Supreme Court of Florida

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No. SC22-521

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IN RE: AMENDMENT TO FLORIDA RULE OF GENERAL 

PRACTICE AND JUDICIAL ADMINISTRATION 2.215.

May 12, 2022

PER CURIAM.

The Court, on its own motion, amends Florida Rule of General 

Practice and Judicial Administration 2.215 (Trial Court 

Administration). We have jurisdiction. See art. V, § 2(a), Fla. 

Const.; Fla. R. Gen. Prac. & Jud. Admin. 2.140(d).

Specifically, we amend rule 2.215(b)(4) to remove the 

requirement that a chief judge of a circuit court seek the approval of 

the outside circuit chief judge before requesting the Chief Justice of 

this Court to temporarily assign an additional judge or judges from 

the outside circuit to duty in the requesting court. The amendment 

is intended to eliminate the appearance of any impropriety that the 

requesting court is choosing the outside judge or judges, 

particularly in the context of the recusal of the requesting court. 
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This amendment also is consistent with article V, section (2)(b) of 

the Florida Constitution, which provides that the Chief Justice of 

this Court “shall have the power to assign justices or judges, 

including consenting retired justices or judges, to temporary duty in 

any court for which the judge is qualified.”

Accordingly, we amend the Florida Rules of General Practice 

and Judicial Administration as reflected in the appendix to this 

opinion. Deletions are indicated by struck-through type. The 

amendment shall become effective immediately. Because the 

amendment was not published for comment previously, interested 

persons shall have seventy-five days from the date of this opinion in 

which to file comments with the Court.1

1. All comments must be filed with the Court on or before 

July 26, 2022, as well as 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. Any person unable to submit a comment 

electronically must mail or hand-deliver the originally signed 

comment to the Florida Supreme Court, Office of the Clerk, 500 
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It is so ordered.

CANADY, C.J., and POLSTON, LABARGA, LAWSON, MUÑIZ, 

COURIEL, and GROSSHANS, JJ., concur.

THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER 

THE EFFECTIVE DATE OF THIS AMENDMENT.

Original Proceeding – Florida Rules of General Practice and Judicial 

Administration

South Duval Street, Tallahassee, Florida 32399-1927; no additional 

copies are required or will be accepted.
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APPENDIX

Rule 2.215. TRIAL COURT ADMINISTRATION

(a) [No Change]

(b) Chief Judge.

(1)-(3) [No Change]

(4) The chief judge shall assign judges to the courts and 

divisions, and shall determine the length of each assignment. The 

chief judge is authorized to order consolidation of cases, and to 

assign cases to a judge or judges for the preparation of opinions, 

orders, or judgments. All judges shall inform the chief judge of any 

contemplated absences that will affect the progress of the court’s 

business. If a judge is temporarily absent, is disqualified in an 

action, or is unable to perform the duties of the office, the chief 

judge or the chief judge’s designee may assign a proceeding pending 

before the judge to any other judge or any additional assigned judge 

of the same court. The chief judge may assign any judge to 

temporary service for which the judge is qualified in any court in 

the same circuit. If it appears to the chief judge that the speedy, 

efficient, and proper administration of justice so requires, the chief 

judge shall request the chief justice of the supreme court to assign 

temporarily an additional judge or judges from outside the circuit to 

duty in the court requiring assistance, and shall advise the chief 

justice whether or not the approval of the chief judge of the circuit 

from which the assignment is to be made has been obtained. The 

assigned judges shall be subject to administrative supervision of the 

chief judge for all purposes of this rule. When assigning a judge to 

hear any type of postconviction or collateral relief proceeding 

brought by a defendant who has been sentenced to death, the chief 

judge shall assign to such cases a judge qualified to conduct such 

proceedings under subdivision (b)(10) of this rule. Nothing in this 

rule shall restrict the constitutional powers of the chief justice of 

the supreme court to make such assignments as the chief justice 

shall deem appropriate.
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(5)-(13) [No Change]

(c)-(i) [No Change]

Committee Notes

[No Change]

Court Commentary

[No Change]

Criminal Court Steering Committee Note

[No Change]