EXCERPT: “WHEREAS, Administrative Order #79-2 created the Office of the Domestic Relations Commissioner of the Circuit Court of the Eighteenth Judicial Circuit for Seminole County, to administer the central governmental enforcement system and to serve under the direction, and at the pleasure, of the Administrative Judge of the Family Department of Circuit Court as the court’s representative on all domestic relations enforcement matters; WHEREAS the Domestic Relations Commissioner is authorized to hold hearings, to take testimony, and to act as Special Master; (Open AO for more information.)”

Additional Information:

• Florida Rules of Court Procedure 1.490(d)
• Florida Rules of Court Procedure 1.020(b)(3)(iii)
• Florida Rules of Court Procedure 1.020(b)(3)(iv)
• Florida Statues Section 61.181(5)
• Florida Statues Section 28.212

EXCERPT: “In order to implement Rule 3.130(b) Rules of Court Procedure to insure that necessary papers are present in the court file at First Appearances, and to properly affix responsibility therefore, it is, upon consideration, ORDERED and ADJUDGED: The Sheriff of Seminole County, Florida, shall be responsible for the delivery of all original court documents to the Clerk of the Court of any prisoner confined in the Seminole County Jail prior to the prisoner’s First Appearance, said documents to include in all cases the following: (Open AO for more information.)”

WHEREAS the Clerk of the Court does not accept all support payments from a support obligor, without an order or final judgment directing the payment and disbursal of such funds;

WHEREAS there is often a two-to-four-week delay between the starting date of the support obligation and the preparation of the order or final judgment;

WHEREAS during the delay period, many obligors send money orders by mail, which are placed in the Court file, or personally deliver payments in cash to the Clerk, which payments are refused. The refusal of accepting payments further delays the process, discredits the credibility of the judicial system, and prejudices the payors and payees against the system.

NOW THEREFORE IT IS ORDERED: The Clerk of the Court shall accept all support payments in all cases where support is prayed for and where a support order is forthcoming and shall record the date such payments are made. Upon receipt of the order for support, the Clerk shall disburse the funds without delay.

DONE AND ORDERED in Chambers, at Sanford, Seminole County, Florida, this 12th day of October 1981.

This Court being aware that certain Capias related admissions to the Brevard County jail create administrative problems and delays with such admissions, therefore:

IT IS ORDERED that all persons brought to the Brevard County jail, under authority of a Capias, shall immediately be admitted to the jail and processed into the judicial system as any other persons would be processed into the judicial system.

DONE AND ORDERED IN Chambers at the Brevard County Courthouse, Titusville, Florida, this 3rd day of August 1982.

EXCERPT: “WHEREAS, in keeping with the court’s responsibility to the public, the Circuit Judges of the Eighteenth Judicial Circuit therefore are especially concerned that justice be served by adherence to and consideration of the factors involved in its application, and WHEREAS, if any part of the Criminal Justice System fails to perform its duty in regard to compliance with the Speedy Trial Rule, the operative interests of all its other parts are rendered null and void, and WHEREAS, there exists an evident need to establish a uniform policy and procedure, it is therefore, hereby, (Open AO for more information.)”

Having been advised of the fact that certain investigative reports and other instruments relating to adoptions are occasionally filed subsequent to the entry of the Final Judgment after the court files have been sealed, the court is of the opinion that it is necessary to preserve the confidentiality of such proceedings pursuant to Chapter 63 Section 162 – 2024 Florida Statutes; it is therefore ORDERED AND ADJUDGED that the following persons, to wit:

• Michael Karas, Civil Law Coordinator
• Patricia Smith, Civil Law Supervisor
• Loraine Harrison, Family Law Supervisor,
• or their successors,

as employees of the Clerk of the Circuit Court, Brevard County, Florida, are authorized to insert into each appropriate court file any and all loose pleadings relating to an adoptive proceeding requiring such action and then reseal, sign, and note the date when this function is performed.

DONE AND ORDERED in Chambers at Rockledge, Florida, this 13th day of January 1983.

Sec. 316.193(4) F.S. directs the court on first conviction of DUI to order the defendant to participate in a public service community work project for a minimum of 50 hours. Due to this mandate, a need exists for such defendants to be monitored. There exists a County Court Probation Department in Seminole County willing to provide such supervision and the court desiring that probation department to furnish supervision.

IT IS ORDERED that all DUI cases coming before the court in Seminole County, and the court ordering community service, the County Court Probation Department in Seminole County will monitor and appropriately report, and if necessary and desired by the court supervise such defendant as the court may order.

DONE AND ORDERED in Chambers at the Rockledge Branch Courthouse, Rockledge, Florida, this 29th day of September 1983.

It appearing to the Court that the Clerk does no have storage space, nor the physical conditions conducive to the preservation of certain exhibits submitted as part of depositions or other pleadings such as X-rays, voluminous medical records, construction plans, maps, replicas, models, or facsimiles of items alleged in either the plaintiff(s)or defendant(s) allegations, it is therefore
ORDERED AND ADJUDGED that the Clerk is hereby directed and authorized upon giving due notice by mail to attorneys of record and also to the party who filed such exhibits where the name and address of such party is apparent from an examination of the court file, in every action other than criminal proceedings, wherein a Final Judgment or Order of Dismissal has been rendered over ninety days and no appeal is pending, or can be made, either to release to a party or attorney of record upon their request, or if no request, destroy the itemized exhibits within thirty days following such notification.

DONE AND ORDERED in Chambers at Sanford, Seminole County, Florida, this 29th day of June 1983.

Florida Rules of Judicial Administration Rule 2.075(f)(2)

It appears to the Court that attorneys in felony trials are requesting jury instructions orally or by typed sheet containing only the instruction numbers. This is an unsatisfactory practice. It is thereupon ORDERED as follows:

1. That effective September 1, 1985, attorneys representing the State of Florida and Defendants in felony criminal cases in Brevard County, shall each prepare and present to the trial Judge, a complete set of typed final jury instructions which the attorneys wish the Court to give.
2. Said instructions shall be typed on separate sheets of 8 1/2 x 11 paper and shall not contain citations of authority, since the instructions may, in the Court’s discretion, be both read and submitted to the jury.

ORDERED at Rockledge, Brevard County, Florida, this 18th day of September 1985.

EXCERPT: “The 1975 legislature abolished misdemeanor probation services to County Courts previously furnished by Florida Probation and Parole. The Salvation Army provided such services in Brevard County until August 18, 1986. Effective that date, the “Court Services Program” was created by the Brevard County Commission to assume probation services for Misdemeanants placed on probation. It is thereupon (Open AO for more information.)”

EXCERPT: “WHEREAS, Florida Rules of Civil Procedures 1.490(b) specifically provides for the appointment of a person other than a member of the Florida Bar as Special Master upon a showing that the appointment is advisable, and WHEREAS, the Resident Circuit Court Judges of Seminole County, Florida, have determined that the use of Special Masters in certain uncontested dissolution of marriage proceedings is desirable in order to help alleviate the congestion in the Civil Division of the Circuit Court of Seminole County, and to better enable the judges to comply with the time standards established by the Florida Supreme Court. It is, therefore, (Open AO for more information.)”

EXCERPT: “Where an attorney is scheduled to appear before two or more judges at the same time and cannot arrange for other counsel in his or her firm or in the case to represent the client’s interest, the attorney shall give prompt written notice to opposing counsel and the presiding judge of each case of the conflict. The judges shall confer and undertake to avoid the conflict by agreement among themselves. Absent agreement, conflicts should be promptly resolved by the judges in accordance with the following priorities: (Open AO for more information.)”

WHEREAS, the Legislature has passed a law regarding saltwater fishing licenses codified in F.S. 370.0605(1) (1989), which provides that a violation thereof constitutes a non-criminal infraction, and WHEREAS, it would reduce the number of mandatory court appearances if a set fine amount is set forth in advance, NOW, THEREFORE, IT IS ORDERED: That any law enforcement officer in Brevard County, Florida, who cites a person for violation of F.S. 370.0605(1) is authorized to set forth payment of a civil penalty in the sum of $35.00 in lieu of a mandatory court appearance. Furthermore, the Clerk of the Court is authorized to accept a civil penalty of $35.00 prior to a court appearance assigned to a person for violation of this section. ORDERED at Sanford, Seminole County, Florida this 5th day of April 1990.

EXCERPT: “IT IS ORDERED, that the Brevard County Sheriff is authorized to in lieu of perfecting service on said bench warrants that a notice to appear is to be issued by the Sheriff and served on the parent or guardian of the child with the same court date as appears on the bench warrant with the bench warrant attached thereto the notice to appear. Every effort is ordered to be made to serve the notice to appear on the parent or guardian of the named child in the bench warrant. This service upon the parent or guardian is in behalf of the child and shall in all instances direct that the child be produced in Court to answer to the charge. (Open AO for more information.)”

EXCERPT: “Application. This order shall apply to resolve inter-circuit scheduling conflicts. In cases of equal dignity, the oldest case shall have priority. The date of filing shall determine the age of the case. Criminal defendants in custody shall have priority over other criminal defendants. (Open AO for more information.)”

Additional Information:

• Rule 3.191 (i)
• Rule 3.850

EXCERPT: “The Court has been made aware that F.S. 61.14 (Enforcement and modification of support, maintenance, or alimony agreements, or orders) has been declared constitutional by the Supreme Court of Florida. State exrel. Pittman v. Stanleski, 562 So.2d 673 (Fla. 1990). Implementation of that statute has caused questions of location application. In order to implement a local procedure to efficiently process objections filed pursuant to F.S. 61.14(5)(c) . . . (Open AO for more information.)”

Additional Information:

• Florida Statutes Section 61.14
• Florida Statutes Section 61.14(5)(c)
• Supreme Court of Florida. State exrel. Pittman v. Stanleski, 562 So.2d 673 (Fla. 1990)

91-111-B (91-111-Ci-B): DESTROYING MINOR AMOUNTS OF PERISHABLE SALTWATER PRODUCTS – ORDERED 10/04/1991 BY JOHN ANTOON

EXCERPT: “The Circuit Judges have determined that the case assignment method to be followed in assigning filings for post judgmental relief in civil cases will be as follows until the further Order of this Court. This Order modifies the General Order dated August 19, 1975, and the Amended Administrative Order #86-30-B. (Open AO for more information.)”

91-75-B (91-75-Ci-B): FILING OF ORIGINAL WARRANTS AND BOND INFORMATION WITH THE CLERK OF BREVARD COUNTY – ORDERED 6/25/1991 BY O.H. EATON, JR.

91-76 (91-76-Ci): LIMITS ON INTERVIEWS OF CHILD ABUSE VICTIMS UNDER THE AGE OF SIXTEEN – ORDERED 6/25/1991 BY O. H. EATON, JR.

91-79 AMENDED (91-79-Ci-AMENDED): ALL CRIMINAL DEFENDANTS IN THE COUNTY COURTS OF BREVARD AND SEMINOLE COUNTIES, EIGHTEENTH JUDICIAL CIRCUIT, REPRESENTED BY THE OFFICE OF THE PUBLIC DEFENDER – ORDERED 12/05/1991 BY JOHN ANTOON II

92-13 (92-13): VIOLATION OF PROBATION OR COMMUNITY CONTROL AND MODIFICATIONS OF PROBATION AND COMMUNITY CONTROL, SUPERSEDES 90-48-S (90-48-Ci-S) – ORDERED

EXCERPT: “With regard to court costs in county court, it is ORDERED Administrative orders 80-11, 86-21-T, and 93-84-S are hereby rescinded. (Open AO for more information.)”

