WHEREAS, in order to properly assign county judges in Seminole County, all county court cases should be clearly defined and identified; and

WHEREAS, the resident County Judges of Seminole County have determined that it is in the best interest of the litigants, attorneys, and judges that, so far as possible, cases remain with the judges originally assigned for better understanding, efficiency, and savings of time for all involved;

IT IS ORDERED:

1. CRIMINAL DIVISION (MM)
2. Organization:

      The county Criminal Division will be comprised of Divisions R, C, Z, and U. All original cases presently assigned to one of those divisions in the clerk’s system will remain assigned to that division.

1. CIVIL DIVISION (CC, SC)
2. Organization:

The county Civil Division will be comprised of Divisions F and S.

1. Any new county civil case, and any small claims case designated as a 19P, will be randomly but in an alternating manner assigned to Divisions F or S so that each division will be assigned an equal and proportionate share of each case type.
2. Any county civil case or small claims case that is not presently assigned in the clerk’s system to Divisions F or S will be reassigned when reactivated on a rotating basis among the divisions beginning with the next division in rotation.

III. Assignment of County Court Judges to Divisions:

The county court judges assigned to the divisions of the court are as follows:

Division C:       James DeKleva – Criminal

Division F:       Sylvia Grunor – Civil

Division R:       Cassandra Buie – Criminal

Division S:       Wayne Culver – Civil

Division U:      Bryanna Bynum – Criminal

Division Z:       Debra Krause – Criminal

DONE AND ORDERED this 7^th day of July 2026. 

MELANIE CHASE

CHIEF JUDGE

WHEREAS, in order to properly assign circuit judges in Seminole County, all circuit court cases should be clearly defined and identified; and

WHEREAS, the resident Circuit Judges of Seminole County have determined that it is in the best interest of the litigants, attorneys, and judges that so far as possible that cases remain with the judges originally assigned for better understanding, efficiency, and savings of time for all involved;

IT IS ORDERED:

I. CRIMINAL DIVISION (CF)

A. Organization:
1. The circuit Criminal Division will be comprised of Divisions A, E, J, and M. All original cases presently assigned to one of those divisions in the clerk’s system will remain assigned to that division unless the Administrative Judge of the Criminal Division shall order otherwise in a particular case.
2. The Administrative Judge of the Criminal Division will be responsible for criminal division operations including, but not limited to, maintaining approximately equal caseload distribution among the various criminal divisions, reassigning cases in which a criminal division judge has recused or been disqualified, and acting as liaison with other components of the criminal justice system.
3. The Criminal Division judges will be assigned secondarily to cases assigned to other judges in the division for the purpose of backing up other judges by taking pleas, ruling on motions, scheduling matters, conducting trials, and sentencing defendants in cases over which the backup judge tried. All judges in the Criminal Division may act in the absence of the judge who is assigned to a case.

B. Assignment of Original Information/Indictments:
Original charging documents (except for capital and Jimmy Ryce cases) will be randomly assigned so that the four (4) criminal divisions are each assigned to 25% of the cases. Informations filed directly (before the defendant is taken into custody) will initially be assigned to Division N. These cases will be reassigned by the Clerk in accordance with this paragraph when the defendant is taken into custody. However, if there is an active pending case with the same defendant, reassignment will be in accordance with paragraph I below.

C. Assignment of Multiple Defendant Cases:
Information naming multiple defendants will be assigned to the first judge assigned to the case.
The Clerk will not reassign cases in accordance with paragraph I below in cases naming multiple
defendants.

D. Assignment of Murder Cases and Jimmy Ryce Cases:
1. The Clerk is responsible, upon the defendant’s arrest, for the assignment of a judge to any
murder case, excluding Murder by the Unlawful Distribution of a Controlled Substance under
section 782.04(1)(a)3., Florida Statutes. The following murder cases will be assigned on a
rotating basis among the four criminal divisions beginning with Division J followed by
Divisions M, A, and E. Cases naming multiple defendants will be assigned to the first judge
assigned to the case. The Clerk will not reassign cases in accordance with paragraph I below
in cases naming multiple defendants.
a. First Degree Premeditated Murder, § 782.04(1)(a)1., Fla. Stat.
b. First Degree Felony Murder, § 782.04(1)(a)2., Fla. Stat.
c. Second Degree Murder, § 782.04(2), Fla. Stat.
d. Second Degree Felony Murder, § 782.04(3), Fla. Stat.
e. Third Degree Felony Murder, § 782.04(4), Fla. Stat.

