HB 7027

1	A bill to be entitled
2	An act relating to court rules of process and procedure;
3	amending s. 25.371, F.S.; providing that statutes
4	supersede court rules; creating s. 43.45, F.S.; providing
5	that no court rule may modify any substantive right or
6	conflict with general law; creating s. 43.46, F.S.;
7	creating a judicial conference; designating a chair;
8	providing membership; providing for the duties of the
9	conference; requiring an annual report; requiring creation
10	of an advisory committee and subcommittees; providing for
11	appointments; limiting membership on the judicial
12	conference; providing that the judicial conference is
13	administratively housed in the state courts system;
14	requiring that the judicial conference establish a
15	website; creating s. 43.47, F.S.; providing a process for
16	creation and adoption of court rules, administrative
17	orders, forms, and jury instructions; providing
18	definitions; prohibiting rules, local rules,
19	administrative orders, forms, and jury instructions from
20	modifying any substantive right or conflicting with
21	general law; requiring the judicial conference to publish
22	procedures for adoption and review of proposed rules,
23	local rules, administrative orders, forms, and jury
24	instructions; creating a process for rule adoption;
25	requiring proposed rules to be published and heard before
26	a subcommittee, the rules committee, and the judicial
27	conference before being submitted to the Legislature;
28	providing that rules go into effect if the Legislature
29	does not act; providing exceptions; creating s. 43.48,
30	F.S.; providing exceptions to specified provisions
31	relating to court rule adoption; providing legislative
32	intent; providing for adoption of certain specific court
33	rules in effect on the effective date of this act;
34	providing conditional adoption of existing court rules,
35	local rules, administrative orders, forms, and jury
36	instructions in effect before the effective date of this
37	act; providing a contingent effective date.
38
39	Be It Enacted by the Legislature of the State of Florida:
40
41	Section 1.  Section 25.371, Florida Statutes, is amended to
42	read:
43	25.371  Effect of rules.-When a rule is adopted by the
44	Supreme Court supreme court concerning practice and procedure,
45	and such rule conflicts with a statute, the statutory provision
46	rule supersedes the rule statutory provision.
47	Section 2.  Section 43.45, Florida Statutes, is created to
48	read:
49	43.45  Court rules of practice and procedure.-A court rule
50	may not abridge, enlarge, or modify any substantive right. Court
51	rules of practice and procedure may not conflict with general
52	law.
53	Section 3.  Section 43.46, Florida Statutes, is created to
54	read:
55	43.46  The judicial conference.-
56	(1)  There is created within the judicial branch a judicial
57	conference. The Chief Justice of the Supreme Court shall be the
58	chair of the judicial conference.
59	(2)  The members of the judicial conference are:
60	(a)  The Chief Justice.
61	(b)  The chief judge of each district court of appeal.
62	(c)  One circuit judge from each appellate district, chosen
63	by the chief judge of the district.
64	(3)  The judicial conference shall conduct a continuous
65	study of the operation and effect of rules of practice and
66	procedure in all state courts. Any amendments of existing rules
67	or addition of new rules as the judicial conference may deem
68	desirable to promote simplicity in procedure, fairness in
69	administration, just determination of litigation, and
70	elimination of unjustifiable expense and delay, when not
71	inconsistent with general law, shall be recommended by the
72	judicial conference to the Supreme Court for its consideration
73	and adoption, modification, or rejection, in accordance with
74	law. The judicial conference shall also create, revise, and
75	implement forms for use in court proceedings, approve local
76	rules of court, approve form jury instructions, and any other
77	task or duty prescribed by law or designated by the Chief
78	Justice.
79	(4)  On the first business day of December of every year,
80	the Chief Justice shall submit to the Speaker of the House of
81	Representatives and the President of the Senate an annual report
82	of the proceedings of the judicial conference, proposed rule
83	amendments and adoptions, and recommendations for legislation
84	respecting general rules of practice and procedure before the
85	state courts.
86	(5)  The judicial conference shall create advisory
87	committees and subcommittees to assist the judicial conference
88	in the performance of its duties. The judicial conference shall
89	create a standing committee on court rules, which committee
90	shall make recommendations on rule amendments and adoptions. The
91	committee on court rules shall have, at a minimum, advisory
92	subcommittees in appellate court rules, civil procedure rules,
93	code and rules of evidence, criminal procedure rules, family law
94	rules, probate rules, juvenile court rules, rules of judicial
95	administration, small claims rules, and traffic court rules.