EXCERPT: “Whereas, it has been brought to the Courts attention that the Brevard County Board of County Commissioners approved an expansion of the Pretrial Release Program to include Community Supervision and the collection of a Cost of Supervision fee pursuant to F.S. 907.041(1)(3) and F.S. 948.09(1)(3)(6), and Whereas, it is necessary to define the role and scope of such program. . . (Open AO for more information.)”

93-13-B: FEES – RESTITUTION AS A CONDITION OF PRETRIAL DIVERSION RE: UNIFORM PROCEDURE FOR THE COLLECTION AND DISBURSEMENT OF PAYMENTS – ORDERED 2010 BY J. PRESTON SILVERNAIL

EXCERPT: “WHEREAS, administrative orders from time to time become obsolete; it is ORDERED The following administrative orders are hereby rescinded:
All recorded orders dated on or before December 31, 1973;
All recorded orders dated January 1, 1975 through December 31, 1975;
All recorded orders dated January 1, 1977 through December 31, 1977;
All recorded orders dated January 1, 1978 through December 31, 1978;
Un-numbered orders recorded in the Seminole County Official Records Book as follows: (Open AO for more information.)”

EXCERPT: “This action is taken in order to set a uniform policy regulating the transport of prisoners from the John E. Polk Correctional Facility to the Seminole County Courthouse for appearance at proceedings in the Circuit Court Criminal Division. IT IS ADJUDGED: (Open AO for more information.)”

EXCERPT: “The Florida Legislature amended F.S. 34.01 in the 1990 session thereby changing the civil jurisdiction of the Circuit and County Courts. This Order is entered to implement that legislation. IT IS ADJUDGED: (Open AO for more information.)”

Additional Information:

• Florida Statute Section 34.01
• Florida Rules of Court Rule 1.611(c)

93-16: TRUSTS – FILING OF COURT CASES RE: ALL CASES RELATING TO THE ADMINISTRATION OF TRUSTS SHALL BE FILED IN THE PROBATE DIVISION OF THE CIRCUIT COURT – ORDERED 2/09/1993 BY JOHN ANTOON II

93-71-B (93-71-T-B): TRAFFIC – SERVICE OF WITNESS SUBPOENAS, SUPERSEDES 86-3-CI-B – ORDERED 4/08/1993 BY JOHN ANTOON II

EXCERPT: “The Administrative Order entered by Chief Judge Clarence T. Johnson, Jr. on December 2, 1974, and recorded OR 1494, Page 466 is hereby rescinded.
DONE and ORDERED in the Eighteenth Judicial Circuit of the State of Florida, Brevard County, Florida, this 26th day of April 1993.”

EXCERPT: “WHEREAS law clerks have special ethical obligations as a result of their employment with the court; NOW, THEREFORE, it is ORDERED that the attached Code of Conduct for Law Clerks is adopted to govern the activities of the law clerks on the court’s staff in the Eighteenth Judicial Circuit. DONE and SIGNED in the Eighteenth Judicial Circuit of the State of Florida, Brevard County, this 15 day of August 1994.”

EXCERPT: “Persons who have been assigned community service by the County Court of Seminole County as a condition of probation or otherwise, need medical insurance while performing such community service. Costs of such coverage as of June 3, 1994, has been determined to be $3.95 for each fifty (50) hours of community service, or portion thereof. It is thereupon ORDERED as follows: (Open AO for more information.)”

EXCERPT: “WHEREAS, it is advisable and beneficial to establish an orderly procedure for scheduling mediation facilities, to provide an orderly rotation list for utilization of Mediators, and to maintain records as to results in cases mediated by each Mediator; IT IS ORDERED that: (Open AO for more information.)”

EXCERPT: “Whereas effective October 1, 1993 the Supreme Court of Florida adopted a Policy Statement and a Civil Rights Complaint Procedure both of which address sexual harassment and other forms of discrimination; and Whereas the Eighteenth Judicial Circuit has adopted the Supreme Court Policy statement and a Civil Rights Complaint Procedure based on the Supreme Court Procedure; It is ordered that Administrative Order 91-132 IN RE: SEXUAL HARASSMENT is rescinded as it is replaced by the Supreme Court Policy Statement and the Eighteenth Judicial Circuit Civil Rights Complaint Procedure. DONE and ORDERED this 12th day of January 1994.”

EXCERPT: “WHEREAS administrative orders from time to time become obsolete; IT IS ORDERED that the following administrative orders are hereby rescinded:
79-4 Ci-S IN RE: GARNISHMENT CIVIL AND SUMMARY CLAIMS DIVISION, dated November 19,1979.
93-45-B IN RE: COURT REPORTER – ASSIGNMENT OF CRIMINAL AND JUVENILE CASES, dated March 11,1993.
Done and Ordered this 13th day of January 1995.”

EXCERPT: “WHEREAS administrative orders from time to time become obsolete; IT IS ORDERED that the following administrative orders are hereby rescinded:
74-8-Ci IN RE: JUVENILE PETITIONS
74-27-Ci-S IN RE: REQUESTS FOR CONTINUANCE FOR THE OFFICE OF THE STATE ATTORNEY
74-28-Ci-S IN RE: SUMMONS – RETURNED COPIES FROM THE SHERIFF’S OFFICE
80-5-Ju-S IN RE: JUDICIAL REVIEW OF DEPENDENCY CASES
82-3-Ju-S IN RE: JUVENILE PROCEDURES, SEMINOLE COUNTY 1982 – HRS
82-15-Ju-S IN RE: USE OF NOTICES TO APPEAR, ETC. IN JUVENILE DIVISION, SEMINOLE COUNTY
Done and ORDERED this 9th day of JUNE 1995″

EXCERPT: “WHEREAS, the Florida Legislature has enacted Section 948.08(6)(a), Florida Statutes (1993), enabling the Chief Judge of the Eighteenth Judicial Circuit of Florida to approve a Pre-Trial Substance Abuse Education and Intervention Program; and . . . (Open AO for more information.)”

Additional Information: 

• Florida Statutes Section 948.08(6)(a)
• Florida Statutes Section 948.08(2)

EXCERPT: “Administrative Order No. 93-94-Ci was necessitated by the lack of appellate instruction on the equitable jurisdiction of county courts over matters within their monetary jurisdiction. The Supreme Court specifically addressed this matter in Alexdex Corporation v. Nachon Enterprises, Inc., 641 So. 2nd 858 (Fla. 1994).
Accordingly, Administrative Order No. 93-94-Ci is rescinded but any action taken pursuant thereto prior to this date shall not be affected by this order.
DONE and ORDERED this 20th day of January 1995.”

EXCERPT: “Whereas, Florida Statutes 948.09(7) states in part “… victim restitution payments authorized under S.948.03(1)(e) take precedence over all other court ordered payments …”, and Whereas, the establishment of a priority list for the payment of restitution, costs, fines and fees which are to be paid through the Department of Corrections, is necessary to ensure the prompt and efficient administration of justice; Now Therefore, in accordance with the authority vested in the undersigned as Chief Judge of the Eighteenth Judicial Circuit, under Rule 2.050 Rules of Judicial Administration, it is: ORDERED AND ADJUDGED: (Open AO for more information.)”

Additional Information:

• Florida Statutes Section 948.09(7)
• Florida Statutes Section S.948.03(1)(e)

EXCERPT: “IT IS ORDERED, that administrative order 89-36-Ci (s) is hereby rescinded. Done and Ordered this 22nd day of APRIL 1996.”

EXCERPT: “NOW THEREFORE, any domestic violence allegation or repeat violence allegation after the injunction has been issued, denied or dismissed shall be determined to be an original filing and not be considered a supplemental filing. All files involving the same parties, whether denominated initial petition for domestic violence injunction, supplemental petition for domestic violence injunction, regardless of the party who is the petitioner shall be presented to the court when any matter is brought before it. (Open AO for more information.)”

Additional Information:

Florida Statute(s) §741.30, §784.046

Rules of Civil Procedure Rule 1.110(h)

EXCERPT: “IT IS ORDERED, that administrative order 95-35-B is hereby rescinded. Done and Ordered this 3rd day of December 1996.”

EXCERPT: “It appearing that evidence relevant to the issue of incapacity under Section 744.331 Florida Statutes should be preserved should there be a subsequent petition to determine incapacity under Section 744.3201 Florida Statutes or a suggestion of capacity under Section 744.464 Florida Statutes, IT IS ORDERED, that the Clerk of the Court shall preserve any evidence admitted under Section 744.331 Florida Statutes in a hearing to determine incapacity for a period of ten (10) years from the date said evidence was introduced. DONE AND ORDERED this 22nd day of FEBRUARY 1996.”

Additional Information:

• Florida Statute 744.3201
• Florida Statute 744.331
• Florida Statute 744.464

EXCERPT: “WHEREAS it is necessary from time to time to establish policies for the Judicial Branch separate from those of Brevard County. NOW THEREFORE It is hereby ordered that a majority of the judges of this county may approve administrative, financial, and personnel policies when necessary to the independent operation of the Judicial Branch. Done and Ordered this 14th day of MAY 1997.”

EXCERPT: “WHEREAS there are instances that temporary child support is ordered prior to the filing of a paternity action. WHEREAS any such temporary child support order should be consolidated with the subsequently filed paternity action and any arrearage or credit outstanding in the aforementioned child support order should be transferred to the paternity action. It is thereupon, ORDERED: That where there is first a temporary child support order and a subsequently filed paternity action, the temporary child support order shall automatically be consolidated with the paternity action and arrearages or credits from the prior child support order will be transferred to the paternity action. This order will take effect immediately and will be applicable only to cases filed after the date of this order. DONE AND ORDERED this 14TH day of MAY 1997.”

EXCERPT: “WHEREAS there are instances where the final judgment in a dissolution of marriage action is silent as to the date child support payments are to commence.
WHEREAS, when the final judgment is silent as to the commencement of child support payments, there must be a default schedule to determine deadlines for payment of child support. It is thereupon, ORDERED: (Open AO for more information.)”

EXCERPT: “WHEREAS there are instances in a dissolution of marriage action where prior to the conclusion of the action an order for temporary child support has been entered and an arrearage has accrued but the final judgment does not address this arrearage. WHEREAS the law is clear that when there is an arrearage from a temporary child support order and the arrearage is not addressed in the final judgment the arrearage is voided and no longer collectible. It is thereupon, ORDERED: That the Clerk of the Court for Brevard County shall be authorized to zero out the arrearage that exists in their records as a result of a temporary child support order when a final judgment of dissolution of marriage is entered which does not address or include any provisions regarding the temporary support arrearage.
This order will take effect immediately. DONE AND ORDERED this 14TH day of MAY 1997.”

EXCERPT: “It is hereby Ordered: That any judge conducting jail duty in Brevard County, Florida, shall conduct, juvenile delinquency initial proceedings and juvenile delinquency detention reviews (domestic violence and contempt) at the Brevard County jail when juvenile court is not in session. Done and Ordered this 19th day of June 1997.”

EXCERPT: “This order is entered for the purpose of regularizing bail bond motion practice authorized pursuant to Chapter 903, Florida Statutes. (Open AO for more information.)”

