IN RE: AMENDMENTS TO FLORIDA RULE FOR CERTIFIED AND COURT-APPOINTED MEDIATORS 10.900
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The Court amends Florida Rule for Certified and Court-Appointed Mediators 10.900 to clarify the procedure for submitting a notice of review of mediator disciplinary action, requiring filing with the Clerk of the Supreme Court.
[1] A notice of review of mediator disciplinary action must be filed with the Clerk of the Supreme Court to invoke appellate jurisdiction.
[2] The Florida Rules of Appellate Procedure, to the extent applicable, govern appeals of mediator disciplinary matters.
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Join FLexlaw to unlock all legal intelligenceThe Court, on its own motion, amends Rule 10.900 to change the submission process for notices of review of mediator disciplinary actions. The amendmen…
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The Court, on its own motion, amends Florida Rule for Certified and Court-Appointed Mediators 10.9001 (Supreme Court *991Chief Justice Review) to clarify the procedure for submitting a notice of review of mediator disciplinary action to the Chief Justice of this Court.2
The amendments to rule 10.900 require a notice of review of mediator disciplinary action to be filed with the Clerk of this Court, rather than, as currently required, submitted directly to the Chief Justice who, under the rule, either conducts the review proceedings or designates another reviewer. Requiring filing with the Clerk will provide a clear mechanism for submitting a notice of review and all other documents submitted in review proceedings. This requirement also will streamline the submission process and make oversight of the “filings” in these review proceedings more manageable for court staff.
Accordingly, we amend the Florida Rules for Certified and Court-Appointed Mediators as reflected in the appendix to this opinion. New language is indicated by underscoring; deletions are indicated by struck-through type. 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 sixty days from the date of this opinion in which to file comments with the Court.3
It is so ordered.
APPENDIX
RULE 10.900. SUPREME COURT CHIEF JUSTICE REVIEW
(a) Right of Review. Any mediator or applicant found to have committed a violation of these rules or otherwise sanctioned by a hearing panel shall have a right of review of that action. Review of this type shall be by the chief justice of the Supreme Court of Florida or by the chief justice’s designee. A mediator shall have no right of review of any resolution reached under rule 10.800(g) and 10.810(i).
(b) Rules of Procedure. The Florida Rules of Appellate Procedure, to the extent applicable and except as otherwise provided in this rule, shall control all appeals of mediator disciplinary matters.
(1) The jurisdiction to seek review of disciplinary action shall be invoked by submitting filing an original and 1 copy of a Notice of Review of Mediator Disciplinary Action to the chief justice with the clerk of the supreme court within 30 days of the *992panel’s decision. A copy shall also be provided to the DRC.
(2) The notice of review shall be substantially in the form prescribed by rule 9.900(a), Florida Rules of Appellate Procedure. A copy of the panel decision shall be attached to the notice.
(3) Appellant’s initial brief, accompanied by an appendix as prescribed by rule 9.210, Florida Rules of Appellate Procedure, shall be served within 30 days of submitting the notice of review. Additional briefs shall be served as prescribed by rule 9.210, Florida Rules of Appellate Procedure.
(c) Standard of Review. The review shall be conducted in accordance with the following standard of review:
(1) The chief justice or designee shall review the findings and conclusions of the panel using a competent substantial evidence standard, neither reweighing the evidence in the record nor substituting the reviewer’s judgment for that of the panel.
(2) Decisions of the chief justice or des-ignee shall be final upon issuance of a mandate under rule 9.340, Florida Rules of Appellate Procedure.
LABARGA, C.J., and PARIENTE, LEWIS, QUINCE, CANADY, POLSTON, and LAWSON, JJ., concur.
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- In re Amendments to the Florida Rules for Certified and Court-Appointed Mediators, 202 So. 3d 795 (Fla. 2016)