2. The same rotation will continue when a division is assumed by a successor judge. Murder cases,
excluding Murder by the Unlawful Distribution of a Controlled Substance under section
782.04(1)(a)3., Florida Statutes, and Jimmy Ryce cases, will be assigned on a rotating basis
among the four criminal divisions in alphabetical order beginning with the next division in
rotation. A judge who imposes the death penalty will remain assigned to the case for all
purposes, including all post-trial and postconviction proceedings, whether or not the judgment
and sentence is upheld on appeal, regardless of the division of the court to which that judge
may be assigned subsequent to the imposition of the death penalty sentence. The Chief Judge
will assign these cases if the judge who imposed the death penalty is no longer in office.

E. Assignment of Postconviction Relief Cases (3.850) and Motions for Correction, Reduction,
and Modification of Sentence (3.800):
Cases will be assigned to the judge who is assigned to the division designated on the file.

F. Consolidation of Misdemeanor Cases with a Felony Charge Arising Out of the Same

Circumstances:

The Clerk will consolidate misdemeanor cases arising out of the same facts as a felony case into
the felony case. All papers in the misdemeanor case will be filed in the felony case, and the case
will be set for arraignment on the next open felony arraignment docket before the assigned judge.
The felony information will contain the felony case number and show the former misdemeanor
case number.

G. Assignment of Violations of Probation and Miscellaneous Cases:
Violations of probation or community control, adult consequences alternatives, habeas corpus actions contesting the legality of a prisoner’s detention, and any other action filed in a criminal case will be assigned to the division designated on the file. If the file does not contain a current division designation, such as old cases, the case will be assigned according to the following schedule, using the last two numbers in the case:
1. Division A: cases ending in 00-24
2. Division E: cases ending in 25-49
3. Division J: cases ending in 50-74
4. Division M: cases ending in 75-99
H. Assignment of Writs of Mandamus, Certiorari, and Prohibition Arising Out of Criminal Charges in the County Court:
The Clerk will deliver Petitions for Writ of Mandamus, Certiorari, and Prohibition filed in the circuit court and arising out of criminal charges in county court to the Circuit Criminal Division Administrative Judge for action and assignment within the Criminal Division of the circuit court.
I. Assignment of Cases Involving the Same Defendant:
Cases involving the same defendant in two or more divisions in circuit court will be reassigned to the division with the lowest case number sua sponte by the Clerk.
J. Consolidation of Related Cases Involving Violations of Probation or Community Control:
Violations of probation or community control cases involving the same defendant and pending in two or more divisions will be assigned to the division with the lowest case number sua sponte by the Clerk. Defendants who have a new felony case in Seminole County and who have a violation of probation or community control pending will have the new violation case(s) assigned with the new felony case if the violation alleges the new case as a ground for the violation. Assignments will be made by the Clerk after an information or indictment has been filed in the new case at the next violation of probation or community control arraignment date.
K. Failure to Appear:
Defendants who are arrested for failure to appear for docket sounding or trial will be placed on the next docket sounding docket before the assigned judge. Defendants who are arrested for failure to appear for violations of probation or community control will be placed on the next violation of probation docket before the assigned judge.
L. Disposition of Cases in Which Juvenile Sanctions Are Imposed:
In any case in which a criminal division judge imposes juvenile sanctions, the case will remain assigned to the criminal division judge, as required by section 985.565(4)(d), Florida Statutes.

II. JUVENILE DIVISION (CJ)

A. The Juvenile Division will be comprised of Divisions B and P. All cases presently assigned to those divisions in the clerk’s system will remain assigned to that division unless the judge assigned to that division orders otherwise in a particular case.

B. All new dependency filings will be assigned equally by the Clerk to Divisions B and P at the time of filing regardless of the case number.

C. All new delinquency filings against a juvenile who is not on probation or conditional release will be assigned to a division based upon the mailing address of the juvenile. A juvenile whose residence or mailing address is Sanford, Midway, Lake Forest, Heathrow, Lake Mary, Lake Monroe, or Longwood will be assigned to Division B. All other juveniles will be assigned to Division P. Any new charge against a juvenile who is on probation or conditional release will be assigned to the division previously assigned to that case or cases.

D. New delinquency filings involving codefendants who would be assigned different divisions because of their mailing addresses or their probationary status will be assigned to the judge assigned to the codefendant with the lowest case number until all of the codefendant cases are resolved. Any violation of probation companion cases will also be assigned to that judge for resolution.

