IN THE TIDRTEENTH JUDICIAL CIRCUIT HILLSBOROUGH … · Florida Supreme Court Administrative Order...

IN THE TIDRTEENTH JUDICIAL CIRCUIT HILLSBOROUGH COUNTY, FLORIDA

ADMINISTRATIVE ORDER S-2020-044 (Supersedes Administrative Orders S-2020-023,

S-2020-035 and S-2020-039)

CONTINUITY OF COURT OPERATIONS & JUDICIAL PROCEEDINGS DURING COVID-19 MITIGATION EFFORTS

TRANSITIONING FROM PHASE 1 TO PHASE 2

Section 1 - Jury Proceedings Section 2 - Small Claims and County Civil Cases Section 3 - Civil Traffic Infraction Cases Section 4 - Circuit Civil Cases Section 5- Family Law Cases Section 6 - Protective Injunction Cases Section 7 - Juvenile Dependency Cases Section 8- Judicial Waiver of Parental Notice and Consent Cases Section 9 - Probate, Guardianship and Mental Health Cases Section 10 - Juvenile Delinquency Cases Section 11 - County Criminal Cases Section 12- Circuit Criminal Cases Section 13 -Problem-Solving Court Cases Section 14 - Transportation of Criminal Defendants Section 15 - Discovery Section 16 - Court-Ordered Mediation and Arbitration Section 1 7 - Certified Process Servers Section 18- Limited In-Person Court Proceedings Section 19 - Previous Administrative Orders Superseded Section 20 - Effective Date

As a result of the public health emergency declared in response to the COVID-19 pandemic, the Florida Supreme Court has identified four phases of the pandemic relating to court operations and judicial proceedings:

Phase 1 - In-person contact is inadvisable, court facilities are effectively closed to the public, and in-person judicial proceedings are rare;

Phase 2 - Limited in-person contact is authorized for certain purposes and requires use of protective measures;

Phase 3 - In-person contact is more broadly authorized and protective measures are relaxed; and

Phase 4 - COVID-19 no longer presents a significant risk to public health and safety.

Florida Supreme Court Administrative Order AOSC20-28 (April21, 2020).

The Florida Supreme Court has issued various other emergency administrative orders that can be publicly accessed on its website at: https://www.floridasupremecourt.org/Emergency. Several of these administrative orders impact court operations and judicial proceedings in the trial courts.

In Administrative Order AOSC20-32, Amendment 3 (August 12, 2020), the Florida Supreme Court approved revised recommendations of the Workgroup on the Continuity of Court Operations and Proceedings During and After COVID-19 (Workgroup) regarding certain benchmarks that need to be met and certain requirements that need to be memorialized in an operational plan prior to any judicial circuit transitioning from Phase 1 of the COVID-19 pandemic (current phase) to Phase 2.

The Thirteenth Judicial Circuit has now met these revised benchmarks and has submitted its operational plan for filing with the Office of the State Courts Administrator in order to transition from Phase 1 to Phase 2. The chief judge, in accordance with Florida Supreme Court Administrative Order AOSC20-23, Amendment 6 (August 12, 2020), hereby determines that the Thirteenth Judicial Circuit will transition to Phase 2 effective August 31, 2020.

In accordance with the above Florida Supreme Court administrative orders and Chief Justice Charles T. Canady's May 21, 2020 memorandum encouraging consideration of the Workgroup's Phase 2 Recommendations for the Priority in which to Resume Certain Jn.:.Person Trial Court Proceedings, a presiding judge may only conduct certain in-person hearings if the judge makes the specific determination that remotely conducting the proceeding is either:

A. Inconsistent with the United States or Florida Constitution, a statute, or a court rule that has not been suspended by administrative order; or

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- Transitioning from Phase 1 to Phase 2)

B. Infeasible because a participant in the proceeding lacks the technological resources necessary to conduct the proceeding or, for reasons directly related to the public health emergency, lacks the staff resources necessary to conduct the proceeding.

By the power vested in the chief judge under article V, section 2( d), Florida Constitution; section 43.26, Florida Statutes; Florida Rule of Judicial Administration 2.215(b); and Florida Supreme Court Administrative Orders AOSC20-23, Amendment 6 (August 12, 2020) and AOSC20-32, Amendment 3 (August 12, 2020), it is ORDERED:

1. Jury Proceedings A. Grand Jury

The current suspension of all grand jury proceedings will continue until October 5, 2020 on which date prospective grand jurors for the new grand jury term will be summoned. If additional days need to be restored to the term of the already-impaneled grand jury in accordance with section III.A.(3) of Florida Supreme Court Administrative Order AOSC20-23, Amendment 6 (August 12, 2020), the restoration of additional days will be accomplished via separate administrative order upon request of the state attorney.

B. Petit Juries The current suspension of all petit jury selection proceedings and criminal jury

trials will continue until October 19, 2020. Jury selection and jury trials will commence on all non-holiday weekdays effective October 19, 2020 for criminal cases only and will be based on a schedule that has been distributed to the judges and other stakeholders. Civil jury trials remain suspended until further order of the chief judge.

2. Small Claims and County Ci.vil C~ses A. · Remote Hearings or Rulings on the Papers

All matters in cases filed in the County Civil Division may be conducted by (a) teleconferencing; (b) audiovisual conferencing; (c) submission of written motions and written responses with legal analysis 1; or (d) a combination of these methods. Foreclosure and eviction actions may proceed in accordance with Governor DeSantis' Executive Order 20-94, as extended by Executive Orders 20-121 and 20-137, and as extended and amended by Executive Order 20-180, and as may be extended or amended by the governor in the future. The presiding judges of the County Civil Division will determine individually the extent and specific method(s) of conducting

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small claims and county civil cases. The method(s) should be posted on the respective judge's webpage or memorialized in an order filed and served in an individual case. Scheduling of any pretrial conferences for small claims cases must be coordinated with the clerk's office.

