# Supreme Court of Florida

____________
No. SC17

- 155

____________

IN RE: AMENDMENTS TO THE FLORIDA RULES OF JUDICIAL ADMINISTRATION

— 2 017 REGULAR

- CYCLE REPORT.

[September 7, 2017]

PER CURIAM.

We have for consideration The Florida Bar’s Rules of Judicial

Administration Committee ’s (RJA Committee) regular

- cycle report of p roposed

rule amendments

. See Fla . R. Jud. Admin. 2.140(b)(4) . We have jurisdiction 1 and

adopt many of the unop posed amendments as proposed

. W e modify several of the

proposals and adopt , o n our own motion, additional amendments to further clarify

and delineate the current procedures for amending court rules

. However, we

decline to adopt the opposed amendments that would expand the RJA Committee’s

responsibilities as the “ rules coordinating committee

. ”

1

. S ee art. V, § 2(a), Fla. Const.- 2

- BACKGROUND

The RJA Committee proposes amendments to Florida Rules of Judicial

Administration 2.140 (Amending Rules of Court); 2.510 (Foreign Attorneys); and

2.516 (Service of Pleadings and Documents). The RJA C ommittee published the

proposals for comment before filing them with the Court. The RJA Committee

received comments from the Appellate Court R ules Committee (ACR C ommittee ),

the Family Law Rules Committee (FLR C ommittee ), and the Small Claims Rules

Committee (SCR C ommittee ) objecting to the amendments to rule 2.140(a)(6) that

( 1) would recognize the RJA C ommittee as the central rules coordinatin g

committee and reviewer of rules proposals to determine if a proposal is of general

or common application and to make recommendations to resolve conflicts,

inconsistencies, and redundancy between a proposal and existing or other proposed

rules

, and ( 2) would allow the RJA C ommittee to issue a formal response to the

proposals to be included in the rule submissions to the Board of Governors of The

Florida Bar and to this Court . After considering the comments, the RJA

C ommittee did not make any revisions t o its proposals. The Board of Governors

approved all the propos ed rule amendments

.

After the RJA Committee filed its report, t he Court published the proposed

amendments for comment. The ACR C ommittee , the Criminal Procedure Rules- 3

-

Committee (CPR C ommitt ee ), the SCR C ommittee , and The Florida Bar’s

Criminal Law Section filed comments opposing the proposed amendments to rule

2.140(a)(6). The FLR C ommittee , the Juvenile Court Rules Committee (JCR

C ommittee ), and the Probate Rules Committee (PR C ommittee ) filed a joint

comment also opposing those amendments

. The comments filed with this Court

raise the same objections to the proposed amendments as were raised in the

comments submitted to the RJA Committee. The RJA C ommittee responded to the

comments submi tted to it in its report and filed a response to the comments filed

with the Court

.

AMENDMENTS

After considering the RJA Committee’s proposals, the comment s submitted

to the RJA Committee and filed with the Court , and the RJA Committee’s

response s to the comments , we decline to adopt the opposed amendments to rule

2.140(a)(6). However, w e adopt the amendments to rules 2.510 (Foreign

Attorneys), and 2.516 (Service of Pleadings and Documents)

, and many of the

noncontroversial amendments to rule 2.140 (Am end ing Rules of Court)

. 2 We

modify several of the proposed amendments to rule 2.140 and

, o n our own motion

,

2 . Minor editorial and technical amendments also are made throughout rule 2.140. As explained later in this opinion, we have modified a proposed “editorial” amendment to rule 2.510.- 4

-

make additional changes to rule 2.140 in order to more fully delineate the current

procedures for amending court rules.

W e commend the RJA Committee f or its willingness

, as our “rules

coordinating committee

, ” to take on more responsibilities to ensure the quality of

the rules of court . We also greatly appreciate th at committee’s efforts to improve

communication among t he Bar’s rules committees and to suggest procedures

designed to improve the rule coordination process . However, after considering the

proposed amendments to rule 2.140(a)(6) and the comments opposing those

amendments and hearing oral argument , we d ecline to adopt amendments that

would r equire the RJA Committee to have a more involved role in coordinating

rule proposals

. We agree with the commenters that expanding the RJA

Committee ’s ru le coordination responsibilities as proposed could result in undue

delay in the rule

- making process and unnecessarily over burden the RJA

Committee

. Currently u nder rule 2.140(a)(6), e ach rules committee provide s the RJA

C ommittee with a copy of all proposed rules chan ges, and the RJA C ommittee

refer s proposed rules chang es to any rules committee s it d etermines may be

affected by the change

. Since this Court recognized the RJA C ommittee as the

rules coordinating committee, that committee has been responsible for identifying

rules proposals that might affec t other existing or proposed rules and referring- 5

-

those proposals to the appropriate rules committees

. See Fla. Bar re Rules of

Judicial Admin

. , 458 So. 2d 1110, 1110

- 11 (Fla. 1984) (adopting rule 2.130(b)(5)

effective January 1, 1985 (renumbered 2.140(a)(6)); Fla. R. Jud. Admin.