III. PROBATE, GUARDIANSHIP, AND MENTAL HEALTH (CP)

A. The probate, guardianship, and mental health cases will be assigned to Divisions B and P.

B. All new probate, guardianship, and mental health filings will be assigned as follows:
1. Division B: cases ending in an even number
2. Division P: cases ending in an odd number

C. Consolidation and/or Transfer of Probate and Guardianship Cases:
1. All probate cases involving the same individual in any pending guardianship matter will be reassigned to the division with the corresponding guardianship case sua sponte by the Clerk, unless the guardianship case has been closed.
2. The Clerk, upon the filing of any new probate case, will assign the probate case to the division of any pending guardianship case involving the same decedent/ward. If there is no pending guardianship case, then it will be assigned according to paragraph III.B. above.
3. If a guardianship matter was previously filed involving the decedent in any court of any state, and a probate action is thereafter opened in Seminole County, the attorney in the probate action will be required to file a Notice of Related Cases in both the probate action and the guardianship case indicating the guardianship case number(s), the guardianship case name, the jurisdiction where the guardianship case was filed, and the status of the guardianship.
4. The transfer provision does not apply to guardianship cases opened for a minor child of a decedent for the purpose of receiving the estate proceeds not otherwise governed by a trust. However, attorneys opening a guardianship case for a minor child of the decedent must file a Notice of Related Cases in the guardianship case and the probate case, indicating the guardianship case number(s), the guardianship case name, the jurisdiction where the guardianship case was filed, and the status of the guardianship.

IV. CIVIL DIVISION (CA)
A. The circuit Civil Division will be comprised of Divisions G and W. The Civil Division includes forfeiture cases but excludes Jimmy Ryce cases.
B. Any new civil case will, in a random but alternating manner, be assigned to Divisions G or W so that each division will be assigned an equal and proportionate share of each case type.
C. Any general civil case that is not presently assigned in the clerk’s system to Divisions G or W will be reassigned when reactivated on a rotating basis among the divisions beginning with the next division in rotation.

V. FAMILY DIVISION (DR)

A. The Family Division will be comprised of Divisions K and L. The Family Division excludes actions for injunctions for protection against repeat, sexual, or dating violence filed pursuant to section 784.046, Florida Statutes.

B. Any new family case will, in a random but alternating manner, be assigned to Divisions K or L so that each division will be assigned an equal and proportionate share of each case type. However, actions for injunctions for protection against domestic violence filed pursuant to section 741.30, Florida Statutes, shall be assigned pursuant to the existing Family Division – Model Family Court Administrative Order.

C. Any family case that is not presently assigned in the clerk’s system to Divisions K or L will be reassigned when reactivated on a rotating basis among the divisions beginning with the next division in rotation.

VI. Actions for Injunction for Protection Against Domestic Violence (section 741.30), Actions for Injunction for Protection Against Repeat Violence, Sexual Violence, or Dating Violence (section 784.046), and Actions for Injunction for Protection Against Stalking (section 784.048)

A. Upon the filing of a Petition for Injunction for Protection Against Domestic Violence which qualifies as a Unified Family Court injunction as defined in the existing Family Division – Model Family Court Administrative Order, the Clerk shall first determine if any of the children named in the petition are the subject of an open juvenile dependency case in Seminole County. If they are, the Clerk will assign the case and forward the petition to the division assigned to the open juvenile dependency case for action by that judge. If there is no open dependency case, the Clerk will then determine whether there is an open or closed family law case involving the parties. If there is, the Clerk will assign the case and forward the petition to the division assigned to the open or closed family law case according to the existing Family Division – Model Family Court Administrative Order. If there is no open or closed family law case, the Clerk will assign the case and forward the petition to the judge in the family law judicial rotation schedule furnished to the Clerk for review of the petition.

B. All other Petitions for Injunction Against Domestic Violence filed pursuant to section 741.30, and all Petitions for Inunction for Protection Against Repeat Violence, Sexual Violence, and Dating Violence filed pursuant to section 784.046, including Petitions for Injunction Against Stalking filed pursuant to section 784.048, shall be forwarded to the Seminole County judge designated in a rotation furnished to the Clerk from the Seminole County judges to handle injunctions for that particular week.

C. Any Petition for Injunction for Protection Against Sexual Violence in which it is alleged that sexual violence is perpetrated by a child shall be assigned to a presiding juvenile division circuit judge.

VII. Retention of Cases:
The interests of justice may require that a judge retain assignment over one or more cases that would customarily be transferred to another judge at the time of the annual rotation of judicial assignments. Any circuit judge may elect to retain the assignment of individual cases and will accomplish this by entering an order directing the Clerk not to reassign the case.

VIII. Habeas Corpus:

A. Civil:
Habeas corpus actions in pending cases will be assigned to the division in that case. A new habeas corpus action that does not allege unlawful detention in a jail, correctional facility, juvenile detention facility, or medical facility will be assigned to each division like other general civil cases.

