J. PRESTON SILVERNAIL – Eighteenth Judicial Circuit Courts

1999 Admin Order 99-29-s

Web Manager — Tue, 30 Nov 2021 21:32:03 +0000

EXCERPT: “IT IS ORDERED, that the following administrative order is hereby rescinded: In Re: Jail – Weekend Jail Program in Seminole County Done and Ordered this 12th day of November 1999.”

1999 Admin Order 99-27-b

Web Manager — Tue, 30 Nov 2021 21:31:59 +0000

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.”

1999 Admin Order 99-26-b

Web Manager — Tue, 30 Nov 2021 21:31:54 +0000

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.)”

1999 Admin Order 99-25

Web Manager — Tue, 30 Nov 2021 21:31:45 +0000

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.”

1999 Admin Order 99-23

Web Manager — Tue, 30 Nov 2021 21:31:38 +0000

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.)”

1999 Admin Order 99-22

Web Manager — Tue, 30 Nov 2021 21:31:34 +0000

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.)”

1993 Admin Order 93-13-b

Web Manager — Tue, 30 Nov 2021 21:27:45 +0000

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

2011 Admin Order 11-20-b Amended

Web Manager — Tue, 30 Nov 2021 21:03:22 +0000

IT IS HEREBY ORDERED that administrative order 06-19-B reassigning all cases where Brian N. Onek, Esq., appears as attorney of record for any party in front of Judge Benjamin B. Garagozlo is hereby rescinded.

DONE and ORDERED this 30th day of June 2011.

2011 Admin Order 11-16

Web Manager — Tue, 30 Nov 2021 21:03:17 +0000

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orders from time to time become obsolete; IT IS ORDERED that the following administrative orders are hereby rescinded:

08-22-S SUPERSEDES 05-29-S: In Re: Judges – Caseload Assignment – Reassignment of Cases Assigned to Judge Clayton D. Simmons
09-10-B: In Re: Judges – Caseload Assignment – Reassignment of Cases Assigned to Judge John M. Griesbaum
09-29-B: In Re: Judges – Caseload Assignment – Reassignment of Cases Assigned to Judge Michelle Vitt Baker
10-02-S: In Re: Judges – Caseload Assignment – Reassignment of Cases Assigned to Judge Clayton D. Simmons
10-04-S: In Re: Judges – Caseload Assignment – Reassignment of Cases Assigned to Judge Clayton D. Simmons
10-11-S: In Re: Judges – Caseload Assignment – Reassignment of Cases Assigned to Judge Clayton D. Simmons

DONE AND ORDERED this 3rd day of May 2011.

2011 Admin Order 11-15-s

Web Manager — Tue, 30 Nov 2021 21:03:13 +0000

EXCERPT: “IT IS THEREFORE, ORDERED AND ADJUDGED; When a juvenile is taken into custody by a law enforcement officer, charged with a delinquent act and given a notice to appear, the Department of Juvenile Justice (DJJ) shall submit, within 24 hours after a child is placed into detention or within 20 days after the date a child is taken into custody, a written recommendation to the State Attorney’s Office that includes a copy of the original probable cause affidavit and a copy of the child’s prior record as required by F.S. 985.145(1)(j). (Open AO for more information.)”

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