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102 verbatim requirements on hearings.
Tenth Judicial Circuit — Circuit-wide: Hardee, Highlands, Polk only. Practices change without notice; the court's own published text controls. Procedural information only; not legal advice.
• 1. The after-hours process is initiated when a person makes contact with Law Enforcement or contacts the Peace River Center regarding a domestic violence event or circumstances in which the person believes that he or she is in immediate and present danger of domestic violence and wants a domestic violence injunction for protection. 2. If a Law Enforcement Officer (hereinafter “LEO”) is contacted first, the officer at the scene will advise the person (hereinafter “petitioner”) of the opportunity to seek an after-hours Domestic Violence Injunction and the process for submitting the petition. The LEO should then contact his or her law enforcement agency’s Victim Advocate (if any) to further assist the petitioner. If the petitioner wishes to submit a Petition for Injunction for Protection Against Domestic Violence, the petitioner will be advised to contact Peace River Center; contact information for the Peace River Center will be provided to the petitioner by the LEO or the Victim Advocate. 3. Peace River Center staff shall receive the calls and conduct an interview of the petitioner and make any appropriate referrals to available services including emergency shelter. If the petitioner wishes to seek an after-hours ex-parte Domestic Violence Temporary Injunction, the Peace River Center staff person will notify the on-call Clerk of Court’s Victim Assistant by telephone. 4. The on-call Clerk of Court’s Victim Assistant (hereinafter “CCVA”) shall respond to the telephone call from the Peace River Center staff within 30 minutes. • IT IS ORDERED that, effective immediately, all communications compelling appearance before the court or noticing court proceedings including, but not limited to, subpoenas for trial, jury summons, notice of hearings, notice for depositions and all other court related proceedings shall provide that persons with a disability who need a special accommodation shall contact the Office of the Court Administrator to insure that reasonable accommodations are available. Such communications noticing court proceedings shall include the following substantive language: • “If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Office of the Court Administrator, 255 N. Broadway Avenue, Bartow, Florida 33830, (863) 534-4686, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.” • 3. Notification - Requests for auxiliary aids or services should be made to the Court in advance of the meeting, hearing or other program, service, or activity provided by the Court. For public meetings and hearings, the ADA contact person should be notified at least one week in advance. For on-going hearings, services and programs, the ADA contact person should be notified at least 48 hours in advance. For emergencies or urgent requests, the responsible ADA contact person or the Court-wide ADA Coordinator should be notified immediately. The best effort to fulfill the request will be made. • When the preferred type of auxiliary aid or service is not available or when the responsible ADA contact person is deciding whether an alternative means of communication will ensure effective communication, the ADA contact person will consult with the individual with a disability to identify the nature of the requirement for an auxiliary aid or service, that is, in what ways effective communication can be achieved with the individual with a disability in the context of the Court program, service, or activity. The ADA contact person may ask the individual with a disability for technical assistance and information on how to obtain a particular auxiliary aid or service. Within 48 hours after the request, the ADA contact person will notify the requesting individual with a disability of the proposed auxiliary aid or service to be provided. A copy of the proposal will be sent to the Circuit’s ADA Coordinator. • E. Designations of certified process servers may be withdrawn and the individuals name may be removed from the approved list of certified process servers for malfeasance, misfeasance, neglect of duty, incompetence, conviction of a felony or a crime involving moral turpitude or dishonesty, or failure to comply with any of the provisions of this Order. Withdrawal of designation as a certified process server and removal from the list of certified process servers shall be effected by the deletion of the individual’s name from the approval list when a certified process server is in non-compliance with any provisions of this Order. Certified process servers removed from the list shall be notified in writing and return identification cards within twenty-four (24) hours. • 1. When a matter is being called up for a hearing before a judge, attorneys and pro se litigants shall mail or hand deliver the assigned judge a courtesy hard copy of all pertinent pleadings, motions, pre-trial order requirements, jury instructions, statements of the case, joint stipulations, notices of hearing, and any other document required by the assigned judge for their consideration of the matter set for hearing. All courtesy hard copies of documents must be received at least one day prior to any scheduled hearing and must be marked “courtesy” or “judge’s copy” or in a similar manner. • f. Perform and complete all aspects of an evaluation or examination personally within the geographical location of the Tenth Judicial Circuit (Polk, Highlands, and Hardee Counties), and not delegate any portion of the evaluation or examination to his/her employees, subcontractors, or agents. This provision shall not apply to the expert witness using the services of an employee, subcontractor, or agent to prepare the typewritten report of the evaluation or examination as long as the expert witness personally reviews and signs the written report prior to its submission to the Court. The written report must be received by the appointing judge no later than 48 hours prior to the applicable hearing. Written reports must be mailed or hand-delivered. • iv. If a scheduled evaluation is cancelled with less than 24 hours’ notice to the Expert Witness before the scheduled evaluation, the Expert Witness may be compensated at the rate for a “no show”. • 1. When counsel or a pro se litigant requires an interpreter in a case where the interpreter must be provided by the AOC as required by this Order, the counsel or pro se