B. Probate, Guardianship, and Mental Health:
Habeas corpus actions related to a probate, guardianship, or mental health case will be assigned as follows:
1. Division B: cases ending in an even number
2. Division P: cases ending in an odd number

C. Juvenile:
Habeas corpus actions related to a juvenile case will be assigned to the judge assigned to the case if the detention alleged to be illegal involves a delinquency case pending in the juvenile division. Other habeas corpus actions involving a juvenile who is detained in the Juvenile Detention Center, the county jail, or other state detention or commitment facility will be assigned as follows:
1. Division B: cases ending in an even number
2. Division P: cases ending in an odd number

IX. Assignment of Circuit Court Judges to Divisions:
The circuit judges assigned to the divisions of the court from July 1, 2026, until June 30, 2028, are as follows:
Division A: Melanie Case – Criminal
Division B: William Orth – Juvenile/Probate/Guardianship/Mental Health
Division E: Melissa Souto – Criminal
Division G: Donna Goerner – Civil (effective 1 year, until June 30, 2027)
Division J: Susan Stacy – Criminal (effective 1 year, until June 30, 2027)
Division K: Christopher Sprysenski – Family
Division L: Mark Herr – Family
Division M: Michael Rudisill – Criminal
Division P: John Galluzzo – Juvenile/Probate/Guardianship/Mental Health
Division W: Jessica Recksiedler – Civil (effective 1 year, until June 30, 2027)

DONE AND ORDERED this 1st day of October, 2026.
________________________________
MELANIE CHASE
CHIEF JUDGE

WHEREAS, Florida Rule of General Practice and Judicial Administration 2.250 establishes reasonable time standards for the completion of original actions filed in the trial courts;

WHEREAS, pursuant to the foregoing, this Court issued Administrative Order No. 25-08 regarding Implementation of Civil Differentiated Case Management to provide effective, early, and continuous control of case processing to ensure faire and prompt resolution of original actions as required by Florida Rule of General Practice and Judicial Administration 2.545;

WHEREAS, the implementation of active case management pursuant to Administrative Order 25-08 has been effective in managing docket size and progressing original actions to a fair and prompt conclusion;

WHEREAS, upon the conclusion of an action either by final judgment, settlement, or dismissal, and after the time for rehearing and appeal has passed, the matter is disposed, and the Clerk of the Court closes the action on the Clerk’s case management system;

WHEREAS, after the action is closed, if a party files a post-disposition motion in the action, the record activity triggers the reopening of the action in the Clerk’s system without any mechanism to actively case manage the reopened matter;

WHEREAS, when a post-disposition motion reopens an action and the filing party fails to take any action to proceed on the motion, the action will remain open and languish, unmanaged without any case management guidelines;

WHEREAS, these reopened and unmanaged actions unnecessarily burden the resources of the Court and the Clerk of the Court; and

WHEREAS, the procedures provided herein are intended to assist the participants to proactively manage their time and resources and to avoid unnecessarily burdening the resources of the Court and the Clerk of the Court;

NOW, THEREFORE, pursuant to the authority vested in me as Chief Judge of the Eighteenth Judicial Circuit of Florida under Article V, section 2(d) of the Florida Constitution, sections 40.001 and 43.26, Florida Statutes, Florida Rule of General Practice and Judicial Administration 2.215, and Florida Rule of Civil Procedure Florida Rule of Civil Procedure 1.200,

IT IS ORDERED:

I. This Administrative Order governs all civil actions that have been previously disposed of and closed, but in which a post-disposition motion for relief has been filed, and as a result thereof, the record reflects that the action has been “reopened” on or after the effective date of this Order.

II. For any such reopened action where a post-disposition motion remains on the record for more than 60 days and said motion has not been resolved by an agreed order, or no notice of hearing on said motion has been filed, the Court will determine that said motion has been abandoned and enter an order denying the motion.

III. Upon the denial of such post-disposition motion, the Clerk of the Court will administratively close the case without further order of the Court.

IV. This Administrative Order shall take effect immediately and remain in effect until modified or rescinded.
DONE AND ORDERED this 11th day of June 2026.

