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) Suggestions for court rules, amendments to them,
or abrogation of them may be made by any person.

(2) Rule suggestions 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) The Florida Bar shall appoint the following
committees to consider rule proposals: Civil Procedure Rules
Committee, Criminal Procedure Rules Committee, Small Claims
Rules Committee, Traffic Court Rules Committee, Appellate Court
Rules Committee, Juvenile Court Rules Committee, Code and Rules
of Evidence Committee, Rules of General Practice and Judicial
Administration Committee, Probate Rules Committee, and Family
Law Rules Committee.

(4) Each committee shall be composed of attorneys and
judges with extensive experience and training in the committee’s
area of concentration. Members of the Rules of General Practice and
Judicial Administration Committee shall also have previous rules
committee experience or substantial experience in the
administration of the Florida court system. The chair of each rules
committee shall appoint one of its members to the Rules of General
Practice and Judicial Administration Committee to serve as a
regular member of the Rules of General Practice and Judicial
Administration Committee to facilitate and implement routine
periodic reporting by and to the Rules of General Practice and
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 each
rules committee shall serve for 3-year staggered terms, except
members appointed by a rules committee chair to the Rules of
General Practice and 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 rules committee to serve as chair(s) and vice chair(s) for each
successive year.

(5) The rules committees may originate proposals and
shall regularly review and reevaluate the rules to advance orderly
and inexpensive procedures for the administration of justice. The
committees shall consider and vote on each proposal. The rules
committees may accept or reject proposed amendments or may
amend proposals. The rules committees shall prepare meeting
agendas and minutes reflecting the status of rules proposals under
consideration and actions taken. Copies 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 rules committee all meeting
agendas and all minutes or other record of action taken.

(6) The Rules of General Practice and Judicial
Administration Committee shall serve as the central rules
coordinating committee. All committees shall provide a copy of any
proposed rules changes to the Rules of General Practice and
Judicial Administration Committee within 30 days of a committee’s
affirmative vote to recommend the proposed change to the supreme
court. The Rules of General Practice and Judicial Administration
Committee shall then refer all proposed rules changes to those
rules committees that might be affected by the proposed change.
(7) Whenever the Rules of General Practice and Judicial
Administration Committee receives a request to coordinate the
submission of a single comprehensive report of proposed rule
amendments on behalf of multiple rules committees, the general
procedure shall be as follows:

(A) The subcommittee chairs handling the matter
for each committee will constitute an ad hoc committee to discuss
the various committees’ recommendations and to formulate time
frames for the joint response. The chair of the ad hoc committee will
be the assigned Rules of General Practice and Judicial
Administration Committee subcommittee chair.

(B) At the conclusion of the work of the ad hoc
committee, a proposed joint response will be prepared by the ad hoc
committee and distributed to the committee chairs for each
committee’s review and final comments.

(C) The Rules of General Practice and Judicial
Administration Committee shall be responsible for filing the
comprehensive final report.

(b) Rules Proposals.

(1) Each rules committee may report proposed rule
changes to the supreme court whenever the committee determines
rules changes are needed.

(2) Before filing a report of proposed rule changes with
the supreme court, the 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
The Florida Bar Board of Governors. The proposed rule changes
must be published on the website of The Florida Bar. The proposed
rule changes may also be published in the print edition of The
Florida Bar News with the same deadline for comment submission
as the website publication. Any person desiring to comment upon
proposed rule changes may submit written comments to the
appropriate committee chair(s) as provided in the notice. The
committee shall consider any comments submitted. Any changes
made 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 The Florida Bar Board of Governors. The
changes must be published on the website of The Florida Bar. The
proposed rule changes may also be published in the print edition of
The Florida Bar News with the same deadline for comment
submission as the website publication. Any person desiring to
comment thereafter shall submit written comments to the supreme
court in accordance with subdivision (b)(6).

(3) The committee and the executive director of The
Florida Bar will file the report of the proposed rule changes with the
supreme court. The committee must provide The Florida Bar Board
of Governors with a copy of the report on its filing with 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. 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 committee;

(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) any dissenting views of the committee; and

(F) an appendix containing all comments
submitted to the committee, all relevant background documents,
the proposed amendments in legislative format, and a two-column
chart setting forth the proposed changes in legislative format in the
left column and a brief summary of the explanation of each change
given in the report in the right column.

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

(4) If oral argument is deemed necessary, the supreme
court shall establish a date for oral argument on the proposals.
Notice of the 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 and 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. The recommendations or
a resume of them shall be published on the websites of the supreme
court and The Florida Bar and in The Florida Bar News before the
oral argument or consideration of the proposals without oral
argument. Notice of the oral argument, if scheduled, shall also be
published on the website of the supreme court.