96	(6)  The Chief Justice shall appoint the chair and members
97	of advisory committees and subcommittees. Advisory committees
98	and subcommittees must be chaired by a state court judge
99	currently in office. Advisory committees and subcommittees shall
100	include practicing attorneys and legal academics, and each
101	committee must have at least one member of the general public
102	who is not an attorney or an academic.
103	(7)  Any justice or judge who has been impeached by the
104	House of Representatives or is awaiting disposition after a
105	finding of probable cause by the Judicial Qualifications
106	Commission is disqualified from serving on the judicial
107	conference or any advisory committee of the judicial conference.
108	(8)  The judicial conference shall be administratively
109	housed in the state courts system.
110	(9)  The judicial conference shall be given a prominent
111	link on the primary web page of the state courts system. The
112	judicial conference shall maintain a group of connected web
113	pages on the website of the state courts system dedicated to the
114	work of the judicial conference, the work of the advisory
115	committees, and the court rulemaking process. The website shall
116	include a form by which any member of the public can suggest a
117	rule adoption or change, and shall include contact information
118	or forms by which members of the public may comment on rule
119	proposals. All rule proposals, subcommittee and committee
120	agendas, and subcommittee and committee reports shall be
121	published on the website. The website shall allow any interested
122	person to receive e-mail notifications of the work of any
123	subcommittee or committee or the judicial conference. Access to
124	the website shall be free of charge.
125	Section 4.  Section 43.47, Florida Statutes, is created to
126	read:
127	43.47  Creation and amendment of court rules of practice
128	and procedure, local rules, administrative orders, forms, and
129	jury instructions.-
130	(1)  The Supreme Court shall recommend general rules of
131	practice and procedure in all courts. Recommended rules may be
132	adopted, amended, or rejected by the Legislature as provided by
133	this section. Any court may create administrative orders and
134	forms that apply in that court and in inferior courts, subject
135	to any limitation in general law and subject to the
136	administrative authority of the Supreme Court.
137	(2)  For purposes of ss. 43.45 and 43.46 and this section,
138	the term:
139	(a)  "Rule" or "court rule" means a rule of practice or
140	procedure adopted to facilitate the uniform conduct of
141	litigation applicable to all proceedings, parties, and
142	attorneys. A rule has statewide impact.
143	(b)  "Local rule" means a rule of practice or procedure for
144	circuit or county application only that, because of local
145	conditions, supplies an omission in or facilitates application
146	of a rule of statewide application.
147	(c)  "Administrative order" means a directive necessary to
148	administer properly the court's affairs in a way consistent with
149	the State Constitution and court rules.
150	(d)  "Form" means a form created for use by the parties in
151	a court action.
152	(e)  "Jury instruction" means a standard suggested
153	instruction to juries on the law of a case.
154	(3)  A rule, local rule, administrative order, form, or
155	jury instruction may not abridge, enlarge, or modify any
156	substantive right.
157	(4)  Forms are subordinate to rules and to administrative
158	orders, and administrative orders are subordinate to rules. All
159	rules, local rules, administrative orders, forms, and jury
160	instructions are subordinate to general law.
161	(5)  The judicial conference shall prescribe and publish
162	the procedures for the consideration of proposed rules, local
163	rules, forms, and jury instructions under this section. The
164	administrative process for changes to court rules shall include
165	the minimum following procedures:
166	(a)  Suggestions from the general public shall be referred
167	to the chair of the appropriate subcommittee. If the chair
168	believes the suggestion has merit, the chair shall request a
169	member of the subcommittee to sponsor it.
170	(b)  Any member of an advisory subcommittee may sponsor a
171	proposed rule adoption or amendment for consideration. The
172	judicial conference shall establish a uniform numbering system
173	for proposals.
174	(c)  An advisory subcommittee shall publish an agenda at
175	least 20 days before its meeting that sets forth all initial
176	proposals scheduled by the chair for consideration.