MELANIE CHASE
CHIEF JUDGE

WHEREAS, on September 24, 2025, the Chief Justice of the Supreme Court of Florida assigned and designated The Honorable Jerry L. Brewer for statewide judicial service, effective October 1, 2025, through September 30, 2026, and authorized him to hear, conduct, try, and determine the causes presented to him upon approval by the chief judge, and thereafter to dispose of all matters considered by him;

WHEREAS, pursuant to Florida Rule of General Practice and Judicial Administration 2.215(b)(4), the chief judge may assign any judge to temporary service for which the judge is qualified “in any court in the same circuit;” 

WHEREAS, pursuant to In re Report and Recommendations of Committee on Appointment and Assignment of Senior Judges, 847 So. 2d 415 (Fla. 2003), the chief judge has “maximum flexibility in making assignments of senior judges,” and a senior judge is not prohibited from serving in a court superior to the court in which the judge had been elected or appointed;

WHEREAS, the Family Division for the Eighteenth Judicial Circuit in and for Seminole County, Florida, is currently comprised of two circuit court divisions, Division K and Division L; 

WHEREAS, the Family Division conducts “Injunction Hearings,” defined herein as hearings on Petitions for Injunction for Protection Against Domestic Violence, Repeat Violence, Sexual Violence, Dating Violence, and Stalking (which includes Cyberstalking pursuant to section 784.0485(1), Florida Statutes);

WHEREAS, in order to maximize the efficient administration of justice and judicial labor in the Family Division of Seminole County, and to ensure timely and prompt disposition of petitions for injunction;

It is hereby ORDERED:

1. The Honorable Jerry L. Brewer, a qualified senior county court judge in Seminole County, is hereby temporarily assigned to supplement and aid the circuit judges assigned to the Family Division in Seminole County by conducting Injunction Hearings wherein the involved parties do not have a related, active family law case.
2. This cross-assignment to the Family Division is to aid and assist the Family Division in Seminole County on a temporary basis only. Wild v. Dozier, 672 So. 2d 16 (Fla. 1996); Crusoe v. Rowls, 472 So. 2d 1163 (Fla. 1985).  Judge Brewer will preside over these matters at the Downtown Sanford Civil Courthouse located at 301 North Park Avenue, Sanford, FL 32771. 
3. The service of this senior county court judge in the Family Division is restricted to a specific, limited class of cases; specifically, only Injunction Hearings that do not have a related, active family matter between the parties.
4. This assignment is necessary to provide additional judicial resources to promptly hear and dispose of petitions for injunction. The purpose of this temporary assignment is to assist and supplement, not to be a permanent assignment that usurps, supplants, or replaces a circuit judge in the Family Division in Seminole County. 
5. When conducting Injunction Hearings, the senior county court judge assigned in this Order shall have all powers and authority of a circuit judge in every respect. This authority includes, but is not limited to, the issuing of orders in the circuit court assigned to the Family Division, as deemed necessary and appropriate. 
6. This Administrative Order shall be effective from the date of signing through September 30, 2027.
7.  

DONE AND ORDERED this 1^st day of October 2026. 

MELANIE CHASE

CHIEF JUDGE

WHEREAS the Seminole County Drug Testing Laboratory is accessible to all circuit and county courts in Seminole County and will provide on-site testing for clients in all court divisions, including family court, that will ensure quicker results, less travel time, increased access to treatment options, and an increase in public safety for the citizens of Seminole County.  

WHEREAS the Seminole County Drug Testing Laboratory is funded based on fees and grant funding; (Open AO for more information.)”

Additional Information:

• Article V, section 2(d) of the Florida Constitution
• Florida Statutes 43.26
• Florida Rules of General Practice and Judicial Administration, Rule 2.215
• Seminole County Ordinance No. 2024-32

Chapter 397, Florida Statutes, commonly referred to as The Hal S. Marchman Alcohol and Other Drug Services Act (“Marchman Act”), authorizes judges to enter orders, ex parte or after notice and a hearing, authorizing the involuntary assessment, treatment and stabilization of individuals, and further requires the court to consider Petitions for Involuntary Treatment Services when timely filed. The establishment of procedures and implementation of a uniform petition and uniform orders for Marchman Act proceedings is necessary to ensure the efficient and expeditious processing and resolution of such actions.

By the power vested in the chief judge under Article V, section 2(d) of the Florida Constitution, section 43.26, Florida Statutes, and Rule 2.215 of the Florida Rules of General Practice and Judicial Administration, effective immediately, unless otherwise provided herein, to continue until further order and superseding any provisions in prior Administrative Orders that may be inconsistent, it is ORDERED:

(A) Upon the filing of a Petition for Involuntary Treatment Services for a substance abuse impaired person, the Clerk of the Court shall forward the court records to the Mental Health/Risk Protection Order Duty Judge. Any self-represented party filing a Petition for Involuntary Treatment Services for a substance abuse impaired person shall utilize the standard Petition attached hereto as Attachment “A”.

