Fla. R. Gen. Prac. & Jud. Admin. 2.215

(a) Purpose. The purpose of this rule is to fix administrative

responsibility in the chief judges of the circuit courts and the other

judges that the chief judges may designate. When a rule refers to

“the court,” it applies to a judge of the court when the context

permits.

(b) Chief Judge.

(1) The chief judge is a circuit judge who possesses

managerial, administrative, and leadership abilities and is selected

without regard to seniority.

(2) The chief judge is the administrative officer of the

courts within the circuit and directs the formation and

implementation of policies and priorities for the operation of all

courts and officers within the circuit, consistent with branch-wide

policies. The chief judge has administrative supervision over all

judges and court personnel within the judicial circuit. The chief

judge is responsible to the chief justice of the supreme court. The

chief judge may enter and sign administrative orders, except as

otherwise provided by this rule. The chief judge has the authority to

require that all judges of the court, other court officers, and court

personnel comply with all court and judicial branch policies,

administrative orders, procedures, and administrative plans.

(3) The chief judge maintains liaison in all judicial

administrative matters with the chief justice of the supreme court,

and ensures the efficient and proper administration of all courts

within that circuit, considering available resources. The chief judge

must develop and file with the supreme court an administrative

plan that includes an administrative organization capable of

effecting the prompt disposition of cases; assignment of judges,

other court officers, and all other court personnel; control of

dockets; regulation and use of courtrooms; and mandatory periodic

review of the status of the inmates of the county jail. The plan must

be compatible with the development of the capabilities of the judges

so that each judge will be qualified to serve in any division, creating

a judicial pool from which judges may be assigned to various courts

throughout the state. The administrative plan must include a

consideration of the statistical data developed by the case reporting

system. Questions concerning the administration or management of

the courts of the circuit must be directed to the chief justice of the

supreme court through the state courts administrator.

(4) The chief judge assigns judges to the courts and

divisions and determines the length of each assignment. The chief

judge is authorized to order consolidation of cases and assign cases

to a judge or judges for the preparation of opinions, orders, or

judgments. All judges must 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 may 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. The assigned judges are

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 must assign the

case to a judge qualified under subdivision (b)(10) of this rule.

Nothing in this rule restricts the constitutional powers of the chief

justice of the supreme court to make assignments.

(5) The chief judge may designate a judge in any court

or court division of circuit or county courts as “administrative

judge” of any court or division to assist with the administrative

supervision of the court or division. To the extent practical, the

chief judge should assign only 1 administrative judge to supervise

the family court. The designee is responsible to the chief judge, has

the power and duty to carry out the responsibilities assigned by the

chief judge, and serves at the pleasure of the chief judge.

(6) The chief judge may require the attendance of

prosecutors, public defenders, clerks, bailiffs, and other officers of

the courts, and may require from the clerks of the courts, sheriffs,

or other officers of the courts periodic reports.

(7) The chief judge must regulate the use of all court

facilities, regularly examine the dockets of the courts under the

chief judge’s administrative supervision, and require a report on the

status of the matters on the dockets. The chief judge may take

action as necessary to make the dockets current. The chief judge

must monitor the status of all postconviction or collateral relief

proceedings for defendants who have been sentenced to death from

the time that the mandate affirming the death sentence has been

issued by the supreme court and take the necessary actions to

assure that the cases proceed without undue delay. On the first day

of every January, April, July, and October, the chief judge must

inform the chief justice of the supreme court of the status of these

cases.

(8) The chief judge or the chief judge’s designee must

regularly examine the status of every inmate of the county jail.

(9) The chief judge may authorize the clerks of courts

to maintain branch county court facilities to retain county court

permanent records of pending cases in the branch court facilities,

and to retain and destroy these records in the manner provided by

law.

(10) Assigning Capital Cases.

(A) The chief judge may not assign a judge to

preside over a capital case in which the state is seeking the death

penalty, or collateral proceedings brought by a death row inmate,

until that judge has become qualified to do so by:

(i) presiding a minimum of 6 months in a

felony criminal division or in a division that includes felony criminal

cases; and

(ii) successfully attending the “Handling

Capital Cases” course offered through the Florida Court Education

Council. A judge whose caseload includes felony criminal cases

must attend the “Handling Capital Cases” course as soon as

practicable, or at the direction of the chief judge.

