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19 verbatim requirements extracted from judge-cynthia-l-cox__AOSC20-23-Amendment-8.pdf, across 4 topics.
Nineteenth Judicial Circuit (Indian River, Martin, Okeechobee, St. Lucie). Check the order's own effective and rescission dates before relying on it. Procedural information only; not legal advice.
PROPOSED ORDERS • 1. This administrative order is issued to: remove reference to appellate courts throughout the order and indicate that the order governs trial courts; make technical changes throughout the order to recognize that all trial courts have transitioned to Phase 2 at least once; amend the descriptions of Phases 2 and 3 in the introduction to the order; recognize that additional guidance for the remote conduct of proceedings may be issued in Section I.B.; authorize the remote conduct of civil jury trials by all judicial circuits in Section III.B.; authorize the remote conduct of certain potential juror proceedings and add citations to the statutory provisions authorizing the reasons for excusals and postponements in Section III.C.; reorganize, clarify, and amend provisions in Sections III.D. and E.; create a new Section III.F. to specify chief judge responsibilities for the conduct of certain in-person proceedings and to provide a recommended priority in which to conduct such proceedings; create a new Section III.G. to address the responsibilities of courts and lawyers in maximizing the resolution of cases; create a new Section III.H. to specify that all trial court proceedings may be conducted in person in Phase 3 subject to specified requirements; and remove Section VII. as the provision has expired. This order is also issued to address the calculation of time that accrued before a suspension of: the speedy trial procedure in criminal, juvenile, and noncriminal traffic proceedings in Sections IV.A. and VI.; certain rules relating to persons arrested for first degree murder in Section IV.B.; and the speedy trial procedure in criminal and juvenile proceedings due to a reversion in Section IX.C. • public health emergency exists in Florida, and the Governor on March 9, 2020, declared a state of emergency for the entire state. The Florida state courts have taken measures to mitigate the effects of this public health emergency upon the judicial branch and its participants. To that end, I have issued several administrative orders implementing temporary measures essential to the administration of justice during the COVID-19 pandemic.2 The overarching intent of those orders has been to mitigate the impact of COVID-19, while keeping the courts operating to the fullest extent consistent with public safety. It is the intent of the judicial branch to transition to optimal operations in a manner that protects the public’s health and safety during each of the following anticipated phases of the pandemic: a) Phase 1 – in-person contact is inadvisable, court facilities are effectively closed to the public, and in-person proceedings are rare; • B. To maintain judicial workflow to the maximum extent feasible, chief judges shall take all necessary steps to support the remote conduct of proceedings with the use of technology, in accordance with this administrative order and other applicable standards and guidance as may be adopted by the Chief Justice or supreme court. For purposes of this administrative order, “remote conduct” or “conducted remotely” means the conduct, in part or in whole, of a court proceeding using telephonic or other electronic means. C. Nothing in this order is intended to limit a chief judge’s authority to conduct court business or to approve additional court proceedings or events that are required in the interest of justice, if doing so is consistent with this administrative order and protecting the health of the participants and the public. D. Judges and court personnel who can effectively conduct court and judicial branch business from a remote location shall do so. Participants who have the capability of participating by electronic means in remote court proceedings shall do so. • The circuit is operating in Phase 2 or Phase 3 pursuant to Fla. Admin. Order No. AOSC20-32, as amended, and the proceeding is conducted in a manner that is consistent with the circuit’s operational plan. b. If the presiding judge for the statewide grand jury determines that the proceedings of the statewide grand jury cannot proceed remotely or in person in Phase 1, the presiding judge may issue a local administrative order suspending the proceedings for a specified period of time not to exceed 30 days after the circuit returns to Phase 2. (2) Non-statewide grand jury selection and proceedings, civil jury selection and trial proceedings, and criminal jury selection and trial proceedings shall remain suspended until 30 days after the chief judge of a judicial circuit has