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40 verbatim requirements from admin. order AO 2.39 - Mitigation Measures In Response to COVID-19 (Fourth Amended 5/14/2021) [Judicial].
20th Judicial Circuit. Procedural information only; not legal advice.
Verbatim from https://www.ca.cjis20.org/pdf/ao/ao_2_39_fourth_amended.pdf, harvested 2026-07-25; whitespace normalised only. • WHEREAS, in AOSC20-32, the Florida Supreme Court ordered that (1) Court reopening protocols and practices shall be guided by Centers for Disease Control and Prevention (CDC) recommendations and align with guidance provided by the Florida Department of Health, county health departments, and local medical professionals, and (2) In order to transition to • Phase 2 and expand in-person activities in a manner consistent with AOSC20-23, Amendment 2, each appellate court and each trial court must: • Florida Supreme Court's eighth amended Administrative Order AOSC20-32, with the ongoing goal of resumption of court proceedings and services, and with the ongoing intent that court operations and proceedings shall remain in Phase 2, upon having already met all Phase 2 benchmarks as required by the Florida Supreme Court. • PHASE 1 - ESSENTIAL OR CRITICAL COURT PROCEEDINGS - The following matters are deemed essential or critical court proceedings which the circuit and county courts are required to continue performing during Phase 1: • Essential or critical court proceedings shall be handled by the divisional judge, magistrate, hearing officer, or duty judge who would norma ll y hear the matter. • When possible, essential court proceedings shall be held remotely using communication equipment. • For essential court proceedings involving in-custody defendants, the in- custody defendants shall appear remotely utilizing communication equipment. • No one shall be permitted to accompany persons who are otherwise allowed in the courthouse, and there shall be no loitering. • At a minimum, and in accordance with CDC guidelines, all persons entering any public area of the courthouse, without exception, shall wear a face mask or appropriate face covering and all efforts shall be made to ensure six-feet of social distancing between a ll persons (with the exception of persons with children or with in a single family unit). • Any person, regardless of status, who is exhibiting symptoms consistent with COVID-19, or any person who has traveled or has knowingly been in contact with another person who is suffering from the effects of the COVID-19 virus, is prohibited from entering any courthouse. • (The requirements and procedures for social distancing and face masks under Phase 2 applicable to in-person court proceedings shall apply equally to Phase 1 throughout the entire courthouse, both public and private areas.) • All of the above- listed non-essential or non-critical court proceedings shall proceed and shall be held to the fullest extent possible. • 3. In accordance with the directive of the Florida Supreme Court, each of the above-listed non-essential or non-critical proceedings shall be conducted using telephonic or other remote electronic means available, unless a judge determines that remote conduct of the proceeding 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 would be infeasible because the court, the clerk or other participant in a proceeding lacks the technological resources necessary to conduct the proceedings, or, for reasons directly related to the state of emergency or the public health emergency, lacks the staff resources necessary to conduct the proceeding. • The above-listed non-essential or non-critical proceedings shall not be conducted through in-person hearings during Phase 1. • Improving COVID-19 health conditions over a 14-day period in the community. 4 To meet this benchmark, condition a) or b) below must be met: a) Both of the seven-day averages for new cases for the most recent two-week period must be 20 or fewer 5 and both of the follow ing measures must demonstrate two consecutive weeks of decline or stabilization: i. • The seven-day averages for ED visits for the most recent two-week period. b) If either of the seven-day averages for new cases for the most recent two-week period exceed 20, then both of the follow in g criteria must be met: • Both of the seven-day averages for the positivity rate for the most recent two-week period must be less than 10 percent. • If not, then both of these averages must be less than 11. percent and bo th of the following measures must demonstrate two consecutive weeks of decline or stabilization: a. • As such, it should be presumed that each county continues to meet the criteria of benchmark 3, unless, based on the weekly data, the Chief Judge issues a written directive 7 reflecting that a county (or counties) do not meet the criteria for benchmark 3 for that particular week, with instructions that the county (or counties) are to revert back to Phase I or, alternatively, are to follow specific modifications to the Operational Plan as may be outlined in the written directive. 4 . • Judge of the Twentieth Judicial Circuit will issue a separate written directive as may be necessary or appropriate which shall be treated as stand-a lone directive to be read in conjunction with this local Administrative Order and • COVID- l 9 symptoms are required to notify the C hi ef Judge and are expected to either arrange for a COVID-19 test or to self-isolate for at least 10 days. • Employees, stakeholders and/or agency personnel with whom they may have been in direct contact (per CDC, "close contact" means they were within 6 feet of a person for at least 15 minutes). 2) The Trial Court Administrator will provide the HR • Director the name of the judge and the contact tracing information. b) Judicial Assistants and Court Employees exhibiting COVID-19 symptoms – Judicial Assistants and court employees exhibiting COVID-19 symptoms are required to notify their direct supervisor and the HR Department, and are expected to arrange for a COVID-19 test and can return upon receiving a negative test result. • If a Judicial Assistant or employee does not want to get tested, they are required to self-isolate at home for at least 10 days and will need to utilize their own accrued leave while absent. • Employees, stakeholders and/or agency personnel with whom they may have been in direct contact (per CDC, "close contact" means they were within 6 feet of a person for at least 15 minutes). 