litigant must schedule the request through the AOC. Counsel or the pro se litigant must bring the request to the Court’s and the AOC’s attention as soon as possible, preferably at least one week before the scheduled proceeding. Counsel or the pro se litigant must relay any notice of cancelation to the AOC as soon as possible after he or she knows that an interpreter’s services are no longer required. • d. If the Court appoints an Interpreter to your case, you are responsible for notifying the Office of the Court Interpreter of all future hearings and or cancellations. Once you have a signed court order, please contact the Office of the Court Interpreter at 863-534-7700 to schedule an interpreter, not less than 14 days in advance. • 1) 386.212, Fla. Stat., effective July 1, 1996, makes it unlawful for any person under the age of 18 "to smoke tobacco" within 1000 feet of a school. The statute is limited to the hours between 6:00 A.M. and midnight and specifically exempts persons within a moving vehicle or a private residence. A violation of this statute is considered a civil infraction punishable by a fine not to exceed $25.00, but the statute also provides two alternatives to the fine: up to 50 hours community service or a "school-approved anti-tobacco 'alternative to suspension' program", where available. A law enforcement officer may issue a citation for a violation of this statute using guidelines similar to those for a Notice to Appear. • 6. In the event the juvenile is not detained, the Department of Juvenile Justice Case Manager and the State Attorney shall take necessary action to have any new law violation or violation of Community Control or Post Commitment Community Control brought before the court as soon as is practicable, or to have any violation of Re-Entry or Aftercare supervision brought before an administrative hearing as soon as practicable. • 9. Pursuant to §903.011(6), Florida Statutes, a person may not be released before his or her first appearance hearing . . . if the person meets any of the following criteria: • Condition (1): Reported late; failed to report 1. Report twice a month to the Probation as instructed Officer for three months. 2. Attend and successfully complete Thinking for a Change (T4C) program as directed by the Probation Officer. 3. Curfew imposed from 8 p.m. until 6 a.m. for 90 days (may be modified by the Probation Officer for work/treatment purposes). 4. Complete 24 hours of public service work. 5. Refer to Day Reporting Center. • Condition (2): Failed to pay cost of supervision 1. Report twice a month to the Probation (COS) Officer for three months. 2. Attend and successfully complete Thinking for a Change (T4C) program as directed by the Probation Officer. 3. Curfew imposed from 8 p.m. until 6 a.m. for 90 days (may be modified by the Probation Officer for work/treatment purposes). 4. Complete 24 hours of public service work. 5. Weekly reporting if unemployed with proof of job search logs submitted to the Probation Officer. 6. Participate in 3 sessions with the FDOC Employment Specialist. 7. Refer to Day Reporting Center. • Condition (3): Failed to report changes in 1. Report twice a month to the Probation residence or employment without procuring Officer for three months. the Probation Officer’s consent (or failing to 2. Attend and successfully complete Thinking notify the Probation Officer immediately if for a Change (T4C) program as directed by evicted or laid off from job) the Probation Officer. 3. One (1) day Sheriff’s work crew within 30 days. 4. Complete 24 hours of public service work. 5. Refer to Day Reporting Center. • Condition (3): Failed to request permission 1. Report twice a month to the Probation prior to leaving the county Officer for three months. 2. Attend and successfully complete Thinking for a Change (T4C) program as directed by the Probation Officer. 3. Curfew imposed from 8 p.m. until 6 a.m. for 90 days (may be modified by the Probation Officer for work/treatment purposes). 4. Complete 24 hours of public service work. 5. Refer to Day Reporting Center. • Condition (6): Found to be associating with 1. Report twice a month to the Probation person(s) engaged in criminal activity Officer for three months. 2. Attend and successfully complete Thinking for a Change (T4C) program as directed by the Probation Officer. 3. Curfew imposed from 8 p.m. until 6 a.m. for 90 days (may be modified by the Probation Officer for work/treatment purposes). 4. Complete 24 hours of public service work. 5. Refer to Day Reporting Center. • Condition (8): Failure to maintain 1. Weekly reporting to the Probation Officer employment and failure to comply with with Job Search logs until employed. adequate job searches. 2. Curfew imposed from 8 p.m. until 6 a.m. for 90 days (may be modified by Probation Officer for work/treatment purposes). 3. Attend/participate in 3 sessions with FDC Employment Specialist. 4. Attend a GED program if deemed appropriate by the Probation Officer. 5. Attend a vocational program if deemed appropriate by the Probation Officer. 6. Attend and successfully complete Thinking for a Change (T4C) program as directed by the Probation Officer. 7. Complete 24 hours of public service work. 8. Refer to Day Reporting Center • Condition (9): Failure to comply with the 1. If employment related, weekly reporting to Probation Officer’s instructions (depending on the Probation Officer with proof of job search the nature of instruction and reason for not logs. complying, consequence will vary) 2. If employment related, participate in 3 sessions with FDC Employment Specialist. 3. Complete 24 hours of public service work. 4. Attend and successfully complete Thinking for a Change (T4C) program as directed by the Probation Officer. 5. Curfew imposed from 8 p.m. until 6 a.m. for 90 days (may be modified by the Probation Officer for work/treatment purposes). 6. Attend a GED program if deemed appropriate by the Probation Officer. 7. Attend a vocational program if deemed appropriate by the Probation Officer. 8. Refer to Day Reporting Center. • Condition (10): Failure to pay monthly 1. If unemployed, daily job search and submit monetary obligations as stipulated by the Court documentation (job search logs) to the Probation Officer weekly. 2. Complete 24 hours of public service work. 3. Attend and successfully complete Thinking for a Change (T4C) program as directed by the Probation Officer. 4. Curfew imposed from 8 p.m. until 6 a.m. for 90 days (may be modified by the Probation Officer for work/treatment purposes). 5. Participate in 3 sessions with FDC Employment Specialist. 