Additional Information:

Florida Statutes Sections 903.26, 903.27 or 903.28

EXCERPT: “WHEREAS administrative orders from time to time become obsolete.
IT IS ORDERED that the following administrative orders are hereby rescinded:
80-7-Ci-(F)-S IN RE: Filing of Pleadings and Papers in Domestic Cases
80-8-Ci-(F)-S IN RE: Prompt Compliance with Requests for Enforcement of Self-Executing Orders of Support
84-1-Ci-(F) IN RE: Closing Certain URESA Files Where Florida is the Initiating State
84-2-Ci-(F) IN RE: Closing Certain URESA Files Where Florida is the Responding State
86-15-Cr-(B) IN RE: Florida Crime Information Center
90-9-Ci-B IN RE: Duties of Jail Oversight Review Committee Concerning Persons Arrested for Violation of Domestic Violence Injunctions, Repeat Violence Injunctions or on Orders for Arrest in Family Law Cases
90-65-Ci-S IN RE: Official Court Reporter – Seminole County
91-119-Ci-B IN RE: Assignment of Civil Cases Involving Northeast Mortgage Corporation, George R. Newman, State Finance Corporation and Merritt Island Enterprises Services, Inc.
92-14-Ci IN RE: Emergency Mental Health and Probate Matters
92-51-Ci-S IN RE: Domestic Violence – Filing Supplemental Petitions
93-66-B IN RE: Courthouses- County Court Scheduling for Overcrowding at the Melbourne Courthouse
96-29 IN RE: Judges – Caseload Assignment – Temporary Assignment of Cases Assigned to Judge Rainwater and O.H. Eaton, Jr.
97-2-S IN RE: Assignment of Trial Clerks Seminole County
97-26-B IN RE: Jury – Districts for Brevard County (This order is to be rescinded effective January 1, 1998)
DONE and ORDERED this 17th day of September 1997.”

EXCERPT: “It is hereby ORDERED, that in cases in which a surety desires to surrender a defendant, the Sheriff of Brevard County and all deputy sheriffs appointed thereunder, shall:
1. Take into custody, as on a commitment, the defendant when the defendant is delivered, along with a copy of the bond, to the Brevard County Jail.
2. Issue to the surety a certificate acknowledging the surrender of the defendant.
This order will take effect immediately.
DONE AND ORDERED This 11th day of DECEMBER 1997. (Open AO for more information.)”

Additional Information:

Florida Statutes Section 26.49, 30.07, 34.07, 43.26 (1), 43.26 (2), 43.26 (5), 903.20, 903.21 (1), 903.21 (2), 951.061

EXCERPT: “Upon the filing of a felony information by the State Attorney, the clerk of the court shall first determine if the person or persons named as defendants therein are in custody of the Sheriff of the county or if such person or persons are at large on bail for the same conduct or criminal episode giving rise to the crime charged in the felony information. If such person or persons are not in such custody or on such bond, the clerk of the court shall immediately issue a capias, in the form approved by the court, for the arrest of such person or persons. However, the clerk shall not issue a capias until such time as: (Open AO for more information.)”

EXCERPT: “IT IS ORDERED that the Eighteenth Judicial Circuit establish a policy outlining the transmission systems judicial branch employees will use to store official business e-mail that is not exempt from disclosure to the public either electronically or on hard copy. DONE AND ORDERED, this 11th day of April 1997. (Open AO for more information.)”

Additional Information:

Florida Rules of Judicial Administration Rule 2.051

EXCERPT: “IT IS ORDERED, that the following administrative orders are hereby rescinded:
96-8-B In Re: Caseload Assignments to Judge Frank Pound.
97-22-B In Re: Judges – Circuit Court Division Assignments.
Done and Ordered this 19TH day of JUNE 1998.”

EXCERPT: “Whereas the court system of Brevard County has certain needs that may be met through civil infraction costs, Now Therefore in order to provide a funding source to meet these needs, it is ORDERED that pursuant to the authority of the Chief Judge, the following costs are assessed for each civil traffic infraction as set out below; regardless of whether by plea or adjudicatory hearing.

Pedestrian Infraction $30.00
Nonmoving Traffic Infraction $30.00
Moving Traffic Infraction $30.00

This order shall be effective September 1, 1998. Done and Ordered this 22nd day of JULY 1998.”

EXCERPT: “Florida Statute 394.467(6) requires Baker Act hearings to “be as convenient to the patient as may be consistent with orderly procedure.” To be consistent with orderly procedure, while considering the convenience of the patient, Baker Act hearing locations should be minimized. Baker Act hearings shall be held at Seminole Community Mental Health Center when regarding patients residing there. All other Baker Act hearings shall be held at South Seminole Hospital located at 589 W State Road 434, Longwood, Florida 32750. Other participating facilities shall transport their patients to the hearings or cause their patients to be transported by order of the court. This order shall become effective on July 8th, 1998″

EXCERPT: “Whereas the Federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Welfare Reform Act) requires that states develop a State Case Registry and a State Disbursement Unit; and
Whereas, Chapter 98-397, Laws of Florida requires each depository to perform duties related to the operation and maintenance of the State Disbursement Unit and the non-Title IV-D components of the State Case Registry; it is thereupon
Ordered as follows:
1. At the time a proposed order affecting Child Support or Alimony is presented to the Court in a Title IV-D proceeding, the Department of Revenue shall also submit a completed Child Support/Alimony Worksheet, a copy of which is attached to this administrative order.
2. At the time a proposed order affecting Child Support or Alimony is presented to the Court in a non-Title IV-D proceeding, the obligee shall also submit a completed Child Support/Alimony Worksheet, a copy of which is attached to this administrative order.
This Order shall take effect upon entry of same.
Done and Ordered this 20TH day of NOVEMBER 1998.”

EXCERPT: “IT IS ORDERED, that the following Caseload Assignment – Reassignment of Cases Assigned to Judge Philip Fougerousse administrative orders are hereby rescinded:
95-13-B
95-37-B
96-14-B
DONE AND ORDERED this 14TH day of December 1998.”

EXCERPT: “IT IS ORDERED: that the attached Summons/Civil Citation Notice to Appear is approved and adopted by the Courts of Brevard County and may be used by any law enforcement agency to refer any of the above-described misdemeanor or civil infractions to the Court. DONE AND ORDERED this 16TH day of JANUARY 1998.”
(Open AO for more information.)”

IT IS ORDERED that administrative order 95-18-B is hereby rescinded. DONE and ORDERED this 4TH day of February 1998.

EXCERPT: “In accordance with the authority vested on the undersigned as Chief Judge of the Eighteenth Judicial Circuit under rule 2.050, Rules of Judicial Administration it is;
ORDERED AND ADJUDGED
As approved by the Brevard County Board of County Commissioners on August 25, 1998, that:
1. Brevard County Court Alternatives Services be authorized to assess a fee associated with drug testing by method of urinalysis and/or breathalyzer as conducted by Brevard County Court Alternative Services. Unless expressed in a court order, such fee shall be in the amount of $50.00 for unlimited testing each six-month sentence for those defendants assigned by the courts to Court Alternative Services or $10.00 per test for non-supervised court ordered referrals.
2. Unless the cost of supervision for a defendant placed on probation supervision with Court Alternative Services is expressed in a court order, it shall be at a rate of $50.00 per month in county court for Probation, Diversion, Community Supervision, Alternative Community Service, and Drug Court. Unless the cost of supervision for a probationer or community control is expressed in a court order, it shall be at a rate of $50.00 per month in circuit court.
Done and ordered this 15th day of October 1998.”

EXCERPT: “IT IS ORDERED, that the following administrative order is hereby rescinded effective June 30, 1999: 94-33-S: In Re: Mediation County Court Establishment of County Court Civil Mediation Services Program in Seminole County Done and Ordered this 20th day of MAY 1999.”

EXCERPT: “WHEREFORE, being fully advised of the opinion of the Attorney General 99-17, NOW THEREFORE, it is hereby ORDERED that the grand jury of Brevard County, Florida will henceforth convene at the Moore Justice Center in Viera, Florida, effective July 9, 1999. DONE and ORDERED this 18th day of JUNE 1999.”

EXCERPT: “NOW THEREFORE, by the authority vested in me as Chief Judge and pursuant to the Florida Rules of Judicial Administration, it is ORDERED:
1. That, pursuant to Florida Statute Section 943.325, any person (adult or juvenile) who is convicted or has previously been convicted and is still incarcerated in Florida for any offense defined in Section 782.04 (Murder), Sections 784.045, 812.133 (Carjacking) or Section 812.135 (Home-invasion) and who are within the confines of the legal state boundaries, shall be required to submit two specimens of their blood, each specimen being seven (7) cc’s in volume, to a Department of Law Enforcement designated testing facility as directed by the department within forty-five (45) days of the sentence with payment made in accordance with Florida Statute Section 943.325(10)(a). (Open AO for more information.)”

EXCERPT: “NOW THEREFORE, by the authority vested in me as Chief Judge and pursuant to the Florida Rules of Judicial Administration, it is ORDERED: 1. Blood Specimens from Persons Convicted of Certain Sexual Crimes: That, pursuant to Florida Statute Section 943.325, all persons (adults and juveniles) who are convicted, or have previously been convicted and are still incarcerated in Florida, for any offenses listed in chapter 794, to-wit: (Open AO for more information.)”

EXCERPT: “There are certain cases which should be retained by a judge which have been reassigned as a result of the annual rotation. These cases include, but are not limited to, cases in which there has been considerable judicial labor which will likely have to be duplicated and cases in which a judge has developed a certain area of expertise. The following procedures will be used to vacate the annual rotation assignment order in specific cases:
1. By the judge formerly assigned to the case.
The judge who was formerly assigned to the case may sua sponte enter an order vacating the assignment within sixty days after the case is reassigned. Reassignment after sixty days must be approved by the Chief Judge.
2. By any of the parties.
Any party may file a “Motion to Vacate Assignment” with the judge who was previously assigned to the case stating the grounds which justify the motion and may schedule a hearing before that judge for a determination of whether the case should be reassigned. If the judge determines that the case should be retained, the judge may enter an order vacating the reassignment.
Done and Ordered this 22nd day of July 1999.”

EXCERPT: “Whereas 948.06(1), Fla. Stat. (1997) holds that whenever there are reasonable grounds to believe that a probationer or offender in community control for a felony has violated his or her probation or community control in a material respect, any law enforcement officer or parole or probation supervisor aware of the probationary or community control status may arrest the probationer or offender without a warrant; Whereas 948.06(1), Fla. Stat. (1997) directs such officer to forthwith return the offender to the court granting such probation or community control; and Whereas, the offenders are being transported to the Brevard County Jail, and jail personnel are unclear what procedure to employ with the offenders because there is no arrest warrant and consequently the offenders are being released from jail before appearing before the court. It is necessary to hold the offenders in jail until they are brought before the court for first appearance. Therefore, it is Ordered that: (Open AO for more information.)”

