In re Amendments to the Florida Rules of Judicial Administration

95 So. 3d 96, 37 Fla. L. Weekly Supp. 487, 2012 WL 2848890, 2012 Fla. LEXIS 2678
CourtSupreme Court of Florida
DecidedJuly 12, 2012
DocketNo. SC10-2299
StatusPublished
Cited by5 cases

This text of 95 So. 3d 96 (In re Amendments to the Florida Rules of Judicial Administration) 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 the Florida Rules of Judicial Administration, 95 So. 3d 96, 37 Fla. L. Weekly Supp. 487, 2012 WL 2848890, 2012 Fla. LEXIS 2678 (Fla. 2012).

Opinion

PER CURIAM.

We have for consideration a proposed new uniform computation of time rule, Florida Rule of Judicial Administration 2.514, and conforming amendments to the various rules of procedure. The amendments were proposed by The Florida Bar’s rules committees and this Court’s Criminal Court Steering Committee. Fla. R. Jud. Admin. 2.140(f). We have jurisdiction1 and adopt the proposals with a number of modifications. We also amend several other rules on our own motion.

Background

The committees’ proposals are in response to a request by the Court that the committees “work together to propose a uniform rule of procedure to govern the computation of time periods in all types of proceedings, for possible placement in the Rules of Judicial Administration.” See Letter from Thomas D. Hall, Clerk of the Florida Supreme Court, to The Florida Bar Rules Committee Chairs and Chair of Criminal Court Steering Committee (June 16, 2010) (on file with the Clerk in Case No. 10-2299). The need for a uniform computation rule came to the Court’s attention when the Court was considering standard language to be used in administrative orders issued by the Chief Justice, under Florida Rule of Judicial Administration 2.205(a)(2)(B)(iv), extending time limits imposed by rule or statute due to an emergency requiring the closure of courts or otherwise affecting the ability of litigants or their attorneys to comply with the deadlines imposed.2 Due to issues surrounding the effect of what used to be [98]*98referred to as “tolling orders,”3 the Court revised the language of the model administrative order to replace references to “tolled” with the words “extended” and “suspended.”4 The Court also determined that a uniform rule was needed because the current computation rules vary and they do not factor in periods of time extended by administrative order of the chief justice. See, e.g., Fla. R. Civ. P. 1.090(a); Fla. R.Crim. P. 3.040; Fla. R. Civ. P. Invol. Commit. 4.090(a); Fla. R.App. P. 9.420(f).

In response to the Court’s request for a uniform computation rule,5 the committees propose new Florida Rule of Judicial Administration 2.514 (Computing and Extending Time) and conforming amendments to the various rules of procedure. The Executive Committee of the Board of Governors of The Florida Bar unanimously approved the proposals. The Court published proposals for comment. One comment was filed, to which the rules committees filed a joint response.

After hearing oral argument, the Court sought input from the committees on a number of revisions to the proposed amendments and several additional amendments suggested by the Court. See In re Computation of Time, No. SC10-2299 (Fla. order filed Oct. 13, 2011). The committees agreed with the Court’s revisions and offered minor revisions of their own. The Executive Committee of The Florida Bar Board of Governors unanimously approved the revisions.

After considering the committees’ proposals, the comment filed, and the committees’ responses, we adopt new Florida Rule of Judicial Administration 2.514 (Computing and Extending Time) and conforming amendments to Florida Rule of Civil Procedure 1.090 (Time); Florida Rule of Criminal Procedure 3.040 (Computation of Time); Florida Rule of Civil Procedure for Involuntary Commitment of Sexually Violent Predators 4.090 (Time); Florida Probate Rule 5.042 (Time); Florida Rules of Traffic Court 6.350 (Computation of Time) and 6.3706 (Additional Time after [99]*99Service by Mail); Florida Rules of Juvenile Procedure 8.085 (Prehearing Motions and Service), 8.180 (Computation and Enlargement of Time), 8.240 (Computation, Continuance, Extension, and Enlargement of Time), 8.680 (Computation and Enlargement of Time); Florida Rule of Appellate Procedure 9.420 (Filing; Service of Copies; Computation of Time); and Florida Family Law Rule of Procedure 12.090 (Time). We discuss the more significant amendments below.

