JAMES E.C. PERRY – Eighteenth Judicial Circuit Courts

2009 Admin Order 09-25

Web Manager — Tue, 30 Nov 2021 21:01:42 +0000

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orders from time to time become obsolete; IT IS ORDERED that the following administrative orders are hereby rescinded: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

2005 Admin Order 05-21-s

Web Manager — Tue, 30 Nov 2021 20:57:48 +0000

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.)”

2005 Admin Order 05-02-s

Web Manager — Tue, 30 Nov 2021 20:57:33 +0000

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

2005 Admin Order 05-01-s

Web Manager — Tue, 30 Nov 2021 20:57:28 +0000

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.)”

2004 Admin Order 04-49-b

Web Manager — Tue, 30 Nov 2021 20:57:25 +0000

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.

2004 Admin Order 04-48

Web Manager — Tue, 30 Nov 2021 20:57:21 +0000

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

2004 Admin Order 04-46

Web Manager — Tue, 30 Nov 2021 20:57:16 +0000

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:

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.
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.
This administrative order shall be effective immediately.

Done and Ordered this 8th day of October 2004

2004 Admin Order 04-34-s

Web Manager — Tue, 30 Nov 2021 20:57:09 +0000

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

2004 Admin Order 04-27-b

Web Manager — Tue, 30 Nov 2021 20:57:01 +0000

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:

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.
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.

2004 Admin Order 04-25

Web Manager — Tue, 30 Nov 2021 20:56:57 +0000

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.