EXCERPT: “From time to time, there are inmates in the Brevard County Detention Center who have been arrested pursuant to Writs of Bodily Attachments issued in family law cases for failure to appear and show cause at enforcement hearings concerning child support, alimony or attorneys’ fees.
IT IS ORDERED:
1. The First Appearance Judge shall see all such inmates and shall give effect to any purge amount set forth in the Writ of Bodily Attachment; and if there is no stated purge amount, then the First Appearance Judge shall set a purge amount, if appropriate. Additionally, the First Appearance Judge shall enter an Order for the arrestee to appear before the appropriate judge or hearing officer within 48 hours as designated by the chief judge. Prior to the end of the next business day after said First Appearance, the Clerk of the Court shall telephonically advise said judge’s judicial assistant or hearing officer of said person’s incarceration and forthwith send the judge or hearing officer and all parties in the case a copy of the Writ of Bodily Attachment, together with Form 923.01.
2. The Jail Oversight Review Committee shall immediately commence to monitor the above-described inmates and report to the judge or hearing officer whose order led to the arrest, any inmate who has been confined for 48 hours.
3. This order does not apply to inmates who are confined pursuant to Court Orders finding them to be in contempt of court and imposing a jail sentence without an opportunity to purge (criminal contempt) or imposing a jail sentence with an opportunity to purge (civil contempt).
Done and Ordered this 8th day of September 1999.”

EXCERPT: “IT IS ORDERED, that the following administrative order is hereby rescinded: In Re: Jail – Weekend Jail Program in Seminole County Done and Ordered this 12th day of November 1999.”

EXCERPT: “Community Controlees attending nonsecure residential treatment must have written court approval prior to participating in Approved Offender Leave (furlough program) or Community Service Programs, per the Department of Corrections Nonsecure Residential Treatment Programs Manual. Accordingly, a written court order granting approval needs to be authorized. (Open AO for more information.)”

EXCERPT: “WHEREAS administrative orders from time to time become obsolete; IT IS ORDERED that the following administrative orders are hereby rescinded:
80-4-Ci-S In Re: Summary Claims Division
81-5 (F)-S In Re: Stepparent Adoptions or Adoptions by Relatives within the Third Degree
92-37-Ci-B In Re: Domestic Violence – Bonds Assigned at First Appearance
92-49-Ci-B In Re: Probate and Guardianship – Waiver of Application for Appointment and Guardian Education Requirements Regarding Barbara Whitley
DONE and ORDERED this 22nd day of February 1999.”

IT IS ORDERED that administrative order 99-5-B is hereby rescinded. Done and Ordered this 1st day of June 2000.

00-20: ADMINISTRATIVE RULES – GIFT POLICY, JUDGES AND COURT EMPLOYEES ACCEPTING GIFTS FROM LAWYERS, VENDORS, AND OTHER THIRD PARTIES (PER FLORIDA SUPREME COURT JUDICIAL ETHICS ADVISORY COMMITTEE OPINION 2000-08) ORDERED 7/27/2000 BY J. PRESTON SILVERNAIL

In order to provide for a speedy, efficient and just sentencing hearing and sentencing, the Florida Department of Correction is hereby ordered to furnish copies of the Pre-Sentence Investigation (PSI) to counsel for the accused and the State Attorney at the same time the original is provided to the sentencing court.

DONE and ORDERED this 14th day of September 2000.

EXCERPT: “The Chief Justice, by memorandum, outlined the procedure authorizing Chief Judges to assign senior judges to individual circuits. The Judges of the Eighteenth Judicial Circuit, by majority vote, directed the Chief Judge to apply the priorities identified by the Chief Justice for assignment of senior judges.

Apart from the criteria for the assignment of senior judges, Chief Justice urges that senior judges are not used in lengthy or complex cases that will likely remain in the system for a long period of time or the use of a senior judge for short-term absences for active judges.

The use of senior judges for vacations is strongly discouraged in the instances where an active Judge may not reasonably be assigned. IT IS ORDERED that senior judges are to be used in
accordance with the following priorities: (Open AO for more information.)”

Additional Information:

In order to clarify the proper procedure as to filing, numbering, and assigning of cases initiated by the filing of Petitions for Involuntary Civil Commitment of Sexually Violent Predators pursuant to Section 394.14, Florida Statutes, commonly known as The Jimmy Ryce Act, IT IS ORDERED:

1. All cases initiated by the filing by the State Attorney of a Petition for Involuntary Civil Commitment of Sexually Violent Predators pursuant to Section 394.14, Florida Statutes, shall be filed in the civil division of this court, given a civil case number, and assigned to a judge in the criminal division of this court pursuant to the provisions of Administrative Order No. Amended 00-13-S 1. A. (3) dated November 27, 2000.
2. All cases presently pending pursuant to Section 394.14, Florida Statutes, that have not been assigned to the civil division shall be reassigned to the civil division, given civil division numbers by the clerk of this court, and assigned to the criminal division judge to whom they are currently assigned.

DONE and ORDERED this 20th day of February 2001.

Whereas, the Office of the Seminole County Property Appraiser has agreed to block the addresses of court staff (judicial assistants, family court evaluator, deputy clerks of court, and other court personnel deemed appropriate per the chief judge) upon order of the Court; and Whereas, the court is a criminal justice agency for the purposes of Chapter 119, Florida Statues; and Whereas, F.S. 119.07 exempts from public disclosure the home addresses of active or former law enforcement personnel; it is therefore ORDERED that the addresses and property records of court staff (judicial assistants, family court evaluators, deputy clerks of court, and other court personnel deemed appropriate per the chief judge) be blocked from public disclosure upon request.

DONE and ORDERED this 23rd day of April 2001.

Whereas, the Office of the Brevard County Property Appraiser has agreed to block the addresses of court staff (judicial assistants, family court evaluator, deputy clerks of court, and other court personnel deemed appropriate per the chief judge) upon order of the Court; and Whereas, the court is a criminal justice agency for the purposes of Chapter 119, Florida Statues; and Whereas, F.S. 119.07 exempts from public disclosure the home addresses of active or former law enforcement personnel; it is therefore ORDERED that the addresses and property records of court staff (judicial assistants, family court evaluators, deputy clerks of court, and other court personnel deemed appropriate per the chief judge) be blocked from public disclosure upon request.

DONE and ORDERED this 9th day of May 2001.

It is Ordered that administrative order 98-14-B is hereby rescinded. DONE and ORDERED the 15th day of May 2001.

WHEREAS administrative orders from time to time become obsolete; IT IS ORDERED that the following administrative orders are hereby rescinded:

97-28-B-AMENDED Caseload Assignment – Reassignment of Cases Assigned to Judge Edward J. Richardson
98-11-S Caseload Assignment – Reassignment of Cases Assigned to Judge Leonard V. Wood

DONE AND ORDERED this 12th day of July 2001.

In a civil action, if there is an appeal and a party seeks a stay of the decision appealed, the party shall first seek a stay from the lower tribunal. If the hearing time for the stay is scheduled so that the purpose of the appeal would be frustrated, then a hearing for the stay may be scheduled before the Administrative Judge for the Civil Division or the Administrative Judge for the Appellate Division.

Done and Ordered this 12th day of October 2001.

WHEREAS administrative orders from time to time become obsolete; IT IS ORDERED that the following administrative orders are hereby rescinded:

94-24 In Re: Domestic Relations – Substitution DOR for HRS
98-9 In Re: Criminal – Procedures for Determination of Indigency in Criminal Cases

DONE AND ORDERED this 2nd day of January 2002.

Whereas, a Drug Court Program was commenced on July 10, 2001, in Seminole County, Eighteenth Judicial Circuit, and that said program plans to utilize federal funding to operate and has, in fact, applied for grant funding, and Whereas, in order to qualify for federal funding, it is imperative that the Drug Court Team members be trained and operate said program pursuant to the guidelines set forth by the U.S. Department of Justice, Office of Drug Court Programs, and Whereas, as part of said directive, it is necessary that the Drug Court Program observe and be governed by the Code of Federal Regulations Public Health, Chapter 42, Part 2 which sets forth rules and regulations regarding disclosure of participant’s records and physician/patient confidentiality, and Whereas, as a goal of the Drug Court Program is, together with drug treatment, to rehabilitate its participants and to assure that they are employable throughout the program and that they possess the necessary skills to maintain employment after graduation, and Whereas the Drug Court Team members shall not, pursuant to the Code of Federal Regulations Public Health, Chapter 42, Part 2, contact any drug court participants’ employer or prospective employer regarding the participants’ involvement in Drug Court or his/her arrest on criminal charges, it is thereupon ORDERED AS FOLLOWS:

1. That without a court order entered upon a showing of good cause or the execution of a “contact authorization” by the Drug Court participant, no member of the Drug Court Team shall directly or indirectly contact an employer or any prospective employer of a Drug Court participant for any reason whatsoever without the prior written permission of the court.

This administrative order authorized by Florida Rules of Judicial Administration 2.020(c) and is not a local court rule as defined in Florida Rules of Judicial Administration 2.020(b).

DONE AND ORDERD this 16th day of January 2002.

WHEREAS, Florida Statute Section 316.613 establishes child restraint requirements; and WHEREAS, Florida Statute Section 316.613, paragraph (5) permits the violator to elect, with the court’s approval, to participate in a child restraint safety program approved by the chief judge; and WHEREAS, Florida Statute Section 316.613 provides that upon completion of a child restraint safety program, the penalty specified in chapter 318, Florida Statutes and associated costs may be waived, and the assessment of points shall be waived; it is thereupon ORDERED AS FOLLOWS:

1. The chief judge approves Child Restraint Safety Programs approved by the Department of Highway Safety and Motor Vehicles.
2. That all first-time offenders who are cited with a violation of Section 316.613, Florida Statutes may, in lieu of the requirements of Section 316.618 Florida Statutes, elect to attend a Child Restraint Safety Program approved by the Department of Highway Safety and Motor Vehicles. Upon making the election to attend a Child Restraint Safety Program, the violator must sign and file an Affidavit provided to the violator by the Clerk of Court.
3. Upon completion of the program, the violator must provide proof of attendance to the Clerk of Court. The violator will have adjudication withheld, no points assessed, and the statutory civil penalty will be waived. The violator will pay court costs of $20.00. The violator must make the election to attend the course within thirty (30) days of receiving the citation and he/she must complete the course within ninety (90) days of making that election.
4. Upon the expiration of the ninety (90) day period set forth above, the Clerk of the Court shall:
   1. Docket the certification that the violator has completed the Child Restraint Safety Program, or
   2. In the event that proof of attendance has not been received, the violator’s license shall be suspended and the full fine amount shall be due. The clerk will clear such suspension from the person’s record if proof of successful completion of the Child Restraint Safety Program is received or pursuant to a court order.

DONE AND ORDERED this 31st day of January 2002, Nunc pro tunc to January 2, 2002.

For the purposes of uniformity and evenness in caseload management responsibilities, the Circuit Judges for Brevard County, Florida have determined that civil cases shall be consolidated on the following bases:

1. All civil cases subject to consolidation, except consolidation for discovery only, the Clerk of the Court shall consider the latest filed case number as closed and file all originals only in the first filed case number.
2. All motions for consolidation of cases shall be brought before the Judge who will receive the case or cases to be consolidated with his/her assigned case.

DONE AND ORDERED this 11th day of February 2002.