2.140(a)( 6). The Court has explain ed that this rule coordination function was

created “ to identify how proposed changes in one set of rules inter

- relate with

existing and proposed rules in other areas ” and to provide “ a means for

determining the potential impact o f rules changes on rules in other areas. ” Fla. Bar

re Rules of Judicial Admin

. , 458 So. 2d at 1110

- 11. Currently, t he affected

committees

, who se members have expertis e in the ir respective practice areas

, are
responsible for rev iewing the referred rule change and working with the proposing

committee to determin e what action, if any, should be taken to avoid conflicts and

other potential issues with the proposal

. Wh ile this coordination scheme may not

be perfect, it allocates rule coordination responsibi lities to the committee best

suited to each task. The RJA Committee , with its diverse membership and liaison

subcommittee, is best suited to review all proposed rules changes to identify

change s that might impact other r ules or pending proposals ; and the several

substantive rules committee s are best equipped to work together to resolve

identified issues with rules proposals

. According to t he RJA Committee’s report and response to the comments

,

that committee’s liaison subcommittee currently reviews all ru les proposals to- 6

-

determine how they relate to other rules and whether a proposal should be referred

to any potentially affected rules committees for consideration. The liaison

subcommi ttee consists of members from each of the other rules committees who

are appointed to serve as liaisons between the ir respective committees and the RJA

Committee

. As amended

, subdivision (a)(4) of rule 2.140 will specifically require

the liaison committee members appointed to the RJA Committee by the chairs of

the ir respe ctive rules committee to “facilitate and implement routine periodic

reporting by and to the Rules of Judicial Administration Committee on the

development and progress of rule proposals under consideration and their potential

impact on other existing or pro posed rules.” This ongoing active communication

between the RJA Committee and the other rules committees about the status of

rule s proposals will enhance the RJA Committee ’s rule coordination efforts

.

W hile we decline to adopt the proposed amendments tha t would expand the RJA

Committee’s rule coordination responsibilities, there is nothing to preclude the

RJA Committee from including in its referral to an affect ed rules committee or
providing in a comment submitted to a proposing committee

, under rule

2.140( b ) (2) or new rule 2.140(e)(2), any information , insights, or suggestions the

RJA Committee believes might be helpful to t hose committees in considering a

propos ed rule change. In this way, the RJA Committee can take a more active role- 7

-

in resolving p otential issues with rule proposals that will not result in undue delay

or otherwise detrimental ly affect the rule

- making process.

The proposed amendments to rule 2.140 we do adopt are intended to clarify

, improve, and streamline the rule

- making process. W e adopt the amendments to

subdivision (a)(2) of rule 2.140 , as proposed, to clarify that proposals to amend

court rules may be submitted to the Clerk of this Court for referral to the

appropriate rules committee, as currently provided, or may be submitted directly to

the appropriate rules committee chair or Bar staff liaison to the rul es committee.

We amend s ubdivision (a)(4 ) of rule 2.140 , as proposed, to require that members

of the RJA C ommittee have “previous rules committee experience or sub stantial

experience in the administration of the Florida court system.” The requirement

that the ch airs of each rules committee appoint one of the committee’s members to

“serve as a regular member of the Rules of Ju dicial Administration Committee ” is

move d from current subdivision (a)(6) to subdivision (a)(4 ) . And, as noted above,

proposed language is added that requires the committee liaisons to “facilitate and

implement routine periodic reporting by and to the Rules of Judicial

Administration Committee on the development and progress of rule proposals

under consideration and their potential impact on other existing or proposed rules.”

We further amend s ubdivision (a)(4 ) , as proposed, to clarify that committee liaison

member s serve at the pleasure of the ir respective committee chair and to clarify- 8

-

that the president

- elect of the Board of Governors appoints sitting members of each

rules committee to serve as chairs and vice chairs.

We also amend s ubdivision (a)(5) of rule 2.140 , as proposed, t o ensure that

each rules committee shares rule amendme nt information with other committees in

a timely manner by adding a requirement that each committee “promptly and

timely” furnish to the other rules committees “all meeting agendas and all minutes

or other recor d of action taken.” This chan ge furthers the RJA Committee’s goal

of improving communication between the rules committee s and allows other rules

committees , including the RJA Committee, to id entify and communicate about

potential issues with rule cha nges even before the proposals are approved and

formally submitted to the R JA Committee under subdivision (a)(6)

. We adopt many of the proposed amendments to the other subdivisions of

rule 2.140 either as proposed or with some modification s

. On our own motion, w e

also mak e a number of add itional changes to the rule that are consistent with

current procedures for amending court rules. First, w e modify the proposed new

title to s ubdivision (b) (Schedule for Rules Proposals) to read “Schedule for

Regular

- Cycle Ru les Proposals

. ” We change , as proposed, t he date a committee

must report revisions to its regular

- cycle proposals to the Board of Governors from

October 15 to October 31. W e make several additional changes to subdivision (b)

that are consistent with curr ent procedures for regular

- cycle rules changes , such as- 9

-

recognizing that some pro posals are considered without oral argument and that

regular

- cycle rules cases that are schedul ed for oral argument are generally

scheduled for June

. We make the proposed technical changes to subdivision (d)

(Emergency Amendments by Court) of rule 2.140 and also ma k e a number of

additional changes to more fully delineate the current procedures for amendments

adopted on the Court’s own motion.

The RJA Committee proposes ex tensive amendments to s ubdivision (e)

(Emergency Recommendations by Committee) of rule 2.140 , including chang ing

the subdivision’s title and adding new subdivision s (e)(1) and (e)(2). We adopt

some of the committee ’s changes as proposed

, and modify some o f the proposals

, including t he suggested subdivision titles. We retitle subdivision (e) “Out

- of

Cycle Committee Proposals” and title new subdivisions (e)(1) and (e)(2)

“Emergency Proposals and Proposals in Response to Legislative Changes” and

“Non

- Emergen cy Out

- of

- Cycle Proposals,” respectively

. On our own motion, we

make additional changes to this subdivision in order to make this subdivision

consistent with current procedures for out

- of

- cycle rule proposals and to clarify

that the rules committees shoul d use their “ fast

- trac k procedures ” for rule

amendments needed due to changes in legislation.

