In re Amendments to the Florida Rules of Judicial Administration

Citations: 95 So. 3d 96; 37 Fla. L. Weekly Supp. 487; 2012 Fla. LEXIS 2678; 2012 WL 2848890Docket: No. SC10-2299

Court: Supreme Court of Florida; July 12, 2012; Florida; State Supreme Court

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A proposed uniform computation of time rule, Florida Rule of Judicial Administration 2.514, along with conforming amendments to various procedural rules, has been adopted by the Court following recommendations from The Florida Bar’s rules committees and the Criminal Court Steering Committee. This initiative originated from the Court's request for a standardized approach to time computation across all proceedings. The need arose during considerations of emergency extensions of deadlines, which revealed inconsistencies in existing rules regarding time computation, particularly concerning administrative orders issued by the Chief Justice.

To address these issues, the proposed rule replaces the term "tolled" with "extended" or "suspended" in relevant contexts and seeks to create a cohesive set of guidelines that incorporate extensions due to administrative orders. The Executive Committee of The Florida Bar unanimously endorsed the proposals, which were subsequently published for public comment; only one comment was received and addressed by the committees.

After additional revisions suggested by the Court, which were accepted by the committees, the new Rule 2.514 and related amendments to multiple Florida procedural rules were finalized. Notable amendments include the rules for computing time periods in various contexts, ensuring that they apply uniformly across different types of legal proceedings. The summary emphasizes the comprehensive nature of the changes, reflecting the Court's focus on consistency in the computation of time within the judicial system.

Subdivision (a)(1) outlines the computation of time periods in days or longer units, excluding the day of the triggering event. All days, including Saturdays, Sundays, and legal holidays, are counted, with the last day included unless it falls on a weekend or holiday, in which case the period extends to the next non-holiday weekday. Subdivision (a)(3) specifies that periods under seven days do not count intermediate weekends and holidays. Subdivision (a)(2) addresses time periods in hours, where counting begins immediately upon the triggering event, including all hours, and extends to the next non-holiday hour if the end falls on a weekend or holiday. Definitions for 'last day,' 'next day,' and 'legal holiday' are provided in subdivision (a)(4).

Subdivision (b) introduces rules for additional time after service by mail or e-mail, replacing the prior Florida Rule of Civil Procedure 1.090(e). It aligns with Federal Rule of Civil Procedure 6(d), treating mail and e-mail service equivalently, and retains five additional days for civil cases and three for criminal cases from the date of e-mail service, as per the amended Florida Rule of Judicial Administration 2.516. Furthermore, the amendment conforms various procedural rules to the new rule 2.514, with exceptions for juvenile procedures related to shelter and detention hearings, ensuring compliance with statutory timeframes for those hearings. The adoption of new Florida Rule of Judicial Administration 2.514 and amendments across various rules of procedure is documented in the appendix of the opinion.

New language in the document is shown by underscoring, while deletions are indicated by struck-through text. Committee notes are for explanatory purposes only and are not part of the official rules. The amendments will take effect on October 1, 2012, at 12:01 a.m., with concurrence from the justices listed. 

Rule 1.090 outlines time computation methods: 
- The act, event, or default day is excluded from the time period calculation.
- The last day is included unless it falls on a Saturday, Sunday, or legal holiday, in which case the period extends to the next non-holiday weekday.
- If a period is less than 7 days, intermediate weekends and holidays are excluded.
- An additional 5 days are added to a prescribed period if notice is served by mail.

Rule 2.514 details time computation further:
- For periods stated in days or longer, the triggering day is excluded, and all days are counted, including weekends and holidays, unless the last day is a weekend or holiday.
- For hourly periods, counting begins immediately after the triggering event, including all hours, with similar provisions for weekends and holidays.
- Definitions for the last day, next day, and legal holidays are provided, including specific holidays recognized under Florida law.

When a party must act within a specified timeframe after service by mail or e-mail, an additional 5 days is added to the period that would otherwise expire. In computing any prescribed time, the day the act occurs is excluded from the calculation, while the last day is included unless it falls on a Saturday, Sunday, or legal holiday; in such cases, the deadline extends to the next non-holiday weekday. For periods of less than 7 days, intermediate weekends and holidays are excluded, except for specific rules noted. The computation of time is governed by Florida Rule of Judicial Administration 2.514. Additionally, when service is made by mail or e-mail, and an interested party must act within a specified period, 5 days are added to the timeframe, unless the service pertains to formal notice. The committee notes and rule history indicate no changes to the foundational principles of these rules.

