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Fla. R. Gen. Prac. & Jud. Admin. 2.260

Change of Venue

activein force · 2026-07-01 – presentact-effective-date

(a) Preliminary Procedures. Prior to entering an order to

change venue to a particular circuit in a criminal case or in any

other case in which change of venue will likely create an unusual

burden for the transferee circuit, the chief judge in the circuit in

which the case originated shall contact the chief judge in the circuit

to which the case is intended to be moved to determine the

receiving county’s ability to accommodate the change of venue. It is

the intent of this rule that the county identified to receive the case

shall do so unless the physical facilities or other resources in that

county are such that moving the case to that county would either

create an unsafe situation or adversely affect the operations of that

court. Any conflict between the circuits regarding a potential

change of venue shall be referred to the chief justice of the Florida

Supreme Court for resolution.

(b) Presiding Judge. The presiding judge from the

originating court shall accompany the change of venue case, unless

the originating and receiving courts agree otherwise.

(c) Reimbursement of Costs. As a general policy the county

in which an action originated shall reimburse the county receiving

the change of venue case for any ordinary expenditure and any

extraordinary but reasonable and necessary expenditure that would

not otherwise have been incurred by the receiving county. For

purposes of this section, ordinary expenditure, extraordinary

expenditure, and nonreimbursable expenditure are defined as

follows:

(1) Ordinary expenditures include:

(A) juror expenses not reimbursed by the State of

Florida;

(B) court reporter expenses, including

appearances by either official or freelance reporters, transcripts,

and other expenses associated with the creation of a court record;

(C) court interpreters;

(D) maintenance of evidence, including the cost of

handling, storing, or maintaining the evidence beyond the expenses

normally incurred by the receiving county;

(E) services and supplies purchased as a result of

the change of venue;

(F) overtime expenditures for regular court and

clerk staff attributable to the change of venue; and

(G) trial-related expenses, including conflict

attorney fees; all expert, law enforcement, or ordinary witness costs

and expenses; and investigator expenses.

(2) Extraordinary but reasonable and necessary

expenses include:

(A) security-related expenditures, including

overtime for security personnel;

(B) facility remodeling or renovation; and

(C) leasing or renting of space or equipment.

Except in emergencies or unless it is impracticable to do so, a

receiving county should give notice to the chief judge and clerk of

the county in which the action originated before incurring any

extraordinary expenditures.

(3) Nonreimbursable expenses include:

(A) normal operating expenses, including the

overhead of the receiving county; and

(B) equipment that is purchased and kept by the

receiving county that can be used for other purposes or cases.

(d) Documentation of Costs. No expenses shall be

submitted for reimbursement without supporting documentation,

such as a claim, invoice, bill, statement, or time sheet. Any required

court order or approval of costs shall also be sent to the originating

court.

(e) Timing of Reimbursement. Unless both counties agree

to other terms, reimbursement of all expenses by the originating

county shall be paid or disputed in writing on or before the sixtieth

day after the receipt of the claim for reimbursement. Payment of a

disputed amount shall be made on or before the sixtieth day after

the resolution of this dispute. Any amount subject to dispute shall

be expeditiously resolved by authorized representatives of the court

administrator’s office of the originating and receiving counties.

(f) Media Relations. Procedures to accommodate the media

shall be developed by the receiving county immediately upon notice

of the change of venue when the change of venue is reasonably

expected to generate an unusual amount of publicity. These

procedures must be approved by the chief judge of the receiving

circuit and implemented pursuant to administrative order by the

presiding judge. The presiding judge shall obtain the concurrence of

the chief judge before entering any orders that vary from or conflict

with existing administrative orders of the receiving circuit.

(g) Case File. The clerk of the circuit court in the originating

county shall forward the original case file to the clerk in the

receiving county. The receiving clerk shall maintain the file and

keep it secure until the trial has been concluded. During the trial,

any documents or exhibits that have been added shall be properly

marked and added to the file in a manner consistent with the policy

and procedures of the receiving county. After the conclusion of the

trial, the file shall be returned to the clerk in the county of origin.

Provenance

Source
floridabar.org
Retrieved
2026-09-14
Edition
2026-09-14
Content hash
03c2a69cf816924196fe6d757cccb2d4bd54a6079e2cc7a6c0807452f2b9093c
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