determined that the circuit or a county within the circuit has transitioned to Phase 2 pursuant to Fla. Admin. Order No. AOSC20-32, as amended.8 (3) Additional days equal to the number of days for which grand jury proceedings are suspended shall be restored to the term of the impaneled statewide grand jury or other impaneled grand jury; however, the number of days restored may not exceed the number of days the impaneled grand jury had remaining in its term when the suspension began. • B. Remote Civil Jury Trials. Notwithstanding any other provision in this administrative order, a judicial circuit may remotely conduct civil jury trials pursuant to the requirements established by the Workgroup on the Continuity of Court Operations and Proceedings During and After COVID-19 for the pilot program that was authorized through In re: Remote Civil Jury Trial Pilot Program, Fla. Admin. Order No. AOSC20-31, Amendment 1 (June 8, 2020), and other applicable standards and guidance as may be adopted by the Chief Justice or supreme court. The selection of cases for such trials must be based upon the case being conducive to a remote proceeding, and all parties must consent to participating in the remote trial. Within 30 days after the remote conduct of a civil jury trial for the first time in a judicial circuit, the circuit shall present the results of the trial and report its findings and recommendations to the Chief Justice through the state courts administrator. To conduct any portion of those trials in person: (1) The chief judge, in consultation with the county health department or local health expert, must determine that the in-person proceeding can be conducted in a manner that protects the health and safety of all participants if the circuit or a county within the circuit is operating in Phase 1; or (2) The circuit or a county within the circuit must be operating in Phase 2 or Phase 3 pursuant to Fla. Admin. Order No. AOSC20-32, as amended, and the • circuit is operating in Phase 2 pursuant to Fla. Admin. Order No. AOSC20-32, as amended, in a manner that is consistent with the circuit’s operational plan, or as otherwise authorized under Section III.B(1) or IX.A.(2). (1) Non-statewide grand jury selection and proceedings, civil jury selection and trial proceedings, and criminal jury selection and trial proceedings shall be conducted in person after the suspension of these proceedings ends pursuant to Section III.A.(2). (2) Non-jury trials in: a. Criminal cases shall be conducted remotely if the parties agree to such conduct or, if not, shall be conducted in person. b. Termination of parental rights and juvenile delinquency cases shall be conducted remotely if ordered by the chief judge or the presiding judge or, if not, shall be conducted in person. (3) All other trial court proceedings shall be conducted remotely, except that a proceeding shall be conducted in person if the chief judge or presiding judge, in consultation with the chief judge, determines that remote conduct of the proceeding: a. Is inconsistent with the United States or Florida Constitution, a statute, or a rule of court that has not been suspended by administrative order; or • The suspension of in-person visitation applies to parent-child visitation, sibling visitation, and visitation between children and other family members and non-relatives. If a party seeks to reinstate in-person visitation while the suspension of in- person visitation requirements remains in effect, such reinstatement shall be determined on a case-by-case basis by the circuit court with jurisdiction over that party’s case. Reinstatement of in-person visitation may be ordered if the court determines that it will not jeopardize the health, safety, and well-being of all children and adults (including caregivers) who will be affected by the in-person visitation. Nothing in these provisions regarding visitation for children under the protective supervision of the DCF overrides existing circuit administrative orders to the extent that those orders are not in conflict with this order. Circuits may enter additional administrative orders addressing visitation and contact pursuant to chapter 39, Florida Statutes, to the extent that they are not in conflict with this order. IX. REVERSION TO A PREVIOUS PHASE If a circuit or a county within the circuit reverts to a previous phase, as addressed in Fla. Admin. Order No. AOSC20-32, as amended, the following provisions govern. • A. Certain Jury Proceedings and Jury Trials. If a circuit or a county within the circuit reverts to Phase 1, juror selection and proceedings for a non-statewide grand jury and juror selection and trial proceedings for a civil or criminal case that: (1) Were not commenced before the reversion are suspended until the circuit or county returns to Phase 2, at which time such proceedings may be commenced in person in a manner