2) The availability of Emergency Paid Sick Leave (EPSLA) has expired under federal law. c) Judges, Judicial Assistants and Court Employees who test positive for COVID- 19 1) Judges are required to self-isolate for at least 10 days and to notify the Chief Judge of positive test results along with any corresponding doc k et coverage needs while they are iso lated. • HR Department and are required to self-isolate for at least 10 days. • The availability of Emergency Paid Sick Leave (ESPLA) has expired under federal law. d) Close Contact 10 1) Judges, Judicial Assistants, and court employees must remain home and contact the Chief Judge or their direct supervisor, whichever is applicable, if they have had close contact with someone who has tested positive for • If a Judge, Judicial Assistant or employee does not want to get tested, they will be required to self- isolate at home for at least 10 days, and Judicial • See below section e) of this Human Resources Policy. 3) Judges, Judicial Assistants, and court employees who live with a household member who meets at least one of the above criteria are required to self-isolate at home for at least 10 days, unless the household member is awaiting pending test results and tho se results come back negative, after w hi ch the Judge, Judicial Assistant or court employee can return to work if no symptoms are or were ever exhibited by that Judge, Judicial Assistant or court employee, without wait ing the entire 10 days. • Policy); and 11 . at least 24 hours have passed since last fever (if any) without the use of fever-reducing medications; and • COVID-19, but do not have any symptoms, will not be required to stay home or get tested. 2) As per CDC guidance, Judges, Judicial Assistants, and employees who have symptoms of COVID-19 are required to comply with section a) or b) of this Human • Judicial Assistant or a court employee does not want to get tested, they will be required to self-isolate at home for at least 10 days, and Judicial Assistants and court employees will need to utilize their own accrued leave while absent. • In Phase 2, social distancing guidelines shall be strictly enforced only during in-person court proceedings, which include the assembly of prospective jurors, voir dire, juror deliberations, and any status conference, hearing, trial, or other proceeding conducted by a judge, magistrate, or hearing officer if conducted in person. a) Current C DC social distancing ~ ideline s recommend stay in g at least six feet from other people. 2 b) The Administrative Office of the Courts of the Twentieth • Hygiene Protocols and Personal Protective Equipment (PPE) a) Hygiene protocols such as hand washing and covering coughs and sneezes will be encouraged. b) Visible signage in, at a minimum, English and Spanish and in compliance with the ADA , will be readily posted where appropriate reminding individuals of hygiene protocols, including hand washing, as well as social distancing during in- person court proceedings, directional guidance, and any changes to processes due to the pandemic. c) Hand sanitizer will be widely available for use throughout the courthouses, including inside courtrooms. d) Face masks completely covering the nose and mouth and that fit snugly around the nose, chin, and sides of the face are required for everyone during an in-person court proceeding, including judges, court staff, and employees of other agencies, with no exceptions. e) The Chief Judge may adopt a policy authorizing the use of clear face masks or cloth face masks that have clear plastic panels during in-perso n court proceeding s. • Like opaque face masks, clear face masks or cloth face masks that have clear plastic panels must completely cover the nose and mouth and fit snugly around the nose, chin, and sides of the face. • If such a policy is adopted, it shall apply consistently across a ll in-perso n cou 1t proceedings in the same courthouse. t) If persons appearing during in-person court proceedings do not have a face mask or appropriate face covering, one will be provided to them at no cost, for as long as supplies last. • Admittance will likewise be denied to any person who refuses to wear a face mask during in-person court proceedings. g) A face shield or other face covering protocol may be used in addition to a face mask but may not be used as an alternative to a face mask. h) To the extent that health experts have noted that proper hand hygiene is generally preferable to gloves, the wearing of protective gloves is not required within the courthouses, though it is encouraged for certain tasks requiring direct contact, such as bailiffs taking fingerprints of a defendant. i) CDC guidance on cleaning and disinfecting public spaces, workplaces, and other public locations shall be followed in all areas of the courthouses and court facilities publically accessible. • Courts, shall make every effort to schedule and conduct the in-person hearing in a manner so as to provide the maximum available safety precautions and social distancing, for example, providing a special set hearing, eliminating all other persons from the ga ll ery of the courtroom, or providing a hybrid-type of accommodation. • Cleaning and Disinfecting a) The Administrative Office of the Courts shall maintain a supply of hand sanitizer and disinfecting wipes and shall make them available to employees and throughout the courthouses, including courtrooms. b) Each county of the Twentieth Judicial Circuit has contractors to provide cleaning services to the bu ildings in which the courthouses are located. • PROCEEDINGS - To the extent possible, during Phase 2, all essential/critical and non-essential/non-critical proceedings shall be conducted remotely via teleconferencing, videoconferencing, or other mean s.
WHEREAS, in AOSC20-32, the Florida Supreme Court ordered that (1) Court reopening protocols and practices shall be guided by Centers for Disease Control and Prevention (CDC) recommendations and align with guidance provided by the Florida Department of Health, county health departments, and local medical professionals, and (2) In order to transition to
Reviewer note: Order PDF sha256: 0f11ef9ab21a9e0ebf8d8ec5250ab89e93beed9b96ac6a96e8a148ffe78587ea. Extracted from the order's own text layer. Text layer cleaned 2026-09-08 (Phase 3a): page markers removed; wording untouched. Text recomposed 2026-09-08 (Phase 3b): OCR/extractor artifacts corrected verbatim against the official print; wording unchanged. Text layer cleaned 2026-09-08 (Phase 3g): 58 kerning-split words rejoined; wording untouched. Text layer cleaned 2026-09-08 (Phase 3g): 34 kerning-split words rejoined; wording untouched. Text recomposed 2026-09-08 (Phase 3i): read against the official print through the vision lane, or restored from unambiguous scanning mis-reads of the text layer; wording unchanged. Text recomposed 2026-09-08 (Phase 3i): read against the official print through the vision lane, or restored from unambiguous scanning mis-reads of the text layer; wording unchanged.
2 verbatim requirements from 4th Circuit Administrative Order 1986-33A.
1 verbatim requirement from Fourth Circuit administrative order 2003-06.