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15 verbatim requirements from Fourth Circuit administrative order 2009-04.
Fourth Judicial Circuit (Duval). Procedural information only; not legal advice.
Verbatim from Fourth Circuit administrative order 2009-04 as published by the Duval County Clerk, harvested 2026-07-25; whitespace normalised only. • WHEREAS, Administrative Order 86-20, which was entered 0n July 10, 1986, must be updated t0 expand the list of individuals qualiHed pursuant t0 § 744.33 l (3)(a), Florida Statutes, who are currently available in this County t0 serve as members of the Examining Committee; • WHEREAS, § 744.33 l (3 )(a), Florida Statutes requires that such examining committee must consist of three members, one of which must be a psychiatrist 0r other physician, while the "remaining members must be either a psychologist, gerontologist, another psychiatrist, or other physician, a registered nurse, nurse practitioner, licensed social worker, a person with an advanced degree in gerontology from an accredited institution of higher education, or other person who by knowledge, skill, experience, training, or education may, in the courts discretion, advise the court in the form of an expert opinion;" • WHEREAS, § 744.33 l(3)(a), Florida Statutes requires that "[o]ne of three members ofthe committee must have knowledge of the type of incapacity alleged in the petition." • Administrative Order 89-20, entered on June 20, 1997. 3) That upon the filing of a Petition to Determine Incapacity, the Court shall appoint an examining committee from the following list, which shall consist of all individuals available to serve on the Examining Committee for Nassau County, Florida, in accordance with Florida Statutes § 744.331 : • OR BK 14926 PAGE 1349 4) That the members of the Examining Committee shall be awarded the following compensation for appointment as payment for services rendered and for any and all reports prepared and filed with the Court in each case, after the date of this Order: a) fees in the amount of $250.00 per case, paid to each psychiatrist, physician and psychologist serving on the Examining Committee; and b) fees in the amount of $175.00 per case, paid to each of the other individuals serving on the Examining Committee. 5) That each member of the Examining Committee shall independently sign and file a separate comprehensive, written report with the Court as required by Florida Statute § 744.331(3)(t); 6) That in cases where the ward has been determined not to be indigent and the Examining • Committee finds the ward is not incapacitated, the case will be dismissed and the Court shall order the Petitioner to pay the court costs, Examining Committee’s fees, and such other fees and costs as the Court deems appropriate, regardless of whether the Petition to Determine Incapacity had been tiled in bad faith. • Committee shall be paid in full by the Guardian from the property of the ward within ten (10) days from the date that the Guardian is appointed. 9) That neither the Guardian nor the Guardian’s attorney may be awarded fees for services provided unless and until payment in full is made to the Examining Committee as well as to the ward’s attorney. 3 -- 3 of 5 -- • OR BK 14926 PAGE 1350 10) That unless and until payments have been made to the Examining Committee and to the ward’s attorney, the Court shall disapprove the one year accounting and may take any other action as the Court may deem appropriate, including a finding of contempt of court and/or imposing sanctions, attorney’s fees and costs, personally upon the Guardian (which shall not be paid out ofthe ward’s estate). 11) That, pursuant to § 744.365(1), Florida Statutes, a guardian of the property shall file a verified Inventory of the ward’s property for auditing the inventory. • Stat. § 744.365(6). 12) That, pursuant to § 744.3678(1), Florida Statutes, the Guardian ofthe property must file an annual accounting with the Court. • Also, as authorized by § 744.3678(4), Florida Statutes, upon filing the annual financial retum, for the auditing ofthe return, the Guardian shall pay from the ward’s estate to the Clerk of the Circuit Court, a fee based upon the following graduated fee schedule: • (a) for estates with a value of $25,000 or less, the fee shall be $20.00; • (b) for estates with a value of more than $25,000 up to and including $100,000, the fee shall be $85.00; • (c) for estates with a value of more than $100,000 up to and including $500,000, the fee shall be $170.00; and (d) for estates with a value exceeding $500,000, the fee shall be $250.00. • Such fees may be waived and upon petition by the Guardian and a proper showing of insufficient funds in the ward’s estate, in accordance with § 744.3678(4), Florida Statutes. 13) That when the Court terminates the guardianship, the Guardian shall promptly file the final report in accordance with Florida Statutes § 744.527 and pay from the ward’s estate a fee to the • OR BK 14926 PAGE 1351 14) That this Administrative Order shall take effect immediately and remain in full force and effect unless and until otherwise ordered by this Court. 15) That this Administrative Order shall be recorded by the Clerk of the Court, in the
WHEREAS, Administrative Order 86-20, which was entered 0n July 10, 1986, must be updated t0 expand the list of individuals qualiHed pursuant t0 § 744.33 l (3)(a), Florida Statutes, who are currently available in this County t0 serve as members of the Examining Committee;
Reviewer note: Order PDF sha256: 2f16420eff4e6022d409b9f041265d30174c037745daa86c6d34cd10411cff77. Extracted from the order's own text layer. Identity confirmed by the document's /Title.
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.