consistent with the circuit’s operational plan. (2) Were commenced before the reversion may proceed to completion in person if the chief judge determines that completion of the proceeding without delay is required by the interests of justice and determines, in consultation with the county health department or local health expert, that the in-person proceeding can be conducted in a manner that protects the health and safety of all participants. The requirements of the double jeopardy clause must be considered in criminal proceedings. B. Suspension of Impaneled Non-statewide Grand Jury. If the chief judge determines that the proceedings of an impaneled non-statewide grand jury cannot continue in Phase 1, the chief judge may issue a local administrative order suspending the proceedings for a specified period of time not to exceed 30 days after the circuit or county within the circuit returns to Phase 2. The provisions of Section III.A.(3) apply with respect to the restoration of time to the term of the impaneled non-statewide grand jury during such suspension. REMOTE & VIRTUAL APPEARANCES • 2. In re: COVID-19 Emergency Procedures in the Florida State Courts, Fla. Admin. Order No. AOSC20-13 (March 13, 2020); In re: COVID-19 Essential and Critical Trial Court Proceedings, Fla. Admin. Order No. AOSC20-15 (March 17, 2020); In re: COVID-19 Emergency Procedures for the Administering of Oaths via Remote Audio-Video Communication Equipment, Fla. Admin. Order No. AOSC20- 16 (March 18, 2020); In re: COVID-19 Emergency Measures in the Florida State Courts, Fla. Admin. Order No. AOSC20-17 (March 24, 2020); In re: COVID-19 Emergency Procedures in Relation to Visitation for Children Under the Protective Supervision of the Department of Children and Families, Fla. Admin. Order No. AOSC20-18 (March 27, 2020); and In re: COVID-19 Emergency Procedures for Speedy Trial in Noncriminal Traffic Infraction Court Proceedings, Fla. Admin Order No. AOSC20-19 (March 30, 2020). • II. USE OF TECHNOLOGY A. All rules of procedure, court orders, and opinions applicable to court proceedings that limit or prohibit the use of communication equipment for the remote conduct of proceedings shall remain suspended.3 B. The chief judge of each judicial circuit remains authorized to establish procedures for the use, to the maximum extent feasible, of communication equipment for the remote conduct of proceedings, as are necessary in their respective circuit due to the public health emergency.4 C. Administering of Oaths (1) Notaries and other persons qualified to administer an oath in the State of Florida may swear a witness remotely by audio-video communication technology from a location within the State of Florida, provided they can positively identify the witness.5 (2) If a witness is not located within the State of Florida, a witness may consent to being put on oath via audio-video communication technology by a person qualified to administer an oath in the State of Florida.6 • (3) All rules of procedure, court orders, and opinions applicable to remote testimony, depositions, and other legal testimony, including the attestation of family law forms, that can be read to limit or prohibit the use of audio-video communications equipment to administer oaths remotely or to witness the attestation of family law forms shall remain suspended.7 (4) Notaries and other persons qualified to administer an oath in the State of Florida may swear in new attorneys to The Florida Bar remotely by audio-video communication technology from a location within the State of Florida, provided they can positively identify the new attorney. (5) For purposes of the provisions regarding the administering of oaths, the term “positively identify” means that the notary or other qualified person can both see and hear the witness or new attorney via audio-video communications equipment for purposes of readily identifying the witness or new attorney. D. Law School Practice Programs. (1) A supervising attorney in a law school practice program, under Rule 11- 1.2(b) of the Rules Regulating The Florida Bar, may utilize audio-video communication technology to remotely supervise the law student in satisfaction of the requirement that the supervising attorney be physically present. The • supervising attorney and law student must maintain a separate, confidential communication channel during the proceedings. (2) In a law school practice program, the requirement in Rule 11-1.2(b) of the Rules Regulating The Florida Bar that an indigent person and the supervising attorney must consent in writing to representation by a supervised law student may be satisfied by the judge receiving the consent verbally under oath. III. TRIAL COURT PROCEEDINGS The following provisions govern the conduct of trial court proceedings during Phases 1 through 3, except as modified by Section IX., addressing reversions to a