(B) Upon receipt of a Petition for Involuntary Treatment Services, the Duty Judge shall either:

(1) Issue an order and summons for the Respondent to appear for a hearing to be held within ten (10) court working days from the date the Petition is filed, unless a continuance is granted. The Duty Judge shall utilize the order attached hereto as Attachment “B” (Brevard County) or Attachment “C” (Seminole County). The hearing may be referred to a General Magistrate as provided
by law. The Duty Judge shall also determine whether the Respondent is represented by counsel and, if appropriate based on the contents of the Petition, enter an order provisionally appointing the Office of Criminal Conflict and Civil Regional Counsel to represent the Respondent until a determination of indigency is completed; or

(2) Enter an order denying the Petition for Involuntary Treatment Services if the Duty
Judge determines the allegations do not reasonably meet the criteria for involuntary admission (or none of the provisions of section 397.68111(2)-(4), Florida Statutes, have been met), or that the Petition was not executed by the appropriate individual. In this case, the Duty Judge shall utilize the order attached hereto as Attachment “D”.

(C) If an order and summons is issued pursuant to (B)(1), the Duty Judge shall transmit the order and summons to the Clerk of the Court who shall furnish a copy of the Petition, order and summons, and any other document related to the Petition for Involuntary Treatment Services to the Sheriff of the county in which the Respondent resides or can be found, who shall effect service upon the Respondent as soon thereafter as possible on any day of the week and at any time of the day or night. The Clerk of the Court shall also furnish to the Sheriff such information on the Respondent’s physical description and location. If the Petitioner is represented by counsel, the judge shall, in addition to transmitting the order to the Clerk for filing and docketing, copy (CC) the order to counsel for the Petitioner who may utilize a private certified process server in lieu of the Sheriff. The Sheriff, or counsel for Petitioner, as appropriate, shall file with the court a return indicating service or non-service.

(D) Upon receipt of a Petition for Involuntary Treatment Services, the Mental Health/Risk Protection Order Duty Judge may also, consistent with the requirements of section 397.68141 and 397.6818, Florida Statutes, either:

(1) Enter an ex parte order authorizing the involuntary assessment and stabilization (Brevard County) or ex parte order authorizing the involuntary assessment and stabilization and order and summons to appear at hearing on petition for involuntary treatment services (Seminole County) of the Respondent if it is determined the allegations demonstrate that exigent and/or emergency circumstances exist and is legally sufficient to warrant ex parte relief. In this case, the Duty Judge shall utilize the order attached hereto as Attachment “E” (Brevard County) or Attachment “F” (Seminole County) and shall enter, if appropriate, an order appointing counsel; or

(2) Enter an order denying a request for involuntary assessment and stabilization if the Duty Judge determines the allegations do not demonstrate that exigent and/or emergency circumstances exist and/or an assessment has already been completed in the previous 30 days. In this case, the judge shall utilize the order attached hereto as Attachment “G”. (E) If an ex parte order granting the involuntary assessment and stabilization of a Respondent is entered pursuant to (D)(1), the Duty Judge shall transmit the order to the Clerk of the Court who shall furnish a copy of the Petition, ex parte order, and any other document related to the action to the Sheriff of the county in which the respondent resides or can be found, who shall effect service upon the respondent as soon thereafter as possible on any day of the week and at any time of the day or night. The Clerk of the Court shall also furnish to the Sheriff such information on the respondent’s physical description and location. The Sheriff shall file with the court a return indicating service or non-service, as appropriate.

(F) If an order denying ex parte relief is entered pursuant to (D)(2), the Duty Judge shall transmit the order to the Clerk of the Court who shall furnish a copy of the order denying ex parte relief to the Sheriff to be included with the documents to be served by the Sheriff pursuant to (C).

(G) If an ex parte order authorizing the involuntary assessment and stabilization of the Respondent is entered, a licensed service provider shall conduct an assessment and stabilization of any individual involuntarily admitted pursuant to the Marchman Act within 72 hours of such person’s admission to such facility. If such provider is unable to conduct an assessment within 72 hours of the person’s admission, the provider may file a written request for an extension of time to complete the assessment. Such request for extension of time shall be furnished to all parties, and a courtesy copy delivered to the assigned division judge. Upon receipt of such filing, the assigned judge may, after review, grant additional time not to exceed the time period within which the Petition for Involuntary Treatment Services has been scheduled for hearing. The licensed service provider shall file the Respondent’s clinical assessment with the Clerk of the Court and shall also provide it to the Petitioner, the Respondent, and any counsel no later than the ordinary close of business the day before the hearing on the Petition for Involuntary Treatment Services, which shall satisfy the provisions of section 397.6758, Florida Statutes if it contains the Respondent’s admission and discharge information. In addition, the Clerk of the Court shall provide the Respondent’s clinical assessment to the Petitioner, Respondent, and any counsel representing parties in the matter.
The Uniform Petition and Orders attached to this Administrative Order may be amended from time to time without further amendment of this Administrative Order.

