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S.D. Fla. Local Rule 88.1 — Appointment Of Counsel For Indigent Defendants In — the district court's own Local Rule, verbatim from the 2025 Local Rules book (effective December 1, 2025), official PDF, sha-custodied. Court-level requirement: applies in every S.D. Fla. courtroom alongside any judge-specific preferences.
CRIMINAL PROCEEDINGS The appointment of counsel and counsel’s obligations in the representation of indigent defendants in criminal proceedings pursuant to Federal Rule of Criminal Procedure 44 shall be in accordance with the “Plan of the United States District Court for the Southern District of Florida Pursuant to the Criminal Justice Act of 1964, as Amended.” The current plan is available on the Court’s website (www.flsd.uscourts.gov). Effective December 1, 1994. Amended effective April 15, 2007; December 3, 2012; December 1, 2015. Authority (1993) Former Local Rule 17, updated. RULE 88.2. POST CONVICTION, HABEAS CORPUS, AND CIVIL RIGHTS PROCEEDINGS (a) The following petitions, motions, and complaints must substantially follow the forms, if any, prescribed by the Court and obtained from the Clerk of the Court upon request: (1) Petitions for writ of habeas corpus pursuant to 28 U.S.C. § 2241 (common law habeas corpus), (2) Petitions for writ of habeas corpus pursuant to 28 U.S.C. § 2254 (state prisoner attacking conviction), (3) Motions to Vacate pursuant to 28 U.S.C. § 2255 (federal prisoner attacking conviction), (4) Civil rights complaints pursuant to 42 U.S.C. § 1983 (Constitutional deprivation under color of state law), (5) Civil rights complaints pursuant to Bivens v. Six Unknown Federal Narcotics Agents, 403 U.S. 388 (1971) (Constitutional deprivation under color of federal law). Each must be signed under penalty of perjury by petitioner/movant or by a person authorized to sign it for petitioner/movant and, together with filing fee, if any, shall be filed in the Clerk’s Office and served according to Federal Rule of Civil Procedure 5. 64 (b) When a petition, motion to vacate, or complaint is submitted in forma pauperis, the petitioner/movant/plaintiff shall submit the form “Application to Proceed Without Prepayment of Fees and Affidavit,” which may be obtained from the Clerk of the Court, or an affidavit which substantially follows the form, and shall, under oath, set forth information which establishes that he or she is unable to pay the fees and costs of the proceedings referenced above. Effective December 1, 1994. Amended effective April 15, 2007; April 15, 2010; April 15, 2011; December 1, 2011; December 1, 2015. Authority (1993) Former Local Rule 18. RULE 88.3. PETTY AND CERTAIN MISDEMEANOR OFFENSES (a) Covered Offenses . This Rule shall apply to petty offenses, as defined in 18 U.S.C. § 19, and to certain misdemeanors as shall be identified from time to time by the Court in collateral schedules. Collectively, these petty offenses and identified misdemeanors shall be referred to for purposes of this Rule as “covered offenses.” (b) Collateral and Mandatory Appearance . (1) Covered offenses that are committed on or within the perimeter of Federally-owned or controlled buildings or within the boundaries of National Parks, Preserves, Historic Sites, or Government Reservations, including but not limited to military installations, and violations under various Treaties and Wildlife Acts, for which collateral may be posted and forfeited in lieu of appearance by the person charged, together with the amount of collateral to be posted and offenses for which a mandatory appearance is required shall be in accordance with schedules which may from time to time be approved by the Court and filed with the Clerk of the Court. (2) Collateral may not be posted for any covered offense if the alleged violator has previously been convicted of any such offense. (c) Forfeiture of Collateral. (1) Any person issued a violation notice for a covered offense for which collateral can be posted may, upon request of the issuing officer, post the required amount by placing cash, personal check or money order in the official violation notice envelope and, after sealing same, delivering it to authorized personnel at a designated office where a receipt will be given. All such envelopes received will be forwarded via mail each day, except for those containing cash which shall be personally delivered to the Clerk of the Court. (2) The posting of collateral shall signify that the offender does not wish to appear nor request a hearing before the Judge. Collateral so posted shall be forfeited to the United States and the proceedings shall be terminated. 65 (d) Failure to Post Collateral. (1) If a person charged with a covered offense for which collateral is required fails to post and forfeit collateral, any punishment, including fine, imprisonment or probation may be imposed within the limits established by law upon conviction by plea or after trial. (2) No person shall be detained for failure to post collateral for a covered offense for which collateral may be posted unless the person is placed under arrest. (e) Arrest . Nothing contained in these Local Rules shall prohibit a law enforcement officer from arresting an alleged violator for the commission of any offense, including those for which collateral may be posted or mandatory appearance required, and forthwith notifying a Magistrate Judge for the purpose of appearance or setting bail. (Schedule of fines and mandatory appearance is on file with Clerk’s Office and agencies charged with enforcement thereof.) Effective December 1, 1994. Amended effective April 15, 2006; April 15, 2007; April 15, 2009; April 15, 2010; December 1, 2011, December 1, 2015; December 2, 2019. Authority (1993) Former Local Rule 22. (2011) Amended to merge Local Rule 88.4 into Local Rule 88.3.
CRIMINAL PROCEEDINGS The appointment of counsel and counsel’s obligations in the representation of indigent defendants in criminal proceedings pursuant to Federal Rule of Criminal Procedure 44 shall be in accordance with the “Plan of the United States District Court for the
Establishes a Traffic Violations Bureau within the Clerk of the County Court under Fla. R. Traf. Ct. 6.100(a) (Burnstein, C.J., Nov. 1, 1988).
Approves the National Highway Safety Council Defensive Driving course as a school to which traffic courts may require attendance (Fla. R. Traf. Ct. 6.110(a)).
Designates the D.W.I. Counterattack School (Broward County Commission on Alcoholism) as an approved school for court-ordered attendance (Fla. R. Traf. Ct. 6.110(a)).