B. In-Person Hearings i. Judicial Determination

In Phase 2, a presiding judge of the County Civil Division may conduct an inperson hearing for a proceeding enumerated below if the judge specifically determines that remotely conducting the proceeding is:

a. Inconsistent with the United States or Florida Constitution, a statute, or a court rule that has not been suspended by administrative order; or

b. Infeasible because a participant in the proceeding lacks the technological resources necessary to conduct the proceeding or, for reasons directly related to the public health emergency, lacks the staff resources necessary to conduct the proceeding.

If a presiding judge determines that one of the proceedings below must be conducted via an in-person court appearance, then the presiding judge must conduct the in-person hearing in a courtroom and must ensure that all participants (litigants, attorneys, bailiffs, clerks, court reporters, court interpreters, and judge) are physically able to maintain at least a 6-foot social distance from each other at all times and that all participants wear a face covering or face shield. In accordance with Administrative Order S-2020-038 (Health & Safety Requirements in Courthouse Facilities during COVID-19 Mitigation Efforts), presiding judges are empowered with discretion to have speaking individuals remove their face coverings, or to use face shields or seethrough masks instead, if (a) an individual's facial expressions or features must be observed or (b) an individual's voice is inaudible, or hampered, and potentially could jeopardize the creation of an accurate record.

ii. Specific Proceedings Once a presiding judge of the County Civil Division makes the necessary

inconsistent I infeasible determination above, the judge may conduct an in-person hearing of the following civil proceedings in Phase 2:

• Authorized ex parte matters, e.g. administrative, emergency, or settlement matters;

• Cases in which a statutory timeframe may soon expire; of25- Administrative Order S-2020-044 (Continuity of Court Operations &

Judicial Proceedings during CO VID-19 Mitigation Efforts - Transitioning from Phase 1 to Phase 2)

• Actions subject to summary procedure under chapter 51, Florida Statutes;

• Claims of exemption from a garnishment of wages; and • Approvals of settlements, structured settlements (e.g. annuities), and

transfers of structured settlement payment rights.

3. Civil Traffic Infraction Cases All civil traffic infraction matters in cases pending in Hearing Officer Division

"Z-2," County Civil Traffic Division "F," East County Division "Q," and East County Division "Y," including arraignments and final hearings, may be conducted by audiovisual conferencing. In accordance with Administrative Order S-2020-028 (Conditional Plea of No Contest in Civil Trajjic Infraction Proceedings during COVID-19 Mitigation Efforts), civil traffic infraction hearing officers may consider any written conditional pleas of no contest and enter appropriate dispositions.

4. Circuit Civil Cases A. Remote Hearings or Rulings on the Papers

All matters in cases filed in the Circuit Civil Division may be conducted by (a) teleconferencing; (b) audiovisual conferencing; (c) submission of written motions and written responses with legal analysis2

; or (d) a combination of these methods. Foreclosure and eviction actions may proceed in accordance with Governor DeSantis' Executive Order 20-94, as extended by Executive Orders 20-121 and 20-137, and as extended and amended by Executive Order 20-180, and as may be extended or amended by the governor in the future. The presiding judges of the Circuit Civil Division will determine individually the extent and specific method(s) of conducting circuit civil cases. The method(s) should be posted on the respective judge's webpage or memorialized in an order filed and served in an individual case.

B. Mission Critical Proceedings The presiding judge of any mission critical proceeding enumerated below must

make arrangements to conduct a hearing, if necessary, as soon as practicable after being notified of the matter. Any necessary hearing should be conducted, if possible, by teleconferencing or audiovisual conferencing, but if the presiding judge determines it necessary to conduct a mission critical proceeding in person, the presiding judge may do so as long as the necessary health and safety precautions are observed. See Administrative Order S-2020-038 (Health & Safety Requirements in Courthouse Facilities during COVID-19 Mitigation Efforts).

• Violation of quarantine or isolation orders (§381.00315(l)(c)4., Fla. Stat.); of25- Administrative Order S-2020-044 (Continuity of Court Operations &

Judicial Proceedings during COVID-19 Mitigation Efforts - Transitioningfrom Phase 1 to Phase 2)

• Violation of orders to limit travel (§252.36(5), Fla. Stat.); • Violation of orders to close public or private buildings (§381.00315( 4), Fla.

Stat.); • Habeas corpus petitions (§§381.00315(4) and 381.0012, Fla. Stat.); and • Mandatory vaccinations (§381.00315( 1 )( c )4., Fla. Stat.).

C. Other In-Person Hearings i. Judicial Determination

In Phase 2, a presiding judge of the Circuit Civil Division may conduct an inperson hearing for a proceeding enumerated below if the judge specifically determines that remotely conducting the proceeding is:



If a presiding judge determines that one of the proceedings below must be conducted via an in-person court appearance, then the presiding judge must conduct the in-person hearing in a courtroom and must ensure that all participants (litigants, attorneys, bailiffs, clerks, court reporters, court interpreters, and judge) are physically able to maintain at least a 6-foot social distance from each other at all times and that all participants wear a face covering or face shield. In accordance with Administrative Order S-2020-038 (Health & Safety Requirements in Courthouse Facilities during COVID-19 Mitigation Efforts), presiding judges are empowered with discretion to have speaking individuals remove their face coverings, or to use face shields or seethrough masks instead, if (a) an individual's facial expressions or features must be observed or (b) an individual's voice is inaudible, or hampered, and potentially could jeopardize the creation of an accurate record.

ii. Specific Proceedings Once a presiding judge of the Circuit Civil Division makes the necessary

inconsistent I infeasible determination above, the judge may conduct an in-person hearing of the following non-mission-critical civil proceedings in Phase 2:

• Authorized ex parte matters, e.g. administrative, emergency, or settlement matters;



• Cases in which a statutory timeframe may soon expire; • Actions subject to summary procedure under chapter 51, Florida

Statutes; • Claims of exemption from a garnishment of wages; • Approvals of settlements, structured settlements (e.g. annuities), and

transfers of structured settlement payment rights; and • Jimmy Ryce Act proceedings (except for trial proceedings).