(B) The chief justice may waive these requirements

in exceptional circumstances at the request of the chief judge.

(C) Following attendance at the “Handling Capital

Cases” course, a judge remains qualified to preside over a capital

case by attending a “Capital Case Refresher” course once during

each of the subsequent continuing judicial education reporting

periods. A judge who has attended the “Handling Capital Cases”

course and who has not taken the “Capital Case Refresher” course

within any subsequent continuing judicial education reporting

period must requalify to preside over a capital case by attending the

refresher course.

(D) The refresher course must be at least a 6-hour

course approved by the Florida Court Education Council containing

instruction on the penalty phase, jury selection, and proceedings

brought under Florida Rule of Criminal Procedure 3.851.

(11) The failure of any judge to comply with an order or

directive of the chief judge is considered neglect of duty and may be

reported by the chief judge to the chief justice who has the

authority to take any appropriate corrective action. The chief judge

may report the neglect of duty by a judge to the Judicial

Qualifications Commission or other appropriate person or body or

take other appropriate corrective action.

(12) At the call of the chief justice, the chief judges of the

circuit court and district courts of appeal must meet on a regular

basis 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. The meetings must occur

at least quarterly and be conducted in person, if practicable. At the

discretion of the chief justice, any of these meetings may be

combined with other judicial branch and leadership meetings.

(13) The chief judge must exercise reasonable efforts to

promote and encourage diversity in the administration of justice.

(c) Selection. The chief judge must be chosen by a majority

of the active circuit and county court judges within the circuit for a

term of 2 years commencing on July 1 of each odd-numbered year

or by the chief justice if there is no majority for a term of 2 years.

The election for chief judge must be held no sooner than February 1

of the year during which the chief judge’s term commences

beginning July 1. All elections for chief judge must be conducted as

follows:

(1) All ballots are secret.

(2) Any circuit or county judge may nominate a

candidate for chief judge.

(3) Proxy voting is not permitted.

(4) Any judge who will be absent from the election may

vote by secret absentee ballot obtained from and returned to the

Trial Court Administrator.

A chief judge may be removed as chief judge by the supreme court,

acting as the administrative supervisory body of all courts, or may

be removed by a two-thirds vote of the active judges. The purpose of

this rule is to fix a 2-year cycle for the selection of the chief judge in

each circuit. A chief judge may serve for successive terms but no

more than 8 years. A chief judge who is to be temporarily absent

must select an acting chief judge from among the circuit judges. If a

chief judge dies, retires, fails to appoint an acting chief judge during

an absence, or is unable to perform the duties of the office, the chief

justice must appoint a circuit judge to act as chief judge during the

absence or disability or until a successor chief judge is elected to

serve the unexpired term. When the office of chief judge is

temporarily vacant pending action within the scope of this

paragraph, the duties of court administration are performed by the

circuit judge having the longest continuous service as a judge or by

another circuit judge designated by that judge.

(d) Circuit Court Administrator. Each circuit court

administrator is selected or terminated by the chief judge subject to

concurrence by a majority vote of the circuit and county judges of

the respective circuits.

(e) Local Court Rules and Administrative Orders.

(1) Local court rules as defined in rule 2.120 may be

proposed by a chief judge after consulting other judges in the

circuit. The chief judge must notify any local bar association within

the circuit of the proposal, after which the chief judge must permit

any interested person to be heard orally or in writing on the

proposal before submitting it to the supreme court for approval.

When a proposed local court rule is submitted to the supreme court

for approval, the following procedure applies.

(A) Local court rule proposals must be submitted

by a chief judge to the clerk’s office in the supreme court.

(B) The clerk of the supreme court must submit

all local court rule proposals to the Supreme Court Local Rules

Advisory Committee within 20 days of receipt from the chief judge.

At the same time, the clerk of the supreme court must send copies

of the proposed rules to the committees of The Florida Bar impacted

by the local court rule along with a notice indicating a date when

comments must be filed. The Florida Bar committees, any

interested local bar associations, and any other interested person

must submit any comments or responses that they wish to make to

the Supreme Court Local Rules Advisory Committee by the time set

forth in the notice.

