IN RE: AMENDMENTS TO FLORIDA RULE OF JUDICIAL ADMINISTRATION 2.205
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The Florida Supreme Court amended Rule of Judicial Administration 2.205 to grant the Chief Justice emergency powers to respond to public health emergencies affecting the courts, including authority to suspend deadlines, modify procedural requirements, and authorize remote proceedings.
The Court amended subdivision (a)(2)(B) of rule 2.205 to add new subdivision (v) granting the Chief Justice power, upon request of a chief judge or sua sponte, to enter orders suspending or modifying time deadlines, procedural requirements, and other court rules, and to authorize alternative procedures including remote proceedings and suspension of jury trials during public health emergencies.
[1] The Chief Justice has the authority to take necessary actions to respond to a public health emergency affecting the courts and court participants.
[2] The Chief Justice may suspend, extend, toll, or otherwise change time deadlines or standards in response to a public health emergency.
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Core grant of emergency authority to the Chief Justice during public health emergencies
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Join FLexlaw to unlock all legal intelligenceThe Court acted on its own motion to amend the judicial administration rules in response to circumstances requiring emergency measures to address effe…
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PER CURIAM.
The Court, on its own motion,1 amends Florida Rule of Judicial
Administration 2.205 (The Supreme Court) to recognize the Chief Justice’s authority to take the actions necessary to respond to a public health emergency affecting the courts and the court participants of this State.2
The Court amends subdivision (a)(2)(B) (Internal Government; Chief
Justice) of rule 2.205 to add to the list of the Chief Justice’s powers and duties a new subdivision (v) to read as follows:
(v) the power, upon request of the chief judge of any circuit or district, or sua sponte, in the event of a public health emergency that requires mitigation of the effects of the emergency on the courts and
1. See Fla. R. Jud. Admin. 2.140(g).
2. We have jurisdiction. See art. V, § 2(a), Fla. Const. court participants, to enter such order or orders as may be appropriate: to suspend, extend, toll, or otherwise change time deadlines or standards, including, without limitation, those affecting speedy trial procedures in criminal and juvenile proceedings; suspend the application of or modify other requirements or limitations imposed by rules of procedure, court orders, and opinions, including, without limitation, those governing the use of communication equipment and proceedings conducted by remote electronic means; and authorize temporary implementation of procedures and other measures, including, without limitation, the suspension or continuation of civil and criminal jury trials and grand jury proceedings, which procedures or measures may be inconsistent with applicable requirements, to address the emergency situation or public necessity.
Existing subdivisions (v) through (vii) of the rule are renumbered (vi) through (viii).
Accordingly, the Florida Rules of Judicial Administration are amended, as reflected in this opinion. The amendments shall become effective immediately upon the release of this opinion. Because the amendments were not published for comment prior to their adoption, interested persons shall have seventy-five days from the date of this opinion in which to file comments with the Court.3
3. All comments must be filed with the Court on or before May 27, 2020, with a separate request for oral argument if the person filing the comment wishes to participate in oral argument, which may be scheduled in this case. If filed by an attorney in good standing with The Florida Bar, the comment must be electronically filed via the Florida Courts E-Filing Portal (Portal) in accordance with In re Electronic Filing in the Supreme Court of Florida via the Florida Courts E-Filing Portal, Fla. Admin. Order No. AOSC13-7 (Feb. 18, 2013). If filed by a nonlawyer or a lawyer not licensed to practice in Florida, the comment may be, but is not required to be, filed via the Portal. Comments filed via the Portal must be submitted in Microsoft Word 97 or higher. See In re Electronic Filing in the Florida Supreme Court, Fla. Admin. Order No. AOSC17-27 (May 9,
-2-It is so ordered.
CANADY, C.J., and POLSTON, LABARGA, LAWSON, and MUÑIZ, JJ., concur. THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER THE EFFECTIVE DATE OF THESE AMENDMENTS.