6. Refer to Day Reporting Center. • Special Condition (1): Failure to attend 1. Weekly drug testing until in compliance with treatment evaluation or treatment session as obtaining treatment evaluation. scheduled 2. Attend three (3) support groups per week for 60 days that focuses on alcohol and/or narcotic use. 3. Attend and successfully complete Thinking for a Change (T4C) program as directed by the Probation Officer. 4. Curfew imposed from 8 p.m. until 6 a.m. for 90 days (may be modified by the Probation Officer for work/treatment purposes). 5. Increase level of treatment up to and including residential treatment if deemed necessary. 6. Refer to Day Reporting Center. • Special Condition (8): Failure to complete 1. Attend and successfully complete Thinking community service hours as instructed for a Change (T4C) program as directed by the Probation Officer. 2. Curfew imposed from 8 p.m. until 6 a.m. for 90 days (may be modified by the Probation Officer for work/treatment purposes). 3. Full compliance with condition within 60 days or the Probation Officer may increase the total hours originally ordered by up to an additional 16 hours. 4. Refer to Day Reporting Center. • Special Condition (9): Failure to remain at 1. Modify curfew to 8pm to 6am until offender residence during curfew period demonstrates compliance (Probation Officer can modify for treatment/work). 2. Attend and successfully complete Thinking for a Change (T4C) program as directed by the Probation Officer. 3. Complete 24 hours of public service work. 4. Electronic monitoring for 90 days. 5. Refer to Day Reporting Center. • Community Control Condition (16): Failure to 1. Attend and successfully complete Thinking maintain approved schedule – unapproved for a Change (T4C) program as directed by absence from required location (negligence in the Probation Officer. getting home late, stopping at store on way 2. Complete 24 hours of public service work. home without permission) 3. Electronic monitoring for 90 days. 4. Refer to Day Reporting Center. • 2. Require the state to prove their guilt before a neutral and detached hearing • 1. In Polk County, the procedure is as follows: a. Court Administration shall receive from the Clerk of Court a monthly, automatically generated list of action(s) of which there has been no record activity for ten (10) months. Court Administration, in conjunction with judicial assistants, shall prepare and mail a notice of lack of prosecution. A notice of lack of prosecution provides notification to all parties that no record activity has occurred within the preceding ten (10) months, and, if no further record activity occurs within sixty (60) days of the date of such notice, said action(s) may be dismissed. b. After said sixty (60) days, for all actions for which there has been no additional record activity, the Court shall issue a motion to dismiss and order to show cause and appear. Hearing(s) on the motions before the Court shall be scheduled. c. If the parties fail to appear for the hearing(s) or no further record activity occurs in the action(s), the Court shall dismiss said action(s) for lack of prosecution. • 2. In Highlands County, the procedure is as follows: a. Every year on a quarterly basis, the Administrative Judge for the Civil Division in conjunction with Court Administration shall receive from the Clerk of Court a list of all open actions. b. Thereafter, Court Administration shall prepare and mail (1) a notice setting a case management conference or (2) a notice of lack of prosecution, provided no further record activity has occurred within the preceding (10) months of the date of the notice of lack of prosecution. Hearing(s) on the motion(s) before the Court shall be scheduled. c. If the parties fail to appear for the hearing(s) or no further record activity occurs in the action(s), the Court shall dismiss said action(s), including, but not limited • Whereas, the Supreme Court of Florida has determined that mandatory mediation of homestead residential mortgage foreclosure actions prior to the matter being set for final hearing will facilitate the laudable goals of communication, facilitation, problem-solving between the parties with the emphasis on self-determination, the parties’ needs and interests, procedural flexibility, full disclosure, fairness, and confidentiality. Referring these cases to mediation will also facilitate and provide a more efficient use of limited judicial and clerk resources in a court system that is already overburdened; and • 3. Compliance Prior to Judgment. The parties must comply with this Administrative Order and the mediation process must be completed before the plaintiff applies for default judgment, a summary judgment hearing, or a final hearing in an action to foreclose a mortgage on a homestead residence unless a notice of nonparticipation is filed by the Program Manager. • If the property is a homestead residence and if the case is not exempted from participation in the RMFM Program because of pre-suit mediation conducted in accordance with paragraph 23 below, plaintiff’s counsel shall further certify in Form A the identity of the plaintiff’s representative who will appear at mediation. Plaintiff’s counsel may designate more than one plaintiff’s representative. At least one of the plaintiff’s representatives designated in Form A must attend any mediation session scheduled pursuant to this Administrative Order. Form A may be amended to change the designated plaintiff’s representative, and the amended Form A must be filed with the court no later than five days prior to the mediation session. All amended Forms A must be electronically transmitted to the Program Manager via a secure dedicated e-mail address or on the web-enabled information platform described in paragraph 8 no later than one business day after being filed with the clerk of court. • Mediation shall not be scheduled until the borrower has had an opportunity to meet with an approved foreclosure counselor. Mediation shall not be scheduled earlier than 30 days after the Borrower’s Financial Disclosure for Mediation has been transmitted to the • 17. Failure to Comply with Administrative Order. In all residential foreclosure actions, if a notice for trial, motion for default final judgment, or motion for summary judgment is filed with the clerk of court, no action will be taken by the court to set a final hearing or enter a summary or default final judgment until the requirements of this Administrative Order have been met. In cases involving a homestead residence, the presiding judge shall require that copies of