We make the proposed technical changes to s ubdivision (f) (Request by

Court)

. On our own motion, we make a number of changes to streamline this- 10

-

subdivision and make it consistent with the current procedures for committee

recommendations submitted in response to a request by the Court. W e delet e

much of the existing language in subdivision (f) and add new subdivisions (f)(1)

(Recommended Rule Changes) and (f)(2) (No Action Recommendations). New

subdivision (f)(1) recognizes that rule changes recommended in response to a

request by t he Court are currently submitted to the Court in eithe r regular or out

of

- cycle reports and the procedures for regular and out

- of

- cycle proposals

generally are followed . New subdivision (f)(2) delineates the current procedure for

committee reco mmendations that no rule change is warranted and requires such

recommendations to be submitted to the Court in a “no action report” rather than in

a report proposing rule changes under other subdivisions of rule 2.140

. This new

subdivision also codifies the Court’s current practi ce of having the C lerk of this

C ourt provide notificatio n of the Court’s action on the committee’s

rec ommendation. These procedures promote the Court’s timely consideration of

“no action” recommendations and ensure their efficient processing

. W e also make

the proposed technical amendments to subdivision (g) ( Amendments to the Rules

of Judicial Administration ) and make several additional technical changes to that

subdivision that are consistent with technical changes being made to other

subdivisions of rule 2.140.- 11

-

We amend 2.510(a) ( Foreign Attorneys; Eligibi lity), as pr oposed, to remove
the pro hac vice appearance limitation for federally aut horized state court

appearances by providing that the rule “ shall not affect the eligibility of a foreign

attorney to appear in a Florida court when authorized by federal law.” We have

modified the proposed editorial change in item 10 of the “Verified Motion for

Admission to Appear Pro Hac Vice” at the end of rule 2.510 that would replace the

reference to disciplinary resignation with a reference to disciplinary revocatio n

.
As modified, the amendment to item 10 require s the movant to represent that he or

she “is not a disbarred member of The Florida Bar nor has Movant received a

disciplinary resignation or disciplinary revocation from The Florida Bar.” This

change recogn izes that while a disciplinary revocation has replac ed a disciplinary

resignation, and since 2006 , attorneys have not been able to agree to a disciplinary

resignation, there are still former members of The Florida Bar who were gra nted

disciplinary resignat ions. See In re Amends

. to Rules Regulating Fl a. Bar , 916 So.

2d 655, 656 (Fla. 2005) (deleting rule 3

- 7.12 (Disciplinary Resignation fr om the

Florida Bar) from the Rules Regulating the Florida Bar effective January 1, 2006 );

In re Amend s. to Rules Regulating F l a. Bar (Biannual Report) , 101 So. 3d 807

,

807

- 808 (Fla. 2012) (adding rule 3

- 7.12 (Disciplinary Revocation of Admission to

t he Florida Bar) to the Bar Rules).- 12

-

Finally, w e adopt the proposed clarifying and technical amendments to r ule

2.516 (Service of Pleadings and Documents)

. Subdivision (b)(1)(E)(i) (Format of

E

- mail for Service) is amended to require the “case style” be included in the

subject line in a service e

- mail. The amendment to subdivision (b)(2) (Service by

Other Means) provide s that service in that situation must be made by “noting the

non

- service in the certificate of service, and stating in the certificate of service that

a copy of the served document may be obtained, on request, from the clerk of the

court or from th e party serving the document.” According to the report, this

amendment is intended to avoid the failure of service in situations when a pro se

litigant has not designated an e

- mail address and no physical address is known.

CONCLUSION

Accordingly, we amend the Florida Rules of 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

shall become effective January 1, 2 018 , at 12:01 a.m. Because the amendments to

rule 2.140 that are adopted on the Court’s own motion have not been published for

comment, interested persons shall have sixty days from the date o f this opinion in

which to comment on those amendments

. 3

3

. All comments must be filed with the Court on or before November 6, 2017 , with a certificate of service verifying that a copy has been served on the Chair of the RJA Committee

, Judson Lee Cohen , 14125 N.W. 8 0th Avenue Suite- 13

-

It is so ordered.

LABARGA, C.J., and PARIENTE, LEWIS, QUINCE, CANADY, POLSTON, and LAWSON, JJ., concur.

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

Original Proceeding

– Florida Rules of Judicial Administrati on

Judson Lee Cohen, Chair, Rules of Judicial Administration Committee, Miami Lakes, Florida, Judge Steven Scott Stephens, Past Chair, Rules of Judicial Administration Committee, Tampa, Florida; and John F. Harkness, Jr., Executive Director

, an d Krys Godw in, Attorney Liaison, The Florida Bar, Tallahassee, Florida,

for Petitioner

400, Miami Lakes, Florida 33016

- 2350

, jcohen@weinsteincohen.com , and on the Bar Staff Liaison to the Committee, Krys Godwin , 651 E. Jefferson Street, Tallahassee, Florida 32399

- 2300, kgodwin @flabar.org, as well as a separate request for oral argument if the person filing the comment wishes to participate in oral argument , whic h may be scheduled in this case . The Committee Chair has until November 27, 2017 , to file a response to any comments filed with the Court. 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. O rder 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 highe r. See In re Electronic Filing in the Florida Supreme Court , Fla. Admin. Order No. AOSC17

- 27 (May 9, 2017). 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 South Duval Street, Tallahassee, Florida 32399

- 1927; no additional copies are required or will be accepted.- 14

-

Robert Joseph Merlin, Chair, Family Law Rules Committee, Coral Gables, Florida

, Judge Laurel Moore Lee, Past Chair, and Caroline Black Sikorske, Member, Family Law Rules Committ ee, Tampa, Florida ; Jonathan Adam Galler, Chair, Florida Probate Rule s Committee, Boca Raton, Florida, and Michael Travis Hayes and Jon Scuderi, Past Co

