Loading…
15 verbatim mandatory provisions from S-1990-020.
Thirteenth Judicial Circuit. Check the order's own effective and rescission dates before relying on it. Procedural information only; not legal advice.
Verbatim from the order's own text layer, harvested 2026-07-24; whitespace normalised only. No OCR was used. Only sentences containing mandatory language (shall, must, may not, no later than, within N) are reproduced — the full document is in custody and is the controlling text. • ESTABLISHING INCOME DEDUCTION ORDER FORM AND FORM SETTING OUT RIGHTS, REMEDIES AND DUTIES WITH REGARD TO IMPOSITION OF INCOME DEDUCTION ORDER WHEREAS Section 775.089(12)(a), Florida Statutes (1989), requires that upon the entry of an order for restitution, the court shall enter a separate order for income deduction; and WHEREAS Section 775.089(12)(a)(4) states that when the court orders the income deduction, the court shall furnish to the defendant a statement of his rights, remedies, and duties in regard to the income deduction order; and WHEREAS Section 775.089(12)(a)(4) "a" through "f" sets forth the items this statement shall include; it is therefore ORDERED: • Pursuant to Section 775.089(12)(a)(2), any funds due from you to the above-named defendant are required to be withheld by you and paid to the Clerk of the Circuit Court of Hillsborough County, Florida, in accordance with the terms of this Order. • IT IS HEREBY ORDERED AND ADJUDGED Commencing no later than the first payment date occurring two (2) weeks from the date of the service of this Order, you are hereby directed to withhold from any income due from you to , restitution payments in the amount of $ per , plus a Clerk's fee in the amount of $2.00 per payment in accordance with Florida Statute 28.24(31), a one-time Clerk's fee in the amount of $3.00 as per 28.24(32), and any other applicable fees subject to the limitations that the amount withheld cannot exceed the applicable percentage of the disposable funds due to the named party as defined and pursuant to the garnishment provisions of the Consumer Credit Protection Act, 15 U.S.C. • The reverse side of this Order shall constitute the Notice to Payor [Editor's Note: • Payment of income pursuant to this Order, to the extent thereof, shall fulfill the obligation of the employer, former employer, or other person or agency under any contract with the responsible party for remuneration and no liability shall be incurred as a result of such payment. • You shall implement the Income Deduction Order no later than the first payment date which occurs more than the fourteen days after receipt of this Order and Notice. • Payments shall be mailed to the Clerk of the Circuit Court at the address below by business check or in person by cash. • Any payment by check must contain the Circuit/County Criminal Case No. on the Order on the reverse of this form. 3. • You are to forward, within 2 days after each payment date, to the Clerk of the Circuit Court the amount deducted from the income along with a statement as to whether the amount totally or partially satisfies the periodic amount specified in the Income Deduction Order. 4. • Should you fail to deduct the proper amount due you shall be liable for same amount, plus costs, interest, and reasonable attorney's fees. 5. • When you no longer provide income to the Defendant, you shall notify the Clerk of the Circuit Court and provide the Defendant's last known address and the name and address of the Defendant's new payor, if known. • You shall not discharge, refuse to employ, or take disciplinary action against the Defendant because you have been required to comply with an Income Deduction Order. • You are required to notify the Clerk of Court within seven days of any changes in your address as well as any changes in payors, or their addresses. e. • You are herein further advised that within 15 days from the date of entry of the Income Deduction Order, you may apply for a hearing to contest the enforcement of said order on the sole ground of mistake of fact regarding the amount of restitution owed. • A timely request for a hearing shall stay the service of the Order on all payors until a hearing is held and a determination is made as to whether the enforcement of the Order is proper.
ESTABLISHING INCOME DEDUCTION ORDER FORM AND FORM SETTING OUT RIGHTS, REMEDIES AND DUTIES WITH REGARD TO IMPOSITION OF INCOME DEDUCTION ORDER WHEREAS Section 775.089(12)(a), Florida Statutes (1989), requires that upon the entry of an order for restitution, the court shall enter a separate order for income deduction; and WHEREAS Section 775.089(12)(a)(4) states that when the court orders the income deduction, the court shall furnish to the defendant a statement of his rights, remedies, and duties in regard to the income deduction order; and WHEREAS Section 775.089(12)(a)(4) "a" through "f" sets forth the items this statement shall include; it is therefore ORDERED:
Reviewer note: Document sha256: 45032f3da76a4ca98fb340726f4e8a819ef19ba085b079e8d184142e2547df57 (36960 bytes). BenchPath harvested this circuit itself because no research corpus existed for it. Extraction is conservative: mandatory-language sentences only, so this rule is a faithful subset of the order, never a summary of it.
1 verbatim requirement published by Palm Beach magistrate 01 on hearing time & argument limits.
1 verbatim requirement published by Palm Beach magistrate 02 on hearing time & argument limits.
1 verbatim requirement published by Palm Beach magistrate 03 on hearing time & argument limits.