25-17-S AMENDED, SUPERSEDES 25-17-S IN RE: COUNTY COURT - SMALL CLAIMS PRE-TRIAL CONFERENCES IN PIP CASES - ORDERED 08/278/2025 BY MELANIE CHASE
WHEREAS, pursuant to Article V, section 2(d) of the Florida Constitution, sections 40.001, 43.26, and 905.01, Florida Statutes, and Florida Rules of General Practice and Judicial Administration 2.215 and 2.250 vest the Chief Judge with the authority to issue administrative orders to promote the prompt and efficient administration of justice; and
WHEREAS, Florida Rule of General Practice and Judicial Administration 2.215(b)(3) states the Chief Judge shall “develop an administrative plan” and “shall, considering available resources, ensure the efficient and proper administration of all courts within [this] circuit.”
WHEREAS, Florida Small Claims Rule 7.020(c) permits the court to invoke the Florida Rules of Civil Procedure in any particular small claims action on the motion of any party, stipulation of all parties, or on the court’s own motion; and
WHEREAS, small claims cases filed solely against insurance companies have consistently involved invocation of the Florida Rules of Civil Procedure and waiver of pretrial conferences, resulting in a significant administrative burden when done by individual order; and
WHEREAS, consolidation and clarification of existing procedures are necessary to ensure uniformity, judicial efficiency, and appropriate allocation of court resources;
WHEREAS, a Standing Order Invoking the Florida Rules of Civil Procedure uniformly throughout Seminole County in small claims cases in which an insurance company is the sole defendant promotes judicial economy and efficiency.
WHEREAS, in accordance with the authority vested in the Chief Judge by Article V, section 2(d) of the Florida Constitution, section 43.26, Florida Statutes, and Florida Rule of General Practice and Judicial Administration 2.215, it is hereby
ORDERED, effective August 27th 2025:
- The Clerk of the Court shall no longer set for pretrial conference small claims cases in which the sole defendant is an insurance company.
- Upon the filing of a small claims case in which an insurance company is the sole defendant, the Florida Rules of Civil Procedure shall automatically be invoked without further order of the court, except that Rule 1.440 shall not be invoked, and Rules 7.135 and 7.150 are reserved and prevail over Rule 1.430. The parties’ appearance at the small claims pretrial conference shall accordingly be waived and cancelled, if already inadvertently set.
- Defendant shall have 30 days from the service of this Administrative Order to respond to any outstanding discovery.
- As part of the invocation of the Florida Rules of Civil Procedure, Form 1.902 summons shall be used for service of process. The plaintiff is required to submit the statutory fee and proposed summons to the Clerk for issuance.
- This Administrative Order shall apply to each such case where the sole defendant is an insurance company and shall be served with the complaint.
- In all small claims actions not solely against an insurance company, the Florida Rules of Civil Procedure shall only apply upon the entry of an order by the Court. The requesting party must submit a motion and proposed order, or an agreed order, invoking the Florida Rules of Civil Procedure. The Clerk shall not cancel a scheduled pretrial conference unless an order invoking the Florida Rules of Civil Procedure has been entered.
- For all small claims cases in which the Florida Rules of Civil Procedure are invoked, either automatically or by court order, the Court will issue a streamlined Case Management Order pursuant to Administrative Order 25-08.
- This Order shall take effect on August 27th 2025 and remain in full force and effect unless modified or rescinded by further order.
DONE AND ORDERED this 27th day of August 2025.
MELANIE CHASE
CHIEF JUDGE
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