WHEREAS, the Chief Judge of the Eighteenth Judicial Circuit of Florida is authorized to approve a Juvenile Diversionary Substance Abuse Education and Intervention Program; and WHEREAS, the proper implementation of a Diversionary Substance Abuse Education and Intervention Program would provide a valuable alternative to prosecution in appropriate drug cases; and WHEREAS, it is apparent that the increasing number of drug related cases has contributed to congesting and overburdening the court dockets in the Juvenile Delinquency division, and
WHEREAS there is a recognized need to treat children qualified to participate in a manner that will stress the addictive rather than the criminal nature of the offense, it is therefore,
WHEREAS the Circuit Court of the Eighteenth Judicial Circuit in and For Seminole County wishes to establish a Drug Court Docket within the Juvenile Delinquency division and designate a separate docket for cases assigned to “Juvenile Delinquency Drug Court”: NOW, THEREFORE, it is hereby ordered and adjudged:

1. That there is hereby established a Diversionary Substance Abuse Education and Intervention Program and Juvenile Delinquency Drug Court Team which will be known as “Juvenile Delinquency Drug Court”;
2. That there shall be created a separate Juvenile Delinquency docket which shall be known as “Drug Court”.
3. That the State Attorney shall notify the court in writing if it is requesting a preadmission hearing.
4. That the Department of Juvenile Justice shall notify the court, the State Attorney, and defense counsel of any violation of the court order placing the child in the program. This notification shall contain a recommendation whether the court should remove the child from the program.
5. That any child referred to Juvenile Delinquency Drug Court who elects not to participate or who is rejected by the Program or who is otherwise removed from the Program prior to entry of a plea of guilty or nolo contendere shall be transferred to the originally assigned Juvenile Delinquency division for further proceedings.
6. That any Seminole County Juvenile Drug Court Team Member or the Department of Juvenile Justice shall immediately advise the court if, for any reason, either entity becomes unable to provide the services contemplated by this administrative order.
7. That any person admitted into the Diversionary Substance Abuse Education and Intervention Program may be admitted, as an outpatient or an inpatient client to approved Drug Court Program treatment providers.

DONE AND ORDERED this 19th day of April 2002.

WHEREAS, the Florida Kid Care Program has comparable premium rates and coverage to group health insurance for those eligible to receive this insurance, WHEREAS, in order for a potential contemner to be sanctioned for civil contempt he or she must have the present ability to pay the previously ordered support, and WHEREAS, in many cases such inability to pay the previously ordered support is because of a lack of suitable employment, NOW THEREFORE, it is hereby ORDERED that whenever child support is hereinafter ordered such order shall contain a provision for group health insurance available at a reasonable rate or in the alternative, to those eligible, health insurance for minors available through the Florida Kid Care Program.
If the inability to pay previously ordered support is due to lack of suitable employment, then the judicial officer is authorized to order that the obligor not paying child support for that reason to register at one of the Brevard Job Link Offices and/or the Parenting Resource and Education Program (PREP) to conduct a good faith effort to find work and to further authorize release of the information to a representative of the judiciary to verify compliance with the order.

Done and Ordered this 12th day of June 2002.

WHEREAS administrative orders from time to time become obsolete; IT IS ORDERED that the following administrative orders are hereby rescinded:

84-9-Ci-(F) S: In Re: Credit Towards Child Support Arrearage/IRS Seizure
01-10-B Amended: In Re: Judges Caseload Assignment – Reassignment of Cases Assigned to Judge Vincent G. Torpy, Jr.

Done and Ordered this 7th day of February 2003

WHEREAS administrative orders from time to time become obsolete; IT IS ORDERED that the following administrative orders are hereby rescinded:

95-30-B: IN RE: Domestic Violence – Filing of Domestic Violence Injunctions (See administrative order 02-11)
01-23: IN RE: Emergency Order

DONE AND ORDERED this 11th day of February 2003.

EXCERPT: “WHEREAS, Rule 3.160(a), Florida Rules of Criminal Procedure requires that arraignment shall occur in open court or by audiovisual device; and WHEREAS, Rule 3.160(a), Florida Rules of Criminal Procedure provides that if the defendant is represented by counsel, counsel may file a written plea of not guilty at or before arraignment and thereupon arraignment shall be deemed waived; and WHEREAS, the existing practice in Brevard County for Felony Cases has been to use the scheduled court appearance of Arraignment (also called Second Appearance) as a means to track cases and defendants until an Indictment, Information, or Notice of No Information is filed by the State; and WHEREAS, the existing practice in Brevard County for the arraignment of defendants who are charged with a felony has demonstrated inefficiencies of rescheduled court appearances; created delays in arraignment where a written plea of not guilty has been filed by counsel; and created increasingly large arraignment dockets; and WHEREAS, Rule 2.050, Florida Rules of Judicial Administration authorizes the Chief Judge to oversee and establish procedures that will provide for the efficient scheduling and processing of cases before all courts within the circuit; THEREFORE, IT IS ORDERED that, The Clerk of the Court shall schedule the Arraignment date in all felony cases to occur on the first available arraignment docket four (4) weeks from the date of the defendant’s initial arrest. (Open AO for more information.)”

Additional Information:

• Florida Rules of Criminal Procedure Rule 3.160(a)
• Rules of Judicial Administration Rule 2.050

WHEREAS administrative orders from time to time become obsolete; IT IS ORDERED that the following administrative order is hereby rescinded:

01-16-B SUPERSEDES 99-28-B: IN RE: COURT COSTS – Costs used for Batterers Intervention Programs

DONE AND ORDERED this 29th day of July 2003.

WHEREAS administrative orders from time to time become obsolete; IT IS ORDERED that the following administrative order is hereby rescinded:

02-20-B: IN RE: MASTER – General Master – Temporary Appointment and Duties of General Masters/Child Support Enforcement Hearing Officers in Brevard County

DONE AND ORDERED this 19th day of August 2003.

EXCERPT: “WHEREAS the purposes of this Order are to make maximum use of illegal or illegally landed saltwater products lawfully seized incidental to lawful arrests pursuant to Chapter 370 Florida Statutes, to eliminate the consumption of considerable time required of the prosecutors and judges to process petition (s) and order (s) for each seizure, to make some use of the illegal products by donating them to charitable and/or governmental organizations (e.g., Youth Crisis Center, County Jail, etc.) without compromising any reasonable protection of the State or the Defendant (s); It is therefore, ORDERED: (Open AO for more information.)”

Additional Information:

• Florida Statutes Chapter 370

EXCERPT: “WHEREAS, section 948.03(1)(n) provides that effective October 1, 1996 that probationers and offenders in community control may be required to attend an HIV/AIDS awareness class of not less than two (2) hours or more than four (4) hours, the cost of which shall be paid by the offender and WHEREAS, it is desirable that uniform criteria be developed for any agency desirous of providing these classes. NOW THEREFORE IT IS ORDERED that the following requirements must be met before any such agency may be approved for teaching these classes: (Open AO for more information.)”

It is Ordered that administrative order 95-17-B is hereby rescinded. DONE and ORDERED the 23rd day of January 2004.

WHEREAS administrative orders from time to time become obsolete; IT IS ORDERED that the following administrative order is hereby rescinded:

03-01-S In Re: Mediation – Establishment of Reduced Rate Family Mediation.

DONE AND ORDERED this 3rd day of February 2004.

EXCERPT: “WHEREAS, having been made aware that management of our jail population is necessary so that the Brevard County Detention Center may be properly and efficiently operated with due regard to this finite resource; NOW THEREFORE, by the authority vested in me as the Chief Judge of the Eighteenth Judicial Circuit of Florida and pursuant to Rule 2.050(b)(2), Florida Rules of Judicial Administration, it is ORDERED AS FOLLOWS: (Open AO for more information.)”

Additional Information:

• Florida Rules of Judicial Administration 2.050(b)(2)
• Florida Statutes Chapter 903

IT IS ORDERED that the following administrative order is hereby rescinded: 

04-06-S IN RE: CIRCUIT COURT – DISPOSAL OF OUTSTANDING OFFENSES.

DONE AND ORDERED this 6th day of February 2004.

It appearing to the Court that the Clerk has neither the storage space in the Archives Center or the physical environment conducive to the preservation of certain bulky exhibits not admitted into evidence at Trial, but which were submitted as part of depositions or pleadings, e.g. X-rays, voluminous medical records, construction plans, maps, replicas, models or facsimiles of items. It is therefore ORDERED AND ADJUDGED that the Clerk is hereby directed and authorized, upon giving thirty (30) days written notice to the attorneys of record, or any party not represented by an attorney, who filed such exhibit (where the name and address of such party is apparent from an examination of the court file), in every action wherein a Final Judgment or Order of Dismissal has been rendered over ninety (90) days and no appeal is pending, either to release upon request or destroy the itemized exhibits thirty (30) days following such notification. If more than one party request a particular exhibit, such exhibit shall be released to the party who sought the introduction of such exhibit into evidence.

DONE AND ORDERED this 10th day of February 2004.

Fla.R.Civ.P. 2.075 (f)

By a majority of the judges in the Eighteenth Judicial Circuit it is Ordered: The Florida Today newspaper, a newspaper qualified under the terms of FS 50.011, is designated as the record newspaper for publications related to the clerk’s court docket fund.

DONE AND ORDERED this 19th day of May 2004.

WHEREAS administrative orders from time to time become obsolete; IT IS ORDERED that the following administrative orders are hereby rescinded:

93-77-T-B: In Re: Administrative Orders – Order Rescinding Orders, Directives and Memoranda
93-76: In Re: Administrative Orders – Distribution, Recording and Posting
95-7 Amended: In Re: Sheriff – NCIC/FCIC Histories
99-9-B: In Re: Administrative Rules – Facsimiles
99-13-S: In Re: Judges Caseload Assignment – Re-assignment of Cases Assigned to Judge Nancy F. Alley
00-2-B: In Re: Judges Caseload Assignment – Re-assignment of Cases Assigned to Judge W. David Dugan
02-16: In Re: Judges – Temporary Division Assignment
02-21-S: In Re: Judges – Caseload Assignment – Re-assignment of Cases Assigned to Judge Thomas G. Freeman

DONE AND ORDERED this 2nd day of August 2004.

WHEREAS, there are occasions in which petitioners in guardianship cases seek to have a guardian appointed for more than one individual in the same family, particularly in cases in which a guardian must be appointed for more than one minor based on facts common to the minors; and WHEREAS, confusion on the part of the Clerk and the Court often results from having multiple wards in a single case because (a) only one of the wards may be the subject of certain motions and orders; (b) because the wards must often be treated differently because of their individual circumstances; (c) the guardianship as to one ward may be terminated at a different time than the guardianship for the remaining wards; and (d) for other similar reasons; and WHEREAS, the Clerk has requested appropriate authority from the Court to require that a separate guardianship proceeding be opened for each prospective ward in such situations; and WHEREAS the Court finds that efficient administration of justice requires separate guardianship cases to be filed under such circumstances.

NOW, THEREFORE, it is ORDERED:

1. In those cases, in which Petitions for Appointment of a Guardian are filed for more than one member of the same family, a separate petition shall be required for each prospective ward and a separate guardianship file shall be opened for each prospective ward.
2. Nothing in this order shall preclude or prevent the presiding judge of the guardianship division from coordinating hearings in such separately filed cases so that issues common to such cases within a single family can be heard and resolved in a single hearing.

DONE AND ORDERED This 4th day of August 2004.

On September 4, 2004, this court entered an emergency administrative order providing that individuals arrested for looting or burglary were to be held without bond pending first appearance before a judge. As the State of Emergency created by Hurricane Frances no longer exists, such emergency administrative order is hereby rescinded.

