In Re: Amendments to Florida Rules of General Practice and Judicial Administration

Supreme Court of Florida·Decided December 18, 2025·No. SC2024-1403·Published

Opinion

Supreme Court of Florida ____________

No. SC2024-1403 ____________

IN RE: AMENDMENTS TO FLORIDA RULES OF GENERAL PRACTICE AND JUDICIAL ADMINISTRATION.

December 18, 2025

PER CURIAM.

In 2021, Chief Justice Canady issued an administrative order

establishing the Workgroup on Judicial Practices in the Trial Courts

to review the implementation of trial judges’ procedures for practice

within their individual courtrooms to determine whether the

instructions were accessible, understandable, and consistent with

court rules and law. See Fla. Admin. Order No. AOSC21-57.

During its review, the Workgroup determined that there was

confusion regarding the distinction between local rules and

administrative orders. The Court then asked the Local Rule

Advisory Committee (LRAC) to review the Workgroup’s report and

determine whether the rules should be amended to provide

clarification. In response to the Court’s referral, the LRAC filed a report

proposing amendments to Florida Rules of General Practice and

Judicial Administration 2.120 (Definitions), 2.140 (Amending Rules

of Court), and 2.215 (Trial Court Administration).1 The Court

published the proposal, three comments were received, and the

LRAC filed a response which included an updated proposal based

on the comments.

We now amend rules 2.120, 2.140, and 2.215. First, we

amend the definitions in rule 2.120 to expressly explain that chief

judges may issue administrative orders to establish rules of practice

or procedure as long as they are not inconsistent with the

constitution, court rules, local court rules, or this Court’s

administrative orders. And the definitions in rule 2.120 are

amended to clarify that local court rules address matters required

by the Florida Constitution, general law, rules of court, or supreme

court opinions to be adopted in local court rules. Next, we amend

rule 2.215 to simplify the process for the promulgation of local

1. We have jurisdiction. See art. V, § 2(a), Fla. Const.; see also Fla. R. Gen. Prac. & Jud. Admin. 2.140(d).

-2- court rules. Finally, we amend rule 2.140 consistent with our

amendments to rule 2.215.

The Court hereby amends the Florida Rules of General

Practice and Judicial Administration as reflected in the appendix to

this opinion. New language is indicated by underscoring; deletions

are indicated by struck-through type. The amendments to the rules

shall become effective January 1, 2026, at 12:02 a.m.

It is so ordered.

MUÑIZ, C.J., and CANADY, LABARGA, COURIEL, GROSSHANS, FRANCIS, and SASSO, JJ., concur.

THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER THE EFFECTIVE DATE OF THESE AMENDMENTS.

Original Proceeding – Florida Rules of General Practice and Judicial Administration

Judge Ross Bilbrey, Chair, Local Rules Advisory Committee, Tallahassee, Florida, and Bart Schneider, Staff Liaison, Office of the State Courts Administrator, Tallahassee, Florida,

for Petitioner

Michael Robert Ufferman, Chair, Rules of General Practice and Judicial Administration Committee, Tallahassee, Florida, Hon. Santo DiGangi, Past Chair, Rules of General Practice and Judicial Administration Committee, West Palm Beach, Florida, Joshua E. Doyle, Executive Director, The Florida Bar, Tallahassee, Florida, and Kelly Noel Smith, Staff Liaison, The Florida Bar, Tallahassee, Florida; John K. Londot and M. Hope Keating of Greenberg Traurig, P.A., on behalf of Florida Association of Court Clerks, Inc. d/b/a

-3- Florida Court Clerks & Comptrollers, Tallahassee, Florida; and Thomas D. Hall of The Mills Firm, PLLC, Tallahassee, Florida,

Responding with comments

-4-

RULE 2.120. DEFINITIONS The following terms have the meanings shown as used in these rules:

(a) [No Change]

(b) Local Court Rule:

(1) 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.

(2) A rule that addresses other matters that are required by the Florida Constitution, general law, rules of court, or a supreme court opinion to be adopted by or in a local court rule.

(c) Administrative Order: A directive, necessary to administer properly the court’s affairs but not inconsistent with the constitution or with court rules and administrative orders entered by the supreme courtthat may include rules of practice or procedure, issued to administer the court’s affairs. An administrative order issued by a chief judge must not be inconsistent with the constitution, court rules, local court rules, or with administrative orders entered by the chief justice of the supreme court.

RULE 2.140. AMENDING RULES OF COURT (a)–(g) [No Change]

(h) Local Court Rules Proposed by Trial Courts. The foregoing procedures shall not applyset forth in this rule are inapplicable to local court rules proposed by a majority of circuit and county judges in the circuit. The chief justice of the supreme

-5- court may appoint a Local Rule Advisory Committee to consider and make recommendations to the court concerning local court rules and administrative orders submitted pursuant to rule 2.215(e).

Committee Notes [No Change]

RULE 2.215. TRIAL COURT ADMINISTRATION

(a)–(d) [No Change]

(e) Local Court Rules and Administrative Orders.

(1) Local court rules as defined in rule 2.120 may be proposed by a majority of the circuit and county judges in the circuita chief judge after consulting other judges in the circuit. The chief judges must notify theany local bar association within the circuit of the proposal, after which theythe chief judge must 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 court rule is submitted to the supreme court for approval, the following procedure applies.

(A) Local court rule proposals must be submitted by a chief judge to the clerk’s office in the supreme court in January of each year. The supreme court may accept emergency proposals submitted at other times.

(B) The clerk of the supreme court must submit all local court rule proposals to the Supreme Court Local Rules Advisory Committee by February 15 of each yearwithin 20 days of receipt from the chief judge. At the same time, the clerk of the supreme court must send copies of the proposed rules to the appropriate committees of The Florida Bar impacted by the local court rule along with a notice indicating a date when comments must be filed. The Florida Bar committees, any interested local bar

-6- associations, and any other interested person must submit any comments or responses that they wish to make to the Supreme Court Local Rules Advisory Committee on or before March 15 of that yearby the time set forth in the notice.

(C) The Supreme Court Local Rules Advisory Committee must meet on or before April 15 to consider the proposals and any comments submitted by interested parties. The committee must transmit its recommendations to the supreme court concerning each proposal, with the reasons for its recommendations, within 1575 days after its meetingreceiving the proposal from the supreme court clerk.

(D) The supreme court must consider the committee’s recommendations and may resubmit the proposals with modifications to the committee for editorial comment only. The supreme court may set a hearing on any proposals or consider them on the recommendations and comments as submitted.

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In Re: Amendments to Florida Rules of General Practice and Judicial Administration, (Fla. 2025).

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