RULE 2.205. THE SUPREME COURT

(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.”