either 1) the most recently filed Form A and the report of the mediator, or 2) the most recently filed Form A and the notice of borrower’s nonparticipation be sent to the presiding judge by the plaintiff or plaintiff’s counsel prior to setting a final hearing or delivered with the packet requesting a summary or default final judgment. • If the borrower cannot be located, chooses not to participate in the RMFM Program, or if the borrower does not make any contact with the foreclosure counselor, the plaintiff shall be entitled to a refund of the portion of the Program fees attributable to foreclosure counseling. If mediation is scheduled and the borrower announces an intention not to participate further in the RMFM Program prior to the mediation session, or if the case settles and the Program Manager has notice of the settlement at least five (5) days prior to the mediation session, the plaintiff shall be entitled to a refund of the Program fees allocated for the mediation session. If notice of settlement is not received by the Program Manager at least five (5) days prior to the scheduled mediation session, the plaintiff shall not be entitled to any refund of mediation fees. • TIMELINE FROM DATE SUIT FILED: Suit is filed Form A filed with Complaint RMFM Program fees paid by Plaintiff Notice of RMFM Program attached to Summons 1 business day after suit is filed Form A electronically transmitted to Program Manager by Plaintiff’s counsel 60-120 days after suit is filed Borrower meets with foreclosure counselor Borrower’s Financial Disclosure for Mediation is transmitted to IT platform Mediation session is scheduled Borrower requests Plaintiff’s Disclosure for Mediation, if desired 120 days after suit is filed Notice of Nonparticipation filed by Program Manager, if applicable • TIMELINE WITH MEDIATION SESSION AS POINT OF REFERENCE Prior to mediation being scheduled RMFM Program fees paid by Plaintiff Borrower must contact Program Manager Borrower must meet with foreclosure counselor Borrower must complete and submit Borrower’s Financial Disclosure for Mediation packet to Program Manager 30 days prior to mediation session Program Manager electronically transmits Borrower’s Financial Disclosure for Mediation to the IT platform 25 days prior to mediation session Borrower makes written request for Plaintiff’s Disclosure for Mediation if desired 5 days prior to mediation session Any amended Form A designation of the plaintiff’s representative must be filed with the Clerk 3 business days prior to mediation session Plaintiff’s counsel transmits Plaintiff’s Financial Disclosure for Mediation to the IT platform 1 day prior to mediation session Any amended Form A designation of the plaintiff’s representative must be uploaded to the IT platform 10 days after mediation session Program Manager/Mediator files mediator’s report with the clerk of court and serves copies on the parties • i. Length of Training. An instructional hour is defined as 50 minutes. ii. Span of Training. Live mortgage foreclosure mediation training shall be presented over a period of one (1) day. • 1. Receive mediation referrals and, within designated time limits, schedule and coordinate mediation conferences: date, place and time; reserve and provide venues for mediation and caucus; manage continuances and re-scheduling; • 7. CASE MANAGEMENT CONFERENCE: Pursuant to Rule 1.200, Florida Rules of Civil Procedure, a CASE MANAGEMENT CONFERENCE, in the above- styled action will be held on the ______ day of ___________, 20___, at _______AM/PM, before the Honorable _____________________, in Hearing Room ______, at the Polk County Courthouse, 255 North Broadway, Bartow, Florida. Parties and their counsel, if any, must attend. • In you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Office of the Court Administrator, 255 N. Broadway Avenue, Bartow, Florida 33830, (863) 534-4686, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711. • If the parties cannot stipulate to the date, time and location of the arbitration hearing, the presiding judge will decide these matters. Unless otherwise ordered by the presiding judge, a hearing must be scheduled within twenty (20) days of the date of the order referring parties to nonbinding arbitration and the hearing must be held within ninety (90) days of the order. Any additional hearings will be held in accordance with the time standards set forth in Florida Rule of Civil Procedure 1.820. • Unless the arbitrator directs otherwise, the parties must each submit a case summary to each arbitrator no later than ten (10) days before the scheduled hearing. • A. Within ten (10) days of the final adjournment of the arbitration hearing, the arbitrators must notify the parties or their counsel of the arbitrators’ decision by • 4. The first arbitration hearing shall be held within sixty (60) days of the date of this Order in __________________ County, Florida. • 5. The chief arbitrator shall notify the parties of the date, time and place of the arbitration hearing within thirty (30) days of this Order. The form Notice of Arbitration Hearing is attached, and all terms are incorporated by reference into this Order. • 6. Arbitration hearing(s) will be completed within ________ hour(s)/day(s), unless otherwise agreed to by the parties. • If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact _____________________________[name of ADA coordinator for arbitrator] _______________________________________[address, telephone number of ADA coordinator for arbitrator], at least 7 days prior to your scheduled appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711. • • All tracks: Hearings on motions/objection are to be scheduled within 45 days of the date the objection or pretrial motion was filed but may take place after 45 days of the date the objection or pretrial motion was filed. No motions/objections will be heard after pretrial conference. • 4. Consultation. At least ten (10) days in advance of the Mediation, Plaintiffs attorney shall schedule a consultation for all counsel, in person or by telephone, for the purpose of presenting a Statement of the Case to the Mediator at least five (5) days in advance of the Mediation. The statement of the case shall contain a) a concise paragraph agreed to by the parties describing the overall case, b) a paragraph from each party containing the contentions of that party, and c) a paragraph from Plaintiff concerning the relief sought. These paragraphs shall be brief and to the point and of the kind utilized later in the Pretrial Stipulation for the trial judge to read to the