previous phase by a circuit or a county within the circuit. A. Jury Proceedings and Jury Trials. (1) Statewide grand jury proceedings were suspended through July 26, 2020. a. After the suspension, the proceedings shall be conducted remotely or, if one of the following criteria is satisfied, may be conducted in person: The presiding judge for the statewide grand jury, in consultation with the county health department or local health expert, determines that the in-person proceeding can be conducted in a manner that protects the health and safety of all participants if the circuit is operating in Phase 1; or • (3) In Phase 1 and Phase 2, essential and critical trial court proceedings shall be conducted remotely, unless the chief judge or presiding judge, in consultation with the chief judge, determines that it is necessary to conduct the proceeding in person. If the circuit or county within a circuit is operating in Phase 1, in-person conduct of a proceeding may occur if the chief judge, in consultation with the county health department or local health expert, determines that the in- person proceeding can be conducted in a manner that protects the health and safety of all participants. If the circuit or county within a circuit is operating in Phase 2, in-person conduct of a proceeding must be consistent with the circuit’s operational plan. (4) It is recognized that certain essential or critical trial court proceedings in some jurisdictions may in extraordinary, limited circumstances be unavoidably delayed due to the exigencies of the ongoing emergency. When this occurs, chief judges are required to take all steps feasible to minimize the delay. E. Other Trial Court Proceedings.12 Trial court proceedings that are not addressed under Section III.A.(1) or III.D. shall be conducted as follows during Phase 1 and Phase 2. If in-person conduct of the proceeding is required below, the proceeding may be conducted in person only if the circuit or a county within the • competency. Chief judges also remain authorized to allow experts and attorneys to conduct and attend competency evaluations by remote means, if feasible. V. DEFENDANTS ARRESTED ON WARRANT OR CAPIAS FROM ANOTHER FLORIDA JURISDICTION17 • Requirements for in-person visitation pursuant to circuit court orders entered under chapter 39, Florida Statutes, remain suspended. This order does not affect in-person visitations when all parties and the caregiver agree that the visitation can take place in a manner that does not pose a health threat. In lieu of in-person visitation, visitation shall be conducted through electronic means with video communication as the preferred means, although telephonic contact is permitted if video communication is not feasible. HEARING TIME & ARGUMENT LIMITS • D. Essential and Critical Trial Court Proceedings.11 (1) All trial courts shall continue to perform essential trial court proceedings, including but not limited to: first appearance; criminal arraignments; hearings on motions to set or modify monetary bail for individuals who are in custody; juvenile dependency shelter hearings; juvenile delinquency detention hearings; hearings on petitions for injunctions relating to safety of an individual; hearings on petitions for risk protection orders; hearings on petitions for the appointment of an emergency temporary guardian; hearings to determine whether an individual should be involuntarily committed under the Baker Act or the Marchman Act; and hearings on petitions for extraordinary writs as necessary to protect constitutional rights. (2) In addition to essential trial court proceedings, all trial courts shall perform, as necessary and applicable, critical trial court proceedings related to the state of emergency or the public health emergency, including but not limited to proceedings related to: violation of quarantine or isolation; violation of orders to limit travel; violation of orders to close public or private buildings; and enforcement of curfew orders. • B. Persons Arrested for First Degree Murder.15 With regard to persons arrested for first degree murder, all time periods under Florida Rules of Criminal Procedure 3.133(b) and 3.134 shall: (1) Remain suspended until such time as grand jury proceedings are resumed pursuant to Section III.A. When the suspension ends and the time periods resume, any time that accrued under the rules for a person before the suspension began on March 13, 2020, shall be subtracted from the time periods provided by the rules. (2) Be suspended during any period of time in which grand jury proceedings are suspended under Section III.A.