Fla. R. Gen. Prac. & Jud. Admin. 2.205

(a) Internal Government.

(1) Exercise of Powers and Jurisdiction.

(A) The supreme court shall exercise its powers,

including establishing policy for the judicial branch, and

jurisdiction en banc. Five justices shall constitute a quorum and

the concurrence of 4 shall be necessary to a decision. In cases

requiring only a panel of 5, if 4 of the 5 justices who consider the

case do not concur, it shall be submitted to the other 2 justices.

(B) Consistent with the authority of the supreme

court to establish policy, including recommending state budget and

compensation priorities for the judicial branch, no judge, supreme

court created committee, commission, task force, or similar group,

and no conference (Conference of District Court of Appeal Judges,

Conference of Circuit Court Judges, Conference of County Court

Judges) is permitted to recommend to any legislative or executive

branch entity state budget priorities, including compensation and

benefits that have not been approved by the supreme court, or any

policy inconsistent with a policy adopted by the supreme court. This

subdivision is not intended to apply to judges expressing their

personal views who affirmatively state that they are not speaking on

behalf of the judicial branch. No resources of any judicial branch

entity may be used to facilitate or support the expression of such

personal views.

(C) Newly created judicial branch commissions,

committees, task forces, work groups, and similar study or advisory

groups must be established by the supreme court, not solely by the

chief justice. Such study or advisory groups may be created and

charged by rule adopted by the court, or by administrative order

issued by the chief justice in accordance with court action.

Members of such groups shall be appointed by administrative order

of the chief justice, after consultation with the court. When

practicable, ad hoc committees and other ad hoc study or advisory

groups, which should be used to address specific problems, shall be

established under the umbrella of an existing committee or

commission, which should be used to address long-term problems.

(2) Chief Justice.

(A) The chief justice shall be chosen by majority

vote of the justices for a term of 2 years commencing on July 1,

2012. The selection of the chief justice should be based on

managerial, administrative, and leadership abilities, without regard

to seniority only. A chief justice may serve successive terms limited

to a total of 8 years. The chief justice may be removed by a vote of 4

justices. If a vacancy occurs, a successor shall be chosen promptly

to serve the balance of the unexpired term.

(B) The chief justice shall be the administrative

officer of the judicial branch and of the supreme court and shall be

responsible for the dispatch of the business of the branch and of

the court and direct the implementation of policies and priorities as

determined by the supreme court for the operation of the branch

and of the court. The administrative powers and duties of the chief

justice shall include, but not be limited to:

(i) the responsibility to serve as the primary

spokesperson for the judicial branch regarding policies and

practices that have statewide impact including, but not limited to,

the judicial branch’s management, operation, strategic plan,

legislative agenda and budget priorities;

(ii) the power to act on requests for stays

during the pendency of proceedings, to order the consolidation of

cases, to determine all procedural motions and petitions relating to

the time for filing and size of briefs and other papers provided for

under the rules of this court, to advance or continue cases, and to

rule on other procedural matters relating to any proceeding or

process in the court;

(iii) the power to assign active or retired

county, circuit, or appellate judges or justices to judicial service in

this state, in accordance with subdivisions (a)(3) and (a)(4) of this

rule;

(iv) the power, upon request of the chief

judge of any circuit or district, or sua sponte, in the event of natural

disaster, civil disobedience, or other emergency situation requiring

the closure of courts or other circumstances inhibiting the ability of

litigants to comply with deadlines imposed by rules of procedure

applicable in the courts of this state, to enter such order or orders

as may be appropriate to suspend, toll, or otherwise grant relief

from time deadlines imposed by otherwise applicable statutes and

rules of procedure for such period as may be appropriate, including,

without limitation, those affecting speedy trial procedures in

criminal and juvenile proceedings, all civil process and proceedings,

and all appellate time limitations;

(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 court participants, to enter such

order or orders as may be appropriate; 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;

(vi) the authority to directly inform all judges

on a regular basis by any means, including, but not limited to,

email on the state of the judiciary, the state of the budget, issues of

importance, priorities and other matters of stateside interest;

furthermore, the chief justice shall routinely communicate with the

chief judges and leaders of the district courts, circuit and county

court conferences by the appropriate means;

(vii) the responsibility to exercise reasonable

efforts to promote and encourage diversity in the administration of

justice; and

(viii) the power to perform such other

administrative duties as may be required and which are not

otherwise provided for by law or rule.