jury. • If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Office of the Court Administrator, 255 N. Broadway Avenue, Bartow, Florida 33830, (863) 534- 4686, at least 7 days prior to your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711. • The CMC shall be held on , 20 , at .m. for 15 minutes at the County Courthouse, , , Florida. ALL PARTIES ARE REQUIRED TO APPEAR IN PERSON. If the party is represented by an attorney, appearance shall be made by an attorney with knowledge of the case. Any party seeking affirmative relief must appear. Individual borrowers must appear if they are not represented by an attorney. The purpose of this conference is to determine the status of the case and the next appropriate step in case management. Plaintiff must bring stamped addressed envelopes for all parties on the service list to the CMC. • a. Scheduling the case for final hearing with the Judge’s judicial assistant; b. Filing a “Notice That Cause Is At Issue” and obtaining pretrial and trial dates from the Judge’s judicial assistant; c. Filing, scheduling, and noticing for hearing a dispositive motion for summary judgment to be heard prior to the CMC, or filing a motion for continuance of the CMC if there are no hearing times available prior to the CMC; d. Filing a Notice of Voluntary Dismissal; • 1. SCHEDULE. The Pretrial Conference is set on Tuesday, , at 9:00 a.m., before the Honorable , Circuit Judge, in Hearing Room , Floor, Elevator, Tower, in the Polk County Courthouse, 255 N. Broadway Ave., Bartow, Florida. • d. At least ten (10) days in advance of the mediation conference, Plaintiff's attorney shall schedule a conference for all counsel, either in person or by telephone, for the purpose of presenting a Statement of the Case to the mediator at least five (5) days in advance of the mediation. The statement of the case shall contain: • 1. SCHEDULE. The Pretrial Conference is set on Tuesday, , at 10:00 a.m., before the Honorable , Circuit Judge, in Hearing Room , Floor, Elevator, Tower, in the Polk County Courthouse, 255 N. Broadway Ave., Bartow, Florida. • d. At last ten (10) days in advance of the mediation conference, Plaintiff's attorney shall schedule a conference for all counsel, either in person or by telephone, for the purpose of presenting a Statement of the Case to the mediator at least five (5) days in advance of the mediation. The statement of the case shall contain: 1. A concise paragraph agreed to by the parties describing the overall case; 2. A paragraph from each party containing the contentions of that party; and 3. A paragraph from Plaintiff concerning the relief sought. • c. Plaintiff's attorney shall: i. Schedule the mediation conference at a time agreeable to all concerned sufficiently in advance of the Pretrial Conference. ii. Confirm the date, time and place of the mediation conference by letter to all concerned. The mediation conference shall occur prior to the Pretrial Conference. d. At last ten (10) days in advance of the mediation conference, Plaintiff's attorney shall schedule a conference for all counsel, either in person or by telephone, for the purpose of presenting a Statement of the Case to the mediator at least five (5) days in advance of the mediation. The statement of the case shall contain: i. A concise paragraph agreed to by the parties describing the overall case; ii. A paragraph from each party containing the contentions of that party; and iii. A paragraph from Plaintiff concerning the relief sought. • Further, each professional guardian is responsible for maintaining individual records of attendance at continuing education programs or maintaining records on CE Broker provided to professional guardians by the Office of Public and Professional Guardians. The records must include the date, hours, title, location and sponsor of the course. At least 16 hours of continuing education every 2 calendar • The notice requirements in the Florida Probate Rules must be complied with at all times in accordance with Rule 5.041, Florida Probate Rules. Florida law requires that next of kin be identified in the petition to determine incapacity and that these individuals, along with other interested persons, be served with the petition for appointment of guardian. Any constructive service shall be conducted in compliance with Chapter 49, Florida Statutes, and an Affidavit of Diligent Search and Inquiry, preferably as set forth in Form 1.942, Florida Rules of Civil Procedure, shall be filed with the Clerk. Petitioners are cautioned that service and notice are primarily governed by Rules 5.040 – 5.042, of the Florida Probate Rules, particularly the requirements for service within a reasonable time before scheduling a hearing. • All hearings must be scheduled with the probate judge’s judicial assistant. Counsel and pro se parties will make a good faith attempt to agree upon a hearing date, time, and hearing duration before placing the hearing on the judge’s calendar and filing the Notice of Hearing. In the event such agreement cannot be achieved, the noticing party shall include a statement on the Notice of Hearing that a good faith attempt was made to coordinate the hearing with the opposing counsel or pro se party. • All hearings must be noticed to all counsel, parties and interested persons by filing a Notice of Hearing that sets forth the date, time, location and duration of the hearing, and states with particularity the matters to be brought before the Court during the hearing. A notice that a hearing is “on all pending motions” is insufficient and will not be accepted. Other parties may schedule additional motions during the same hearing time but only upon securing the consent of the Court and opposing counsel, and serving a Notice of Hearing listing the additional motions to be heard and stating that such consent was given. • The fees for the examining committee should be addressed at the adjudicatory hearing. In some instances, the petitioner will have personally satisfied the fees for the examining committee prior to the adjudicatory hearing. In that event, the petitioner may, if desired, file the documentation to establish the satisfaction. In the event that the petitioner has failed to pay the invoices submitted by the examining committee members prior to the adjudicatory hearing, the attorney for the petitioner will be responsible for preparing an order compensating the examining committee. In the event that such an order is required and a guardianship exists, the statutory language set forth below should be included in the order: “The fees of the examining committee shall be paid by the guardian