DONE AND ORDERED this 26th day of March 2025.

CHARLIE CRAWFORD
CHIEF JUDGE

Additional Information:

• Supersedes AO 24-47
• Supersedes AO 25-09

IN RE: CIRCUIT CIVIL – CONTRABAND FORFEITURE ACT PROCEDURES

WHEREAS, The Florida Contraband Forfeiture Act sets forth the procedural requirements governing the forfeiture of contraband articles. See Sections 932.701–932.7062, Florida Statutes, and

WHEREAS, Section 932.703, Florida Statutes, now provides that when a seizure of property is made under the Florida Contraband Forfeiture Act, Florida Statutes, the seizing agency shall apply, within ten (10) business days after the date of seizure, to a court of competent jurisdiction, for an order determining whether probable cause exists for the seizure of the property, and

WHEREAS, in most instances involving property forfeiture, a criminal arrest involving the claimant or potential claimant has been made and a related circuit criminal case number exists, and

WHEREAS, Civil Forfeiture involves court proceedings which occur prior to the filing of a Forfeiture Complaint and therefore prior to the assignment of a civil court case number associated with the forfeiture, and

WHEREAS, an Administrative Order will assist in the provision of uniform procedures, address the filing and maintenance of documentation and provide for the uniform disposition of forfeiture proceedings and ensure consistency amongst all seizing agencies within the courts of the Eighteenth Judicial Circuit, Brevard County.

NOW, THEREFORE, in order to facilitate the efficient operation of the administration of justice, and pursuant to the authority vested in me as Chief Judge of the Eighteenth Judicial Circuit of Florida, Brevard County, in accordance with Article V, section 2, Florida Constitution, pursuant to Rule of General Practice and Judicial Administration 2.215, and section 43.26, Florida Statutes, hereby order the following, effective for forfeiture seizures of property which occur within Brevard County, and to continue until further order,

IT IS HEREBY ORDERED

1. Circuit Civil Forfeiture Proceedings Generally

In accordance with section 932.704(2), Florida Statutes, of the Florida Contraband Forfeiture Act, all civil forfeiture cases shall be heard before a circuit judge. In Brevard County, complaints filed seeking forfeiture shall be assigned to any civil division judge in the same manner other circuit civil cases are assigned.