- Chairs, Florida Probate Rules Committee, Naples, Florida; Kara Ann Fenlon, Chair, Juvenile Court Rules Committee, Tallahassee, Florida

, and Ward L. Metzger, Past Chair, Juve nile Court Rules Committee, Jacksonville, Florida; Marty McDonnell, Chair, Criminal Law Section of the Florida Bar, Tallahassee, Florida

, and Joel M. Silvershein, Past Chair, Criminal Law Section of The Florida Bar, Fort Lauderdale, Florida; La ndis Vernon Curry III, Chair, and Kristin A. Norse, Past Chair, Appellate Court Rules Committee, Tampa, Florida, and Thomas D. Hall, Vice Chair, Appellate Court Rules Committee, Tallahassee, Florida; Michael Thiel Debski, Chair, Small Claims Rules Committee, Jacksonvi lle, Florida

, and Alison Verges Walters, Past Chair, Small Claims Rules Committee, Tampa, Florida; Jon Berkley Morgan, Chair, Criminal Procedure Rules Committee, Kissimmee, Florida

, and H. Scott Fingerhut, Past Chair, Criminal Procedure Rules Committee, Co ral Gables, Florida ; and Mikalla Andies Davis and Heather Savage Telfer, Attorney Liaisons, The Florida Bar, Tallahassee, Florida,

Responding with Comments- 15

- APPENDIX

RULE 2.140. AMENDING RULES OF COURT

(a) Amendments Generally. The following procedure shall be followed for consideration of rule amendments generally other than those adopted under subdivisions (d), (e), (f), and (g):

( 1) [No Change ]

(2) Proposals shall be submitted to the clerk of the supreme court

, the committee chair(s) of a Florida Bar committee listed in subdivision (a)(3), or the Bar staff liaison of The Florida Bar in writing and shall include a general description of the proposed rule change or a specified proposed change in content. The clerk of the supreme court shall refer proposals to the appropriate committee under subdivision (a)(3).

(3) [ No Change ]

(4) Each committee shall be composed of attorneys and judges with extensive experience and training in the committee’s area of practice of the committee cal ling for regular, frequent use of the rules concentration

. Members of the Rules of Judicial Administration Committee shall also have previous rules committee experience or substantial experience in the administration of the Florida court system. The chair o f each rules committee shall appoint one of its members to the Rules of Judicial Administration Committee to serve as a regular member of the Rules of Judicial Administration Committee to facilitate and implement routine periodic reporting by and to the Ru les of Judicial Administration Committee on the development and progress of rule proposals under consideration and their potential impact on other existing or proposed rules. The members of the each rules committee shall serve for 3

- year staggered terms

, except members appointed by a rules committee chair to the Rules of Judicial Administration Committee who shall serve at the pleasure of the respective rules committee chairs . The president

- elect of The Florida Bar shall appoint sitting members of each rul es committee to serve

as the chair (s) and vice chair (s) of each committee for each successive year

.

(5) The committees shall consider and vote on each proposal. The rules committees may originate proposals and are charged with the duty of shall regular ly rev iew and reevaluation of reevaluate the rules to advance orderly and inexpensive procedures in for the administration of justice. The committees shall- 16

-

consider and vote on each proposal. The rules committees may accept or reject proposed amendments or may ame nd proposals. The rules committees shall keep minutes of their activities, which minutes shall reflect the action taken on each proposal prepare meeting agendas and minutes reflecting the status of rules proposals under consideration and actions taken . Copi es of the minutes shall be furnished to the clerk of the supreme court, to the board of governors of The Florida Bar, and to the proponent of any proposal considered at the meeting. Each rules committee shall furnish promptly and timely to every other rule s committee all meeting agendas and all minutes or other record of action taken.

(6) The Rules of Judicial Administration Committee shall also

serve as a the central rules coordinating committee. Each rules committee shall have at least 1 of its members ap pointed to the Rules of Judicial Administration Committee to serve as liaison. All committees shall provide a copy of any proposed rules changes to the Rules of Judicial Administration Committee within 30 days of a committee’s affirmative vote to recommend the proposed change to the supreme court. The Rules of Judicial Administration Committee shall then refer all proposed rules changes to those rules committees that might be affected by the proposed change.

( 7) [No Change ]

(b) Schedule for Regular

- Cycle Rules Proposals.

( 1) [No Change ]

(2) No later than June 15 of the year prior to each reporting year or such other date as the board of governors of The Florida Bar may set, each reporting committee shall submit all proposed rule changes to the board of
g overnors with the committee’s final numerical voting record on each proposal. Contemporaneously with reporting proposed rule changes to the board of governors, each committee report shall be furnished to the Speaker of the Florida House of Representatives, the President of the Florida Senate, and the chairs of the House and Senate committees as designated by the Speaker and the President, and published on the Internet website of The Florida Bar

, and in the Florida Bar Journal or The Florida Bar News News . An y person desiring to comment upon proposed rule changes shall submit written comments to the appropriate committee chair (s) no later than August 1 of the year prior to each reporting year. Each committee shall consider any comments submitted and thereafter report to the board of governors, no later than October 15 31 of the year prior to each reporting- 17

-

year, any revisions to the proposed rule changes. Contemporaneously with reporting any revisions to the board of governors, each committee’s revised proposed rule changes shall be furnished to the Speaker of the Florida House of Representatives, the President of the Florida Senate, and the chairs of the House and Senate committees as designated by the Speaker and the President, and published on the Internet web site of The Florida Bar

, and in the Florida Bar Journal or The Florida Bar News News . Any person desiring to comment thereafter shall submit written comments to the supreme court in accordance with subdivision (b)(6).