(C) The chief justice shall be notified by all justices

of any contemplated absences from the court and the reasons

therefor. When the chief justice is to be temporarily absent, the

chief justice shall select the justice longest in continuous service as

acting chief justice.

(D) If the chief justice dies, retires, or is unable to

perform the duties of the office, the justice longest in continuous

service shall perform the duties during the period of incapacity or

until a successor chief justice is elected.

(E) The chief justice shall meet on a regular basis

with the chief judges of the district courts and the chief judges of

the circuit courts to discuss and provide feedback for

implementation of policies and practices that have statewide impact

including, but not limited to, the judicial branch’s management,

operation, strategic plan, legislative agenda and budget priorities.

Such meetings shall, if practicable, occur at least quarterly and be

conducted in-person. At the discretion of the chief justice, any of

these meetings may be combined with other judicial branch and

leadership meetings and, where practicable include the justices of

the supreme court.

(3) Administration.

(A) The chief justice may, either upon request or

when otherwise necessary for the prompt dispatch of business in

the courts of this state, temporarily assign justices of the supreme

court, judges of district courts of appeal, circuit judges, and judges

of county courts to any court for which they are qualified to serve.

Any consenting retired justice or judge may be assigned to judicial

service and receive compensation as provided by law.

(B) For the purpose of judicial administration, a

“retired judge” is defined as a judge not engaged in the practice of

law who has been a judicial officer of this state. A retired judge shall

comply with all requirements that the supreme court deems

necessary relating to the recall of retired judges.

(C) When a judge who is eligible to draw

retirement compensation has entered the private practice of law,

the judge may be eligible for recall to judicial service upon cessation

of the private practice of law and approval of the judge’s application

to the court. The application shall state the period of time the judge

has not engaged in the practice of law, and must be approved by

the court before the judge shall be eligible for recall to judicial

service.

(D) A “senior judge” is a retired judge who is

eligible to serve on assignment to temporary judicial duty.

(4) Assignments of Justices and Judges.

(A) When a justice of the supreme court is unable

to perform the duties of office, or when necessary for the prompt

dispatch of the business of the court, the chief justice may assign to

the court any judge who is qualified to serve, for such time as the

chief justice may direct. However, no retired justice who is eligible

to serve on assignment to temporary judicial duty or other judge

who is qualified to serve may be assigned to the supreme court, or

continue in such assignment, after 7 sitting duly sworn justices are

available and able to perform the duties of office.

(B) When a judge of any district court of appeal is

unable to perform the duties of office, or when necessary for the

prompt dispatch of the business of the court, the chief judge shall

advise the chief justice and the chief justice may assign to the court

any judge who is qualified to serve, for such time or such

proceedings as the chief justice may direct.

(C) When any circuit or county judge is unable to

perform the duties of office, or when necessary for the prompt

dispatch of the business of the court, the chief judge of the circuit

may assign any judge in the circuit to temporary service for which

the judge is qualified, in accordance with rule 2.215. If the chief

judge deems it necessary, the chief judge may request the chief

justice to assign a judge to the court for such time or such

proceedings as the chief justice may direct.

(b) Clerk.

(1) Appointment. The supreme court shall appoint a

clerk who shall hold office at the pleasure of the court and perform

such duties as the court directs. The clerk’s compensation shall be

fixed by law. The clerk’s office shall be in the supreme court

building. The clerk shall devote full time to the duties of the office

and shall not engage in the practice of law while in office.

(2) Custody of Records, Files, and Seal. All court

records and the seal of the court shall be kept in the office and the

custody of the clerk. The clerk shall not allow any court record to be

taken from the clerk’s office or the courtroom, except by a justice of

the court or upon the order of the court.

(3) Records of Proceedings. The clerk shall keep such

records as the court may from time to time order or direct. The

clerk shall keep a docket or equivalent electronic record of all cases

that are brought for review to, or that originate in, the court. Each

case shall be numbered in the order in which the notice, petition, or

other initial pleading originating the cause is filed in the court.

