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Rules of Judicial Administration October 2017 Meeting Agenda

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Rules of Judicial Administration October 2017 Meeting Agenda RULES OF JUDICIAL ADMINISTRATION COMMITTEE AGENDA Friday, October 13, 2017 2:00-6:00 Tampa Airport Marriot Tampa, Florida Conference call number: 1-888-376-5050 Conference code: 7458962145# New member orientation will begin at 1:00. I. CALL TO ORDER—Judson L. Cohen, Chair A. Attendance roster and roll call; introduction of guests B. Approval of minutes of June 2017; Page 5 II. CHAIR’S REPORT—Judson L. Cohen A. Regular-Cycle Report 1. SC17-155, In re: Amendments to the Florida Rules of Judicial Administration – 2017 Regular-Cycle Report. Opinion was published. Additional amendments were made by the Court in Rule 2.140 that will be published for comment on November 1. Page 19 B. Out-of-Cycle Report 1. SC16-1062, In re: Amendments to the Florida Rules of Judicial Administration, Florida Rule of Criminal Procedure 3.010, and Florida Rule of Appellate Procedure 9.440. Opinion was published; no rule amendments were adopted by the Court. 2. SC17-882, In re: Amendments to the Florida Rules of Civil Procedure, the Florida Rules of Judicial Administration, the Florida Rules of Criminal Procedure, and the Florida Rules of Appellate Procedure – Electronic Service. Oral argument is scheduled for this case on December 6, 2017. Page 31 3. SC17-1137, In re: Amendments to the Florida rules of Judicial Administration 2.430, 2.535, 2.560, and 2.565, comments were received by the Ninth Judicial Circuit and the Trial Court Budget Commission. As a result of those comments and the research pending by the Trial Court Budget Commission, and extension for additional information was granted with a new comment deadline of January 2, 2018, and a new response deadline of January 22, 2018. Page 101 4. SC17-1611, In re: Amendments to the Florida Rules of Judicial Administration—New Rule 2.570, was filed by the Board of Governors. The Court released an order seeking the authority of the Board to file an amendment to the Rules of Judicial Administration without the RJAC. The Board and RJAC filed a joint request for an extension of time to coordinate; the new deadline for the Board is November 8, 2107, with a reply by the RJAC due by November 27, 2017. III. SUBCOMMITTEE REPORTS A. Subcommittee A—Craig Leen, Chair 1. 15-RJA-14: Rule 2.110. There are two referrals: the first from the Chair relates to whether the name of this section of rules should be changed; the second from Bar Liaison Heather Telfer suggesting the Rules of Judicial Administration should not state the rules take precedence over statutes. Page 114 2. 15-RJA-20/15-RJA-27/15-RJA-29: Rules 2.420 and 2.425. These files have been reassigned to this subcommittee for further work this year. 3. 17-RJA-01: Rule 2.425. Concern raised by Small Claims Rules committee regarding truncated phone numbers in small claims cases. Page 116 4. 17-RJA-12: Rule 2.420. There are three new statutes that appeared to impact Rule 2.420. The subcommittee and full committee approved the incorporation of one new statute modification but did not approve the other two. The pleading is awaiting filing pending the letter to the Court explaining why the October 13, 2017 Rules of Judicial Administration Meeting Agenda Page 2 of 185 two legislations were not incorporated; this filing and letter were delayed by Hurricane Irma. Page 117 B. Subcommittee B—Stephanie Zimmerman, Chair; Page 153 1. 17-RJA-02; 4-panel transcripts. This concern was referred from the Appellate Court Rules Committee. 2. 17-RJA-07; Rule 2.514. This concern was raised by Tom Hall regarding the use of “midnight” to define the filing deadline. 3. 17-RJA-13; Rule 2.265. Concern raised that there is a possible conflict between F.S. 90.202(10) and RJA 2.265. C. Subcommittee C—Ed Sanchez, Chair 1. SC17-1137, 17-RJA-10; listed above and continuing to be worked on as the commenter’s reports are submitted. 2. 15-RJA-23. This is a concern that was raised by an OSCA attorney concerning service being “perfected” but actually fails. This is being addressed by the subcommittee. Page 157 D. Subcommittee D—Marynelle Hardee, Chair 1. 15-RJA-19; Rule 2.450. This issue was raised by the Chair regarding technology within the courts. Representatives from the Media Law Committee joined this subcommittee as ad hoc members. Page 159 2. 16-RJA-09/16-RJA-11; Rule 2.330 concerns raised by two different individuals: Michael Fink and Paul Poland. 3. 