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46 verbatim requirements on hearings.
Tenth Judicial Circuit — Polk only. Practices change without notice; the court's own published text controls. Procedural information only; not legal advice.
• WHEREAS, §790.401(3)(a)(1), Florida Statutes, mandates that the “clerk of the court shall cause a copy of the notice of hearing and petition to be forwarded on or before the next business day to the appropriate law enforcement agency for service upon the respondent as provided in subsection (5)”; and • WHEREAS, §790.401(10)(b), Florida Statutes, mandates that “within 24 hours after issuance, the clerk of the court shall forward a copy of an order issued under this section to the appropriate law enforcement agency specified in the order. Upon receipt of the copy of the order, the law enforcement agency shall enter the order into the Florida Crime Information Center and National Crime Information Center . . .”; and • 6. The petitioning law enforcement agency shall accept the conformed copy of the notice of hearing, and temporary risk protection order or risk protection order, as applicable, issued by the Court and a copy of the petition filed as the copy referenced in §§ 790.401(3)(1)(a), 790.401(5), and 790.401(10)(b) to expedite service upon respondent and to expedite entry into the Florida Crime Information Center and the National Crime Information Center by the agency effecting service. The petitioning law enforcement agency shall forward the copies for service in accordance with this Administrative Order. Any law enforcement agency who relies upon the Polk County Sheriff for reporting shall forward the order within the required 24 hours to the Polk County Sheriff for reporting • 2. Judges shall provide comfort breaks for court reporters on a regular basis. Breaks shall consist of, at a minimum, fifteen minutes in the morning and fifteen minutes in the afternoon plus one hour each for lunch and dinner. • 1. Unless waived by opposing party, at least three hours notice of the hearing must be given. • (a) It is conducted before the same judge who conducted the prior hearing, or • (d) The release of a defendant to the Polk County Pre-trial Services Program if the Order granting the release is entered prior to the first adversary bail modification hearing. • WHEREAS, Florida Rule of Criminal Procedure 3.130, mandates that “[e]xcept when previously released in a lawful manner, every arrested person shall be taken before a judicial officer, either in person or by electronic audiovisual device in the discretion of the court, within 24 hours of arrest . . .”; and • 2. Persons in custody on writs of bodily attachment for failure to pay child support or alimony shall be scheduled before the child support hearing officer or magistrate that day, or if impractical, the following day at 1:30 p.m. for a First Appearance Hearing. This procedure does not apply to an arrest that occurs on Friday after 9:00 a.m. through 1:00 a.m. of the day before the next regular business day. Those persons shall be scheduled for a First Appearance Hearing in the normal course before the duty judge who may, if appropriate, set a continued First Appearance Hearing before the hearing officer or magistrate on the next business day at 1:30 p.m. • 3. Persons in custody on civil writs of bodily attachment because of a finding of contempt in a Marchman Act proceeding may have the opportunity to purge their contempt, if such is explicitly outlined in the writ itself, by agreeing to go to Tri-County Detox (2725 Hwy 60 E., Bartow, Florida) AND agreeing to appear at a hearing before the magistrate on the following Tuesday at 1:30 p.m. If such language is explicitly contained within the writ of bodily attachment, the First Appearance Judge shall inquire of the inmate of his desire to purge the contempt in this manner. If the inmate declines or if this explicit language is not contained within the writ itself, the inmate shall be scheduled for a hearing before the magistrate on the following Tuesday at 1:30 p.m. and held in custody without bond until that time. • 4. Persons taken back into custody because his or her bondsman has gone “off bond” shall not be scheduled for a First Appearance Hearing if the person has previously appeared at a First Appearance hearing. This applies only where “off bond” instances are not the result of new criminal offenses. The bail amount originally authorized at the First Appearance Hearing shall remain authorized. On the other hand, if a person posted bail and/or bond and had previously been released after arrest but before appearing at a First Appearance Hearing, then the person shall remain scheduled for such a hearing. • 4. Within 24 hours of receipt of the report, the Judicial Assistant for the Judge assigned to the Division in which the defendant’s/patient’s case is pending shall prepare, and the Judge shall sign, an Order to Transport and Notice of Status Hearing in an appropriate form Order (a copy of which is attached hereto and made a part hereof). The status hearing shall be held within 10 days of the date of the Order with the goal of having the Status Hearing within approximately 48 hours from the time the defendant/patient has been returned from the State Hospital to the Polk County Jail. Copies of the Order shall be • 7. In order to assure the expeditious handling