5. Family Law Cases A. Remote Hearings or Rulings on the Papers

All matters in cases filed in the Family Law Division may be conducted by (a) teleconferencing; (b) audiovisual conferencing; (c) submission of written motions and written responses with legal analysis; or (d) a combination of these methods. The presiding judges, general magistrates, non-Title IV-D child support enforcement hearing officers and Title IV-D child support enforcement hearing officers of the Family Law Division will determine individually the extent and specific method(s) of conducting family law cases. The method(s) should be posted on the individual judge's, general magistrate's, and hearing officer's webpage or memorialized in an order filed and served in an individual case.

B. In-Person Hearings i. Judicial Determination

In Phase 2, a presiding judge of the Family Law Division may conduct an in-person hearing for a proceeding enumerated below if the judge specifically determines that remotely conducting the proceeding is:



If a presiding judge determines that one of the proceedings below must be conducted via an in-person court appearance, then the presiding judge must conduct the in-person hearing in a courtroom and must ensure that all participants (litigants, attorneys, bailiffs, clerks, court reporters, court interpreters, and judge) are physically able to maintain at least a 6-foot social distance from each other at all times and that of25- Administrative Order S-2020-044 (Continuity of Court Operations &


all participants wear a face covering or face shield. In accordance with Administrative Order S-2020-038 (Health & Safety Requirements in Courthouse Facilities during COVID-19 Mitigation Efforts), presiding judges are empowered with discretion to have speaking individuals remove their face coverings, or to use face shields or seethrough masks instead, if (a) an individual's facial expressions or features must be observed or (b) an individual's voice is inaudible, or hampered, and potentially could jeopardize the creation of an accurate record.

ii. Specific Proceedings Once a presiding judge of the Family Law Division makes the necessary

inconsistent I infeasible determination above, the judge may conduct an in-person hearing of the following family law proceedings in Phase 2:

• Child support contempt hearings; and

• Evidentiary hearings that result in a final judgment of dissolution of marriage, name change, or adoption.

C. Shared Parenting If a final judgment, temporary order, or other order of the court awards parental

responsibility or time-sharing, the parties must follow the calendar as published in the order and neither parent is authorized to make a unilateral modification to the timesharing calendar based on the COVID-19 pandemic. Any time-sharing modification will be based only upon the parties' mutual agreement or upon motion and subsequent court order. If the parties elect jointly to modify time-sharing consistent with this provision, the modification must be communicated in writing between the parents by e-mail, text, or parenting communication application (e.g. OurFamilyWizard® or Talking Parents).

D. Parental Time-Sharing Exchanges Parental time-sharing exchanges that were to take place at a school or daycare

that is not currently open because of the COVID-19 pandemic should be arranged between the parents in writing by e-mail, text, or parenting communication application. If the parents cannot agree on an alternate arrangement, the exchanges will take place at the grocery store (Publix, Winn-Dixie, Walmart, or similar type store), home improvement store (Home Depot, Lowe's, or similar type store) or pharmacy (CVS, Walgreen's, or similar type pharmacy) that is located closest to the school or daycare as determined by the distance shown on Google Maps™, Apple Maps™, or some other similar mapping program or website. The parties must also of25- Administrative Order S-2020-044 (Continuity of Court Operations &


clarify between themselves the specific times for exchanges in those cases where the exchange times are not specified. Any filed motions relating to time-sharing exchanges will likely be ruled upon without a hearing.

E. Supervised Visitation at the Children's Justice Center Any in-person supervised visitation previously court-ordered to be held at the

Children's Justice Center (CJC) remains suspended until further order of the chief judge. The general magistrate who recommended or the presiding judge who ordered the supervised visitation may determine any appropriate make-up visitation at a later date or consider whether or not, following a standardized protocol, supervised remote visitation via Zoom™ or telephonic calls could be utilized instead of in-person supervised visitation at the CJC.

F. Title IV -D Child Support Enforcement To the extent that child support enforcement hearing officers for Title IV -D

cases can adequately conduct hearings either through teleconferencing or audiovisual conferencing, these remote appearance services should be used. If remote appearance services are not feasible to allow the parties to adequately participate in a hearing, then the hearing must be continued to a future date, unless the proceeding is a child support contempt hearing and the presiding judge has made a determination required under section 5.B. of this administrative order so that a hearing can be conducted at the courthouse with appropriate social distancing and face covering requirements enforced.

G. Emergency Motions A true emergency exists "where, for example, a child is threatened with

physical harm or is about to be improperly removed from the state ... " Gielchinsky v. Gielchinsky, 662 So. 2d 732, 733 (Fla. 4th DCA 1995). The court, when considering any emergency motion, may require a notarized or sworn written response from the other parent prior to a teleconferencing or audiovisual conferencing hearing being set and the court may rule upon the motion without any hearing.

6. Protective Injunction Cases A. Review of Petition

Petitions for a temporary injunction for protection against (i) domestic violence; (ii) repeat violence; (iii) dating violence; (iv) sexual violence; or (v) stalking will be reviewed by the judge assigned in accordance with the procedures established in Administrative Orders S-2019-045 (Family Law Division).

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B. Return Hearings Return hearings on petitions for protection against (i) domestic

violence; (ii) repeat violence; (iii) dating violence; (iv) sexual violence; or (v) stalking are considered essential. The return hearing should be conducted through teleconferencing or audiovisual conferencing, but if the presiding judge determines it necessary to conduct a return hearing in person, the presiding judge may do so as long as the necessary health and safety precautions are observed. See Administrative Order S-2020-038 (Health & Safety Requirements in Courthouse Facilities during COVID-19 Mitigation Efforts).