( 3) [No Change ]

(4) No later than Febru ary 1 of each reporting year, each committee and the executive director of The Florida Bar shall file a report of its proposed rule changes with the supreme court. Each committee may amend its recommendations to coincide with the recommendations of the boa rd of governors or may decline to do so or may amend its recommendations in another manner. Any such amendments shall also be reported to the supreme court. The report and proposed rule changes must conform to the Guidelines for Rules Submissions approved by administrative order and posted on the Internet websites of the supreme court and The Florida Bar. Consistent with the requirements that are fully set forth in the Guidelines, the report shall include:

(A) a list of the proposed changes, together with a detailed explanation of each proposal that includes a narrative description of how each amendment changes the language of the rule and a thorough discussion of the reason for each change;

(B) the final numerical voting record of the proposals in the commi ttee;

(C) the name and address of the proponent of each change, if other than a member of the rules committee;

(D) a report of the action taken by the committee on comments submitted in accordance with subdivision (b)(2);

(E) a report of the action and vot ing record of the board of
governors;- 18

- (F) any dissenting views of the committee and, if available, of the board; and

(G) an appendix containing all comments submitted to the committee, all relevant background documents, the proposed amendments in legislati ve format, and a two

- column chart setting forth the proposed changes in legislative format in the first left column and a brie f summary of the explanation of each change given in the report in the second right column.

The report and the proposed rule changes shall be filed with the supreme
court , in legislative format, both on paper and in an electronic format approved by the supreme court.

(5) If oral argument is deemed necessary, the supreme court shall establish a date during in the mo nth of May or June of each reporting year for oral argument on the proposals. Notice of the hearing oral argument on the proposals and a copy of the proposals shall be furnished to the affected committee chair (s) and vice chair (s) , the executive director an d staff liaison of The Florida Bar, all members of the Judicial Management Council, the clerk and chief judge of each district court of appeal, the clerk and chief judge of each judicial circuit, the Speaker of the Florida House of Representatives, the Pre sident of the Florida Senate, the chairs of the House and Senate committees as designated by the Speaker and the President, and any person who has asked in writing filed with the clerk of the supreme court for a copy of the notice. The clerk may provide th e notice electronically. If the committee modifies its recommendations after considering comments submitted in accordance with subdivision (b)(2), t T he recommendations or a resume of them shall be published on the Internet websites of the supreme court and The Florida Bar and in the Florida Bar Journal or The Florida Bar News News before the hearing oral argument or consideration of the proposals without oral argument . Notice of the hearing oral argument, if scheduled, shall also be published on the Internet w ebsite s of the supreme court and The Florida Bar and in the Florida Bar Journal or Florida Bar News

.

(6) Before the date of oral argument Within the time allowed for comments set by the supreme court , any person may file comments concerning the proposals. All comments and other submissions by interested persons shall be filed with the clerk of the supreme court and served on the chair (s) of the appropriate rules committee, the Bar staff liaison, and on the proponent of the rule change if other than a member of the rules committee. The chair (s) of the rules committee and the executive director of The Florida Bar shall file a response to all comments- 19

-

within the time period set by the court. All comments a nd other submissions regarding the rule change proposals , in addition to being filed with the supreme court in paper format, shall also be filed in an approved electronic format approved by with the supreme court. Prior to the date of oral argument and a A s soon as practicable after the date of filing, the clerk of the supreme court shall publish on the Internet website s of the supreme court and The Florida Bar all comments and the responses of the chair (s) of the rules committee that have been filed concerni ng the rule change proposals. All requests or submissions by a rules committee made in connection with a pending rule change proposal shall be filed with the clerk of the supreme court and thereafter published by the clerk of the supreme court on the Inter net websites of the supreme court and The Florida Bar.

(7) Orders of the supreme court on said Opinions adopting the proposals should be adopted issued in sufficient time for the rule changes to take effect on January 1 of the year following the reporting ye ar. The supreme court may permit motions for rehearing to be filed on behalf of any person who filed a
comment , The Florida Bar, any bar association, and the affected committee.

(c) Rejected Proposals. If a committee rejects a proposal, the proponent may submit the proposed rule to the board of governors and shall notify the chair (s) and vice chair (s) of the affected committee of the submission of the proposed rule to the board of governors. Minority re ports of committees are allowed and may be submitted to both the board of governors and the supreme
court.

(d) Emergency Amendments by Court. The supreme court, with or without notice, may change court rules at any time if an emergency exists that does
not permit reference to the appropriate committee of The Florida Bar for recommendations. The rule changes must conform to the Guidelines for Rules Submissions approved by administrative order and posted on the websites of the supreme court and The Florida Ba r

. If a change is made without reference to the committee, t T he change may become effective immediately or at a future time. In either event, the court shall give notice of and fix a date for further consideration of the change. Any person may file comments concerning the change, seeking its abrogation or a delay in the effective date, in accordance with the procedures set forth in subdivision (b)(6) of this rule . The court may allow oral argument in support of such comments by The Florida Bar, by its sections and committees, and by other bar associations. Notice of the hearing oral argument, if scheduled, on the change and a copy of the change shall be furnished to the affected c ommittee chair (s) and vice chair (s) , the executive director and staff liaison of The Florida- 20

-

Bar, all members of the Judicial Management Council, the clerk and chief judge of each district court of appeal, the clerk and chief judge of each judicial circuit , the Speaker of the Florida House of Representatives, the President of the Florida Senate, the chairs of the House and Senate committees as designated by the Speaker and the President, and any person who has asked in writing filed with the clerk of the su preme court for a copy of the notice. The clerk may provide the notice electronically. The Notice of the change shall be published on the Internet websites of the supreme court and The Florida Bar, and in the Florida Bar Journal

or The Florida Bar News News e ither before the hearing or after the change is adopted . Notice of the hearing oral argument, if scheduled, shall also be published on the Internet website s of the supreme court and The Florida Bar, and in the Florida Bar Journal or Florida Bar News

. (e) Out

- of

- Cycle Committee Proposals.