of these forensic cases, officers of Pretrial Services shall screen the defendant/patient, pursuant to Administrative Order No. 2-56.1, and if the defendant/patient appears for a First Appearance Hearing upon return to the Polk County Jail, the Clerk of the Court shall notify the appropriate Felony Division Judge of the defendant’s/patient’s presence and availability for hearing, and the designated First Appearance Judge shall confirm that a timely return hearing is scheduled with the goal of having a Status Hearing in front of the appropriate Division Judge within approximately 48 hours from the time the defendant/patient has been returned from the State Hospital to the Polk County Jail. • Upon receipt of this Order, the Sheriff of Polk County, Florida, or designee, shall forthwith resume custody of and deliver the Defendant to the appropriate detention facility under the jurisdiction of this Court no later than __________; and, further, shall present the Defendant before this Court for a hearing on the issues raised in the report from the Florida State Hospital at __________. • The Sheriff of Polk County, Florida, or designee, shall, prior to the execution of this Order, give a minimum of twenty-four (24) hours notice unto the Department of Children and Families facility named above by calling the facility and advising them of their intent to resume custody of the Defendant in the above styled cause. • WHEREAS, no such designated employee is required to accept service for a witness who is no longer employed by the agency, if the witness is not scheduled to work prior to or on the court/deposition date, or if the court/deposition date is less than 5 days from the date of service; and • I. Extradition: All persons arrested upon a charge of treason, felony, or other crime from any other state must be brought before the court for an initial extradition hearing which will be scheduled on the First Appearance Hearing (“FAH”) Docket. Pursuant to §941.10(1), Florida Statutes, the FAH Judge “shall inform the person of the demand made for his or her surrender and of the crime with which the person is charged, and that the person has the right to demand and procure legal counsel; and if the prisoner or his or her counsel shall state that he or she or they desire to test the legality of the arrest, the judge of such court of record shall fix a reasonable time to be allowed him or her within which to apply for a writ of habeas corpus.” If subsequent hearings are deemed necessary, such hearings will be scheduled on an appropriate felony docket. • 2. At the FAH, the FAH Judge will advise the offender of their rights and will schedule a probable cause hearing, within three (3) calendar days or as close thereto as possible, on an appropriate felony docket. The Clerk, at the FAH, must also set a status hearing twenty-one (21) calendar days or as close thereto as possible on an appropriate felony docket. • c. If probable cause is found, and if the offender does not have any pending charges, then the Department of Corrections must notify the sending state and the sending state will have 15 business days thereafter to notify of its decision to retake the offender. If the sending state decides to retake the offender, the offender must be released to the sending state regardless of any status hearings, etc. • Offenders who meet the requirements of this Order and enter into a contractual arrangement with the Polk County Electronic Monitoring Program will be monitored by Global Positioning System offender management technology. The whereabouts of offender participants of the program will be recorded 24 hours per day, seven (7) days per week. Violations of the terms of any contractual arrangement will be reported to the Electronic Monitoring Officer each business day. Violations that occur on weekends and holidays will be reported on the next business day. • b. Scheduling Hearings Prior to January 4, 2024: Criminal competency matters may be set on the F8 docket for hearings to take place on or after January 4, 2024. However, any criminal competency matter set prior to entry of this order for a hearing to take place in 2024 on an F1 through F6 docket will remain set on those dockets and will only be transferred to F8, if necessary, after the hearing. • "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 North Broadway Avenue, Bartow, FL 33830, (863) 534-4686, at least seven days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than seven days; if you are hearing or voice impaired, call 711. " • (2) Upon the filing of the appropriate Motion for Writ of Possession, proposed Order Directing Clerk to Issue Writ of Possession, and the signed Order Directing Clerk to Issue Writ of Possession from the Court on residential real properties, and upon receipt of the unexecuted Affidavit of Bona Fide Tenant (Schedule "A") attached to the unexecuted Writ of Possession, the Clerk of Court is authorized to issue the Writ of Possession to the tenant(s). See Rule 1.580(b), Fla.R.Civ.P. • Pursuant to section 702.035, Florida Statutes, it is the responsibility of the plaintiff or the plaintiff’s attorney to complete and submit Notices of Sale and Notices of Rescheduled Sale directly to the newspaper. Proof of Publication of Sale or Rescheduled Sale shall be filed with the Clerk of Court no later than three (3) business days prior to any and