7. Juvenile Dependency Cases A. Essential Court Proceedings

The following dependency proceedings are considered essential: (i) daily shelter hearings; (ii) shelter reviews; (iii) reviews of emergency motions and petitions, including any matters that should be heard or adjudicated prior to a child's 18th birthday; and (iv) uncontested motions for reunification. To the extent any essential dependency proceeding requires a hearing, including those with witness testimony, the hearing should be conducted through teleconferencing or audiovisual conferencing, but if the presiding judge determines it necessary to conduct an essential proceeding in person, the presiding judge may do so as long as the necessary health and safety precautions are observed. See Administrative Order S-2020-038 (Health & Safety Requirements in· Courthouse Facilities during COVID-19 Mitigation Efforts).

B. Non-Jury Trials Non-jury trials in termination of parental rights cases (adjudicatory hearings)

will be conducted remotely if ordered by the presiding judge or, if not, will be conducted in person. The presiding judge may also conduct a non-jury trial in a termination of parental rights case via a hybrid model (concurrently in-person and remotely). If conducted via an in-person court appearance or a hybrid model, the presiding judge must conduct the in-person non-jury trial in a courtroom and must ensure that all participants (litigants, attorneys, bailiffs, clerks, court reporters, court interpreters, and judge) are physically able to maintain at least a 6-foot social distance from each other at all times and that all participants wear a face covering or face shield. In accordance with Administrative Order S-2020-038 (Health & Safety Requirements in Courthouse Facilities during COVID-19 Mitigation Efforts), presiding judges are empowered with discretion to have speaking individuals remove their face coverings, or to use face shields or see-through masks instead, if (a) an individual's facial expressions or features must be observed or (b) an individual's



voice is inaudible, or hampered, and potentially could jeopardize the creation of an accurate record.

C. Remote Hearings or Rulings on the Papers Except for the essential dependency proceedings enumerated above and except

for non-jury trials in termination of parental rights cases, all other dependency proceedings may be conducted by (a) teleconferencing; (b) audiovisual conferencing; (c) submission of written motions and written responses with legal analysis; or (d) a combination of these methods. The presiding judges and general magistrates of the Juvenile Dependency Division will determine individually the extent and specific method(s) of conducting non-essential dependency proceedings. The method(s) should be posted on the individual judge's and general magistrate's webpage or memorialized in an order filed and served in an individual case.

D. Other In-Person Hearings i. Judicial Determination

In Phase 2, a presiding judge of the Juvenile Dependency Division may conduct an in-person hearing for a proceeding enumerated below if the judge specifically determines that remotely conducting the proceeding is:



If a presiding judge determines that one of the proceedings below must be conducted via an in-person court appearance, then the presiding judge must conduct the in-person hearing in a courtroom and must ensure that all participants (litigants, attorneys, bailiffs, clerks, court reporters, court interpreters, and judge) are physically able to maintain at least a 6-foot social distance from each other at all times and that all participants wear a face covering or face shield. In accordance with Administrative Order S-2020-038 (Health & Safety Requirements in Courthouse Facilities during COVID-19 Mitigation Efforts), presiding judges are empowered with discretion to have speaking individuals remove their face coverings, or to use face shields or seethrough masks instead, if (a) an individual's facial expressions or features must be

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observed or (b) an individual's voice is inaudible, or hampered, and potentially could jeopardize the creation of an accurate record.

ii. Specific Proceedings Once a presiding judge of the Juvenile Dependency Division makes the

necessary inconsistent I infeasible determination above, the judge may conduct an inperson hearing of the following non-essential proceedings in Phase 2:

• Advisory hearings; and • Dependency arraignment hearings.

E. Visitations i. Supervised Visitations at the Children's Justice Center

Any in-person supervised visitation previously court-ordered to be held at the Children's Justice Center (CJC) remains suspended until further order of the chief judge. The general magistrate who recommended or the presiding judge who ordered the supervised visitation may determine any appropriate make-up visitation at a later date or consider whether or not, following a standardized protocol, supervised remote visitation via Zoom™ or telephonic calls could be utilized instead of in-person supervised visitation at the CJC.

11. Other Visitations Eckerd Connects, its affiliate case management organizations, and the

Hillsborough County Sheriffs Office are authorized to conduct by electronic means, rather than in-person, all previously ordered visitation between a child and that child's parent, legal guardian, or sibling. Case managers and child protective investigators must take all action to ensure that visitation is neither denied nor curtailed and that current photographs or videos of children are provided to parents whenever and however possible. The general magistrate who recommended or the presiding judge who ordered the visitation may determine any appropriate make-up visitation at a later date.

8. Judicial Waiver of Parental Notice and Consent Cases A. Review of Petition

All petitions seeking a judicial waiver of the notice and consent requirements of section 390.01114, Florida Statutes, will be reviewed and heard by the assigned judge according to the procedures established in Administrative Order S-2020-030 (Parental Notice of and Consent for Abortion Act Cases).


- Transitioning.from Phase 1 to Phase 2)

B. Hearing i. Generally

To the extent that the necessary hearing can be adequately conducted by the presiding judge either through teleconferencing or audiovisual conferencing, these remote appearance services should be used.

ii. Judicial Determination for In-Person Hearing In Phase 2, a presiding judge may conduct the hearing in person if the judge

specifically determines that remotely conducting the hearing is:



If a presiding judge determines that the hearing must be conducted via an inperson court appearance, then the presiding judge must conduct the in-person hearing in a courtroom and must ensure that all participants (petitioners, attorneys, clerks, court reporters, court interpreters, and judge) are physically able to maintain at least a 6-foot social distance from each other at all times and that all participants wear a face covering or face shield. In accordance with Administrative Order S-2020-038 (Health & Safety Requirements in Courthouse Facilities during COV/D-19 Mitigation Efforts), presiding judges are empowered with discretion to have speaking individuals remove their face coverings, or to use face shields or see-through masks instead, if (a) an individual's facial expressions or features must be observed or (b) an individual's voice is inaudible, or hampered, and potentially could jeopardize the creation of an accurate record.