177	(d)  If the advisory subcommittee determines by a majority
178	vote that a proposal has merit, the subcommittee may place the
179	proposal on the next agenda for consideration. Before the next
180	meeting, the subcommittee shall create an explanatory note on
181	the proposed rule, together with a fiscal estimate of the cost
182	of the rule to the state, to local government, and to the
183	general public. The explanatory note and fiscal estimate must be
184	published on the judicial conference webpage at least 30 days
185	before any subcommittee meeting at which the proposal will be
186	voted on.
187	(e)  At a meeting in which a proposal is up for final
188	subcommittee consideration, the subcommittee shall consider the
189	proposal and the draft report. By majority vote, the
190	subcommittee may reject, adopt, or amend the proposal or the
191	explanatory note or fiscal estimates. Alternatively, the
192	subcommittee may move consideration of the proposal to the next
193	meeting of the subcommittee.
194	(f)  If the subcommittee adopts the proposal, the
195	subcommittee shall prepare a report to the rules committee
196	indicating the majority view and the fiscal estimates. Any
197	member of the subcommittee may object to the proposal, the
198	explanatory note, or the fiscal estimates by filing a minority
199	report with the rules committee, which must be sent to the rules
200	committee within 20 days after subcommittee adoption.
201	(g)  The chair of the rules committee shall set the agenda
202	for the rules committee. The agenda shall be published at least
203	20 days before a meeting. A proposal may not be heard unless it
204	was passed by a subcommittee at least 60 days before the
205	committee meeting. The rules committee may adopt, amend, reject,
206	continue to another meeting, or return to the subcommittee for
207	further consideration any proposal. Any member of the rules
208	committee may object to a proposal, the explanatory note, or the
209	fiscal estimates by filing a minority report with the judicial
210	conference, which must be sent to the rules committee within 20
211	days after committee adoption.
212	(h)  The Chief Justice shall set the agenda for the
213	judicial conference. The agenda shall be published at least 20
214	days before a meeting. A proposal may not be heard unless it was
215	passed by the rules committee at least 120 days before the
216	judicial conference meeting. The judicial conference may adopt,
217	amend, reject, continue to another meeting, or return to the
218	rules committee for further consideration any proposal. Any
219	member of the judicial conference may object to a proposal, the
220	explanatory note, or the fiscal estimates by filing a minority
221	report with the judicial conference, which must be filed within
222	20 days after judicial conference adoption.
223	(i)  All meetings of the judicial conference, the rules
224	committee, or a subcommittee shall be open to the public.
225	(6)  The judicial conference shall submit proposed changes
226	to general rules of court to the Supreme Court annually no later
227	than August 1. The Supreme Court may adopt, modify, or reject
228	any recommendation of the judicial conference. The Supreme Court
229	shall submit a rule proposed under this section to the Speaker
230	of the House of Representatives and the President of the Senate
231	not later than the first business day of December of the year
232	preceding the year in which the rule is to become effective.
233	Such proposed rule shall take effect July 1 of the following
234	year unless otherwise provided by law.
235	(7)  Rules recommended by the Supreme Court do not have the
236	force of law and are not effective unless affirmatively approved
237	by the Legislature, with or without legislative amendment, or
238	the Legislature, having met in regular session after the
239	submission of the rule to the presiding officers, adjourned sine
240	die without enacting legislation rejecting or amending the
241	proposed rule. The Supreme Court may fix the extent to which a
242	rule, once effective, applies to proceedings then pending,
243	except that the Supreme Court may not require the application of
244	such rule to further proceedings to the extent that, in the
245	opinion of the court in which such proceedings are pending, the
246	application of the new rule in such proceedings would not be
247	feasible or would work injustice, in which event the former rule
248	applies. However:
249	(a)  A rule of evidence is not effective unless the
250	Legislature affirmatively adopts the rule in general law.
251	(b)  A rule may not require the payment of any court cost
252	or fee unless the Legislature affirmatively adopts the cost or
253	fee in general law.
254	(c)  If the Legislature passes a bill amending or rejecting
255	a recommended rule, and the Governor vetoes the bill, the
256	recommended rule is not adopted. If the Legislature overrides
257	the veto, then the rule is as provided in the act.