(1) Emergency Recommendations by Committee Proposals and Proposals in Response to Legislative Changes

. If, in the opinion of a committee, a proposal is of an emergency nature or a rule amendment is necessary due to changes in legislation

, and the board of governors concurs, proposals may be made at any time to the supreme court. The report and proposed rule changes may be filed without prior publication for comment and must conform to the Guidelines for Rules Submissions ap proved by administrative order and posted on the Internet websites of the supreme court and The Florida Bar. The rules committees’ fast

track procedures shall be used to address legislative changes to ensure that any resulting proposed rule amendments are filed with and can be adopted by the court before or soon after the effective date of the legislation. If the court agrees that an emergency exists or a rule change is necessary due to a legislative change , the court may publish the rule amendment for comm ent after adopting it or may set a time for oral argument and or for consideration of the proposal without oral argument . Notice of the hearing oral argument on the proposals , if scheduled before or after adoption, and a copy of the proposals shall be furnis hed to the affected committee chair (s) and vice chair (s) , the executive director and the staff liaison of The Florida Bar, all members of the Judicial Management Council, the clerk and chief judge of each district court of appeal, the clerk and chief judge of each judicial circuit, the Speaker of the Florida House of Representatives, the President of the Florida Senate, the chairs of the House and Senate committees as designated by the Speaker and the President, and any person who has asked in writing filed with the clerk of the supreme court for a copy of the notice. The clerk may provide the notice electronically. Prior to or after their adoption, T t he recommendations or a resume of them shall be published on the Internet websites of the supreme court- 21

-

and The Florida Bar, and in the Florida Bar Journal or The Florida Bar News News before the hearing

. Any person may file comments concerning the changes, in accordance with the procedures set forth in subdivision (b)(6). Notice of the hearing oral argument, i f scheduled, shall also be published on the Internet website s of the supreme court and The Florida Bar, and in the Florida Bar Journal or Florida Bar News

. (2) Non

- Emergency Out

- of

- Cycle Proposals. If, in the opinion of a committee, a proposal is not of an emergency nature, but is sufficiently necessary to the administration of justice that it should not wait until the next regular

- cycle submission, and the board of governors concurs, proposals may be made out

- of

cycle at any time to the supreme court. The report and proposed rule changes must conform to the Guidelines for Rules Submissions approved by administrative order and posted on the websites of the supreme court and The Florida Bar. Such out

- of

cycle submissions must be published in The Florida Bar N ews and posted on the website of The Florida Bar for comment, and such comment must be reviewed and addressed by the committee prior to the out

- of

- cycle rule submission to the board of governors to recommend acceptance, rejection, or amendment. If the supr eme court agrees that a proposal should be addressed before the next regular

- cycle report, the supreme court may set a time for oral argument or for consideration of the proposal without oral argument . Notice of the oral argument on the proposals

, if sched uled, and a copy of the proposals shall be furnished to the affected committee chair(s) and vice chair(s), the executive director and the staff liaison of The Florida Bar, all members of the Judicial Management Council, the clerk and chief judge of each distric t court of appeal, the clerk and chief judge of each judicial circuit, the Speaker of the Florida House of Representatives, the President of the Florida Senate, the chairs of the House and Senate committees as designated by the Speaker and the President, t he person who initially proposed the matter to the committee, and any person who has asked in writing filed with the clerk of the supreme court for a copy of the notice. The clerk may provide the notice electronically. The recommendations or a resume of th em shall be published on the websites of the supreme court and The Florida Bar, and in The Florida Bar News for comment before the oral argument or consideration of the proposals without oral argument. Any person may file comments concerning the proposals, in accordance with the procedures set forth in subdivision (b)(6). Notice of the oral argument, if scheduled, shall also be published on the website of the supreme
court.

(f) Request by Court. The supreme court may direct special consideration of a propo sal at times other than those specified in this rule and may- 22

-

require a committee to report its recommendation with the recommendations of the board of governors. All requests or submissions by a rules committee made in connection with a request under this subdivision shall be filed with or submitted to the clerk of the supreme court as provided in this subdivision

. The report and proposed rule changes must conform to the Guidelines for Rules Submissions approved by administrative order and posted on the Int ernet websites of the supreme court and The Florida Bar. The supreme court may set oral argument on the report at any time. Notice of the hearing on the proposals and a copy of the proposals shall be furnished to the affected committee chair and vice chair , the executive director of The Florida Bar, all members of the Judicial Management Council, the clerk and chief judge of each district court of appeal, the clerk and chief judge of each judicial circuit, the Speaker of the Florida House of Representatives , the President of the Florida Senate, the chairs of the House and Senate committees as designated by the Speaker and the President, and any person who has asked in writing filed with the clerk of the supreme court for a copy of the notice. The clerk may p rovide the notice electronically. The recommendations or a resume of them shall be published on the Internet websites of the supreme court and The Florida Bar, and in the Florida Bar Journal or Florida Bar News before the hearing. Notice of the hearing sha ll also be published on the Internet websites of the supreme court and The Florida Bar, and in the Florida Bar Journal or Florida Bar News.

(1) Recommended Rule Changes. A rule change recommended in response to a request under this subdivision shall be inc luded in the rules committee’s next regular

- cycle report filed under subdivision (b), unless the court directs or the committee determines and the board of governors agrees that the rule change should be submitted out of cycle. If the committee submits a r ecommended change out of cycle, the procedures for out

- of

- cycle rule proposals under subdivision (e) shall apply, except the report shall state that it is filed in response to a request by the court under this subdivision.