9. Probate, Guardianship and Mental Health Cases A. Essential Court Petitions

The following probate, guardianship and mental health petitions are considered essential: (i) emergency temporary guardianship; (ii) emergency medical authorizations; (iii) temporary injunctions for protection against exploitation of a vulnerable adult (§825.1035, Fla. Stat.); (iv) risk protection orders; (v) Baker Act; (vi) Marchman Act; (vii) Adult Protective Services; and (viii) any other petition or motion of an emergency nature. To the extent any essential probate,

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guardianship or mental health petition requires a hearing including those with witness testimony, the hearing should be conducted through teleconferencing or audiovisual conferencing, but if the presiding judge determines it necessary to conduct an essential proceeding in person, the presiding judge may do so as long as the necessary health and safety precautions are observed. See Administrative Order S-2020-038 (Health & Safety Requirements in Courthouse Facilities during COVID-19 Mitigation Efforts).

B. Remote Hearings or Rulings on the Papers· Except for the essential probate, guardianship and mental health petitions

enumerated above, all other probate, guardianship or mental health proceedings may be conducted by (i) teleconferencing; (ii) audiovisual conferencing; (iii) submission of written motions and written responses with legal analysis; or (iv) a combination of these methods. The presiding judges and general magistrates of the Probate, Guardianship, Mental Health and Trust Division will determine indivi~ually the extent and specific method(s) of conducting these non-essential proceedings. The method(s) should be posted on the individual judge's and general magistrate's webpage or memorialized in an order filed and served in an individual case.

C. In-Person Hearings i. Judicial Determination

In Phase 2, a presiding judge of the Probate, Guardianship, Mental Health and Trust Division may conduct an in-person hearing for a proceeding enumerated below if the judge specifically determines that remotely conducting the proceeding is:



If a presiding judge determines that a proceeding below must be conducted via an in-person court appearance, then the presiding judge must conduct the in-person hearing in a courtroom and must ensure that all participants (litigants, attorneys, bailiffs, clerks, court reporters, court interpreters, andjudge) are physically able to maintain at least a 6-foot social distance from each other at all times and that all participants wear a face covering or face shield. In accordance with Administrative



Order S-2020-038 (Health & Safety Requirements in Courthouse Facilities during COVID-19 Mitigation Efforts), presiding judges are empowered with discretion to have speaking individuals remove their face coverings, or to use face shields or seethrough masks instead, if(a) an individual's facial expressions or features must be observed or (b) an individual's voice is inaudible, or hampered, and potentially could jeopardize the creation of an accurate record.

ii. Specific Proceedings Once a presiding judge of the Probate, Guardianship, Mental Health and Trust

Division makes the necessary inconsistent I infeasible determination above, the judge or a general magistrate may conduct an in-person hearing of the following nonessential guardianship proceedings in Phase 2:

• Petitions to determine incapacity and other guardianship matters.

10. Juvenile Delinquency Cases A. Essential Court Proceedings

The following delinquency proceedings are considered essential: (i) daily detention hearings and (ii) any other petition or motion of an emergency nature. All detention hearings will be conducted through audiovisual conferencing services. To the extent any essential petition or motion of an emergency nature requires a hearing, including those with witness testimony, the hearing should be conducted through teleconferencing or audiovisual conferencing, but if the presiding judge determines it necessary to conduct the essential proceeding in person, the presiding judge may do so as long as the necessary health and safety precautions are observed. See Administrative Order S-2020-038 (Health & Safety Requirements in Courthouse Facilities during COVID-19 Mitigation Efforts).

B. Non-jury Trials Non-jury trials in juvenile delinquency cases (adjudicatory hearings) will be

conducted remotely if ordered by the presiding judge or, if not, will be conducted in person. The presiding judge may also conduct a non-jury trial in a delinquency case via a hybrid model (concurrently in-person and remotely). If conducted via an inperson court appearance or a hybrid model, the presiding judge must conduct the inperson non-jury trial in a courtroom and must ensure that all participants (litigants, attorneys, bailiffs, clerks, court reporters, court interpreters, and judge) are physically able to maintain at least a 6-foot social distance from each other at all times and that all participants wear a face covering or face shield. In accordance with Administrative Order S-2020-038 (Health & Safety Requirements in Courthouse Facilities during



COVID-19 Mitigation Efforts), presiding judges are empowered with discretion to have speaking individuals remove their face coverings, or to use face shields or seethrough masks instead, if(a) an individual's facial expressions or features must be observed or (b) an individual's voice is inaudible, or hampered, and potentially could jeopardize the creation of an accurate record.

C. Remote Hearings or Rulings on the Papers Except for essential delinquency proceedings enumerated above and except for

non-jury trials in juvenile delinquency cases, all other delinquency proceedings may be conducted by (a) teleconferencing; (b) audiovisual conferencing; (c) submission of written motions and written responses with legal analysis; or (d) a combination of these methods. The presiding judges of the Juvenile Delinquency Division will determine individually the extent and specific method(s) of conducting non-essential delinquency proceedings. The method( s) should be posted on the individual judge's webpage or memorialized in an order filed and served in an individual case.

