Florida Judicial Administration Rule 2.210
RULE 2.210. DISTRICT COURTS OF APPEAL
(a) Internal Government.
(1) Exercise of Powers and Jurisdiction. Three judges
shall constitute a panel for and shall consider each case, and the
concurrence of a majority of the panel shall be necessary to a
decision.
(2) Chief Judge.
(A) The selection of a chief judge should be based
on managerial, administrative, and leadership abilities, without
regard to seniority only.
(B) The chief judge shall be the administrative
officer of the court, and shall, consistent with branch-wide policies,
direct the formation and implementation of policies and priorities
for the operation of the court. The chief judge shall exercise
administrative supervision over all judges and court personnel. The
chief judge shall be responsible to the chief justice of the supreme
court. The chief judge may enter and sign administrative orders.
The administrative powers and duties of the chief judge include, but
are not limited to, the power to order consolidation of cases, and to
assign cases to the judges for the preparation of opinions, orders, or
judgments. The chief judge shall have the authority to require all
judges of the court, court officers and court personnel, to comply
with all court and judicial branch policies, administrative orders,
procedures, and administrative plans.
(C) The chief judge shall maintain liaison in all
judicial administrative matters with the chief justice of the supreme
court, and shall, considering available resources, ensure the
efficient and proper administration of the court. The chief judge
shall develop an administrative plan that shall include an
administrative organization capable of effecting the prompt
disposition of cases, the assignment of judges, other court officers,
and court personnel, and the control of dockets. The administrative
plan shall include a consideration of the statistical data developed
by the case reporting system.
(D) All judges shall 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 matter pending
before the judge to any other judge or any additional assigned judge
of the same court. If it appears to the chief judge that the speedy,
efficient, and proper administration of justice so requires, the chief
judge shall request the chief justice of the supreme court to assign
temporarily an additional judge or judges from outside the court to
duty in the court requiring assistance, and shall advise the chief
justice whether or not the approval of the chief judge of the court
from which the assignment is to be made has been obtained. The
assigned judges shall be subject to administrative supervision of the
chief judge for all purposes of this rule. Nothing in this rule shall
restrict the constitutional powers of the chief justice of the supreme
court to make such assignments as the chief justice shall deem
appropriate.
(E) The chief judge shall 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 docket. The chief judge may take
such action as may be necessary to cause the docket to be made
current.
(F) The chief judge shall be chosen by a majority
of the active judges of the court for a term commencing on July 1 of
each odd-numbered year, and shall serve for a term of 2 years. A
chief judge may serve for successive terms but in no event shall the
total term as chief judge exceed 8 years. In the event of a vacancy, a
successor shall be chosen promptly to serve the balance of the
unexpired term. If the chief judge is unable to discharge these
duties, the judge longest in continuous service or, as between
judges with equal continuous service, the one having the longest
unexpired term and able to do so, shall perform the duties of chief
judge pending the chief judge’s return to duty. Judges shall notify
the chief judge of any contemplated absence from the court and the
reasons therefor. A chief judge may be removed as chief judge by
the supreme court, acting as the administrative supervisory body of
all courts, or by a two-thirds vote of the active judges.
(G) The failure of any judge to comply with an
order or directive of the chief judge shall be considered neglect of
duty and may be reported by the chief judge to the chief justice of
the supreme court who shall have the authority to take such
corrective action as may be appropriate. 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 such
other corrective action as may be appropriate.
(H) At the call of the chief justice, the chief judges
of the circuit court and district courts of appeal shall meet on a
regular basis and with each other and with the chief justice 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.
(I) The chief judge shall have the responsibility to
exercise reasonable efforts to promote and encourage diversity in
the administration of justice.
(b) Clerk.
(1) Appointment. The 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 headquarters of the court.
The clerk’s time shall be devoted to the duties of the office and the
clerk shall not engage in the private practice of law while serving as
clerk. 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 judge of the court or upon order of the court.
(2) 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 that the notice, petition, or
other initial pleading originating the proceeding is filed in the court.
(3) Filing Fee. In all cases filed in the court, the clerk
shall require the payment of a fee as provided by law at the time 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.
(4) 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. If the court directs that a mandate
record shall be maintained, then 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 shall be
noted the date of issuance or the date of recall and the manner of
transmittal of the process. 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.
(5) Return of Original Papers. The clerk shall retain all
original papers, files, and exhibits transmitted to the court for a
period of not less than 30 days after rendition of the opinion or
order denying any motion pursuant to Florida Rule of Appellate
Procedure 9.330, whichever is later. If no discretionary review
proceeding or appeal has been timely commenced in the supreme
court to review the court’s decision within 30 days, the clerk shall
transmit to the clerk of the trial court the original papers, files, and
exhibits. If a discretionary review proceeding or appeal has been
timely commenced in the supreme court to review the court’s
decision, the original papers, files, and exhibits shall be retained by
the clerk until transmitted to the supreme court or, if not so
transmitted, until final disposition by the supreme court and final
disposition by the court pursuant to the mandate issued by the
supreme court.
(c) Marshal.
(1) Appointment. The 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 district, and in any county
therein may deputize the sheriff or a deputy sheriff for such
purpose. The marshal shall perform such clerical or ministerial
duties as the court may direct or as are required by law. The
marshal shall be custodian of the headquarters occupied by the
court, whether the headquarters is an entire building or a part of a
building.
(d) Open Sessions. All sessions of the court shall be open to
the public, except 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 court.
(e) Designation of Assigned Judges. When any justice or
judge of another court is assigned for temporary service on a
district court of appeal, that justice or judge shall be designated, as
author or participant, by name and initials followed by the words
“Associate Judge.”