Fla. Prob. R. 5.150 mandates an accounting order, while Fla. Prob. R. 5.240 and 5.241 address notice of administration and notice to creditors, respectively. Fla. Prob. R. 5.340(a, b) requires an inventory, and Fla. Prob. R. 5.345 pertains to accountings beyond final accounts of personal representatives. Fla. Prob. R. 5.395 deals with notice related to federal estate tax returns, and Fla. Prob. R. 5.400 outlines distribution and discharge processes. Additionally, Fla. Prob. R. 5.649 establishes guidelines for guardian advocates, and Fla. Prob. R. 5.681 addresses the restoration of rights for individuals with developmental disabilities. Fla. Prob. R. 5.700 allows for objections to guardianship reports.

In terms of procedural rules, Fla. R. Civ. P. 1.090 outlines time calculations, which are further governed by Fla. R. Jud. Admin. 2.514. Specifically, RULE 6.350 specifies that the day an act occurs is excluded from the time calculation, with the last day included unless it falls on a weekend or legal holiday, in which case the period extends to the next business day. For periods less than 7 days, intermediate weekends and holidays are excluded. 

RULE 6.370 provides that if service is made by methods other than hand delivery, an additional 5 days is added to the prescribed time period. 

RULE 8.085 addresses prehearing motions and service, stipulating that when service is by mail, an additional 5 days is also added. It requires that all pleadings filed by attorneys must be signed by them, including their contact information and Florida Bar number. Unrepresented parties must also sign their pleadings and provide similar contact details. The signature signifies that the document has been read, is believed to have merit, and is not for delay. If a pleading is unsigned or improperly signed, it may be stricken, allowing the action to proceed as if the pleading was never served.

Orders issued by the court must be transmitted to all parties upon entry, with the court having the discretion to require parties to prepare orders or provide stamped envelopes for service. Orders can be served via e-mail to attorneys not excused from e-mail service and to pro se parties who have provided an e-mail address. Noncompliance with these service requirements does not affect the validity of the order or any related proceedings.

In computing time periods under specified rules, the day the act occurs is excluded from the count, while the last day is included unless it falls on a Saturday, Sunday, or legal holiday, in which case the period extends to the next non-holiday weekday. For periods under seven days, intermediate weekends and holidays are excluded. This time computation follows Florida Rule of Judicial Administration 2.514, with exceptions for certain rules. 

Motions requiring a hearing must be served with sufficient notice in advance, and an additional five days is added to the time period when service is made by mail. The same time computation principles apply across other specified rules, with particular exceptions noted.

Motions and notices of hearing must be served a reasonable time prior to the hearing. If a party is required to act within a specified period after receiving a document by mail, an additional 5 days is added to the timeline. Time computation follows Florida Rule of Judicial Administration 2.514, which specifies that the day of the act or event is not included in the calculation, while the last day is unless it falls on a weekend or holiday. Holidays are defined and include specific dates such as New Year’s Day, Independence Day, and Thanksgiving, among others. Additionally, Florida Rules of Civil Procedure 1.090 governs time, with the 5-day extension also applicable to service by e-mail. The Chief Justice has the authority to adjust deadlines in cases of emergencies or court closures, allowing for suspension or tolling of time limits as necessary.

In Ramirez v. McCravy, 37 So.3d 240 (Fla. 2010), the court addressed the issue of whether tolling orders from the Chief Justice halt the statute of limitations. The court revised the model order to extend all time limits related to court proceedings, including those for the speedy trial process in criminal and juvenile courts. Specifically, the extension applies only if the last day of a time period falls within the extended timeframe. Additionally, an amendment to Florida Rule of Criminal Procedure 3.191(i)(5) allows the Chief Justice to extend speedy trial time periods via administrative orders, as per Florida Rule of Judicial Administration 2.205(a)(2)(B)(iv). Furthermore, Florida Rule of Traffic Court 6.370 has been entirely deleted, along with other rules concerning additional time for service by mail or e-mail. The Small Claims Rules Committee confirmed that the existing Florida Small Claims Rule 7.020(a) sufficiently addresses time computation in small claims cases.