from the property of the ward or, if the ward is indigent, by the state.” Fla. Stat. §744.331(7)(b). The Order shall state that the Ward is indigent, if the Ward is indeed indigent or if there has been a finding of indigency. Counsel for the petitioner must attach copies of the invoices to the proposed Order Compensating Examining Committee. • The settlement of some cases requires the appointment of a guardian ad litem pursuant to §744.3025, Florida Statutes. In such cases, the petitioner may select the guardian ad litem to propose to the Court and may submit a proposed order with a motion without the necessity of a hearing. The guardian ad litem proposed should be an attorney with knowledge of the area of law that is relevant to the claim of the minor. The petitioner’s selection of the guardian ad litem will be subject to the Court’s approval. The procedure of the petitioner selecting the guardian ad litem may change in the event the local bar and the Court generate a working list of • The title of any proposed order submitted to the Court should refer to the petition, motion or pleading of which the order is disposing. If the order contains findings of fact announced at a hearing, the content of the order should include an introductory paragraph reciting the date on which the hearing was held, the parties who were present, and the petition, motion or pleading of which the order is disposing and the date on which said motion or petition was filed. The findings of fact and conclusions of law announced by the Court should be set forth after the introductory paragraph, and thereafter, the ruling announced by the Court should be set forth as directed. • Date Initials Service Dur. Rate Charge 10/30/15 MGG Processing Ward’s mail 0.2 $ $ 10/30/15 ALT Writing checks for Wards’s bills 0.3 $ $ 11/02/15 ALT Call from Ward’s physician 0.2 $ $ 11/02/15 MGG Checking on Ward 0.4 $ $ Total ALT: 0.5 hours x (rate) = (total charge) Total MGG: 0.6 hours x (rate) = (total charge) • WHEREAS, pursuant to §744.3145(2), Florida Statutes, a person appointed “to be a guardian, other than a parent who is the guardian of the property of a minor child, must receive a minimum of 8 hours of instruction and training”; and • WHEREAS, pursuant to §744.3145(3), Florida Statutes, a person appointed “to be the guardian of the property of his or her minor child must receive a minimum of 4 hours of instruction and training”; and • I AM A GUARDIAN OTHER THAN A PARENT WHO IS THE GUARDIAN OF THE PROPERTY OF A MINOR CHILD. I HAVE COMPLETED AN APPROVED GUARDIANSHIP EDUCATION COURSE AND RECEIVED A MINIMUM OF 8 HOURS OF INSTRUCTION AND TRAINING WHICH COVERS: • I AM A PARENT WHO IS THE GUARDIAN OF THE PROPERTY OF MY MINOR CHILD. I HAVE COMPLETED AN APPROVED GUARDIANSHIP EDUCATION COURSE AND RECEIVED A MINIMUM OF 4 HOURS OF INSTRUCTION AND TRAINING WHICH COVERS: • SECTION 7: HEARINGS, NOTICES, CANCELLATIONS, AND CONTINUANCES • Note: If a party fails to attend in person or by counsel, the Court may dismiss the case, strike the party’s pleadings, limit that party’s proof or witnesses, or take any other action the Court deems appropriate. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Office of the Court Administrator, 255 N. Broadway Avenue, Bartow, Florida 33830, (863) 534-4686, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled court appearance is less than 7 days; if you are hearing or voice impaired, call 711. DONE AND ORDERED on this _______ day of _____________________, _______. • 1. TRIAL. The trial in this matter is set for ______________, beginning at _____a.m./p.m. and continuing through ______________ for ____ hour(s)/day(s); before Circuit Judge ____________, Hearing Room ______ of the ______________ County Courthouse, _____________________________, ___________, Florida _____. • 2. PRETRIAL CONFERENCE. A Pretrial Conference will be held on ______________, at _____a.m./p.m. before Circuit Judge ____________, Hearing Room ______ of the _____________ County Courthouse, ____________________________, ___________, Florida _____. Each party, if represented by counsel, shall be represented at the conference by the attorney who expects to conduct the actual trial can who shall be familiar, not only with the provisions and purposes of Florida Family Law Rule of Procedure 12.200, but with the party’s evidence, and who shall have full authority to simplify and expedite the trial. • 11. Be advised that the Pretrial Conference and Final Hearing will only be continued in exceptional circumstances and for good cause shown in writing, signed by counsel and the party he or she represents. Scheduling conflicts arising after the date of this Order will not be persuasive. If a continuance of the Pretrial Conference is sought, the motion to continue must be filed and called up for hearing before Pretrial Conference. The Court will not entertain a motion to continue the Pretrial Conference during the Pretrial Conference. • 17. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Office of the Court Administrator, 255 N. Broadway Avenue, Bartow, Florida 33830, (863) 534- 4686, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled court appearance is less than 7 days; if you are hearing or voice impaired, call 711. • _____ All childcare providers must be agreed upon by both parents. _____ Each parent must offer the other parent the opportunity to care for the child(ren) before using a childcare provider for any period exceeding _____ hours. • Unless an address is confidential pursuant to a court order, each parent has a continuing responsibility to provide a residential, mailing, and contact address and contact telephone number to the other parent. Each parent shall notify the other parent in writing within 24 hours of any changes. Each parent shall notify the court in writing within seven (7) days of any changes. • B. ACADEMIC BREAK DEFINITION: When defining academic break periods, the period shall begin at the end of the last scheduled day of classes before the holiday or break and shall end on the first day of regularly scheduled classes after the holiday or break. • B. EXCHANGE: {Choose only one} Both parents shall have the child(ren) ready on time with sufficient clothing packed and ready at the agreed upon time of exchange. If a parent is more than 30 minutes late without contacting the other parent to make other arrangements, the parent with the child(ren) may proceed with other plans and activities. • WHEREAS, certain domestic disputes that include matters of shared parental responsibility, child residency, paternity, child support and