In re: Amendments to Florida Rule of Judicial Administration 2.240

CourtListener 9503264FlaDec 12, 2019

Full text

Supreme Court of Florida
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No. SC19-1932
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IN RE: AMENDMENTS TO FLORIDA RULE OF JUDICIAL
ADMINISTRATION 2.240.

December 12, 2019

PER CURIAM.

In response to recent statutory and rule amendments changing the county

court civil and small claims jurisdictional limits, the Court, on its own motion,

amends Florida Rule of Judicial Administration 2.240 (Determination of Need for

Additional Judges). See Fla. R. Jud. Admin. 2.140(g). We have jurisdiction. See

art. V, § 2(a), Fla. Const.

Amendments

Consistent with the amendment to the county court jurisdictional limit in

section 34.01, Florida Statutes (2018) made by chapter 2019-58, section 9, Laws of

Florida, we amend subdivision (b)(1)(A)(i) of rule 2.240 to replace the $15,000.01

minimum claim amount for a circuit court civil case referenced in that subdivision

with a $30,000.01 minimum claim amount. We also amend subdivision
(b)(1)(A)(ii) to replace the $5,000.01 to $15,000 claim range for a non-small-

claims county court civil case referenced in that subdivision with a $8,000.01 to

$30,000 claim range, consistent with the above-referenced statutory amendment

and the recent amendment to Florida Small Claims Rule 7.010 (Title and Scope),

which increased the small claims jurisdictional limit from $5,000 to $8,000. See In

re Amends. to Fla. Rules of Civ. Pro., Fla. Small Claims Rules, & Fla. Rules of

App. Pro.—Jurisdiction, No. SC19-1354, slip op. at 3, 15 (Fla. Nov. 14, 2019).

Accordingly, the Florida Rules of Judicial Administration are amended as

reflected in the appendix to this opinion. New language is indicated by

underscoring; deletions are indicated by struck-through type. The amendments

shall become effective January 1, 2020, at 12:01 a.m. Because the amendments

were not published for comment prior to their adoption, interested persons shall

have seventy-five days from the date of this opinion in which to file comments

with the Court. 1

1. All comments must be filed with the Court on or before February 25,
2020, with a separate request for oral argument if the person filing the comment
wishes to participate in oral argument, which may be scheduled in this case. If
filed by an attorney in good standing with The Florida Bar, the comment must be
electronically filed via the Florida Courts E-Filing Portal (Portal) in accordance
with In re Electronic Filing in the Supreme Court of Florida via the Florida
Courts E-Filing Portal, Fla. Admin. Order No. AOSC13-7 (Feb. 18, 2013). If
filed by a nonlawyer or a lawyer not licensed to practice in Florida, the comment
may be, but is not required to be, filed via the Portal. Comments filed via the
Portal must be submitted in Microsoft Word 97 or higher. See In re Electronic
Filing in the Florida Supreme Court, Fla. Admin. Order No. AOSC17-27 (May 9,

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It is so ordered.

CANADY, C.J., and POLSTON, LABARGA, LAWSON, and MUÑIZ, JJ.,
concur.

THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER THE
EFFECTIVE DATE OF THESE AMENDMENTS.

Original Proceeding – Florida Rules of Judicial Administration

2017). Any person unable to submit a comment electronically must mail or hand-
deliver the originally signed comment to the Florida Supreme Court, Office of the
Clerk, 500 South Duval Street, Tallahassee, Florida 32399-1927; no additional
copies are required or will be accepted.

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APPENDIX

RULE 2.240. DETERMINATION OF NEED FOR ADDITIONAL
JUDGES

(a) [No Change]

(b) Criteria.

(1) Trial Courts.

(A) Assessment of judicial need at the trial court level is
based primarily upon the application of case weights to circuit and county court
caseload statistics supplied to the Office of the State Courts Administrator by the
clerks of the circuit courts, pursuant to rule 2.245, Florida Rules of Judicial
Administration. Such case weights provide a quantified measure of judicial time
spent on case-related activity, translating judicial caseloads into judicial workload
by factoring in the relative complexity by case type in the following manner:

(i) The circuit court case weights are applied to
forecasted case filings, which include circuit criminal (includes felony, drug court,
and worthless check cases), circuit civil (includes matters involving claims of
$15,000.0130,000.01 and above), family (includes domestic relations, juvenile
dependency, and juvenile delinquency cases), and probate (includes guardianship,
mental health, and trust cases).

(ii) The county court case weights are applied to
forecasted filings, which include county criminal (includes misdemeanor,
violations of county and municipal ordinance, worthless check, driving under the
influence, and other criminal traffic cases), and county civil (includes small
claims, matters involving claims ranging from $5,000.018,000.01 to
$15,00030,000, landlord-tenant, and civil traffic infraction cases).

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(B) – (C) [No Change]

(2) [No Change]

(c) – (d) [No Change]

Court Commentary

[No Change]

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