(C) The Supreme Court Local Rules Advisory

Committee must consider the proposals and any comments

submitted by interested parties. The committee must transmit its

recommendations to the supreme court concerning each proposal,

with the reasons for its recommendations, within 75 days after

receiving the proposal from the supreme court clerk.

(D) The supreme court may set a hearing on any

proposals or consider them on the recommendations and comments

as submitted. If a hearing is set, notice must be given to the chief

judge of the circuit from which the proposals originated, the

executive director of The Florida Bar, the chair of the Rules of

General Practice and Judicial Administration Committee of The

Florida Bar, any local bar associations, and any interested persons

who made comments on the specific proposals to be considered.

(E) A local court rule approved by the supreme

court becomes effective on the date set by that court.

(F) The chief judge of the circuit must publish

current local court rules on the circuit court’s website and make

copies of the current, vacated, or rescinded local court rules

available for inspection as a public record and provide to any

requesting party on payment of the cost of duplication. The clerk of

the supreme court must furnish copies of each approved local court

rule to The Florida Bar’s executive director.

(2) A challenge to an administrative order on the

ground that it is inconsistent with a constitution, court rules, local

court rules, or with administrative orders entered by the chief

justice of the supreme court must be made either by a petition for

an extraordinary writ or an objection before the trial court in a

pending case in which the administrative order applies.

(3) The chief judge of the circuit must publish current

administrative orders on the circuit court’s website and retain

copies of the current, vacated, or rescinded administrative orders to

be available for inspection as a public record and provided to any

requesting party on payment of the cost of duplication. The chief

judge must direct a review of all local administrative orders on an

annual basis to ensure that the set of copies maintained by the

clerk remains current and does not conflict with supreme court or

local court rules.

(4) All local court rules entered under this section must

be numbered sequentially for each respective judicial circuit.

(f) Individual and Divisional Practices and Procedures.

Every judge who establishes practices or procedures that apply only

when appearing before that specific judge must publish those

practices and procedures on the circuit’s website. Each division of

court that establishes practices and procedures that apply in that

division of court must publish those practices and procedures on

the circuit’s website. No judge or division may establish a practice

or procedure that requires attorneys or parties to communicate with

the court solely by written letter. Neither a division nor a judge may

establish practices or procedures that contradict established law or

rule of procedure. The chief judge of each circuit should establish

procedures to ensure compliance with the subdivision.

(g) Timely Rulings.

(1) Judge’s Duty. Every judge has a duty to enter

within a reasonable time an order or judgment on every matter

submitted to that judge. Each judge must maintain a log of matters

under advisement and inform the chief judge of the circuit at the

end of each calendar month of each matter that has been held

under advisement for more than 60 days.

(2) Notice of Pending Matter. A party may file with the

clerk a notice using form 2.604 that a matter has been held under

advisement or is ready for disposition and remains pending without

judicial action for more than 60 days. The party must serve a copy

of the notice on the presiding judge.

(h) Duty to Expedite Priority Cases. Every judge has a

duty to expedite priority cases to the extent reasonably possible.

Priority cases are those cases that have been assigned a priority

status or assigned an expedited disposition schedule by statute,

rule of procedure, case law, or otherwise. Particular attention must

be given to all juvenile dependency and termination of parental

rights cases, cases involving families and children in need of

services, challenges involving elections and proposed constitutional

amendments, and capital postconviction cases. The chief judge has

the discretion to create a postconviction division to handle capital

postconviction, as well as non-capital postconviction cases, and

may assign 1 or more judges to that division.

(i) Neglect of Duty. The failure of any judge, clerk,

prosecutor, public defender, attorney, court reporter, or other

officer of the court to comply with an order or directive of the chief

judge is considered neglect of duty and must be reported by the

chief judge to the chief justice of the supreme court. The chief

justice may report the neglect of duty by a judge to the Judicial

Qualifications Commission, and neglect of duty by other officials to

the governor of Florida or other appropriate person or body.

(j) Status Conference after Compilation of Record in

Death Case. In any proceeding in which a defendant has been

sentenced to death, the circuit judge assigned to the case must take

action necessary to ensure that a complete record on appeal has

been properly prepared. The judge must convene a status

conference with all counsel of record as soon as possible after the

record has been prepared under rule of appellate procedure

9.200(d) but before the record has been transmitted. The purpose of

the status conference is to ensure that the record is complete.