(2) No Action Recommendations. If the court refers a matter to a rules committee for consideration only and does not direct the committee to propose a rule change, and after considering the matter referred the committee d etermines that no rule change is warranted, the committee shall subm it a “no action report” to the court explaining its recommendation that no rule change is needed. A no action recommendation should not be included in a report proposing rule changes filed under any other subdivision of this rule. After the court considers the recommendation, the clerk shall notify the rules committee chair(s)- 23

-

and the executive director and the staff liaison of The Florida Bar whether any further action is required of the committee.

(g) Amendments to the Rules of Judicial Administration.

(1) Amendments Without Referral to Rules Committee. Changes to the Rules of Judicial Administration contained in Part II, State Court Administration, of these rules, and rules 2.310, and 2.320, cont ained in Part III, Judicial Officers, generally will be considered and adopted by the supreme court without reference to or proposal from the Rules of Judicial Administration Committee. The supreme court may amend rules under this subdivision at any time, with or without notice. If a change is made without notice, the court shall fix a date for future consideration of the change and the change shall be published on the Internet websites of the supreme court and The Florida Bar

, and in the Florida Bar Journa l or The Florida Bar News News . Any person may file comments concerning the change, in accordance with the procedures set forth in subdivision (b)(6 ) of this rule . The court may hear oral argument on the change. Notice of the hearing oral argument on the chan ge , if scheduled, and a copy of the change shall be provided in accordance with subdivision (d) of this rule

.

(2) Other Amendments. Amendments to all other Rules of Judicial Administration shall be referred to or proposed by the Rules of Judicial Administr ation Committee and adopted by the supreme court as provided in subdivisions (a), (b), (c), (d), (e), and (f) of this rule

. ( h) [No Change ]

Committee Notes

[No Change]

RULE 2.510. FOREIGN ATTORNEYS

(a) Eligibility. Upon filing a verified motion with the court, an attorney who is an active member in good standing of the bar of another state and currently eligible to practice law in a state other than Florida may be permitted to appear in particular cases in a Florida court upon such conditions as the court may deem appropriate, provided that a member of The Florida Bar in good standing is associated as an attorney of record. The foreign attorney must make application in- 24

-

each court in which a case is filed even if a lo wer tribunal granted a motion to appear in the same case. In determining whether to permit a foreign attorney to appear pursuant to this rule, the court may consider, among other things, information provided under subdivision (b)(3) concerning discipline i n other jurisdictions. No attorney is authorized to appear pursuant to this rule if the attorney (1) is a Florida resident, unless the attorney has an application pending for admission to The Florida Bar and has not previously been denied admission to The Florida Bar; (2) is a member of The Florida Bar but is ineligible to practice law; (3) has previously been disciplined or held in contempt by reason of misconduct committed while engaged in representation permitted pursuant to this rule provided, however, the contempt is final and has not been reversed or abated; (4) has failed to provide notice to The Florida Bar or pay the filing fee as required in subdivision (b)(7); or (5) is engaged in a “general practice” before Florida courts. For purposes of this ru le, more than 3 appearances within a 365

- day period in separate cases shall be presumed to be a “general practice.” Appearances at different levels of the court system in the same case shall be deemed 1 appearance for the purposes of determining whether a foreign attorney has made more than 3 appearances within a 365

- day period. In cases involving indigent or pro bono clients, the court may waive the filing fee for good cause shown. This rule shall not affect the eligibility of a foreign attorney to appear in a Florida court when authorized by federal law.

(b) [No Change]

IN THE _________ COURT OF THE __________ JUDICIAL CIRCUIT, IN AND FOR _______________, COUNTY, FLORIDA

Plaintiff Case No. ..........

vs. Division ..........

Defendant

VERIFIED MOTION FOR ADMISSION TO APPEAR PRO HAC VICE PURSUANT TO FLORIDA RULE OF JUDICIAL ADMINISTRATION 2.510- 25

-

Comes now

, Movant herein, and respectfully represents the following:

1. [ ] Movant resides in

, (City) (State)

Mo vant is not a resident of the State of Florida.

[ ] Movant is a resident of the State of Florida and has an application pending for admission to The Florida Bar and has not previously been denied admission to The Florida Bar.

2. Movant is an attorney and a member of the law firm of (or practices law under the name of) , with offices at

, , _________________, (Street Address) (City) (County)

, , (State) (Zip Code) (Telephone)

3. Movant has been retained pe rsonally or as a member of the above named law firm on by

(Date Representation Commenced) to provide legal representation in connection with (Name of Party or Parties)

the above

- styled matter now pending before the above

- named court of the State of Florida.

4. Movant is an active member in good standing and currently eligible to practice law in the following jurisdiction(s): Include attorney or bar number(s). (Attach an additional sheet if necessary.)

JURISDICTION ATTORNEY/BAR NUMBER- 26

-

5. There have been no disciplinary, suspension, disbarment, or contempt proceedings initiated against Movant in the preceding 5 years, except as provided below (give jurisdicti on of proceeding, date upon which proceeding was initiated, nature of alleged violation, statement of whether the proceeding has concluded or is still pending, and sanction, if any, imposed): (Attach an additional sheet if necessary.)

6. Movant, either by resignation, withdrawal, or otherwise, never has terminated or attempted to terminate Movant’s office as an attorney in order to avoid administrative, disciplinary, disbarment, or suspension proceedings.