DONE and ORDERED at 11:00 a.m. Monday, the 13th day of September 2004.

This order shall serve as a directive to the Clerk of the Court for the purpose of disposing of Grand Jury Notes that have met the retention required period;

It is hereby Ordered: That the Clerk of the Court is hereby authorized to dispose of Grand Jury notes pursuant to Judicial Administrative Rule 2.076(b), retained ten years from the closing of the session.

DONE AND ORDERED this 21st day of September 2004

On September 24, 2004, this court entered an emergency administrative order providing that individuals arrested for looting or burglary were to be held without bond pending first appearance before a judge. As the State of Emergency created by Hurricane Jeanne no longer exists, such emergency administrative order is hereby rescinded.

DONE and ORDERED this 30th day of September 2004.

WHEREAS there are many children in this Judicial Circuit who are under the court’s jurisdiction/have been adjudicated dependent pursuant to Chapter 39, Florida Statutes; and WHEREAS these children may be in the temporary legal custody of, and residing with, relatives, non-relatives, or in the Department of Children and Families (hereafter “DCF”) foster homes; and WHEREAS these children may be in the permanent legal custody of DCF as parental rights have been terminated; and WHEREAS this Court recognizes the ongoing threat of emergency weather conditions that periodically face the State of Florida , especially during hurricane season; and WHEREAS it is necessary for the efficient administration of justice and for the safety of the children who are currently under this Court’s jurisdiction pursuant to Chapter 39; it is therefore

ORDERED AND ADJUDGED:

1. That children who are in the legal custody of DCF or other out of home care as a result of a juvenile dependency matter in the Eighteenth Judicial Circuit, may upon threat of a hurricane, evacuate the area to a safe place either within the State or out of the State of Florida.
2. That the foster parent or other legal custodian shall notify the Department or the appropriate community-based care provider of the child/children’s whereabouts at all times and shall return the child/children to this Court’s jurisdiction as soon as it is safe to do so.
3. This administrative order shall be effective immediately.

Done and Ordered this 8th day of October 2004

EXCERPT: “WHEREAS it is the intent of the legislature as expressed in Section 741.2901, 741.2902, 741.30, and 741.31, 784.046, and 784.047 Florida Statutes, that criminal prosecution shall be the favored method of enforcing compliance with injunctions for protection against domestic violence; and WHEREAS the legislature acknowledges the Court’s inherent right to enforce compliance with injunctions for protection against domestic violence through indirect criminal contempt; and WHEREAS, the legislature directs the Court, the Clerk of the Circuit Court, and the State Attorney to develop procedures for the receipt and processing of violations of injunctions for protection against domestic, repeat, sexual, and dating violence, it has become necessary to review and revise existing procedures to conform with these new laws: IT IS ORDERED: (Open AO for more information.)”

Additional Information:

• Florida Statutes Section 741.2901, 741.2902, 741.30, and 741.31, 784.046, and 784.047

Whereas, F.S. 28.246(4) authorizes the Clerk of the Court to accept partial payments for court related fees, service charges, costs and fines; Whereas the Clerk of the Court has established a Deferred Payment Plan which provides for periodic payments by parties seeking to participate in the partial payment arrangement; Whereas, the enrollment of individuals in a Deferred Payment Program requires an Order of the Court; Therefore it is hereby ordered; That the Judges of Brevard County (Circuit and County Court) authorizes the Clerk of Court to enroll individuals in a Deferred Payment Program to accept partial payments for court related fees, service charges, costs and fines without a signed Court Order by the judge.

DONE AND ORDERED this 16th day of November 2004.

EXCERPT: “All judges in Seminole County, except the Chief Judge, shall serve as duty judges. The Court Administrator, or designee, shall prepare a roster assigning the judges in rotation as duty judges for each week of the year. No judge shall be assigned as duty judge from Thanksgiving Day through the following Sunday and Christmas Eve until New Year’s Day who has previously been assigned to those periods until all other judges have been assigned to them. (Open AO for more information.)”

EXCERPT: “All Seminole County Circuit Judges and County Court Judges shall perform the duties of magistrates and shall consider and issue, when appropriate, during regular business hours, upon request by a duly authorized agency or organization, arrest warrants, search warrants and other process. County Court Judges shall perform these duties in felony cases as well as misdemeanor cases. (Open AO for more information.)”

Additional Information:

• Florida Rules of Court Procedures Rule 3.134

It is Ordered that administrative order 97-9-B is hereby rescinded.

DONE and ORDERED the 10th day of FEBRUARY 2005.

Whereas, The Brevard County Court Judges have previously delegated authority and discretion to the Clerk of the Court to continue, reschedule, re-enter, or cancel criminal (including county and municipal ordinance violations) and traffic court appearances; Whereas, the clerk’s exercise of the aforesaid authority and discretion has greatly assisted in reducing county court dockets and demands upon county court judges and their judicial assistants for decisions on routine matters; Therefore, it is hereby ordered; When the Clerk of Court receives full payment on a boating or fishing citation after the defendant has failed to appear in court, the Clerk is hereby authorized to dismiss the failure to appear charge and recall any outstanding bench warrant or order to show cause related to the court appearance. DONE AND ORDERED this 17th day of AUGUST 2005.

Supersedes AO 05-17-B

EXCERPT: “WHEREAS, the original filings in the criminal division has progressively increased over the last several years; and WHEREAS, the Florida Legislature has routinely elevated misdemeanor crimes to felony offenses, including many traffic offenses, thereby contributing to the increased caseload; and WHEREAS, the Department of Corrections has taken a “zero tolerance” policy on probation violations, including purely technical violations, and this policy has significantly increased the number of violations of probation being processed in the criminal division; and WHEREAS, the legislature created an additional circuit judge position in the Eighteenth Circuit in 2003 and that position has been assigned permanently in Seminole County, and
WHEREAS the Circuit Judges in Seminole County have met and determined that the best use of available judicial resources is to assign a fourth judge to the criminal division in Seminole County, IT IS ADJUDGED: (Open AO for more information.)”

WHEREAS administrative orders from time to time become obsolete; IT IS ORDERED that the following administrative orders are hereby rescinded:

81-31-S: In Re: Jury Automatic Telephone Device Seminole County
85-19-Ci-B: In Re: Central Governmental Depository
85-20-Ci-S: In Re: Central Governmental Depository
85-24-Cr: In Re: Administrative Practices and Procedures of the Criminal Justice System
86-33: In Re: Processing of Uniform Reciprocal Enforcement of Support (URESA) Cases in the Eighteenth Circuit
87-36-Ci-B: In Re: Use and Removal of Official Court Files for Use in Civil and Family Mediation
89-15-Ci-S: In Re: Minors Seeking an Order of the Court to Permit an Abortion Without Parental or Guardian Consent
90-49-Ci B: In Re: Administrative Order Establishing Fee Schedule for Expert Witness Testimony by Psychologists
91-9-Ci-B: In Re: Redirection of Public Assistance Reimbursement Payments
92-140-Ci: In Re: Clerk of Circuit Court Death Certificates
95-23: In Re: Establishment of Medical Malpractice Filing Fee
95-33-S: In Re: Clerk of Court – Copies of Orders and Judgments in Court Files
96-22-B: In Re: Civil – Procedures for Clerk’s Certification of Insolvency in Civil Cases
97-10-S: In Re: Juvenile – Location of Juvenile Justice Matters
97-29: In Re: Attorneys – Petitions of the Florida Bar for Appointment of Inventory Attorneys by the Circuit Court
97-34-S: In Re: Costs – Court Costs
98-26-S: In Re: Court Costs – Assessment of Additional Court Costs for Court Facilities
04-30-B: IN RE: Jail – Weekend Jail Farm Duty & Weekend Jail Time due to Hurricane Frances
04-31-S: IN RE: Jury – Cancellation of Jury Venire
04-37-B: IN RE: Jail – Weekend Jail Farm Duty & Weekend Jail Time due to Hurricane Jeanne
04-43-B: IN RE: Court Costs – Extension of Time Due to Hurricane Frances

DONE AND ORDERED this 21st day of July 2005.

WHEREAS administrative orders from time to time become obsolete; IT IS ORDERED that the following administrative orders are hereby rescinded:

89-14-Ci-B: In Re: Minors Seeking an Order of the Court to Permit an Abortion Without Parental or Guardian Consent
95-32: In Re: Traffic – Civil Traffic Infraction Hearing Officer Program

DONE AND ORDERED this 20th day of September 2005.

EXCERPT: “WHEREAS, FS § 741 authorizes the filing of an Injunction on behalf of a minor child; and WHEREAS, Fla. Fam. L.R.P. 12.407 prohibits the attendance of a minor child at any court hearing, including Domestic Violence Injunction Proceedings, without prior Court approval; and WHEREAS, that due to mandated time constraints and congested court dockets, there may not be enough time and notice to have a motion for the minor child to testify heard prior to the Final Injunction hearing; and WHEREAS, the moving party may not be able to prove that violence occurred on behalf of the minor child without the attendance and testimony of the minor child; and WHEREAS, the adoption of the following provision will provide for the proper administration of hearing Domestic Violence cases on behalf of a minor child within the Eighteenth Circuit, it is ORDERED: (Open AO for more information.)”

EXCERPT: “WHEREAS, judges often recommend that defendants charged with violating probation in misdemeanor cases be released on their own recognizance or by signature bond by writing their recommendations on the face of the warrant for violation of probation; and WHEREAS, in some of such cases defendants are being held over to initial appearances even though a judge has specified on the face of the warrant that the defendant be released; and WHEREAS, it would reduce jail population and additional work at the initial appearance hearing if such recommendations for release were promptly followed by pretrial release personnel, NOW, THEREFORE, IT IS ORDERED: (Open AO for more information.)”

IT IS ORDERED that the following administrative orders are hereby rescinded:

04-39-B In Re: Attorneys – Compensation for Court Appointed Conflict Attorneys in Criminal Cases in Brevard County (October 1, 2004 – June 30,2005)
04-40-S In Re: Attorneys – Compensation for Court Appointed Attorneys in Criminal Cases in Seminole County (October 1, 2004 – June 30, 2005)
04-41-S In Re: Attorneys – Compensation for Court Appointed Conflict Attorneys in Juvenile Delinquency Cases in Seminole County (October 1, 2004 – June 30, 2005)
04-42-B AMD In Re: Attorneys – Compensation for Court Appointed Conflict Attorneys in Juvenile Delinquency Cases in Brevard County (October 1, 2004 – June 30, 2005)
05-07 AMD In Re: Attorneys – Compensation for Court Appointed Attorneys in Guardianship & Marchman Act (July 20, 2004 – June 30, 2005)
05-08 In Re: Attorneys – Compensation for Court Appointed Attorneys, Examination Fees & Costs in Mental Health & Jimmy Ryce Cases and Other Civil Cases (July 1, 2004 – June 30, 2005)
05-20 In Re: Attorneys – Compensation for Court Appointed Counsel in Juvenile Dependency (September 1, 2004 – June 30, 2005)
05-30 In Re: Attorneys – Compensation for Court Appointed Attorneys, Examination Fees & Costs in Mental Health & Jimmy Ryce Cases & Other Civil Cases (July 1, 2005 – December 31, 2005)
05-31 In Re: Attorneys – Compensation for Court Appointed Attorneys in Guardianship & Marchman Act (July 1, 2005 – December 31, 2005)
05-32 AMD In Re: Attorneys – Compensation for Court Appointed Counsel in Juvenile Dependency (July 1, 2005 – December 31, 2005)
05-33-B AMD In Re: Attorneys – Compensation for Court Appointed Conflict Attorneys in Criminal & Juvenile Delinquency July 1, 2005 – June 30, 2006)
05-34-S In Re: Attorneys – Compensation for Court Appointed Conflict Attorneys in Criminal and Juvenile Delinquency Cases (July 1, 2005 – June 30, 2006)

DONE AND ORDERED this 6th day of December 2005.

