Clarifies incorporation to new Supreme Court rules of General Practice

 

DEPARTMENT OF MANAGEMENT SERVICES

Division of Administrative Hearings

RULE NO.:RULE TITLE:

60Q-6.126Disqualification or Recusal of Judges

PURPOSE AND EFFECT: Clarifies incorporation to new Supreme Court rules of General Practice

SUMMARY: Adopts Fla. R. Gen. Prac. & Jud. Admin. 2.330

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein:

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 440.45(1)(a), (4) FS.

LAW IMPLEMENTED: 440.192, 440.45(1)(a), (4) FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: David Langham

[e-mail], [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

60Q-6.126. DISQUALIFICATION OR RECUSAL OF JUDGES Disqualification or Recusal of Judges

(1) Any motion for disqualification of a judge shall be made and determined pursuant to Fla. R. Jud. Admin. Fla. R. Gen. Prac. & Jud. Admin. 2.330.

(2) Upon entry of an order of disqualification or after the voluntary recusal of a judge, the Deputy Chief Judge shall re-assign the case to another judge.

Rulemaking Authority 440.45(1)(a), (4) FS. Law Implemented 440.442, 440.45(1)(a), (4) FS. History–New 2-23-03, Amended 10-31-12. [Date].

 

NAME OF PERSON ORIGINATING PROPOSED RULE: David Langham, [e-mail], [phone].

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Peter Antonacci

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 01, 2021

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 10/14/2021