all sales. Failure to comply will result in cancellation of the sale by the Clerk. • The Clerk's Civil Law Department must be notified of an assignment of judgment in writing no later than three (3) business days before the scheduled sale date for the bidding to be conducted in the assignee's name. Assignments filed less than three (3) business days before a sale may result in the sale being conducted and the Certificate of sale being issued in the assignor's name. • After being duly sworn by the undersigned authority I hereby swear under the penalty of perjury that 1 am a bona fide tenant in the residence which is the subject of this Writ of Possession and have not received the 90 day notice required by the Protecting Tenants at Foreclosure Act of 2009. I am entitled to occupy the residence under my rental agreement and request a hearing before the Court to dissolve the Writ. • 1. Issue a Notice of Intent to Dismiss or Close and a Notice of Hearing Pursuant to Florida Small Claims Rule 7.110(e). Said hearing on the Notice of Intent to Dismiss or Close shall be scheduled before the Court not less than 30 days after entry of the notice of intent to dismiss. • 2. Without further notice, dismiss said case for lack of prosecution if the parties fail to appear for the hearing on the Notice of Intent to Dismiss or Close, fail to file an order or stipulation staying the action, or fail to show good cause in writing at least 5 days before the hearing on the Notice of Intent to Dismiss or Close as to why the case should not be dismissed or closed. • A. If, after a case has been assigned to Section 80, any party becomes represented by an attorney at any time during the pendency of an action and prior to final hearing, the Clerk of the Court shall immediately reassign the matter to the previously designated family division section described in paragraph I. • III. When an attorney of record files a motion to withdraw from a family division case resulting in no party being represented by an attorney, the assigned judge shall, either at the hearing on the motion to withdraw or upon signing an Order of Withdrawal, set a Case Management Conference on the matter within sixty (60) days of that withdrawal. At the Case Management Conference, if a party states a desire to retain an attorney, they will be given thirty (30) days to do so. If after that 30 days a party has not obtained an attorney, the Clerk’s Office will reassign the matter to Section 80 by order of the family division judge handling the case. • In the event a holiday interferes with the above schedule, the defendant will be brought to the FAH falls within 24 hours of their arrest. • A. In the event the Department has filed a Shelter Petition prior to the post-disposition motion, the Department shall announce its intent to file the post-disposition motion at the shelter hearing and shall file the motion within 72 hours of the shelter hearing, unless otherwise ordered by the court. If the Shelter Petition is granted, the evidentiary hearing on the post-disposition motion shall be scheduled at the shelter hearing no later than 28 days after the shelter hearing. The arraignment following shelter as referenced in Chapter 39 may be held at the same time as the evidentiary hearing. Further, all statutory provisions related to shelter proceedings shall apply until the shelter order is vacated by the court. • D. Procedures for Incarcerated Parties and/or Witnesses – In accordance with Fla. R. Juv. P. 8.305(2), the DCF shall specify and highlight on the shelter petition, or any subsequent filing, the jail status of any parent (i.e. whether in jail, and, if so, whether in state prison or county jail). It is the responsibility of the DCF to notify the Court by phone or fax whenever the DCF is aware that a party or a witness is incarcerated at the time of any pre- disposition hearing. It is the responsibility of defense counsel to notify the court if their client is incarcerated at the time of any post-disposition hearing. Notice shall be provided to the court 24 to 48 hours prior to each and every court proceeding. Once notified, the Court shall call the Polk County Jail and arrange for the inmate to be brought to the hearing. The juvenile case manager shall also notify the courtroom bailiff that an inmate is being brought to the hearing. • Within 21 working days of a pre-disposition hearing, the DCF shall simultaneously file with the Clerk and the presiding judge a Motion to Transport and an Order to Transport the party or witness incarcerated in a state prison facility or out of county jail. The DCF is responsible for preparing the motion and order to transport defending parties for pre-disposition hearings, and the DCF’s witnesses who are incarcerated. Likewise, defense counsel is responsible for preparing the motion and order to transport their clients for post-disposition matters, and their witnesses. When a party or witness is incarcerated in the Polk County Jail and needs to be brought to court for a hearing, the DCF and/or defense counsel shall notify the court 24 to 48 hours prior to each and every court proceeding. • If the parent(s) or legal custodian(s) deny the need for a change in the condition of protective services or placement, either in writing or orally, the Court shall set an evidentiary hearing, pursuant to Fla. Stat. § 39.522, within twenty-eight (28) days. If