IT IS ORDERED that the following administrative order is hereby rescinded effective immediately:

06-10-S IN RE: In Re: Criminal – Adult Consequence Program

DONE AND ORDERED this 21st day of June 2006.

It is Ordered that the following administrative order is hereby rescinded.

Amended 94-6-Cr-B: In Re: Criminal – Preliminary Adversarial Hearings Pursuant to Section 932.703, Florida Statutes

DONE and ORDERED the 15th day of March 2006.

EXCERPT: “WHEREAS, Chapter 44, Florida Statutes, permits a presiding circuit or county judge to refer civil cases to arbitration without the consent of the parties; and WHEREAS, Rule 1.810(a), Florida Rules of Civil Procedure requires the Chief Judge or his designee to maintain a list of qualified persons who have agreed to serve within the circuit as arbitrators under Section 44.103, Florida Statutes; and WHEREAS, Rule 11.130, Florida Rules of Court requires that arbitrators shall serve at the pleasure of the Chief Judge; and WHEREAS, the Court finds that it is necessary to establish a set for specific qualifications for arbitrators in order for their names to appear on the circuit list of qualified arbitrators maintained in accordance with Administrative Order 05-23-B of this Court. NOW, THEREFORE pursuant to the authority vested in the Chief Judge by Rule 2.050 of the Florida Rules of Judicial Administration, it is ORDERED that: (Open AO for more information.)”

Additional Information:

• Administrative Order 05-23-B
• Chapter 44, Florida Statutes
• Section 25.073(1), Florida Statutes
• Rule 1.810(a), Florida Rules of Civil Procedure
• Rule 11.130, Florida Rules of Court
• Rule 2.050 of the Florida Rules of Judicial Administration

It is hereby ordered; In accordance with F.S. 43.26(f), the Trial Court Administrator of the Eighteenth Judicial Circuit is granted the authority to bind the circuit in contract.

DONE and ORDERED this 8th day of December 2006.

WHEREAS, it has been known to the undersigned that the efficient and proper administration of justice, combined with caseload considerations, necessitate the assignment of First Appearance Judges to conduct juvenile shelter hearings on an as needed basis; NOW THEREFORE, I, TONYA RAINWATER, Chief Judge of the 18th Judicial Circuit of Florida, hereby assign First Appearance Judges in Seminole County to preside in juvenile shelter hearings on an as needed basis, when neither sitting Juvenile Judge is available. IT IS FURTHER ORDERED that this assignment shall obviate the need for said shelter hearings to be reviewed as set forth in § 39.402 (12) Florida Statutes.

DONE AND ORDERED this 14th day of December 2006.

EXCERPT: “Whereas, the number of offenders under community supervision has increase substantially in the past year; and, Whereas, the number of violations of probation/community control warrants has increased as a result; and, Whereas, a substantial number of these violations do not involve a new criminal offense or other serious violations; and, Whereas, arresting and incarcerating certain non-violent offenders for minor violations of probation or community control is both expensive and nonproductive; and, Whereas, the Department of Corrections and the Sheriff of Seminole County have agreed to sanction certain non-violent offenders who commit minor violations administratively; NOW, THEREFORE, IT IS ADJUDGED: (Open AO for more information.)”

WHEREAS administrative orders from time to time become obsolete; IT IS ORDERED that the following administrative orders are hereby rescinded:

96-11-B IN RE: Judges – Caseload Assignment – Reassignment of Cases Assigned to Judge Warren Burk
96-34-B IN RE: Judges –Caseload Assignment – Reassignment of Cases Assigned to Judge Warren Burk
00-21-B AMD IN RE: Judges – Caseload Assignment – Reassignment of Cases Assigned to Judge T. Mitchell Barlow
03-06-B IN RE: Judges – Caseload Assignment – Reassignment of Cases Assigned to Judge Warren Burk
04-02-B IN RE: Judges – Caseload Assignment – Reassignment of Cases Assigned to Judge T. Mitchell Barlow
04-35-B IN RE: Judges – Caseload Assignment – Reassignment of Cases Assigned to Judge Rhonda E. Babb
05-03-S AMD IN RE: Judges – Division Assignment County Court
06-20-S IN RE: Judges – Caseload Assignment – Temporary Assignment

DONE AND ORDERED this 19th day of January 2007.

WHEREAS administrative orders from time to time become obsolete; IT IS ORDERED that the following administrative order is hereby rescinded:

00-5-S IN RE: CRIMINAL – Procedure for Processing Probation/Community Control Violators Arrested Without a Warrant

DONE AND ORDERED this 8th day of March 2007.

EXCERPT: “The Seminole County Sheriff has requested the court to allow selected inmates to be placed into the Work Release Program without further judicial intervention after sentence has been imposed or upon meeting presentencing qualifications. After due consideration of the request, IT IS ADJUDGED: (Open AO for more information.)”

IT IS ORDERED, that the following administrative orders are no longer in effect:

07-07-B IN RE: Judges – Caseload Assignment – Temporary Assignment
07-08-B IN RE: Judges – Caseload Assignment – Temporary Assignment

DONE AND ORDERED this 19th day of April 2007.

WHEREAS administrative orders from time to time become obsolete; IT IS ORDERED that the following administrative order is hereby rescinded:

94-31-B IN RE: Procedures for Traffic Assistance Program

DONE AND ORDERED this 19th day of April 2007.

It is hereby ordered that the following administrative order is hereby rescinded.

05-09-S AMENDED: IN RE: COUNTY COURT – SUMMARY CLAIMS AND COUNTY COURT CASES

In entering this Order, the Court recognizes the authority of the County Court in its discretion to require mediation in any case deemed appropriate by the County Court and upon such conditions and procedures deemed appropriate by the County Court. DONE AND ORDERED this 19th day of July 2007.

The Family Division Judges of Seminole County, Florida, have determined that it was in the best interest of the children affected by family division cases for the parents to attend mandatory education programs as set forth in Administrative Order No. 02-35-S. The Florida Legislature subsequently adopted Section 61.21, Florida Statutes, in its present form, which requires said attendance in family cases and further requires that providers be approved by the Department of Children and Family Services. Therefore, it is hereby Ordered; Administrative Order No. 02-35-S is hereby rescinded and pursuant to Section 61.21 (3)(a), the court will furnish a list of course providers approved by the Department of Children and Family Services to the Clerk of the Circuit Court to furnish to all parties involved in Family Law Cases involving custody of children or visitation rights. DONE AND ORDERED this 31st day of August 2007.

IT IS ORDERED that administrative order 07-01-B is hereby rescinded. DONE and ORDERED this 30th day of April 2008.

EXCERPT: “WHEREAS, Florida Rules of Court (Rule 2.215) provides that the chief judge “shall exercise administrative supervision over all courts within the judicial circuit in the exercise of judicial powers and over the judges and officers of the court” and “shall develop an administrative plan for the efficient and proper administration of all courts within that circuit”, which includes “the attendance of prosecutors, public defenders, clerks, bailiffs, and other officers of the courts;” and, WHEREAS, emergency procedures for court operations during named hurricanes and other natural disasters will increase the efficiency of jury management and will provide better coordination of first appearances and arraignments; and, WHEREAS, emergency procedures will improve communication and the sharing of information among various state, county, municipal agencies and constitutional officers; IT IS THEREFORE ORDERED AND ADJUDGED AS FOLLOWS: . . . (Open AO for more information.)”

EXCERPT: “Whereas, First Step, Inc., a non-profit corporation, has been created and established in Florida; and Whereas, the primary purpose of the corporation is to assist in the rehabilitation of persons placed on supervised probation within the jurisdiction of the Eighteenth Judicial Circuit; and Whereas, the corporation will provide offenders serving a period of probation in jurisdiction of the Eighteenth Judicial Circuit and may provide such services to offenders recently released from the custody of the Department of Corrections who are not on probation, including employment counseling, education, training, related programs and assistance and opportunities; IT IS ADJUDGED: (Open AO for more information.)”

EXCERPT: ” WHEREAS, amendments to Section 938.27, Florida Statutes, that are effective on July 1, 2008, mandate that costs for the state attorney shall be set in all cases at no less than $50 per case when a misdemeanor or criminal traffic offense is charged and no less than $100 per case when a felony offense is charged, including a proceeding in which the underlying offense is a violation of probation or community control; and . . . (Open AO for more information.)”

EXCERPT: “WHEREAS Secs. 48.25-48.31, Florida Statutes, authorizes the Chief Judge of each Circuit to qualify, appoint and remove certified process servers in the respective Circuits, it is therefore it is ORDERED AND ADJUDGED that pursuant to the authority vested in me as Chief Judge of the Eighteenth Judicial Circuit of Florida, there shall be established an approved list of certified process servers, for Seminole County, who may be chosen by counsel without the necessity of a motion and order in each individual case, pursuant to the following requirements: The prospective certified process server must meet and comply with the following requirements . . . (Open AO for more information.)”

Additional Information:

• Supersedes AO 08-18-S
• Chapters 48 and 49, Florida Statutes
• Section 48.31(1), Florida Statutes
• Section 48.29(4), Florida Statutes

EXCERPT: “WHEREAS, an amendment to Section 938.29, Florida Statutes, effective July 1, 2008, mandates that costs for the public defender shall be set in all criminal cases at no less than $50 per case in misdemeanor or criminal traffic cases and no less than $100 per case when a felony offense is concluded by entry of a guilty or nolo contendere plea or by guilty verdict at trial or hearing, including a proceeding in which the underlying offense is a violation of probation or community control; and WHEREAS, Section 938.29, Florida Statutes, mandates that the sentencing court order cost of defense without regard to the defendant’s present ability to pay; and WHEREAS, Section 938.29, Florida Statutes, requires the clerk of court to collect and dispense costs of defense in any case; and WHEREAS, Section 27.52(1)(b) Florida Statutes, mandates that a defendant pay a $50 Public Defender Application Fee within 7 days of the appointment of the Public Defender and mandates that the clerk of court notify the court if the fee has not been paid at time of sentencing; and WHEREAS there is a need for direction to the Clerk of Court to properly implement the requirements of Sections 938.29 and 27.52(1)(b) Florida Statutes: IT IS ORDERED THAT: (Open AO for more information.)”

WHEREAS administrative orders from time to time become obsolete; IT IS ORDERED that the following administrative orders are hereby rescinded:

05-42-B 2ND AMENDED: IN RE: Domestic Relations – Family Court Social Investigator Protective Order
07-38-S: IN RE: Judges – Caseload Assignment – Temporary Assignment for Judge Jerri L. Collins
08-06-B: IN RE: Judges – Caseload Assignment – Temporary Assignment for Judge Kenneth Friedland

DONE AND ORDERED this 11th day of August 2008.