(5) 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 within the time period set by the court. All comments
and other submissions regarding the rule change proposals shall be
filed in an approved electronic format with the supreme court. As
soon as practicable after the date of filing, the clerk of the supreme
court shall publish on the website of the supreme court all
comments and the responses of the chair(s) of the rules committee
that have been filed concerning the 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 websites of the supreme court and The Florida Bar.

(6) Rules changes adopted by the court shall be made
effective either July 1 of the year of their adoption or January 1 of
the year following their adoption or on such other date as may be
requested by the committee or set by the court. 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) Minority Reports. Minority reports of committees are
allowed and may be submitted to the supreme court.

(d) Amendments by Court. The supreme court, with or
without notice, may change court rules, on its own motion, at any
time without reference to a rules committee for recommendations.
The rule changes must conform to the Rules Style Guide contained
in the Guidelines for Rules Submissions approved by administrative
order and posted on the websites of the supreme court and The
Florida Bar. The 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)(5). The court may allow oral argument on the
proposal or change. Notice of the oral argument, if scheduled, on
the change and a copy of the change shall be furnished to the
affected committee chair(s) and vice chair(s), the executive director
and 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. Notice of the change shall be published on the
websites of the supreme court and The Florida Bar, and in The
Florida Bar News either before or after the change is adopted.
Notice of the oral argument, if scheduled, shall also be published on
the website of the supreme court.

(e) Expedited Proposals and Proposals in Response to
Legislative Changes by Rules Committees. If, in the opinion of a
committee, a proposal warrants expedited consideration or a rule
amendment is necessary due to changes in legislation, proposals
may be made to the supreme court using the committee’s fast-track
procedures. The report and proposed rule changes may be filed
without prior publication for comment and 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. The rules committees’ fast-track procedures shall be used to
address legislative changes to ensure that ordinarily any resulting
proposed rule amendments can be adopted by the court before the
effective date of the legislation. If the court agrees that a proposal
warrants expedited consideration or a rule change is necessary due
to a legislative change, the court may publish the rule amendment
for comment after adopting it or 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 scheduled before or after
adoption, 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 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, the recommendations
or a resume of them shall be published on the websites of the
supreme court and The Florida Bar, and in The Florida Bar News.
Any person may file comments concerning the changes, 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 refer a
specific rules proposal or issue to a rules committee for
consideration and may require the committee to report its
recommendation. 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.

(1) Recommended Rule Changes. A rule change
recommended in response to a request under this subdivision shall
be reported to the supreme court in accordance with subdivision
(b), unless the court directs or the committee determines that a
proposed rule change warrants expedited consideration. If a
recommended change warrants expedited consideration, the
subdivision (e) procedures shall apply. A report filed under this
subdivision 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 determines that no
rule change is warranted, the committee shall submit a “no action
report” to the clerk of the supreme 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) 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 General Practice and
Judicial Administration.

(1) Amendments Without Referral to Rules Committee.
Changes to the Rules of General Practice and Judicial
Administration contained in Part II, State Court Administration, of
these rules, and rules 2.310, and 2.320, contained in Part III,
Judicial Officers, generally will be considered and adopted by the
supreme court without reference to or proposal from the Rules of
General Practice and 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 websites of the supreme court and
The Florida Bar, and in The Florida Bar News. Any person may file
comments concerning the change, in accordance with the
procedures set forth in subdivision (b)(5). The court may hear oral
argument on the change. Notice of the oral argument on the
change, if scheduled, and a copy of the change shall be provided in
accordance with subdivision (d).

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

(h) Local Rules Proposed by Trial Courts. The foregoing
procedure shall not apply to local rules proposed by a majority of
circuit and county judges in the circuit. The chief justice of the
supreme court may appoint a Local Rule Advisory Committee to
consider and make recommendations to the court concerning local
rules and administrative orders submitted pursuant to rule
2.215(e).

Committee Notes

1980 Amendment. Rule 2.130 [renumbered as 2.140 in 2006]
is entirely rewritten to codify the procedures for changes to all
Florida rules of procedure as set forth by this court in In re Rules of
Court: Procedure for Consideration of Proposals Concerning Practice
and Procedure, 276 So.2d 467 (Fla.1972), and to update those
procedures based on current practice. The Supreme Court Rules
Advisory Committee has been abolished, and the Local Rules
advisory committee has been established.