2005 Admin Order 05-52
05-52: RESCINDS ADMINISTRATIVE ORDERS: 04-42-B AMENDED, 04-39-B, 04-40-S, 04-41-S, 05-07 AMENDED, 05-08, 05-20, 05-30, 05-31, 05-32 AMENDED, 05-33-B AMENDED, AND 05-34-S – ORDERED 12/6/2005 BY KERRY I. EVANDER
05-52: RESCINDS ADMINISTRATIVE ORDERS: 04-42-B AMENDED, 04-39-B, 04-40-S, 04-41-S, 05-07 AMENDED, 05-08, 05-20, 05-30, 05-31, 05-32 AMENDED, 05-33-B AMENDED, AND 05-34-S – ORDERED 12/6/2005 BY KERRY I. EVANDER
When a Brevard judge executes a warrant for a violation of misdemeanor probation charge, and indicates on the face of a warrant that the defendant is to be released on his own recognizance or by way of a signature bond, Pretrial Release Personnel at the Brevard County Detention Center shall promptly provide the defendant with the opportunity to execute the Release on Recognizance form or signature bond and upon his/her doing so, release the defendant from custody, unless Pretrial Release Personnel have information indicating the defendant qualifies for a “danger to public” hearing under the Jessica Lunsford Act, in which case the defendant shall be brought before the initial appearance judge.
In a Domestic Violence Injunction proceeding which is brought on behalf of a minor child where the allegations are that the child is the victim of direct physical violence and/or direct sexual violence, the minor child may be brought to the hearing to present testimony before the Court without need for a motion, hearing on said motion, and an order for the minor child to attend said court proceeding so long as said minor child is twelve (12) years of age or older. If a Domestic Violence Injunction proceeding is brought on behalf of the minor child and the minor child is less than twelve (12) years of age and/or the allegations are such that the domestic violence involves indirect physical violence, such as the violence occurred in the presence of the minor child; then said Court requires a motion and an order pursuant to Fla. Fam. L.R.P. 12.407.
Because 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orders from time to time become obsolete; IT IS ORDERED that the following administrative orders are hereby rescinded: 89-14-Ci-B: In Re: Minors Seeking an Order of the Court to Permit an Abortion Without Parental or Guardian Consent; 95-32: In Re: Traffic – Civil Traffic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
Because Administrative orders from time to time become obsolete; IT IS ORDERED that the following administrative orders are hereby rescinded: 81-31-S, 85-19-Ci-B, 85-20-Ci-S, 85-24-Cr, 86-33, 87-36-Ci-B, 89-15-Ci-S, 90-49-Ci B, 91-9-Ci-B, 92-140-Ci, 95-23, 95-33-S, 96-22-B, 97-10-S, 97-29, 97-34-S, 98-26-S, 04-30-B, 04-31-S, 04-37-B, AND 04-43-B
The original filings in the criminal division have progressively increased over the last several years; and 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. A fourth criminal division has been created in Seminole County and became effective July 1, 2005.
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.
It is Ordered that administrative order 97-9-B is hereby rescinded.
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. County Court Judges shall preside over first appearance hearings during the regular work week in both felony and misdemeanor cases.
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. The duty judge shall conduct first appearance and detention hearings at the County Jail on the weekend or extended weekend that occurs during the duty assignment week, except as stated in Administrative Order 05-03-S.