1. Notice of Seizure & Right to Adversary Preliminary Hearing
   1. Section 703(3), Florida Statutes, includes a right to an Adversarial Preliminary Hearing upon request. Pursuant to this statute a specific notice of this right must be provided by the seizing agency. All law enforcement agencies within the Eighteenth Judicial Circuit, Brevard County, shall be responsible for providing such Notice of Forfeiture Seizure/Right to Adversarial Preliminary Hearing.
   2. When any person receiving the Notice of Forfeiture Seizure/ Right to Adversarial Preliminary Hearing, requests an Adversarial Preliminary Hearing in conformity with the statute, the seizing agency is then required to set the hearing within ten (10) days of receipt of said request, or as soon as practicable thereafter. Adversarial Preliminary Hearings held prior to the filing of a forfeiture complaint shall be scheduled with a circuit judge assigned to the civil division and heard pursuant to the judicial rotation schedule outlined in the Brevard County Circuit Civil Forfeiture Filing scheduled under the eWarrants program. For the purpose of documenting proper notice of the hearing, in the absence of an existing civil case number, the Notice of Hearing shall be filed in the circuit civil division as an “Other Circuit Civil” case. The attorney setting the hearing shall make sure the hearing is coordinated with the civil court judge and that the notice is also provided to the civil judge who will be hearing the matter.
2. Application for an Ex-Parte Order Finding Probable Cause for Seizure
   1. Effective July 1, 2016, to obtain a ruling pursuant to section 703(2)(a), Florida Statutes, the seizing agency shall, within ten (10) business days of the seizure, submit an Ex-Parte Application for a 10-day Probable Cause Forfeiture Seizure Determination with an accompanying affidavit to the court for ex-parte review and ruling. The submission packet must include both a proposed Ex-Parte Order Finding Probable Cause for Seizure and a proposed Ex-Parte Order Denying Probable Cause for Seizure. The Ex-Parte Application for the 10-day Probable Cause Determination and the proposed orders shall be in substantially the same format.
   2. Submission of such Application and Proposed Orders may be by use of the e-warrant system in the same manner that search warrants and arrest warrants are submitted. The submission by the e-warrant system shall indicate “Search Warrant” and also identify the submission as a Civil Forfeiture. Ex parte probable cause affidavits shall not be submitted after business hours to the court for review but shall be submitted during regular business hours to a circuit judge assigned to the civil court division pursuant to judicial rotation as outlined in the Brevard County Circuit Civil Forfeiture Filing scheduled under the eWarrants program. All 10-day Probable Cause Applications, supporting affidavits and Orders determining Probable Cause shall include the agency case number if there is a corresponding agency case number and under the case number the terms “Civil Forfeiture.”
   3. After the assigned judge has made his/her findings, the Application for Probable Cause, the affidavit in support of such application, and the court order determining probable cause shall be retained by counsel for the submitting seizing agency or the submitting agency affiant in the absence of counsel and shall be filed as further provided in this Administrative Order. If a formal complaint for forfeiture is filed with the clerk of court – circuit civil division, the Application for Probable Cause, the affidavit in support of such application and the Court Order Finding Probable Cause shall be filed as attachments to the Civil Forfeiture Complaint. The affidavit used in support of the Probable Cause Order shall be sufficient to support the Complaint for Forfeiture, however a supplemental affidavit containing additional facts may also be
   4. If a Civil Forfeiture Complaint is not filed with the clerk of court, circuit civil division, then the Application for Probable Cause, the affidavit in support of such application and the Court Order determining Probable Cause shall be filed with the clerk of court, circuit civil division as a “Circuit Civil Administrative case.”
   5. In all cases where an ex parte probable cause determination has been made by the court and where a Forfeiture Complaint is not filed, a Civil Forfeiture Return shall be prepared indicating that a Formal Forfeiture Complaint was not If an agreement with the owner/claimant was reached in lieu of the filing of a Forfeiture Complaint, but after an ex parte finding of probable cause then such disposition shall also be reflected on the Civil Forfeiture Return. The Civil Forfeiture Return shall be filed or maintained in the same manner as the Application for Probable Cause and other related documents when a Formal Complaint for Forfeiture is not filed.
   6. Pursuant to State Statute, no additional Probable Cause determination will be required if a 10-Day Ex Parte Order Finding Probable Cause for Forfeiture Seizure has been entered. The entry of an Order finding Probable Cause for seizure does not negate a claimant’s right to request an Adversarial Preliminary
   7. No filing fee is required for submission of a 10-Day Application for Probable Cause Finding as these are handled as ex parte requests similar to arrest and search warrants. No filing fee is required for the scheduling and handling of the Adversarial Preliminary Hearing unless a circuit civil case number is requested.
3. Complaint for Forfeiture and § 932.704(5)(c), Florida Statutes, Administrative Order
   1. Section 932.704(5)(c), Florida Statutes, states that the court shall require any claimant who desires to contest the forfeiture to file and serve upon the attorney for the seizing agency any responsive pleading and affirmative defenses within twenty (20) days after the receipt of the complaint. To comply with this provision, the court shall include this notifying language advising the claimant of the responsive pleading requirements in any Order finding Probable Cause for Seizure. The seizing agency shall include a copy of the Order Finding Probable Cause with the Complaint and summons to be served upon the
   2. Upon filing of the complaint and accompanying documents as set forth in Section C.3 of this order and payment of the appropriate filing fee, clerk fees and posting of bond pursuant to section 932.704(4), Florida Statutes, the clerk of court shall open a circuit civil case which shall be treated in all regards as a civil proceeding.
   3. Bond may be by surety or by cash. Upon resolution of the Forfeiture Complaint, the court shall direct disposition of the bond. If the court orders payment of bond to the claimant, and the seizing agency deposited surety bond, the seizing agency shall deposit the payment with the clerk along with any authorized clerk fees so that payment may be provided to the claimant by the Upon payment to the clerk by the seizing agency, the clerk shall release the surety from further obligation.

DONE AND ORDERED this 28th day of July 2025.

_______________________________

MELANIE CHASE

CHIEF JUDGE

Additional Information:

• Florida Constitution Article V, section 2(d)
• Florida Statutes Section 43.26 and 948.09
• Florida Rules of Judicial Administration Rule 2.215

Additional Information:

• Article V, section 2(d) of the Florida Constitution
• Florida Statutes Section 43.26
• Florida Rules of Judicial Administration Rule 2.215

Additional Information:

• Article V, section 2(d), Florida Constitution

• Florida Statutes Section 43.26

• Florida Rule of Judicial Administration 2.215