IN RE: AMENDMENTS TO the FLORIDA PROBATE RULES—2018 FAST-TRACK REPORT. (2018)

In response to recent legislation, The Florida Bar's Probate Rules Committee (Committee) has filed an out-of-cycle, fast-track report ¹ proposing amendments to Florida Probate Rule 5.025 (Adversary Proceedings). We have jurisdiction ² and adopt the amendments as proposed.

The proposed amendments address the enactment of section 825.1035, Florida Statutes (2018), in chapter 2018-100, section 2, Laws of Florida, which became effective July 1, 2018.³ The Executive Committee of the Board of Governors of The Florida Bar unanimously approved the Committee's proposals. The Committee did not publish the proposals before filing them with the Court. After considering the Committee's proposals and the relevant legislation, we amend the Florida Probate Rules as proposed.

We amend subdivision (a) of rule 5.025 to add proceedings for an injunction under section 825.1035 to the list of adversary proceedings. Specifically, we include “obtain an injunction or temporary injunction pursuant to section 825.1035, Florida Statutes” to the first sentence of rule 5.025(a).

Next, we amend rule 5.025(d)(1) to exclude proceedings under section 825.1035, Florida Statutes, from the formal notice requirements of rule 5.025 because section 825.1035(7) contains its own notice and service requirements. Additionally, section 825.1035(5) authorizes the issuance of temporary injunctions ex parte in certain circumstances.

Finally, we add a new revision note to rule 5.025 to detail the aforementioned amendments as well as a new statutory reference to section 825.1035, Florida Statutes.

Accordingly, the Florida Probate Rules 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 take effect immediately upon the release of this opinion. Because the amendments were not published for comment prior to their adoption, interested persons shall have sixty days from the date of this opinion in which to file comments with the Court.⁴

It is so ordered.

APPENDIX

FOOTNOTES

1.   See Fla. R. Jud. Admin. 2.140(e).

2.   See art. V, § 2(a), Fla. Const.

3.   See ch. 2018-100, § 6, Laws of Fla.

4.   All comments must be filed with the Court on or before November 26, 2018, with a certificate of service verifying that a copy has been served on Committee Co-Chair Theodore Stanley Kypreos, 505 S. Flagler Drive, Suite 1100, West Palm Beach, Florida 33401-5950, tkypreos@jonesfoster.com, and Committee Co-Chair Cristina Papanikos, 600 Brickell Avenue, Suite 3500, Miami, Florida 33131-3090, cpapanikos@gunster.com, and on the Bar Staff Liaison to the Committee, Heather Telfer, 651 E. Jefferson Street, Tallahassee, Florida 32399-2300, htelfer@floridabar.org, as well as 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. The Committee Co-Chairs have until December 17, 2018, to file a response to any comments filed with the Court. 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, 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.

PER CURIAM.

CANADY, C.J., and PARIENTE, LEWIS, QUINCE, POLSTON, LABARGA, and LAWSON, JJ., concur.