Amendments

First, we discuss new Rule of Judicial Administration 2.514 (Computing and Extending Time). Subdivision (a) (Computing Time) sets forth the rules that apply in computing time periods specified in any rule of procedure, local rule, court order, or statute that does not specify a method of computing time. Subdivision (a)(1) provides the rules for computing time periods stated in days or longer units. When the period is stated in days or a longer unit of time, the day of the event that triggers the period is excluded. Every day, including intermediate Saturdays, Sundays, and legal holidays, is counted. The last day of the period is included, but if the last day is a Saturday, Sunday, or legal holiday, or falls within any period of time extended through an order of the chief justice under Florida Rule of Judicial Administration 2.205(a)(2)(B)(iv), the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday and does not fall within any period of time extended through an order of the chief justice. Under subdivision (a)(3), when a period stated in days is less than seven days, intermediate Saturdays, Sundays, and legal holidays are not included in the computation.

Subdivision (a)(2) provides the rules for computing time periods stated in hours. When the period is stated in hours, counting begins immediately on the occurrence of the event that triggers the period. Every hour, including hours during intermediate Saturdays, Sundays, and legal holidays, is counted. If the period ends on a Saturday, Sunday, or legal holiday, or during any period of time extended through an order of the chief justice under Florida Rule of Judicial Administration 2.205(a)(2)(B)(iv), the period continues to run until the same time on the next day that is not a Saturday, Sunday, or legal holiday and does not fall within any period of time extended through an order of the chief justice.

Subdivision (a)(4) defines “last day,” “next day,” and “legal holiday” for purposes of the rule.

Subdivision (b) (Additional Time after Service by Mail or E-mail) replaces existing Florida Rule of Civil Procedure 1.090(e) (Additional Time after Service by Mail), which is deleted.7 Subdivision (b) is similar to Federal Rule of Civil Procedure 6(d) (Additional Time after Certain Kinds of Service), which treats the computation of time after service by mail and e-mail the same. See Fed.R.Civ.P. 6(d) (citing Fed.R.Civ.P. 5(b)(2)(C), (E)). Subdivision (b) also is consistent with the recently adopted e-mail service rule, Florida Rule of Judicial Administration 2.516, which contemplates retaining the five additional mailing days in civil cases and three additional days in criminal cases when service is by e-mail. See In re Amends. to Fla. Rules of Jud. Admin., Fla. Rules of Civ. Pro., Fla. Rules of Crim. Pro., Fla. Probate Rules, Fla. Rules of Traffic Court, Fla. Small Claims Rules, Fla. Rules of Juv. Pro., Fla. Rules of App. Pro., and Fla. Family Law Rules of Pro.—Email Service Rule, 2012 WL [100]*1002400760

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State v. KAMARI LAVAR LOWERY
District Court of Appeal of Florida, 2021
C. M. v. Department of Children & Families
208 So. 3d 1291 (District Court of Appeal of Florida, 2017)
Harold v. Sanders
159 So. 3d 338 (District Court of Appeal of Florida, 2015)
McCray v. State
151 So. 3d 449 (District Court of Appeal of Florida, 2014)
In re Amendments to Florida Rule of Civil Procedure 1.442
112 So. 3d 1209 (Supreme Court of Florida, 2013)

Cite This Page — Counsel Stack

Bluebook (online)
95 So. 3d 96, 37 Fla. L. Weekly Supp. 487, 2012 WL 2848890, 2012 Fla. LEXIS 2678, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-amendments-to-the-florida-rules-of-judicial-administration-fla-2012.