(1)b. or IX.B. When the suspension ends and the time periods resume, any time that accrued under the rules for a person before the suspension began on March 13, 2020, shall be subtracted from the time periods provided by the rules. C. Incompetence to Proceed.16 Where exigencies make it impossible to meet the 20-day time period in Florida Rule of Criminal Procedure 3.210(b), chief judges of the circuit courts remain authorized to direct judges to hold competency hearings as soon as feasible after the date of filing a motion to determine • To mitigate the health risks associated with the incarceration and transportation of defendants during the pandemic, when a defendant is arrested on a warrant or capias from another Florida jurisdiction, chief judges of the circuit courts remain encouraged to facilitate communication between the circuit or county where the case originated (“home court”) and the circuit or county where the defendant is incarcerated (“holding court”), for the handling of matters on a temporary basis, as follows: A. Pretrial Release and First Appearance Hearings. Chief judges remain authorized to direct judges conducting pretrial release and first appearance hearings to address detention and monetary bond or other conditions of pretrial release in the county of arrest, regardless of whether the case is transferred, rather than requiring transport of the defendant to the county where any warrant or capias originated. For capiases and violation of probation warrants, before setting monetary bond or other conditions of pretrial release, the first appearance judge, in order to • make a proper decision regarding monetary bond or other conditions of pretrial release, must rely on relevant information from the following individuals in the county that issued the capias or warrant: the issuing judge, defense counsel if any, and the state attorney. Action taken by the holding court at first appearance and any pretrial release hearing should be promptly reported to the home court and reflected in the record of the case. Any provision of Florida Rule of Criminal Procedure 3.131 inconsistent with these measures remains suspended. B. Pleas. Judges remain encouraged to coordinate with prosecutors, attorneys, defendants, and victims in order to utilize section 910.035, Florida Statutes, which allows for pleas of guilty or nolo contendere for persons arrested in counties outside of the county of prosecution, upon the consent of the defendant and the state attorney in the county where the crime was committed. C. Rights of Parties. In cases that are not handled by a plea or pretrial release such that the defendant will continue to be detained in the jurisdiction of the holding court for an indefinite period of time, chief judges are directed to ensure that the due process rights of the defendant are protected by facilitating the temporary transfer of the case to the holding court, if necessary; by having a judge from the holding court designated by the Chief Justice, or designated by the chief CONTINUANCES
1. This administrative order is issued to: remove reference to appellate courts throughout the order and indicate that the order governs trial courts; make technical changes throughout the order to recognize that all trial courts have transitioned to Phase 2 at least once; amend the descriptions of Phases 2 and 3 in the introduction to the order; recognize that additional guidance for the remote conduct of proceedings may be issued in Section I.B.; authorize the remote conduct of civil jury trials by all judicial circuits in Section III.B.; authorize the remote conduct of certain potential juror proceedings and add citations to the statutory provisions authorizing the reasons for excusals and postponements in Section III.C.; reorganize, clarify, and amend provisions in Sections III.D. and E.; create a new Section III.F. to specify chief judge responsibilities for the conduct of certain i
Reviewer note: Document sha256: c8962c4d74fc546c767c3a3ffcd509d97170b6dcb7e075b910f30b53f0093547. One rule per order rather than per topic, so an order's requirements stay together. Published during the completeness pass. | Title normalised 2026-07-26 for readability; the court's own asset name was "19th Cir. — judge-cynthia-l-cox__AOSC20-23-Amendment-8.pdf: published requirements". Only the display title changed — the requirement text, source URL and hash are untouched. Text layer cleaned 2026-09-08 (Phase 3f): page headers/footers, ligatures and letter-spaced headings normalised; wording untouched. Verbatim from the order, captured 2026-07-24; whitespace normalised only. No OCR was used anywhere in this chain. [moved from the text 2026-09-14] [Corrected 2026-09-26: 2 bulleted sentences had been cut at a semicolon -- a list stem or item published without the rest of its sentence. 2 were removed because the rest of the sentence could not be published whole from the rule's own source (a list item or recital, a page chunk, or a source that is no longer reachable).]
6 verbatim requirements on proposed orders in NINA W. DI PIETRO's division.
3 verbatim requirements on proposed orders in JOHN HURLEY's division.