May 29, 2026

The Florida Supreme Court (the “Court”) amended Florida Rule of General Practice and Judicial Administration 2.515(d)(2) (the “Rule”) to require every signer of a court filing to represent that all legal authorities cited in the filing exist and are accurately cited. The amendment takes effect June 15, 2026, and applies to both attorneys and self-represented litigants. The Court adopted the change amid concerns that generative artificial intelligence (“AI”) tools can produce fabricated or inaccurate legal authorities, often referred to as “AI hallucinations”.

The revised rule also expressly authorizes lower courts, either on its own motion or the motion of a party, to impose sanctions when a filing contains legal authorities that do not exist or are inaccurately cited. Available sanctions include reprimand, contempt, striking the filing, dismissal of proceedings, costs, attorneys’ fees, and other appropriate remedies after notice and an opportunity to be heard. In a separate administrative order, the Court prohibited lower courts from imposing their own local AI disclosure or certification requirements and instead established a uniform statewide standard governing citation accuracy in court filings.

Finally, the Florida Supreme Court’s new approach differs from some federal court AI disclosure requirements. The latter may focus more on disclosure and certification of AI use. Instead, Florida’s amended rule focuses on the accuracy of cited legal authorities regardless of whether AI assisted in preparing the filing.  For mortgage servicers, investors, and foreclosure practitioners, the amendment reinforces the importance of independently verifying all cited legal authorities before filing documents with the lower Florida courts.

To be clear, the amendment to the Rule does not require a separate certification or disclosure. Instead, it creates an attestation by virtue of the signer’s signature that the legal authorities cited in the court filing exist and are accurately cited.

Click HERE to read more on the amendment.

Click HERE to read more on the administrative order.

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If you have questions about this publication, please contact Adam Friedman, Ralph Vartolo or Michael DeRosa,
Friedman Vartolo LLP, 1325 Franklin Avenue, Suite 160, Garden City, NY 11530, Phone: (212) 471-5100 | Fax: (212) 471-5150.