Intro to Admin Orders
Administrative orders are used by the Florida Supreme Court to set a uniform and consistent procedural system for how some of their cases are processed. An administrative order is primarily used by the Florida Supreme Court as a mechanism for effective case management and to reduce the costs of the processing of high volume portions of their docket, such as Bar disciplinary matters, Bar admission applications, and referenda regarding Rules Regulating the Florida Bar. The Statewide Targeted Case Management (TMC) system allows the 11th Judicial Circuit and the Florida Supreme Court to work synergistically , streamlining many processes to effectively and efficiently process cases, and utilize financial resources. The ultimate goal is to shorten the time it takes for a case to be resolved and allow for a more uniform, uniformed, consistent, and more transparent method in which all Bar disciplinary matters and the Florida Supreme Court’s non-Supreme Court matters are handled statewide.
In addition, administrative orders are also used by the Florida Supreme Court to set deadlines, standards, and procedures for specific activities, including its own Internal Operating Procedures and Library procedures.
Why Write an Admin Order
Administrative orders are designed to streamline court procedures and provide for consistency within the legal framework of our state. They reduce the potential for litigation and ensure that lawyers and judges have basic guidelines to follow with regard to how the courts in our state operate. Administrative orders are not unique to Florida; they are common in most states in the United States.
Florida’s constitution allows the Supreme Court to make rules for the administration of the courts and to regulate court procedure. Article V, Section 2, of the Florida Constitution provides: "The Supreme Court shall have exclusive jurisdiction to regulate the admission to the practice of law and the discipline of persons admitted, to direct the administration of all courts under its jurisdiction and to promulgate rules for the practice and procedure in all courts of the state. …"
In order to carry out its constitutional duty, the Supreme Court promulgates Florida Rules of Court, which govern the operation of the courts and set forth procedures to be followed by lawyers and judges. Administrative orders supplement these rules on topics not covered in the Rules of Court in order to carry out constitutional directives and produce greater uniformity among the 20 judicial circuits throughout the state.
Issuance of Admin Orders
Administrative orders are issued by the Florida Supreme Court pursuant to section 25.341, Florida Statutes. Section 25.341 provides the general limits of authority for administrative orders. Administrative orders must be adopted by the Chief Justice, or in the absence of the Chief Justice, the senior Justice. Administrative orders may be adopted in three manners: (1) as an emergency measure; (2) upon motion of a Justice or upon the Court’s own motion; or (3) by a rule of court promulgated under the Florida Rules of Judicial Administration. As provided by the statute, the Chief Justice or senior Justice, at his or her discretion, may issue orders without notice or hearing, or may provide time for parties to comment. Notice of the entry of the order must be given to interested persons and the Judicial Management Council. A copy of the order must be maintained with the Clerk of Court.
Effects on Practice
Administrative orders have moving impact on legal practice in Florida, including in the following areas:
Clerk’s Responsibilities. Administrative orders affect how the clerks process filings, collect fees, maintain court files, and track and process claims against the state. For example, an administrative order may provide a new method for filing documents with the clerk, such as through e-filing (ref. Florida Supreme Court Case Number: SC03-1831, In re: Amendments to Florida Rules of Civil Procedure for in personam Actions Upon Claims for money Damages and Third Party Practice, 876 So. 2d 532 (Fla. Sept. 4, 2003)).
Discovery Limitations. Administrative and local rules place limitations on the number of depositions or interrogatories allowed before obtaining leave of court. (ref. Fla. R. Civ. P. 1.310(c)) The order may also reduce the maximum number of interrogatories which may be served on a single party (ref. Fla. R. Civ. P. 1.340(a)) without leave of court. A local rule may also limit depositions in medical malpractice actions. For example, a local rule in Miami-Dade requires plaintiff to obtain prior court approval for authorization or other expenditures, without which no action may be filed for medical malpractice. (ref. Fla. R. Gen. Prac. & Jud. Admin. 2.065(f))
Court Procedures. Administrative orders regarding how the court operates include court schedules, location changes, and whether the hearings will be held before a magistrate or judge. Orders may also govern the assignments of judges to cases (Re: Assignment of Circuit Judges to serve in Appellate Division of the Family Court for the Eleventh Judicial Circuit (Miami-Dade County), Fla. Admin. Order No. 14-01-Civ-MFC/04-19-05-MFC).
Fees and Costs. Administrative orders may govern increased filing fees, automated data processing service charges, overage costs, translation fees, and filing fees related to drivers’ license reissuances.