258	(8)  Local rules, administrative orders, forms, and jury
259	instructions are not required to be affirmed by the Legislature,
260	but may be repealed or amended by general law. Once repealed or
261	amended, they may not be re-amended or re-adopted unless in
262	conformity with the general law. Additionally:
263	(a)  Local rules may be promulgated by inferior courts if
264	permitted by the judicial conference and the Supreme Court. A
265	local rule may not abridge, enlarge, or modify any substantive
266	right or conflict with general law. A local rule may not require
267	parties or attorneys to pay or incur any cost or fee unless such
268	cost or fee is authorized by general law.
269	(b)  Administrative orders may be promulgated by inferior
270	courts if permitted by the judicial conference and the Supreme
271	Court. Administrative orders are not required to be submitted to
272	the Legislature or approved under this subsection. An
273	administrative order of any court may not abridge, enlarge, or
274	modify any substantive right or conflict with general law. A
275	rule of court may not be enacted in the form of an
276	administrative order. An administrative order may not require
277	parties or attorneys to pay or incur any cost or fee unless such
278	cost or fee is authorized by general law.
279	(c)  Advisory committees may recommend forms for use by the
280	courts. Forms are not required to be submitted to the
281	Legislature or approved under this subsection. A form may not
282	abridge, enlarge, or modify any substantive right or conflict
283	with general law.
284	(d)  Advisory committees may recommend jury instructions
285	for use by the courts. Jury instructions are not required to be
286	submitted to the Legislature or approved under this subsection.
287	A jury instruction may not abridge, enlarge, or modify any
288	substantive right or conflict with general law.
289	(9)  Matters related to the admissibility of evidence may
290	only be enacted by general law. Notwithstanding the foregoing, a
291	rule of court may prohibit the admission of certain evidence for
292	failure to comply with a court rule and a court may prohibit
293	admission of certain evidence in a case for failure to comply
294	with a court order that is specific to that case.
295	Section 5.  Section 43.48, Florida Statutes, is created to
296	read:
297	43.48  Exceptions.-Provided they do not conflict with the
298	State Constitution or with general law, and subject to the
299	administrative supervision power of the Supreme Court, the
300	following areas are not prohibited or limited by s. 43.45, s.
301	43.46, or s. 43.47:
302	(1)  Rules regulating the admission of persons to the
303	practice of law and the discipline of persons admitted, provided
304	such rules are consistent with s. 15, Art. V of the State
305	Constitution.
306	(2)  Internal operating procedures of a court, including
307	personnel rules and personnel actions, provided such procedures
308	and actions are consistent with general law.
309	(3)  Administrative orders, policies, and procedures
310	related to the assignment of a case or cases to a judge or
311	panel.
312	(4)  Rules, local rules, or administrative orders that are
313	limited to creation of an advisory committee.
314	Section 6.  It is intent of the Legislature that court
315	rules as they read on the effective date of this act are
316	presumed valid. If a court determines that the amendment to s.
317	2(a), Art. V of the State Constitution has the effect of implied
318	repeal of all court rules, then the Legislature hereby, as of
319	the effective date of this act, provides that:
320	(1)(a)  The following court rules as they read on the day
321	before the effective date of this act are specifically adopted,
322	shall have full force and effect, and shall remain in effect
323	unless subsequently repealed or amended by general law: rules
324	2.410, 2.420, 2.430, 2.440, and 2.450, Florida Rules of Judicial
325	Administration.
326	(b)  It is the intent of the Legislature by this section
327	that all public records laws affecting the courts, including
328	those grandfathered in at the adoption of s. 24, Art. I of the
329	State Constitution, shall remain in effect unless amended or
330	repealed by general law enacted after the effective date of this
331	act.
332	(2)  Other than those rules specified in subsection (1),
333	all court rules, local rules, administrative orders, forms, and
334	jury instructions that were in effect on the day before the
335	effective date of this act and that are not otherwise in
336	conflict with general law shall be deemed adopted, shall have
337	full force and effect, and shall remain in effect unless
338	subsequently repealed or amended by general law.
339	Section 7.  This act shall take effect on the effective
340	date of House Joint Resolution 7025, or a similar joint
341	resolution having substantially the same specific intent and
342	purpose, if that joint resolution is approved by the electors at
343	the general election to be held in November 2012.

CODING: Words stricken are deletions; words underlined are additions.