17-RJA-09; Possible conflict between RJA 2.215 and Fla. Prob. R. Proc. 5.330 was raised by probate practitioner Rohan Kelley. E. Ad Hoc Subcommittee, Electronic Documents—Michael Korn, Chairs; All Complete and Pending Material 15-RJA-12 (2.514 and 2.516); This concern was raised by the Civil Procedure Rules Committee. October 13, 2017 Rules of Judicial Administration Meeting Agenda Page 3 of 185 15-RJA-13 (service list origination); this was raised initially as a joint concern with FCTC and RJAC. 15-RJA-26 (all rules regarding electronic service and filing); this was raised initially as a joint concern with FCTC and RJAC. 16-RJA-01 (2.520); Concern was raised by previous Chair. 16-RJA-02 (2.516) [Reassigned from Subcommittee B]; concern raised by Brian Willis. 16-RJA-05 (2.430); concern raised by Stephanie Zimmerman due to potential conflict with Sec. 39.0132, F.S. 16-RJA-08 (2.520, 2.525); concern raised as a result of United Bank v. Estate of Frezee, 41 FLW S1612. 17-RJA-04 H. IOP Subcommittee—Craig Leen, Chair I. Drafting Subcommittee—Hon. Rick Nielsen, Chair 17-RJA-07; Rule 2.514, edit of "midnight." J. Liaison Subcommittee—Tom Hall, Chair Committee Liaison Updates K. Fast-Trach Subcommittee—Sandy Solomon, Chair IV. FCTC Workgroup; Judge S. Scott Stephens V. NEW BUSINESS VI. ANNOUNCEMENTS AND ADJOURNMENT Next meetings: 1. The Florida Bar Winter Meeting; January 17-20, 2018, DoubleTree by Hilton, Orlando, Florida 2. Annual Florida Bar Convention; June 13-16, 2018, Hilton Orlando Bonnet Creek, Orlando, Florida October 13, 2017 Rules of Judicial Administration Meeting Agenda Page 4 of 185 RULES OF JUDICIAL ADMINISTRATION COMMITTEE Friday, June 23, 2017, Minutes Boca Raton Resort & Club I. Called to order at 1:05 p.m., by Chair Judge Steven Scott Stephens. After initial comments, Chair invited all members to introduce him or herself around the table. The January 2017 minutes were then approved by acclamation. II. Judge Stephens shared the Chair’s Report regarding the currently filed cases. A. Oral arguments were before the Court in June for both SC17-155, Regular-Cycle Report, and SC16-1062, In re: Amendments to the Florida Rules of Judicial Administration, Florida Rule of Criminal Procedure 3.010, and Florida Rule of Appellate Procedure 9.440, regarding Fla. R. Jud. Admin. 2.120, 2.505, 2.515, and 2.516. In SC17-155, the chief assumption that the court wanted RJA to be the coordinating committee was not in alignment with the court’s perception. The one message that was clear was that if you don’t tell us what needs to be done, then the court is not inclined to address the matter. We will await the court’s decision. Going forward we must be careful that there is a strong need for any action that we are to take. The OA for the Out-of-Cycle Report, SC16-1062, was argued by Amy Borman. Awaiting a decision. B. Two cases have been filed and are in the publication for comment status: SC17-882, In re: Amendments to the Florida Rules of Civil Procedure, the FloridaDraft Rules of Judicial 8-8-17 Administration, the Florida Rules of Criminal Procedure, and the Florida Rules of Appellate Procedure – Electronic Service, and SC17-1137, In re: Amendments to the Florida Rules of Judicial Administration 2.420, 2.535, 2.560, and 2.565. SC17-882 relates to Electronic Service (5-day) Amendment and has been published in July 1 Bar News. III. SUBCOMMITTEE REPORTS A. 1. Subcommittee A Chair Craig Leen explained there is a proposal to change the name of the rule set to Rules of General Application and Judicial Administration (15-RJA-14). This would include both Rules of Page 1 of 11 October 13, 2017 Rules of Judicial Administration Meeting Agenda Page 5 of 185 Judicial Administration, which the committee cannot alter, and Rules of General Application, which the committee can alter. There is an additional proposal to divide the rules into the two sub-parts. The subcommittee approved changing the rule section titles by a 6-1 vote. The subcommittee wanted the full committee reaction before moving forward. Judge Stephens accepted a motion to approve in concept; seconded by David Jones. Paul Regensdorf raised the concern that there needs to be a coordinated effort between the committee and the court. The rules should be easily identifiable for practitioners to know what rules generally apply to all proceedings. Judge Menendez spoke in favor, but Murray Silverstein discussed that more needs to be done. It has been misperceived that the committee is used in a rule coordinating function; this is to apply only to rules of general application. Murray moved to amend the rule title and text in respect. Chair Stephens explained the motion is out of order. Jennifer Mansfield agreed the name should be changed, but requested an evaluation of how it could be broken down for practitioners. Don Christopher agreed and suggested amendment. Murray called the question and there was no opposition.
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