11. County Criminal Cases A. Essential Court Proceedings

The following county criminal proceedings are considered essential: (i) daily first appearance hearings; (ii) motions to set or modify monetary bail for incarcerated individuals; (iii) out-of-state fugitive warrants; (iv) arraignments for incarcerated defendants; (v) negotiated pleas for incarcerated defendants that will result in the release of the defendant from the Hillsborough County jail facilities; and (vi) any other petition or motion of an emergency nature. The majority of these essential county criminal proceedings will be conducted audio-visually in Video Courtroom 17. To the extent any essential county criminal court proceeding requires a hearing, including those with witness testimony, the hearing should be conducted through teleconferencing or audiovisual conferencing, but if the presiding judge determines it necessary to conduct the essential proceeding in person, the presiding judge may do so as long as the necessary health and safety precautions are observed. See Administrative Order S-2020-038 (Health & Safety Requirements in Courthouse Facilities during COVID-19 Mitigation Efforts).

B. Non-Jury Trials In Phase 2, non-jury trials in criminal cases will be conducted remotely if the

parties agree to such conduct, or if not, will be conducted in person. If conducted in person, the presiding judge must conduct the in-person non-jury trial in a courtroom and must ensure that all participants (litigants, attorneys, bailiffs, clerks, court reporters, court interpreters, and judge) are physically able to maintain at least a 6-



foot social distance from each other at all times and that all participants wear a face covering or face shield. In accordance with Administrative Order S-2020-038 (Health & Safety Requirements in Courthouse Facilities during COVID-19 Mitigation Efforts), presiding judges are empowered with discretion to have speaking individuals remove their face coverings, or to use face shields or see-through masks instead, if (a) an individual's facial expressions or features must be observed or (b) an individual's voice is inaudible, or hampered, and potentially could jeopardize the creation of an accurate record.

C. Remote Hearings or Rulings on the Papers Except for the essential county criminal proceedings enumerated above and

except for jury and non-jury trials, all other county criminal proceedings may be conducted by (a) teleconferencing; (b) audiovisual conferencing; (c) submission of written motions and written responses with legal analysis; or (d) a combination of these methods. The presiding judges of the County Criminal Division will determine individually the extent and specific method(s) of conducting non-essential county criminal proceedings. The method( s) should be posted on the individual judge's webpage or memorialized in an order filed and served in an individual case.


In Phase 2, a presiding judge of the County Criminal Division may conduct an in-person hearing for a proceeding enumerated below if the judge specifically determines that remotely conducting the proceeding is:



If a presiding judge determines that one of the proceedings below must be conducted via an in-person court appearance, then the presiding judge must conduct the in-person hearing in a courtroom and must ensure that all participants (litigants, attorneys, bailiffs, clerks, court reporters, court interpreters, and judge) are physically able to maintain at least a 6-foot social distance from each other at all times and that



all participants wear a face covering or face shield. In accordance with Administrative Order S-2020-038 (Health & Safety Requirements in Courthouse Facilities during COVID-19 Mitigation Efforts), presiding judges are empowered with discretion to have speaking individuals remove their face coverings, or to use face shields or seethrough masks instead, if (a) an individual's facial expressions or features must be observed or (b) an individual's voice is inaudible, or hampered, and potentially could jeopardize the creation of an accurate record.

ii. Specific Proceedings Once a presiding judge of the County Criminal Division makes the necessary

inconsistent I infeasible determination above, the judge may conduct an in-person hearing of the following non-essential county criminal proceedings in Phase 2:

• Motions to suppress if dispositive; • Motions related to evidence if dispositive; • Stand Your Ground hearings; • Out-of-custody pleas; and • Sentencings or violation of probation hearings.

E. Defendants Arrested on Warrants or Capiases from Another Florida Jurisdiction

The Florida Supreme Court has established a protocol for dealing with defendants who are arrested on a warrant or a capias issued from another Florida jurisdiction3 and has appointed three Thirteenth Judicial Circuit court judges as judges of all other counties for the limited purpose of handling necessary matters relating to cases of criminal defendants being held indefinitely outside of the jurisdiction in which the defendant's case is pending. 4 These cases will be handled in accordance with the protocol established by the Florida Supreme Court in Video Courtroom 17.

12. Circuit Criminal Cases A. Essential Court Proceedings

The following circuit criminal proceedings are considered essential: (i) first appearance hearings; (ii) motions to set or modify monetary bail for incarcerated individuals; (iii) out-of-state fugitive warrants; (iv) technical violation of probation hearings; (v) negotiated pleas for incarcerated defendants; and (vi) any other petition or motion of an emergency nature. The majority of these essential circuit criminal proceedings will be conducted in Video Courtroom 1 7 according to the schedule coordinated by the administrative judge during the COVID-19 mitigation efforts. To of25- Administrative Order S-2020-044 (Continuity of Court Operations &


the extent any other essential circuit criminal court proceeding requires a hearing, including those with witness testimony, the hearing should be conducted through teleconferencing or audiovisual conferencing, but if the presiding judge determines it necessary to conduct the essential proceeding in person, the presiding judge may do so as long as the necessary health and safety precautions are observed. See Administrative Order S-2020-038 (Health & Safety Requirements in Courthouse Facilities during COVID-19 Mitigation Efforts).

B. Non-Jury Trials In Phase 2, non-jury trials in criminal cases will be conducted remotely if the

parties agree to such conduct, or if not, will be conducted in person. If conducted in person, the presiding judge must conduct the in-person non-jury trial in a courtroom and must ensure that all participants (litigants, attorneys, bailiffs, clerks, court reporters, court interpreters, and judge) are physically able to maintain at least a 6-foot social distance from each other at all times and that all participants wear a face covering or face shield. In accordance with Administrative Order S-2020-038 (Health & Safety Requirements in Courthouse Facilities during COVID-19 Mitigation Efforts), presiding judges are empowered with discretion to have speaking individuals remove their face coverings, or to use face shields or see-through masks instead, if (a) an individual's facial expressions or features must be observed or (b) an individual's voice is inaudible, or hampered, and potentially could jeopardize the creation of an accurate record.