(4) Filing Fee. In all cases filed in the court, the clerk

shall require the payment of a fee as provided by law when the

notice, petition, or other initial pleading is filed. The payment shall

not be exacted in advance in appeals in which a party has been

adjudicated insolvent for the purpose of an appeal or in appeals in

which the state is the real party in interest as the moving party. The

payment of the fee shall not be required in habeas corpus

proceedings, or appeals therefrom, arising out of or in connection

with criminal actions.

(5) Issuance and Recall of Mandate; Recordation and

Notification. The clerk shall issue such mandates or process as may

be directed by the court. If, within 120 days after a mandate has

been issued, the court directs that a mandate be recalled, then the

clerk shall recall the mandate. Upon the issuance or recall of any

mandate, the clerk shall record the issuance or recall in a book or

equivalent electronic record kept for that purpose, in which the date

of issuance or date of recall and the manner of transmittal of the

process shall be noted. In proceedings in which no mandate is

issued, upon final adjudication of the pending cause the clerk shall

transmit to the party affected thereby a copy of the court’s order or

judgment. The clerk shall notify the attorneys of record of the

issuance of any mandate, the recall of any mandate, or the

rendition of any final judgment. The clerk shall furnish without

charge to all attorneys of record in any cause a copy of any order or

written opinion rendered in such action.

(6) Return of Original Papers. Upon the conclusion of

any proceeding in the supreme court, the clerk shall return to the

clerk of the lower court the original papers or files transmitted to

the court for use in the cause.

(c) Librarian.

(1) Appointment. The supreme court shall appoint a

librarian of the supreme court and such assistants as may be

necessary. The supreme court library shall be in the custody of the

librarian, but under the exclusive control of the court. The library

shall be open to members of the bar of the supreme court, to

members of the legislature, to law officers of the executive or other

departments of the state, and to such other persons as may be

allowed to use the library by special permission of the court.

(2) Library Hours. The library shall be open during

such times as the reasonable needs of the bar require and shall be

governed by regulations made by the librarian with the approval of

the court.

(3) Books. Books shall not be removed from the library

except for use by, or upon order of, any justice.

(d) Marshal.

(1) Appointment. The supreme court shall appoint a

marshal who shall hold office at the pleasure of the court and

perform such duties as the court directs. The marshal’s

compensation shall be fixed by law.

(2) Duties. The marshal shall have power to execute

process of the court throughout the state and such other powers as

may be conferred by law. The marshal may deputize the sheriff or a

deputy sheriff in any county to execute process of the court and

shall perform such clerical or ministerial duties as the court may

direct or as required by law. Subject to the direction of the court,

the marshal shall be custodian of the supreme court building and

grounds.

(e) State Courts Administrator.

(1) Appointment. The supreme court shall appoint a

state courts administrator who shall serve at the pleasure of the

court and perform such duties as the court directs. The state courts

administrator’s compensation shall be fixed by law.

(2) Duties. The state courts administrator shall

supervise the administrative office of the Florida courts, which shall

be maintained at such place as directed by the supreme court; shall

employ such other personnel as the court deems necessary to aid in

the administration of the state courts system; shall represent the

state courts system before the legislature and other bodies with

respect to matters affecting the state courts system and functions

related to and serving the system; shall supervise the preparation

and submission to the supreme court, for review and approval, of a

tentative budget request for the state courts system and shall

appear before the legislature in accordance with the court’s

directions in support of the final budget request on behalf of the

system; shall inform the judiciary of the state courts system’s final

budget request and any proposed substantive law changes

approved by the supreme court; shall assist in the preparation of

educational and training materials for the state courts system and

related personnel, and shall coordinate or assist in the conduct of

educational and training sessions for such personnel; shall assist

all courts in the development of improvements in the system, and

submit to the chief justice and the court appropriate

recommendations to improve the state courts system; and shall

collect and compile uniform financial and other statistical data or

information reflective of the cost, workloads, business, and other

functions related to the state courts system. The state courts

administrator is the custodian of all records in the administrator’s

office.

(f) Open Sessions. All sessions of the court shall be open to

the public, except proceedings designated as confidential by the

court and conference sessions held for the discussion and

consideration of pending cases, for the formulation of opinions by

the court, and for the discussion or resolution of other matters

related to the administration of the state courts system.

(g) Designation of Assigned Judges. When any judge of

another court is assigned for temporary service on the supreme

court, that judge shall be designated, as author or participant, by

name and initials followed by the words “Associate Justice.”