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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 th e o ngo in g goal of resumption of court proceedings and services, and with the ongoing intent that co u1i operations and proceedings shall remain in Phase 2, upon having already met a ll Phase 2 benchmarks as required by the Florida Supreme CoUti. • 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 petforming during Phase l: • 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 co urt proceedings involving in-custody defendants, the in- cu stody defendants shall appear remotely utilizing communication equipment. • No one sha ll be permitted to accompany persons who are otherwise allowed in the courthouse, and there shall be no loiterin g. • At a minimum, and in accordance with CDC guidelines, all persons entering any publ ic area of the courthouse, without exception, shall wear a face mask or appropriate face covering and all efforts sha ll be made to ensure six-feet of social di stancing between a ll persons (with the exception of persons with children or with in a s in gle fami ly unit). • Any person, r egardless of status, who is exhibiting symptoms consistent with COVJD-19, or any person w ho has traveled or has know ingly been in contact with another person who is s uffering from the effects of th e COVID-19 virus, is prohibited from entering any courthouse. • (The requirements and procedures for soc ial distancing and face masks under Phase 2 applicable to in-person cou11 proceedings shall apply equa ll y to Phase 1 throughout the entire courthouse, both public and private areas.) • All of the above- li sted non-essential or non-critical court proceedings shall proceed and sha ll be held to the fullest extent possible. • 3. ln accordance w ith the directive of the Florida Supr eme Court, each of the above- li sted non-essential or non-critical proceedings shall be conducted us in g telephonic or other remote electronic means available, unless a judge determines that remote conduct of the proceeding is inconsistent w ith the United States or Florida Constitution, a statute or a rule of court that has not been suspended by admi ni strative order, or wou ld be infeasible because the court, the c lerk or other partic ipant in a proceeding la cks the technological resources necessary to conduct the proceedings, or, for reasons directly related to the state of emergency or the public health emergency, Jacks the staff resources necessary to conduct the proceedin g. • The above- li sted non -e ssential or no n- critical proceedings shall not be conducted through in-person hearings during Phase 1. 7 -- 7 of 22 -- • Improving COVID -1 9 health conditions over a 14-day period in the community. 4 To meet this benchmark, condition a) o rb) below must be met: a) Both of the seven-day averages for new cases for the most rece nt two-week period must be 20 or fewer 5 and both of the fo ll ow ing measures must demonstrate two consecutive weeks of decline or stabi li za ti on 6: 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 fo ll ow in g criteria must be met: • Both of th e seven-day averages for the pos itivity rate fo r the most rece nt two-week period must be less than 10 percent. • If not, then both of th ese averages mu st be le ss than 11. percent and bo th of th e following measures must demonstrate two consecutive weeks of decline or stabilizatio n: a. • As such, it should be pre sumed that each county continues to meet the criteria of benchmark 3, unless, ba sed on the week ly data, the Chief Judge issues a written directive 7 reflecting that a county (or counties) do not meet the cr iteria fo r benchmark 3 for that particular week, with instructions that the county (or counties) are to revert back to Phase I o r, a lt ernatively, are to fo ll ow specific modifications to the Operational Plan as may be outlined in the written directive. 4 . • Judge of the Twentieth Jud icial 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 Administra ti ve Order and • COVID- l 9 symptoms are required to not ify the C hi ef Judge and are expected to e ither arrange for a COVID-19 test or to self-isolate for at least 10 da ys. • Employees, stakeho ld ers and/ or agency personnel with wh om they may have been in 13 -- 13 of 22 -- 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 ju dge and the contact tracing info1mation. b) Judicial Assistants and Court Employees exhibiting CO\llD- 19 symptoms - Judic ial 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 -1 9 te st 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 ow n accrued leave while absen t. • Employees, stakeholders and/ or agency personnel with whom they may have been in direct contact (per CDC, "c lose 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 federa l 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 d oc k et coverage needs while they are iso lated. • HR Depa1tment and are required to se lf-isolate for at least 10 days. • The availability of Emerge n cy Paid Si ck 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 supervi so r, whichever is applicable, if they have had close contact with someone who has tested positive for • If a Judge, Judicial Assistant or empl oyee d oes not want to get tested, they will be required to self- isolate at h ome for at least 10 days, and Judicial • See below sec ti on e) of this Human Resources Policy. 3) Judges, Judicial Assistants, and court employees who li ve with a household member who meets at least one of the above criteria are required to se l f- iso late at home for at least 10 days, unless the hou seho ld member is awaiting pending test results and tho se results come back negative, after w hi ch the Ju dge, Ju dicial Assistant or court emp l oyee can return to work if no sy mptoms are or were ever exhibited by that Judge, Judic ial 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) orb) of this Human • Judicial Assistant or a court employee does not want to get tested, they will be required to self-isolate at h ome for at least 10 days, and Judicial Assistants and court employees will need to utili ze their own accrued leave while absent. • In Phase 2, social distancing guidelines shall be s trictly enforced on ly during in-person court proceedings, which incl ud e the assembly of prospective juro rs, voir d ire, juror deliberations, and any status conference, hearing, trial, or ot her 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 Coutts of th e Twentieth • Hygiene Protocols and Personal Protective Equipment CPPE) a) Hygiene protocols such as hand v.rashing and covering coughs and sneezes wi ll be encouraged. b) Visible signage in, at a minimum, Eng li sh and Spanish and in co mpliance with the ADA , will be readi ly 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 cou1trooms. 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 a nd fit snugl y around the nose, chin, and sides of the face. • If such a poli cy is adopted, it sha ll 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 app ropriate face covering, one will be provided to them at no cost, for as long as supplies last. • Admittance will li kewise be denied to any person who refuses to wear a face mask during in -person cou1t proceedings. g) A face shield or ot her face coveri ng 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 coU1thouses, though · · ed ti · k · · d · h ~'1 mo c 1t 1s encourag or certain ta s s requmng trect contact, sue ~<;; o as bailiffs taking fingerprints of a defendant. ~CJ, 0 18 ~ ....,...,.._,.,_., -- 18 of 22 -- i) CDC gu idance on cleaning and dis in fecting 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 hea rin g in a manner so as to provide the maximum available safety precautions a nd soc ial di stancing, for example, providing a special set hearing, el iminating all oth er persons from the ga ll ery of the co urtroom, or providing a hybrid-type of accommodation. 19 -- 19 of 22 -- • Cleaning a nd Disinfecting a) The Administrative Office of the Coutts shall maintain a supply of hand sanitizer and disinfecting wipes and shal l make them available to employees and throughout the courthouses, including courtrooms. b) Each county of the Twe ntieth 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.
Judge Bell caps motions and responses at 5 pages for UMC hearings and 12 pages for special-set hearings.
Judge Alijewicz requires every motion for attorney's fees and/or costs to attach a document detailing time records — no records, no fee award.
Judge Corlew bars informal contact: every communication with the Court must be in writing, filed with the Clerk, with copies furnished to all parties — and no calls to the JA to schedule or cancel UMC.