Fla. R. Gen. Prac. & Jud. Admin. 2.330

(a) Application. This rule applies only to county and circuit

judges in all matters in all divisions of court when acting alone as

the sole judicial officer in a trial or appellate proceeding. It does not

apply to justices, appellate-level judges, or county and circuit

judges sitting on a multi-judge appellate panel.

(b) Parties. Any party, including the state, may move to

disqualify the judge assigned to the case on grounds provided by

rule, statute, Code of Judicial Conduct, or general law, and in

accordance with the procedural provisions of this rule.

(c) Motion. A motion to disqualify shall:

(1) be in writing;

(2) allege specifically the facts and reasons upon which

the movant relies as the grounds for disqualification, and identify

the precise date when the facts constituting the grounds for the

motion were discovered by the party or the party’s counsel,

whichever is earlier;

(3) be sworn to or affirmed by the party by signing the

motion or by attaching a separate affidavit;

(4) include the dates of all previously granted motions

to disqualify filed under this rule in the case and the dates of the

orders granting those motions; and

(5) include a separate certification by the attorney for

the party, if any, that the motion and the client’s statements are

made in good faith.

(d) Service. In addition to filing with the clerk, the movant

shall promptly serve a copy of the motion on the subject judge as

set forth in rule 2.516.

(e) Grounds. A motion to disqualify shall set forth all specific

and material facts upon which the judge’s impartiality might

reasonably be questioned, including but not limited to the following

circumstances:

(1) the party reasonably fears that he or she will not

receive a fair trial or hearing because of specifically described

prejudice or bias of the judge; or

(2) the judge, the judge’s spouse or domestic partner,

or a person within the third degree of relationship to either of them,

or the spouse of domestic partner of such a person:

(A) has more than a de minimis economic interest

in the subject matter in controversy or is a party to the proceeding,

or an officer, director, or trustee of a party;

(B) is acting as a lawyer in the proceeding;

(C) has more than a de minimis interest that could

be substantially affected by the proceeding; or

(D) is likely to be a material witness or expert in

the proceeding.

(3) The judge served as a lawyer or was the lower court

judge in the matter in controversy, or a lawyer with whom the judge

previously practiced law served during such association as a lawyer

concerning the matter; or

(4) The judge has prior personal knowledge of or bias

regarding disputed evidentiary facts concerning the proceeding.

(f) Prohibition against Creation of Grounds for

Disqualification Based Upon Appearance of Substitute or

Additional Counsel. Upon the addition of new substitute counsel

or additional counsel in a case, the party represented by such newly

appearing counsel is prohibited from filing a motion for

disqualification of the judge based upon the new attorney’s

involvement in the case. This subdivision shall not apply, however,

to a motion to disqualify a successor judge who was not the

presiding judge at the time of the new attorney’s first appearance in

the case.

(g) Time. A motion to disqualify shall be filed within a

reasonable time not to exceed 20 days after discovery by the party

or party’s counsel, whichever is earlier, of the facts constituting the

grounds for the motion. The motion shall be promptly served on the

subject judge as set forth in subdivision (d). Any motion for

disqualification made during a hearing or trial must be based on

facts discovered during the hearing or trial and may be stated on

the record, provided that it is also promptly reduced to writing in

compliance with subdivision (c)(1) and promptly filed. A motion

made during hearing or trial shall be ruled on immediately.

(h) Determination — Initial Motion. The judge against

whom an initial motion to disqualify under subdivision (e) is

directed may determine only the legal sufficiency of the motion and

shall not pass on the truth of the facts alleged. If any motion is

legally insufficient, an order denying the motion shall immediately

be entered. No other reason for denial shall be stated, and an order

of denial shall not take issue with the motion. If the motion is

legally sufficient, the judge shall immediately enter an order

granting disqualification and proceed no further in the action. Such

an order does not constitute acknowledgement that the allegations

are true.

(i) Determination — Successive Motions. If a judge has

been previously disqualified on motion for alleged prejudice or

partiality under subdivision (e), a successor judge cannot be

disqualified based on a successive motion by the same party unless

the successor judge rules that he or she is in fact not fair or

impartial in the case. Such a successor judge may rule on the truth

of the facts alleged in support of the motion.

(j) Prior Rulings. Prior factual or legal rulings by a

disqualified judge may be reconsidered and vacated or amended by

a successor judge based upon a motion for reconsideration, which

must be filed within 30 days of the order of disqualification, unless

good cause is shown for a delay in moving for reconsideration or

other grounds for reconsideration exist.

(k) Recusal Upon Judge’s Initiative. Nothing in this rule

limits the judge’s authority to enter an order of recusal.

(l) Time for Determination. The judge against whom the

motion for disqualification has been filed shall take action on the

motion immediately, but no later than 30 days after the service of

the motion as set forth in subdivision (d). If the motion is not denied

within 30 days of service, the motion is deemed granted and the

moving party may seek an order from the court directing the clerk

to reassign the case.