WHEREAS Florida Statute Sections 741.30 and 784.046 provides that the sheriff or law enforcement agency of the county where the respondent resides or can be found, shall serve a copy of the petition, financial affidavit, uniform child custody jurisdiction act affidavit, if any, notice of hearing, and temporary injunction, if any; and

WHEREAS Florida Statute Sections 741.30 and 784.046 further provides that it shall be served as soon thereafter as possible on any day of the week and at any time of the day or night; and

WHEREAS Florida Statute Sections 741.30 and 784.046 provides that the chief judge of each circuit, in consultation with the appropriate sheriff, may authorize a law enforcement agency within the jurisdiction to effect service; it is thereupon

ORDERED AS FOLLOWS: That after consultation with the Seminole County Sheriff, the chief judge hereby authorizes Oviedo Police Department, Sanford Police Department, Sanford Airport Police Department, Lake Mary Police Department, Winter Springs Police Department, Casselberry Police Department, Longwood Police Department, and Altamonte Springs Police Department to effect service 8th day of September 2008.

It is hereby ordered that the following administrative order is hereby rescinded.

02-17-S: IN RE: HEARING OFFICER – APPOINTMENT AND DUTIES OF DEPENDENCY GENERAL MASTER IN SEMINOLE COUNTY

DONE AND ORDERED this 13th day of October 2008.

EXCERPT: “The following provisions will improve the efficiency of court proceedings, it is therefore, ORDERED: When appearing in any Court of the Eighteenth Judicial Circuit, unless excused by the presiding judge, all counsel (including, where the context applies, all persons at counsel table) shall abide by the following: (Open AO for more information.)”

Additional Information:

• Code of Professional Responsibility

EXCERPT: “Whereas it is necessary that the undersigned Chief Judge establish, in writing, criteria which the Pretrial Release Program staff must utilize in releasing defendants under their own signature. It has been brought to the Court’s attention that Expanded Release Authority is being requested by the Pretrial Release Program to allow for the release of selected non-violent third-degree felons and bench warrants with bonds of $2000.00 or less. Whereas the purpose of this Expanded Authority is to enhance the current release authority as set forth by the State of Florida Constitution, Section 14, Florida Statute 907.041, Florida Rules of Criminal Procedure 3.125(c)(d), and 3.131(a)(b), and to provide the Pretrial Release Program with an avenue for further reductions in jail over-crowding and increases in jail cost savings. Whereas it is necessary to define the role and scope of such an expansion, offenses qualifying for release under this Administrative Order as follows: (Open AO for more information.)”

WHEREAS administrative orders from time to time become obsolete; IT IS ORDERED that the following administrative order is hereby rescinded since the Eighteenth Judicial Circuit no longer has a self-help program:

08-32 In Re: Domestic Relations – Establishment of Education Program in Family Law Cases for Self-Represented (Pro-Se) Litigants

DONE AND ORDERED this 4th day of February 2009.

EXCERPT: “Whereas jail overcrowding has been a long existing problem at the Brevard County Jail; and Whereas, the Honorable Gregory Presnell, United States District Court Judge, is overseeing an attempt to settle the existing litigation in Federal Court in which Tilman/Lennear is Plaintiff and Brevard County is Defendant, concerning jail overcrowding at the Brevard County Jail; and Whereas, on August 12, 2008, representatives of the judicial system, law enforcement agencies and county government attended a workshop in Orlando, Florida, to address the issue of jail overcrowding at the Brevard County Jail; and Whereas, police agencies have the authority by Florida Statute, to make arrests for “on site” violations of probation and community control; and . . . (Open AO for more information.)”

EXCERPT: “The Seminole County Sheriff has requested the Court to allow selected inmates be placed into the GPS Electronic Monitoring Program without further judicial intervention after sentence has been imposed upon meeting certain qualifications. After due consideration of the request, (Open AO for more information.)”

Supplemental Petitions for Modification in Family Division cases must be filed with the clerk along with the appropriate filing fee, if applicable, and served on the opposing party. Such petition shall carry the same case number as the final judgment or order for which modification is sought and shall remain assigned to the same division where that final judgment or order was obtained.

A party wishing to modify an existing Title IVD Child Support order to address parenting plan issues regarding the children must file a Supplemental Petition for Modification in the Title IVD case and serve the other parent or party. The attorney for the Department of Revenue does not represent the other party in the case and should not be served.

DONE AND ORDERED this 5th day of March 2009.

WHEREAS administrative orders from time to time become obsolete; IT IS ORDERED that the following administrative orders are hereby rescinded:

01-27-S IN RE: Judges – Caseload Assignment – Reassignment of Cases Assigned to Judge James E. C. Perry
01-28-B IN RE: Judges – Caseload Assignment – Reassignment of Cases Assigned to Judge Meryl L. Allawas
07-32-S IN RE: Judges – Caseload Assignment – Reassignment of Cases Assigned to Judge James E. C. Perry
07-34-S IN RE: Judges – Caseload Assignment – Reassignment of Cases Assigned to Judge James E. C. Perry
08-02-B AMENDED IN RE: Judges – Caseload Assignment – Reassignment of Cases Assigned to Judge Judith Atkin
08-31-S IN RE: Judges – Caseload Assignment – Temporary Assignment Judge O.H. Eaton, Jr.
09-23 IN RE: Judges – Appointment of Acting Chief Judge

DONE AND ORDERED this 30th day of March 2009.

Pursuant to F.S. 102.141(1) the County Canvassing Board shall be composed of the Supervisor of Elections; a county court judge, who shall act as chair; and the Chair of the Board of County Commissioners. In the event a statutory member is unavailable to serve, is a candidate who has opposition in the election being canvassed, or is an active participant in the campaign or candidacy of any candidate who has opposition in the election being canvassed, then a replacement shall be appointed as follows:

Therefore, pursuant to F.S. 102.141(1), I hereby appoint the following to serve as the Seminole County Canvassing Board:

1. County Court Judge Ralph Eriksson
2. Supervisor of Elections Mike Ertel
3. Attorney Gerald Rutberg
4. County Commissioner Chairman Robert E. “Bob” Dallari

DONE and ORDERED this 30th day of April 2009.

It is hereby ordered that; All proposed orders submitted for consideration by the Court, shall be accompanied by copies of order and stamped envelopes addressed to all parties for return of the executed Order. All notices for trial in civil actions shall be accompanied by stamped envelopes addressed to all parties for return of Order setting trial. All summons used to file a complaint on a defendant/respondent must include the following address for the defendant/respondent to file a written response: Clerk of Court, P.O. Box 219, Titusville, FL 32781-0219, Tel: 321-637-5413; Fax: 321-264-5269.

DONE and ORDERED this 23rd day of June 2009.

EXCERPT: “WHEREAS, certain juveniles who have pending cases and some with an outstanding Take Into Custody Order, have reached the maximum age of nineteen, twenty-one or twenty-two, and the efficiency of the disposition of the outstanding cases and the Take Into Custody Orders would greatly increase if the clerk would administratively dismiss these cases and recall the Take Into Custody Orders; and (Open AO for more information.)”

Additional Information:

• Florida Statute 985.0301

IT IS ORDERED that the following administrative orders are hereby rescinded.

03-12-B: IN RE: Judges – Caseload Assignment – Reassignment of Cases to Judge Bruce W. Jacobus
07-25-B AMENDED SUPERSEDES 07-25-B: IN RE: Judges – Caseload Assignment – Reassignment of Cases to Judge Bruce W. Jacobus

DONE and ORDERED this 24th day of September 2009.

It is hereby ORDERED as follows: If the collaborative conflict alternative dispute resolution process is utilized prior to the filing of a petition for dissolution of marriage, a notice of intent to engage in the collaborative conflict alternative dispute resolution process signed by counsel for both parties may be sent to the Family Law Administrative Judge for Brevard County, Florida (Attachment A). In that notice, the date for determining marital assets and the date for valuation of them may be specified.

DONE AND ORDERED this 4th day of March 2010.

The court having determined that Judge Benjamin B. Garagozlo should not hear cases in which Nationwide Insurance, appears, it is ORDERED that all newly filed cases in which attorney Nationwide Insurance appears as attorney of record shall be reassigned to the next judge in rotation pursuant to pending or existing administrative orders.

DONE and ORDERED this 5th day of April 2010.

Whereas, pursuant to Title IV-D of the Social Security Act, 42 U.S.C.§651, et seq., and Florida Statute §409.2567 and the Department of Revenue is designated as the State Agency responsible for the administration of the Child Support Enforcement Program in the State of Florida, Whereas, when the following case types ceases to be a Title IV-D case;

• Request to Establish an Account (Interstate case)
• Request to Establish a Registration Account (Interstate case)
• CSE Transmittal (case involving two states)

The Department of Revenue as part of its duties as the State’s Title IV-D Agency notifies the Clerk of the Court of Brevard County of that fact and requests the Clerk to redirect payments to the proper person. Now Therefore, It is Ordered;

1. That upon notification by the Department to the Clerk of the Court of Brevard County, that the following case types have ceased to be a Title IV-D case;

• Request to Establish an Account
• Request to Establish a Registration Account
• CSE Transmittal

and that payments should be redirected; the Clerk of the Court is hereby authorized to proceed as requested by the Department.

2. That the Department’s notice to the Clerk shall further state whether the accounts kept by the Clerk relative to the case should be closed and/or zeroed out. The Department’s notice shall state the reason for the action requested. This order will take effect immediately and will be applicable to cases filed on or after February 28, 2001.

DONE and ORDERED the 21st day of April 2010.

SUPERSEDES 06-16-B

IT IS HEREBY ORDERED that administrative order 08-14-B reassigning all cases where Phillip Fougerousse, Esq., appears as attorney of record for any party in front of Judge Lisa Davidson is hereby rescinded.

DONE and ORDERED this 12th day of May 2010.

WHEREAS, the Americans with Disabilities Act of 1990 (ADA) requires that reasonable accommodations be provided to requesting qualified persons with disabilities in order that they might participate fully in court programs, services, activities, and benefits; and WHEREAS, it is the intent of the Eighteenth Judicial Circuit to facilitate provision of reasonable accommodations when request by qualified person with disabilities; IT IS ORDERED that all notices of court proceedings to be held in a public facility, and all process compelling appearance at such proceedings, shall include the following language, printed in boldface, 14-point Times New Roman or Courier font: 

“If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact {identify applicable court personnel by name, address, and telephone number} at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.”

IT IS ALSO ORDERED that procedures for obtaining an accommodation and for filing a grievance be posted in each court facility and also on the 18th Judicial Circuit’s website (https://flcourts18.org/).

IT IS FURTHER ORDERED that a written response be provided whenever a request for an accommodation is denied, granted only in part, or if an alternative accommodation is granted.

DONE AND ORDERED, this 14th day of June 2010.

WHEREAS administrative orders from time to time become obsolete; IT IS ORDERED that the following administrative order is hereby rescinded:

10-25-B: In Re: Forms for Disestablishment of Paternity or Termination of Child Support Obligation

DONE AND ORDERED this 29th day of October 2010.

WHEREAS administrative orders from time to time become obsolete; IT IS ORDERED that the following administrative order is hereby rescinded:

05-28-B: In Re: Domestic Relations – Attending the Helping Our Children Cope with Divorce Course by Internet

DONE AND ORDERED this 14th day of September 2010.