In re Amendments to Florida Rule of Judicial Administration 2.140

124 So. 3d 807, 2013 Fla. LEXIS 1930, 2013 WL 452099
CourtSupreme Court of Florida
DecidedFebruary 7, 2013
DocketNo. SC12-619
StatusPublished

This text of 124 So. 3d 807 (In re Amendments to Florida Rule of Judicial Administration 2.140) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Amendments to Florida Rule of Judicial Administration 2.140, 124 So. 3d 807, 2013 Fla. LEXIS 1930, 2013 WL 452099 (Fla. 2013).

Opinion

PER CURIAM.

The Florida Bar’s Rules of Judicial Administration Committee (RJA Committee) has filed an out-of-cycle report proposing amendments to Florida Rule of Judicial Administration 2.140 (Amending Rules of Court).1 We adopt the amendments as proposed by the RJA Committee and further amend rule 2.140 on our own motion. See Fla. R. Jud. Admin. 2.140(d), (e).

As proposed by the RJA Committee, we add new subdivision (a)(7) to rule 2.140. The new subdivision provides a procedure for addressing rules referrals from the Court asking the RJA Committee to coordinate the submission of a joint report of proposed rule amendments from multiple committees. Under the new procedure, an ad hoc committee comprised of the subcommittee chairs handling the referral for the affected rules committees will be created. The ad hoc committee will be responsible for preparing the joint report and distributing the report to the various committees for review and comment. The RJA Committee will be responsible for filing the final comprehensive report with the Court. Also, as proposed by the RJA Committee, the order of existing subdivisions (a)(5) and (a)(6) is reversed.

On our own motion, we amend subdivisions (b) (Schedule for Rules Proposals), (e) (Emergency Recommendations by Committee), and (f) (Request by Court) of rule 2.140 to require committee reports and proposed rule changes to conform to the Guidelines for Rules Submissions approved by administrative order.2 We also amend subdivision (b)(4) to emphasize that, consistent with the requirements set forth in the Guidelines, a report proposing rule amendments must contain “a narrative description of how each amendment changes the language of the rule and a thorough discussion of the reason for each change.”

[808]*808It is crucial that The Florida Bar rules committees provide the Court with thorough, comprehensive reports that adequately explain each proposed rule amendment. The Court can adopt proposed amendments more quickly when it can readily understand how each rule is being changed and the reasons for each change. If the Court has a clear understanding of proposed rule amendments, it also can better ensure the overall quality of the rules of court. Central to this effort are The Florida Bar staff liaisons to the rules committees who work closely with the committees in drafting proposed amendments and with the committee chairs in preparing reports to the Court. We take this opportunity to thank the Bar staff liaisons for their invaluable role in ensuring that the committees’ submissions comply with the Guidelines for Rules Submissions. And, we counsel all committee chairs to look to the Bar staff liaisons for guidance on the procedural requirements for rules submissions.

Accordingly, we amend Florida Rule of Judicial Administration 2.140 as reflected in the appendix to this opinion. New language is indicated by underscoring; deletions are indicated by struek-through type. These amendments shall become effective immediately upon the release of this opinion.

It is so ordered.

POLSTON, C.J., and PARIENTE, LEWIS, QUINCE, CANADY, LABARGA, and PERRY, JJ., concur.

APPENDIX

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) — (4) [No Change]

(5) The Rules of Judicial Administration Committee shall also serve as -a rules — coordinating—committee, Each rules committee shall have at least 1 of ■its members appointed to-the Rules-of Judicial Administration Committee -to serve as liaison. — All committees shall provide a ■copy of any proposed rules changes to-the-Rules of Judicial Administration Committee within 30 days of a committee’s affirmative.vote- to recommend the proposed change-to the-supreme court. — The Rules of Judicial Administration Committee-shall then-refer all proposed-r-ules changes to those rules committees-that might be-affected by-the^ proposed change. The committees shall consider and vote on each proposal. The committees may originate proposals and are charged with the duty of regular review and reevaluation of the rules to advance orderly and inexpensive procedures in the administration of .justice. The committees may accept or reject proposed amendments or may amend proposals. The committees shall keep minutes of their activities, which minutes shall reflect the action taken on each proposal. Copies of the minutes shall be furnished to the clerk of the supreme court, to the board of governors of The Florida Bar, and to the proponent of any proposal considered at the meeting.

(6) The committees shall-consider-and vote on-each-proposal- — The-committees may originate-proposals and are charged with-the duty of regular — review—and roovaluation of the rules to-advance orderly and-inespensive procedures in the administration-of justice, — The-committees — may accept or —rejeet proposed amendments--or may amend proposals. [809]*809The committees -shall -keep minutes-of their-activities, which minutes shall re-fleet the action taken-on-éach proposal. Copies of the minutes-shall be furnished to-the clerk of the-supreme court, to the board of governor-s-of The Florida-Bar> and-to the proponent-of- any proposal considered at the meeting. The Rules of Judicial Administration Committee shall also serve as a rules coordinating committee. Each rules committee shall have at least 1 of its members appointed to the Rules of Judicial Administration Committee to serve as liaison. All committees shall provide a copy of any proposed rules changes to the Rules of Judicial Administration Committee within 30 days of a committee’s affirmative vote to recommend the proposed change to the supreme court. The Rules of Judicial Administration Committee shall then refer all proposed rules changes to those rules committees that might be affected by the proposed change.

(7) Whenever the Rules of 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 Judicial Administration Committee subcommittee chair.

(B) At the conclusion of the work of the ad hoc committee, a proposed joint response will be prepared by the ad hoc committee and distributed to the committee chairs for each committee’s review and final comments.

(C)The Rules of Judicial Administration Committee shall be responsible for filing the comprehensive final report.

(b) Schedule for Rules Proposals.

(l)-(3) [No Change]

(4) No later than February 1 of each reporting year, each committee shall file a report of its proposed rule changes with the supreme court. Each committee may amend its recommendations to coincide with the recommendations of the board of governors or may decline to do so or may amend its recommendations in another manner. Any such amendments shall also be reported to the supreme court.

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124 So. 3d 807, 2013 Fla. LEXIS 1930, 2013 WL 452099, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-amendments-to-florida-rule-of-judicial-administration-2140-fla-2013.