The Supreme Court of Florida amended Florida Rule of General Practice and Judicial Administration 2.140, which governs the process for modifying court rules, in a per curiam opinion issued December 18, 2025. The court acted on its own motion, citing its constitutional authority to adopt rules for court practice and procedure.
The amendment specifically targets subdivision (g) of Rule 2.140, which outlines the particular process for amending the Florida Rules of General Practice and Judicial Administration. The court emphasized that the changes recognize "this Court's constitutional responsibility and authority to adopt rules for the practice and procedure in all courts" under Article V, Section 2(a) of the Florida Constitution.
The seven-member court unanimously concurred in the amendment, with Chief Justice Muñiz and Justices Canady, Labarga, Couriel, Grosshans, Francis, and Sasso all joining the per curiam opinion. The court exercised its jurisdiction under both the constitutional provision and existing Rule 2.140(d).
The amendment includes both new language and deletions to the existing rule, with new provisions indicated by underscoring and deletions shown through struck-through text in the opinion's appendix. The specific content of these changes affects how the Florida Rules of General Practice and Judicial Administration may be modified in the future.
A key aspect of this amendment process is its timing relative to public input. The court noted that "the amendment was not published for comment previously," departing from typical rulemaking procedures that often include advance public notice and comment periods. To address this departure, the court provided a post-amendment comment period of 75 days from the date of the opinion.
Interested parties have until March 3, 2026, to file comments with the court regarding the amendment. The court established specific filing procedures depending on the commenter's status. Attorneys in good standing with The Florida Bar must file comments electronically through the Florida Courts E-Filing Portal. Non-lawyers or attorneys not licensed to practice in Florida may use the Portal but are not required to do so.
For those unable to submit comments electronically, the court provided alternative filing methods. These individuals must mail or hand-deliver originally signed comments to the Florida Supreme Court, Office of the Clerk, located at 500 South Duval Street, Tallahassee, Florida 32399-1927. No additional copies are required for these alternative filing methods.
The court also established provisions for oral argument requests. Any person filing comments who wishes to participate in potential oral argument must submit a separate request for oral argument along with their written comments. The court indicated that oral argument may be scheduled in this case, though it did not commit to holding such proceedings.
The amendment carries an effective date of January 1, 2026, at 12:01 a.m. The court specifically noted that "the filing of a motion for rehearing shall not alter the effective date of this amendment," ensuring the timeline remains fixed regardless of any subsequent challenges or requests for reconsideration.
This procedural amendment represents the Florida Supreme Court's exercise of its constitutional rulemaking authority. Article V, Section 2(a) of the Florida Constitution grants the court broad power to "adopt rules for the practice and procedure in all courts," which forms the constitutional foundation for this amendment.
The court's decision to amend Rule 2.140 on its own motion, without prior public comment, reflects the court's view of its inherent constitutional authority over judicial administration. This approach differs from typical administrative rulemaking processes that often include advance notice and comment periods before rule adoption.
The timing of this amendment, occurring in December 2025 with a January 2026 effective date, provides minimal transition time for court practitioners and administrators who must adapt to the new procedures. However, the 75-day comment period allows for post-adoption input that could influence future interpretations or modifications of the amended rule.
This amendment affects all courts within Florida's judicial system, as Rule 2.140 governs the process for modifying the Florida Rules of General Practice and Judicial Administration, which apply statewide. Legal practitioners, court administrators, and other interested parties in Florida's judicial system should review the specific changes outlined in the opinion's appendix to understand how rule amendment procedures will change under the new framework.
The case, designated as No. SC2025-1750, represents an original proceeding focused specifically on Florida Rules of General Practice and Judicial Administration, demonstrating the court's ongoing oversight of its rulemaking processes and procedures.