. The board may recommend acceptance, rejection, or amendment of the proposal. The committee may or may not choose to amend its proposal after receiving  the recommendation of the board of governors.

Report Filed with The Supreme Court

The committee chair and the Executive Director of The Florida Bar file a report of the proposed rule amendments with the Florida Supreme Court. The report and proposed rule amendments must conform to the Florida Supreme Court Guidelines for Rules Submissions.

Rules Adopted

If adopted by the Florida Supreme Court, rule amendments are effective on the date set by the supreme court in its order.