C. Remote Hearings or Rulings on the Papers Except for the essential circuit criminal proceedings enumerated above and

except for jury and non-jury trials, all other circuit criminal proceedings may be conducted by (a) teleconferencing; (b) audiovisual conferencing; (c) submission of written motions and written responses with legal analysis; or (d) a combination of these methods. The presiding judges of the Circuit Criminal Division will determine individually the extent and specific method of conducting non-essential circuit criminal proceedings. The method(s) should be posted on the individual judge's webpage or memorialized in an order filed and served in an individual case.


In Phase 2, a presiding judge of the Circuit Criminal Division may conduct an in-person hearing for a proceeding enumerated below if the judge specifically determines that remotely conducting the proceeding is:

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- Transitioningfrom Phase I to Phase 2)



If a presiding judge determines that one of the proceedings below must be conducted via an in-person court appearance, then the presiding judge must conduct the in-person hearing in a courtroom and must ensure that all participants (litigants, attorneys, bailiffs, clerks, court reporters; court interpreters, and judge) are physically able to maintain at least a 6-foot social distance from each other at all times and that all participants wear a face covering or face shield. In accordance with Administrative Order S-2020-038 (Health & Safety Requirements in Courthouse Facilities during COVID-19 Mitigation Efforts), presiding judges are empowered with discretion to have speaking individuals remove their face coverings, or to use face shields or seethrough masks instead, if(a) an individual's facial expressions or features must be observed or (b) an individual's voice is inaudible, or hampered, and potentially could jeopardize the creation of an accurate record.

ii. Specific Proceedings Once a presiding judge of the Circuit Criminal Division makes the necessary

inconsistent I infeasible determination above, the judge may conduct an in-person hearing of the following non-essential circuit criminal proceedings in Phase 2:

• Motions to suppress if dispositive; • Motions related to evidence if dispositive; • Stand Your Ground hearings; • Motions and hearings (except status hearings) related to incompetence,

mental health experts, intellectual disability, or insanity; • Out-of-custody pleas; and • Non-technical violation of probation or violation of community control

hearings.

E. Defendants Arrested on Warrants or Capiases from Another Florida Jurisdiction

The Florida Supreme Court has established a protocol for dealing with defendants who are. arrested on a warrant or a capias issued from another Florida of25- Administrative Order S-2020-044 (Continuity of Court Operations &


jurisdiction5 and appointed three Thirteenth Judicial Circuit court judges as judges of all other circuits and counties for the limited purpose of handling necessary matters relating to cases of criminal defendants being held indefinitely outside of the jurisdiction in which the defendant's case is pending. 6 These cases will be handled in accordance with the protocol established by the Florida Supreme Court in Video Courtroom 1 7.

13. Problem-Solving Court Cases Proceedings in problem-solving court divisions maybe conducted by (a)

teleconferencing; (b) audiovisual conferencing; (c) submission of written motions and written responses with legal analysis; or (d) a combination of these methods. The respective presiding judges of the problem-solving court divisions will determine individually the extent and specific method(s) of conducting court proceedings. The method( s) should be posted on the individual judge's webpage or memorialized in an order filed and served in an individual case.

14. Transportation of Criminal Defendants Unless a defendant's physical presence in a downtown Tampa courtroom or a

downtown Plant City courtroom is required by a presiding judge in accordance with the provisions in sections 11 or 12 of this administrative order, no detainee or inmate will be transported to the courthouse facilities and no defendant will be transported to the courthouse facilities from a treatment provider.

15. Discovery Nothing in this administrative order is intended to have any effect on parties or

their counsel conducting discovery, including depositions. To the extent any depositions are conducted in person during the COVID-19 mitigation efforts in Phase 2, all participants should maintain at least a 6-foot social distance from each other at all times and wear a face covering or face shield: ' .. :

16. Court-Ordered Mediation and Arbitration A. General ··

Nothing in this administrative order prohibits a mediation or arbitration session from being conducted by teleconferencing or audiovisual conferencing.

B. County Civil All county civil matters referred to mediation will comply with the provisions

of Administrative Order S-2008-164 (Mediation of County Civil Cases). The County

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Civil Diversion Program will ensure that all mediation notices include COVID-19 mitigation processes.

C. Family Law All family law matters referred to mediation will comply with the provisions of

Administrative Order S-2009-107 (Mediation of Family Law Cases). The Family Diversion Program will ensure that all mediation notices include COVID-19 mitigation processes for mediation conferences conducted through the Program. Mediation conferences conducted by certifiedprivate mediatorswillbe conducted by teleconferencing or audiovisual conferencing unless the provisions outlined below for in-person circuit civil mediation conferences are followed.

D. Circuit Civil In accordance with Florida Supreme Court Administrative Order AOSC 20-23,

Amendment 6 (August 12, 2020), a presiding judge of an applicable division may authorize a court-ordered mediation or arbitration session to be conducted in person if the presiding judge makes a specific determination that remotely conducting a mediation or arbitration session is:

1. Inconsistent with the United Stcites or Florida Constitution, a statute, or a court rule that has not been suspended by administrative order; or

u. Infeasible because aparticipant in the proceeding lacks the technological resources necessary to conduct the proceeding or, for reasons directly related to the public health emergency, lacks the staff resources necessary to conduct the proceeding.