the motion is granted, the Court shall enter an order • The DCF shall prepare, pursuant to Fla. Stat. § 39.522, distribute pursuant to Fla. R. Juv. P. 8.225, and file a postdisposition Motion to Modify Placement and/or the Condition of Protective Services within seventy-two (72) hours of the conclusion of the shelter proceeding unless otherwise specified by the Court. The DCF may request an extension of time upon good cause shown. If the postdisposition Motion to Modify Placement is not filed within seventy-two (72) hours, or a time frame otherwise ordered by the Court, the parent(s) or legal custodian(s), through counsel, may file a Motion to Vacate the Shelter Order and set the matter for hearing. If the Motion to Vacate the Shelter Order is granted, the child(ren) shall be reunified with the parent(s) or legal custodian(s). • B. Emergency Ex-Parte Motions (without notice) - The DCF or any other interested person, may file a postdisposition Emergency Ex-parte Motion to modify the conditions of protective services or foster care of a previously adjudicated child or children when there is a threat of imminent harm to the child(ren) as a result of either giving notice or as a result of the time required for giving notice. Notice to all parties and participants is not required when filing this emergency ex-parte motion. The motion shall be accompanied by a sworn affidavit and proposed order, and shall be provided to the judge assigned to the case. The motion and sworn affidavit shall set forth the grounds showing there is a threat of imminent harm to the child(ren) if the parents are afforded notice they are otherwise entitled to. The movant shall include a space in the proposed order wherein the judge’s judicial assistant will assign a return hearing date at which all parties and participants will have an opportunity to be heard. The movant shall provide sufficient copies for the distribution of all documents to the parties, participants and counsel of record. • A return hearing shall be set within 5 business days upon the granting of the emergency ex-parte motion. The Court shall hear from all parties in person or by counsel or both, pursuant to Fla. Stat. § 39.522. Upon an admission of a need for a change the Court shall enter an order modifying the conditions of protective services. • If the parent(s) or legal custodian(s) deny the need for a change in the conditions of protective services or placement, the Court shall set an evidentiary hearing, pursuant to Fla. Stat. § 39.522, within ten (10) days of the return hearing. If the motion is granted, the Court shall enter an order changing the placement, modifying the conditions of protective services or continuing the conditions of protective services as ordered. • If the parent(s) or legal custodian(s) deny the need for a change in the condition of protective services or placement at the emergency motion, return hearing, through a written denial, or at a subsequent hearing, the Court shall set an evidentiary hearing, pursuant to Fla. Stat. § 39.522, within ten (10) days. If the motion is granted, the Court shall enter an order changing the placement, modifying the conditions of protective services or continuing the conditions of protective services as ordered. • SECTION 5: HEARINGS NOTICES, CANCELLATIONS, AND CONTINUANCES • Cancellation of Hearings - All hearings scheduled for two (2) hours or more • F. Stipulated Motions – If the parties stipulate to a motion, the movant may submit a proposed order without the necessity of a hearing. The Motion must specifically state that opposing counsel does not object to the Motion. • Counsel may request the Court to appoint a guardian ad litem ("GAL") at any time. The motion requesting appointment of a GAL shall be in writing unless otherwise authorized by the Court. The party seeking appointment of a GAL must schedule a hearing on the matter before the Court. The moving party shall provide notice of the hearing to the GAL’s office. Because of a shortage of GAL volunteers, all cases in which appointment of the program is requested will be subjected to a standardized case prioritization matrix and will be assigned based on an objective scoring system determined by the GAL’s office, subject to approval of the Court. If appointed, the GAL’s office shall prepare the order, unless otherwise directed by the Court. Once appointed, the GAL program is a party to the case and shall be served with all orders, notices, pleadings, motions, and other documents placed in the court file. • If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled to, at no cost to you, to the provision of certain assistance. Please contact the Office of the Court Administrator (863) 534-4699 within two (2) working days of your receipt of this (described notice); if you are hearing or voice impaired, call TDD (863) 534-7777 or Florida Relay Service 711. • 2. Weekly trial schedules for each division will be provided to the jury manager’s office no later than Thursday prior to the week of trial.
WHEREAS, §790.401(3)(a)(1), Florida Statutes, mandates that the “clerk of the court shall cause a copy of the notice of hearing and petition to be forwarded on or before the next business day to the appropriate law enforcement agency for service upon the respondent as provided in subsection (5)”; and
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.