7. Movant is not an inactive member of The Florida Bar.

8. Movant is not now a member of The Florida Bar.

9. Movant is not a suspended member of The Florida Bar.

10. Movant is not a disbarred member of The Florida Bar nor has Movant received a disciplinary resignation or disciplinary revocation from The Florida Bar.

11. Movant has not previously been disciplined or held in contempt by reason of misconduct committed while engaged in representation pursuant to Florida Rule of Judicial Administration 2.510, except as provided below (give date of disciplinary action or contempt, reasons therefor, and court imposing contempt): (Attach an additional sheet if necessary.)

12. Movant has filed motion(s) to appear as counsel in Florida state courts during the past five (5) years in the followin g matters: (Attach an additional sheet if necessary.)

Date of Motion Case Name Case Number Court Date Motion Granted/Denied- 27

-

13. Local counsel of record associated with Movant in this matter is who is an active member in good standing of The (Name and Florida Bar Number)

Florida Bar and has offices at

, , , (Street Address) (City) (County)

________________, , . (State) (Zip Code) (Telephone with area code)

(If local counsel is not an active member of The Florida Bar in good standing, please provide information as to local counsel’s membership status. ___________________________________)

14. Movant has read the applicable provisions of Florida Rule of Judicial Administration 2.510 and R ule 1

– 3.10 of the Rules Regulating The Florida Bar and certifies that this verified motion complies with those rules.

15. Movant agrees to comply with the provisions of the Florida Rules of Professional Conduct and consents to the jurisdiction of the court s and the Bar of the State of Florida.

WHEREFORE, Movant respectfully requests permission to appear in this court for this cause only.

DATED this ___________ day of ___________________, 20____.

Movant

Address

Address- 28

- City, State, Zip Code

Telep hone Number

E

- mail Address

STATE OF ______________________

COUNTY OF ______________________

I, ________________________________, do hereby swear or affirm under penalty of perjury that I am the Movant in the above

- styled matter; that I have read the fo regoing Motion and know the contents thereof, and the contents are true of my own knowledge and belief.

Movant I hereby consent to be associated as local counsel of record in this cause pursuant to Florida Rule of Judicial Administration 2.510.

DATED this ___________ day of __________________________, 20____.

Local Counsel of Record

Address

Address

City, State, Zip Code

Telephone Number

Florida Bar Number

E

- mail Address- 29

- CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correc t copy of the foregoing motion was served by mail to PHV Admissions, The Florida Bar, 651 East Jefferson Street, Tallahassee, Florida 32399

- 2333 accompanied by payment of the $250.00 filing fee made payable to The Florida Bar, or notice that the movant has requested a judicial waiver of said fee; and by (e

- mail) (delivery) (mail) (fax) to (name of attorney or party if not represented)

this ________ day of ______________________, 20____.

Movant

RULE 2.516. SERVICE OF PLEADINGS AND DOCUMENTS

(a) [No Change]

(b) Service; How Made. When service is required or permitted to be made upon a party represented by an attorney, service must be made upon the attorney unless service upon the party is ordered by the court.

(1) Service by Electronic Mail (“e

- mail”). All documents required or permitted to be served on another party must be served by e

- mail, unless the parties otherwise stipulate or this rule otherwise provides. A filer of an electronic document has complied with this subdivision if the Flor ida Courts e

filing Portal (“Portal”) or other authorized electronic filing system with a supreme court approved electronic service system (“e

- Service system”) served the document by e

- mail or provided a link by e

- mail to the document on a website maintain ed by a clerk (“e

- Service”). The filer of an electronic document must verify that the Portal or other e

- Service system uses the names and e

- mail addresses provided by the parties pursuant to subdivision (b)(1)(A).

(A) [No Change]- 30

- (B) Exception to E

- mail S ervice on Attorneys. Upon motion by an attorney demonstrating that the attorney has no e

- mail account and lacks access to the Internet at the attorney’s office, the court may excuse the attorney from the requirements of e

- mail service. Service on and by an attorney excused by the court from e

- mail service must be by the means provided in subdivision (b)(2) of this rule

.

(C) Service on and by Parties Not Represented by an Attorney. Any party not represented by an attorney may serve a designation of a primary e

- mail address and also may designate no more than two secondary e

- mail addresses to which service must be directed in that proceeding by the means provided in subdivision (b)(1) of this rule. If a party not represented by an attorney does not designate a n e

- mail address for service in a proceeding, service on and by that party must be by the means provided in subdivision (b)(2) of this rule

.

(D) [No Change]

(E) Format of E

- mail for Service. Service of a document by

e

- mail is made by an e

- mail sent to all addresses designated by the attorney or party with either (a) a copy of the document in PDF format attached or (b) a link to the document on a website maintained by a clerk.

(i) All documents served by e

- mail must be sent by an

e

- mail message containing a subject line beginning with the words “SERVICE OF COURT DOCUMENT” in all capital letters, followed by the case number and case style of the proceeding in which the documents are being served.

(ii)

– (iv) [No Change]

(2) Service by Other Means. In addition to, and not in lieu of, service by e

- mail, service may also be made upon attorneys by any of the means specified in this subdivision. If a document is served by more than one method of service, the computation of time for any response to the se rved document shall be based on the method of service that provides the shortest response time. Service on and by all parties who are not represented by an attorney and who do not designate

an e

- mail address, and on and by all attorneys excused from e

- mail service, must be made by delivering a copy of the document or by mailing it to the party or attorney at their last known address or, if no address is known, by leaving it with noting the non

- service in the certificate of service, and stating in the certif icate of service that a copy of the served document may be obtained, on request, from the- 31

-

clerk of the court or from the party serving the document . Service by mail is complete upon mailing. Delivery of a copy within this rule is complete upon:

(A)

– (F) [ No Change]

(c)

– (h) [No Change]