costs, distribution of property, payment of alimony, child visitation and modifications thereof, can be amicably and expeditiously resolved through mediation prior to hearing by the Court; and • 6. FEES RESULTING FROM WAIVERS ON MOTION: If a mediation has been scheduled, a party may motion the Court to waive mediation. Any party may apply to the Court by written motion for good cause, to waive the mandatory mediation required by this Order prior to filing a notice for trial. The Court may waive the requirement if it appears (a) that mediation of the issue(s) would not be appropriate under the circumstances of that case or (b) that due to exigent circumstances a hearing before the Court should be expedited. Refunds of any fees paid to Mediation Services will be as provided in “Tenth Circuit Mediation Services: Policies and Procedures”. (See Attachment A.) • II. Mediation - The Process: The following procedures will be followed for services provided by Mediation Services: 1. Within five days of receiving the Order to Mediation, each party must provide a current address, a financial affidavit, a current pay stub voucher or letter from an employer stating current earnings, and a statement (to the best of their knowledge) as to the earnings of the other party to Mediation Services at P.O. Box 9000, Drawer J112, Bartow, Florida 33831-9000. If self-employed, the party must submit a copy of their most recent tax return. If neither party has supplied the necessary information within the designated time, each party will be assessed the full session fee of $120.00. 2. Once Mediation Services has received the above information, a letter will be mailed to each party indicating their fee for mediation services. The letter will also instruct each party to call Mediation Services at 863/534-4698 within three days of receipt of the letter to schedule their mediation session. Each session will be scheduled for 150 minutes. • E. If the parties combined gross earnings are over $100,000, the parties do not qualify for the mediation services offered by Mediation Services and must seek private mediation services. 2. If subsequent mediation sessions are scheduled, or if the mediation session is extended for more than 120 minutes, the parties will be required to pay an additional session fee at the previously determined rate. 3. The mediation session fee may be paid at any time prior to the scheduled mediation. All mediation session fees shall be paid to the Clerk of Court in the county that has jurisdiction over the case. The parties must bring a receipt for the payment or a certified certificate of indigent status from the Clerk of Court to Mediation Services. 4. Failure to pay mediation session fee: The mediation will be conducted if one party fails to pay their mediation session fee, but the other pays their assessed fee. However, the Court may issue an order to appear and show cause requiring the non-paying party to appear before the Court at a hearing to show good cause why they should not be held in civil contempt for failing to pay the assessed mediation fees. The Court may assess additional fees and costs against the non-paying party. Any additional fees and costs assessed by the Court shall not be credited toward future mediation sessions, nor may the party seek a refund from the State of Florida for any paid mediation session fees. The other party will not be penalized. • IV. Cancellations and Continuances: A mediation session may be continued or cancelled at the discretion of the mediator, by written joint consent of the parties, or by order of the Court. 1. If the mediation session is continued at the discretion of the mediator or by the Court, any paid fees will be credited toward future mediation sessions. If the mediation session is cancelled at the discretion of the mediator or by the Court, the parties may seek a refund from the State of Florida for any paid mediation session fees. 2. Cancellation and Continuances by the Parties: A. It is the responsibility of the requesting party to provide Mediation Services with documentation that the mediation is to be continued or cancelled. B. If the notice of the continuance or cancellation is provided at least 5 business days prior to the scheduled mediation session, any paid fees will be credited toward future mediation sessions. C. If notice of the continuance or cancellation is provided less than 5 business days prior to the scheduled mediation session, unless there is a major medical emergency or death in the immediate family, the full payment of the mediation fee will be charged to the requesting party for the scheduled session. The fees will not be credited toward a future mediation session, nor may the party seek a refund from the State of Florida for any paid mediation session fees. The other party will not be penalized. D. In the event that the parties reach a full and complete settlement that is submitted to the Court for approval, and a signed copy is provided to • With regard to case management, the domestic violence coordinator shall review all incoming petitions for injunctions for protection to determine whether there are related cases involving the parties. Prior to the initial hearing on the matter, the coordinator shall conduct a background check on the respondent. A report of the coordinator’s findings shall be provided to the court for review. The coordinator shall also review all final injunction orders to determine if monitoring is necessary to assure court ordered compliance with firearms surrender, and class/treatment attendance. • Pursuant to Administrative Order No. 5-20.8, mediation is mandatory in all cases in which there remains a disputed issue, unless the court finds that there has been a history of domestic violence that would compromise the mediation process. And, in all cases in which a trial for two (2) or more hours is anticipated, the parties shall attend mediation prior to scheduling the trial unless the court waives mediation. If a party files a motion requesting mediation, the motion shall state whether or not a domestic violence injunction for protection exists between the parties and/or whether the parties have a history of domestic violence that would compromise the mediation process. • If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact ______________________ ___________________________________________________________________ {identify applicable court personnel by name, address, and telephone number} at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711. • This injunction shall be effective until the hearing set above and