Recent Admin Orders
One of the longest administrative orders currently issued by the Supreme Court of Florida is their Study on Florida’s New Spinal Surgery Hospital Rate Structure. In this order, the court accepted a recommendation from The Florida Agency for Health Care Administration and ordered "a comprehensive study of the underlying data and the rate-setting process" impacting the ambulatory surgical centers and hospital outpatient departments.
Another notable administrative order that remains on file at the Office of the State Courts Administrator is the Re-establishment of the Office of the State Court Administrator . This order designated the Office of the State Court Administrator, or OSCAR, as a "principal agency of the Judicial Branch". The order also described how this office was to be established and the responsibilities of the OSCAR. This order survives in effect today.
In addition to these comprehensive orders, there were numerous administrative orders issued in the years prior to 2010 that dictated broad guidelines for a wide variety of issues. This includes a very long order that established principals of assignment, procedure, and interim procedure, until further specific guidelines are promulgated by the Supreme Court.
Where to Find an Admin Order
Court administrative orders are not substantive rules, which means they do not first have to be proposed and publicized in the Florida Administrative Register in accordance with the Administrative Procedures Act. Instead, these administrative orders usually take effect upon issuance and disposition by the Court.
It is important for Florida legal professionals to check the Florida Supreme Court’s website as frequently as possible to be aware of any new administrative orders before they take effect. All administrative orders from the Florida Supreme Court are accessible from the Court’s website. You can either check the home page of the website (look for "What’s New" immediately above the search bar) or "click on" link "Opinions." The home page provides a brief listing of recent administrative orders while the "Opinions" link provides full information about all opinions and administrative orders from the Florida Supreme Court since 2002, including a link to each document in PDF format. Because the older orders may have been scanned from paper documents, the printing quality and soundness of the order may be suspect.
In addition, the Court has created a document entitled "Administrative Orders issued by the Florida Supreme Court" and posted it in the section of the website labeled "Forms, Manuals, Guides, and Other Publications from the Florida Courts" for public access. This document, comprising over 150 pages, gives a brief overview of the administrative orders listed in reverse chronological order and subsequent links to each order. As the Administrative Office of the Courts (AOC) states on the document, this list is unofficial and is not intended as a comprehensive or exhaustive listing of all administrative documents issued by the Florida Supreme Court. For example, no agency is specified is in the chart with regard to who in the AOC maintains the information in the document. The AOC acknowledges that it may not be complete and may include inconsistencies, some of which are systemic in nature, such as referring to the Florida Office of the State Courts Administrator, the Supreme Court Clerk’s Office and the Court Statistics Department, etc. Members of the public may also find a list of unpublished orders which are of significance or importance in pending and/or decided cases on the "Opinions" page.
Admin Orders and Non-Compliance
The potential consequences for failing to comply with an administrative order can be significant. In the case of a non-party, the Florida Rules of Civil Procedure empower courts to compel compliance through an order to show cause. If the non-party fails to comply with the order to show cause, a contempt order may be entered against the party. Fla. R. Civ. P. 1.410(b) ("A refusal to obey a subpoena or an order entered under this rule may be treated as a contempt of court . . . ."); Fla. R. Civ. P. Form 1.947 (Form and Order to Show Cause).
In the case of a litigant, the Florida Rules of Civil Procedure expressly allow sanctions to be entered against the offending party. Fla. R. Civ. P. 1.380(a)(4)(A). The court has a variety of remedies available to enforce compliance. See Fla. R. Civ. P. 1.380(b)(2). Among the possible punishments for failing to comply, the court may strike pleadings, dismiss an action, and/or hold offending parties and their lawyers in contempt. Fla. R. Civ. P. 1.380(b)(2).
Likewise, the Florida Rules of Judicial Administration prohibits attorneys from advising their clients to disobey a court order or to fail to give testimony. Fla. R. Jud. Admin. 2.3(a)(2). A violation of this rule may result in the imposition of sanctions against the attorney. Fla. R. Jud. Admin. 2.3(c).
Admin Orders of the Future
The evolution of the Court’s administrative orders will almost certainly continue. Active strategic thinking among Court administrators and the Clerk, combined with the needs of the bar and the public, are likely to result in future developments in the content, timing and types of administrative orders issued. Additionally , flexibility has been built into the operations of the Court with the recent order allowing institutional advisers to propose new procedural rules. Hopefully, the Court will benefit from the experience and insight of its institutional advisers on many operational matters.