(a) Internal Government.
(1) Exercise of Powers and Jurisdiction. Three judges
shall constitute a panel for and shall consider each case, and the
concurrence of a majority of the panel shall be necessary to a
decision.
(2) Chief Judge.
(A) The selection of a chief judge should be based
on managerial, administrative, and leadership abilities, without
regard to seniority only.
(B) The chief judge shall be the administrative
officer of the court, and shall, consistent with branch-wide policies,
direct the formation and implementation of policies and priorities
for the operation of the court. The chief judge shall exercise
administrative supervision over all judges and court personnel. The
chief judge shall be responsible to the chief justice of the supreme
court. The chief judge may enter and sign administrative orders.
The administrative powers and duties of the chief judge include, but
are not limited to, the power to order consolidation of cases, and to
assign cases to the judges for the preparation of opinions, orders, or
judgments. The chief judge shall have the authority to require all
judges of the court, court officers and court personnel, to comply
with all court and judicial branch policies, administrative orders,
procedures, and administrative plans.
(C) The chief judge shall maintain liaison in all
judicial administrative matters with the chief justice of the supreme
court, and shall, considering available resources, ensure the
efficient and proper administration of the court. The chief judge
shall develop an administrative plan that shall include an
administrative organization capable of effecting the prompt
disposition of cases, the assignment of judges, other court officers,
and court personnel, and the control of dockets. The administrative
plan shall include a consideration of the statistical data developed
by the case reporting system.
(D) All judges shall 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 matter pending
before the judge to any other judge or any additional assigned judge
of the same court. If it appears to the chief judge that the speedy,
efficient, and proper administration of justice so requires, the chief
judge shall request the chief justice of the supreme court to assign
temporarily an additional judge or judges from outside the court to
duty in the court requiring assistance, and shall advise the chief
justice whether or not the approval of the chief judge of the court
from which the assignment is to be made has been obtained. The
assigned judges shall be subject to administrative supervision of the
chief judge for all purposes of this rule. Nothing in this rule shall
restrict the constitutional powers of the chief justice of the supreme
court to make such assignments as the chief justice shall deem
appropriate.
(E) The chief judge shall 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 docket. The chief judge may take
such action as may be necessary to cause the docket to be made
current.
(F) The chief judge shall be chosen by a majority
of the active judges of the court for a term commencing on July 1 of
each odd-numbered year, and shall serve for a term of 2 years. A
chief judge may serve for successive terms but in no event shall the
total term as chief judge exceed 8 years. In the event of a vacancy, a
successor shall be chosen promptly to serve the balance of the
unexpired term. If the chief judge is unable to discharge these
duties, the judge longest in continuous service or, as between
judges with equal continuous service, the one having the longest
unexpired term and able to do so, shall perform the duties of chief
judge pending the chief judge’s return to duty. Judges shall notify
the chief judge of any contemplated absence from the court and the
reasons therefor. A chief judge may be removed as chief judge by
the supreme court, acting as the administrative supervisory body of
all courts, or by a two-thirds vote of the active judges.
(G) The failure of any judge to comply with an
order or directive of the chief judge shall be considered neglect of
duty and may be reported by the chief judge to the chief justice of
the supreme court who shall have the authority to take such
corrective action as may be appropriate. 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 such
other corrective action as may be appropriate.
(H) At the call of the chief justice, the chief judges
of the circuit court and district courts of appeal shall meet on a
regular basis and with each other and with the chief justice 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.
(I) The chief judge shall have the responsibility to
exercise reasonable efforts to promote and encourage diversity in
the administration of justice.
(b) Clerk.
(1) Appointment. The 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 headquarters of the court.
The clerk’s time shall be devoted to the duties of the office and the
clerk shall not engage in the private practice of law while serving as
clerk. 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 judge of the court or upon order of the court.
(2) 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 that the notice, petition, or
other initial pleading originating the proceeding is filed in the court.
(3) Filing Fee. In all cases filed in the court, the clerk
shall require the payment of a fee as provided by law at the time 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.
(4) 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. If the court directs that a mandate
record shall be maintained, then 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 shall be
noted the date of issuance or the date of recall and the manner of
transmittal of the process. 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.
(5) Return of Original Papers. The clerk shall retain all
original papers, files, and exhibits transmitted to the court for a
period of not less than 30 days after rendition of the opinion or
order denying any motion pursuant to Florida Rule of Appellate
Procedure 9.330, whichever is later. If no discretionary review
proceeding or appeal has been timely commenced in the supreme
court to review the court’s decision within 30 days, the clerk shall
transmit to the clerk of the trial court the original papers, files, and
exhibits. If a discretionary review proceeding or appeal has been
timely commenced in the supreme court to review the court’s
decision, the original papers, files, and exhibits shall be retained by
the clerk until transmitted to the supreme court or, if not so
transmitted, until final disposition by the supreme court and final
disposition by the court pursuant to the mandate issued by the
supreme court.
(c) Marshal.
(1) Appointment. The 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 district, and in any county
therein may deputize the sheriff or a deputy sheriff for such
purpose. The marshal shall perform such clerical or ministerial
duties as the court may direct or as are required by law. The
marshal shall be custodian of the headquarters occupied by the
court, whether the headquarters is an entire building or a part of a
building.
(d) Open Sessions. All sessions of the court shall be open to
the public, except 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 court.
(e) Designation of Assigned Judges. When any justice or
judge of another court is assigned for temporary service on a
district court of appeal, that justice or judge shall be designated, as
author or participant, by name and initials followed by the words
“Associate Judge.”