in no event for longer than 15 days, unless extended by court order. If a final order of injunction is issued, the terms of this temporary injunction will be extended until service of the final injunction is effected upon Respondent. This injunction is valid and enforceable in all counties of the State of Florida. The terms of this injunction may not be changed by either party alone or by both parties together. Only the Court may modify the terms of this injunction. Either party may ask the Court to change or end this injunction. • The Court finds that the facts, as stated in the Petition alone and without a hearing on the matter, do not demonstrate that Petitioner is a victim of stalking, or that the Petitioner has reasonable cause to believe that he or she is in imminent danger of becoming a victim of stalking. Therefore, there is not a sufficient factual basis upon which the court can enter a Temporary Injunction for Protection Against Stalking prior to a hearing. A hearing is scheduled on the Petition for Injunction for Protection Against Stalking in section II of this Order. Petitioner may amend or supplement the Petition at any time to state further reasons why a Temporary Injunction should be ordered which would be in effect until the hearing scheduled below. • If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provisions of certain assistance. Please contact: __________________________ ___________________________________________________________________ {identify applicable court personnel by name, address, and telephone number} at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711. • This cause came before the Court for a hearing to determine whether an Injunction for Protection Against Stalking in this case should be ( ) issued ( ) modified ( ) extended. • WHEREAS, since March 17, 2020, the Florida Supreme Court has issued various emergency administrative orders (found at www.floridasupremecourt.org/Emergency), which include ordering the cancellation or postponement of all non-essential in-person hearings; and • B. Any party may file a motion to address adherence to Orders of the Court. Motions filed as “emergency” motions must be served on the other party pursuant to the rules of procedure and caselaw. A true emergency is “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, 735 (Fla. 4th DCA 1995). The Court may require a written response from the other party prior to a hearing being set, and the motion may be ruled upon without any hearing. The party should also send a proposed order in Word format for the Court’s consideration. • c. In the event the court finds that the support obligation commenced prior to the hearing date, the following language shall be used in the body of the order: • 2. Said delivery shall take place no later than 11:00 a.m. in order to be scheduled on the docket for a shelter hearing on that day. All petitions that are delivered after 11:00 o’clock will be scheduled for hearing on the following day. • 5. The attorney for the Department of Children and Families shall file the original signed Shelter Petition in court with the judge or Clerk of the Court if they had not previously done so prior to the hearing. • 1. Technical violations of probation (VOP) that do not involve a new violation of law will be addressed through a written request for alternative consequence(s) from the Department of Juvenile Justice (DJJ). DJJ will notify the State Attorney of its intention to impose any alternative consequence(s) or incentive(s) on a juvenile within 72 hours (excluding weekends and holidays) of learning of the violation. This notice will include the conduct generating the alternative consequence(s) recommendation and all prior alternative consequences and incentives imposed by DJJ on the juvenile. Alternative consequences requested by DJJ must be in compliance with the Alternative Consequences Matrix, attached hereto as Attachment A. • 2. Upon receipt of the request from DJJ, the State Attorney will have 72 hours (excluding weekends and holidays) to inform DJJ of their objection. In the event the State Attorney objects, DJJ is prohibited from imposing the consequences(s) or incentive(s). If no objection is lodged within 72 hours (excluding weekends or holidays), DJJ may then impose the consequence(s) or incentive(s). • WHEREAS, to promote judicial economy and efficiency in the assignment and management of cases filed pursuant to this legislation, and to ensure that court proceedings filed under this Act are given precedence over other pending matters to the extent necessary to render a decision within 48 hours as set forth in section 390.01114(4)(b), it is hereby • 3. Upon delivery of the petition to the judge who will preside over an action, the Clerk shall obtain from that judge’s judicial assistant a notice of the hearing date, time, and place, which shall be within 48 hours of the date and time stamped by the Clerk on the face of the petition. The clerk shall provide notice to the minor at the time the minor files the petition, or shall provide notice through the method elected by the minor in the petition (as set forth in Rule 8.805(d)(5) Fla. R. Juv. P.) • 4. Accommodation. Attorneys should attempt to accommodate the schedules of witnesses when setting or resetting their appearance and promptly notify them of any cancellation.
1. The after-hours process is initiated when a person makes contact with Law Enforcement or contacts the Peace River Center regarding a domestic violence event or circumstances in which the person believes that he or she is in immediate and present danger of domestic violence and wants a domestic violence injunction for protection. 2. If a Law Enforcement Officer (hereinafter “LEO”) is contacted first, the officer at the scene will advise the person (hereinafter “petitioner”) of the opportunity to seek an after-hours Domestic Violence Injunction and the process for submitting the petition. The LEO should then contact his or her law enforcement agency’s Victim Advocate (if any) to further assist the petitioner. If the petitioner wishes to submit a Petition for Injunction for Protection Against Domestic Violence, the petitioner will be advised to contact Peace River Center; contact informa
Source sha256: . Corpus categories: HEARING LENGTH/SCHEDULING. Published during the 2026-07-24 completeness pass. Verbatim from the published source, captured 2026-07-24; whitespace normalised only. No OCR was used. [moved from the text 2026-09-14]
4 verbatim requirements on hearings.
2 verbatim requirements on hearing time in LAUREN N. PEFFER's division.