If a presiding judge determines that a court-ordered mediation or arbitration session should be conducted in-person, then the presiding judge must require the presiding ·mediator or arbitrator to ensure that all participants (litigants, attorneys, court reporters, court interpreters, mediators and arbitrators) are physically able to maintain at least a 6-foot social distance from each other at all times and. that all participants wear a face covering or face shield. In accordance with Administrative Order S-2020-038 (Health & Safety Requirements in Courthouse Facilities during COVID-19 Mitigation Efforts), presiding judges are empowered with discretion to delegate to the presiding mediator or arbitrator the authority to have speaking individuals remove their face coverings, or to use face shields or see-through masks instead, if(a) an individual's facial expressions or features must be observed or (b) an


- Transitioning.from Phase I to Phase 2)

individual's voice is inaudible, or hampered, and potentially could jeopardize the creation of an accurate record.

17. Certified Process Servers Nothing in this administrative order prohibits a certified process server from

attempting to serve initial non-enforceable civil process as long as the process server is physically able to maintain at least a 6-foot social distance from the person being served or the certified process server is wearing a face coveming.

18. Limited In-Person Court Proceedings A. Authorized In-Person Proceedings

During Phase 2, in-person court proceedings are only authorized (but not required) for:

• Grand jury proceedings and criminal jury trial proceedings as indicated in section 1 of this administrative order;

• Mission critical and essential court proceedings as indicated in sections 4.B. , 6.B., 7.A., 9.A., lO.A., ll.A., and 12.A. ofthis administrative order;

• Non-jury trials in criminal, termination of parental rights, and juvenile delinquency cases as indicated in sections 7.B., lO.B., ll.B., and 12.B. of this administrative order; and

• Specific enumerated proceedings in which the presiding judge makes the necessary inconsistent I infeasible determination as provided in sections 2.B., 4.C., 5.B., 7.D., 8.B., 9.C., ll.D., 12.D., and 16.D of this administrative order.

B. Other Proceedings No other in-person court proceedings may be conducted in any Hillsborough

County Courthouse facility for any case unless the presiding judge obtains the express permission of the chief judge.

C. Staggered Scheduled Times In an effort to maintain the proper social distancing in courthouse facilities

during Phase 2, the scheduled times for any in-person court proceedings authorized under this administrative order must be staggered so that no more than one case is scheduled for the same specific time in a courtroom.

19. Previous Administrative Orders Superseded This administrative order supersedes Administrative Orders S-2020-023

(Court Proceedings during COVID-19 Mitigation Efforts- Phase !If, S-2020-035

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(Civil Traffic Infraction Court Proceedings during COVID-19 Mitigation Efforts), and S-2020-039 (Civil Court Proceedings & Civil Process Issued by the Sheriff during COVID-19 Mitigation Efforts).

20. Effective Date Except as otherwise explicitly provided in this administrative order, this

administrative order is effective August 31, 2020 and remains in effect until further order of the chief judge.

ENTERED on August 31,2020.

Ronald N. Ficarrotta, Chief Judge

Original to: Pat Frank, Clerk of the Circuit Court Copy to: All Judges

All General Magistrates and Hearing Officers Gina Justice, Trial Court Administrator Andrew H. Warren, State Attorney Julianne Holt, Public Defender Chad Chronister, Sheriff Brian Dugan, Chief, Tampa Police Department Edward E. Duncan, Chief, Plant City Police Department Kenneth R. Albano, Chief, Temple Terrace Police Department Charlie Vazquez, Chief, TIA Police Department Christopher Daniel, Chief, USF Police Department Doug Bakke, COO, Court Operations, Clerk's Office John Kynes, Executive Director, Hillsborough County Bar Association Lesley Miller, Jr., Chair, Board of County Commissioners Christine Beck, Hillsborough County Attorney Bonnie Wise, Hillsborough County Administrator Ita M. Neymotin, Regional Counsel, Second District Patrick Barrentine, Department of Corrections Tabitha Lambert, Guardian ad Litem Program Chris Card, Executive Director, Eckerd Connects Stephanie Bergen, OAG, Children's Legal Services Jonathan Jenkins, Regional Counsel's Office



Beth Pasek, Community Development Coordinator, DCF Jennifer Hock, Hillsborough County Sheriffs Office Department of Juvenile Justice ACTS Juvenile Assessment Center

1 No rule or law requires a trial court to hear oral argument on a pretrial, nonevidentiary motion. See Nude/ v. Flagstar Bank, 52 So. 3d 692, 694, n.3 (Fla. 4th DCA 2010) but see McElroy v. Oaks on the Bay, LLC, 288 So. 3d 1259 (Fla. 2d DCA 2020) (finding that it is a denial of due process to enter summary judgment without conducting a hearing unless the hearing is waived).

2 No rule or law requires a trial court to hear oral argument on a pretrial, nonevidentiary motion. See Nude! v. Flagstar Bank, 52 So. 3d 692, 694, n.3 (Fla. 4th DCA 2010) but see McElroy v. Oaks on the Bay, LLC, 288 So. 3d 1259 (Fla. 2d DCA 2020) (finding that it is a denial of due process to enter summary judgment without conducting a hearing unless the hearing is waived).

3 Section V of Florida Supreme Court Administrative Order AOSC 20-23, Amendment 6 (August 12, 2020).

4 Florida Supreme Court Administrative Order 2020-92 (March 26, 2020) appointed Circuit Judges Ronald Ficarrotta, Catherine Catlin, and Samantha Ward as temporary judges of the other Florida counties and circuits for this purpose.

5 Florida Supreme Court Administrative Order AOSC 20-23, Amendment 6 (August 12, 2020) supra, endnote 3.

6 Florida Supreme Court Administrative Order 2020-92, supra, endnote 4.

7 The term "Phase II" was used in the title of Administrative Order S-2020-023 prior to the Florida Supreme Court's identification and publication of four phases of the COVID-19 pandemic relating to court operations and judicial proceedings. References to the Florida Supreme Court-identified phases will be used in future administrative orders of this circuit.

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IN THE TIDRTEENTH JUDICIAL CIRCUIT HILLSBOROUGH … · Florida Supreme Court Administrative Order...

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