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21 verbatim requirements from 5th Jud. Cir., A-2014-28 — sha256-hashed 2026-07-25.
Fifth Judicial Circuit (Citrus, Hernando, Lake, Marion, Sumter). Procedural information only; not legal advice.
Verbatim from https://www.circuit5.org/wp-content/uploads/2017/10/a2014-28.pdf, harvested 2026-07-25; whitespace normalised only. • Each expert appointed in Paragraph 1. above, shall examine the Defendant in accordance with the provisions of Rules 3.210, and 3.211 of the Florida Rules of Criminal Procedure and report relative to the following issues: a) Whether the Defendant is competent to proceed for the purpose indicated above, pursuant to the criteria set forth in section 916.12 Florida Statutes and Rules 3.210, and 3.211 of the • In considering the issue of the Defendant's competence to proceed , said experts shall consider and include in their report the following factors and any others deemed relevant by the experts: -- 2 of 9 -- • (6) Testify relevantly; and (7) Any other factors deemed relevant by the expert; b) If the expert finds the Defendant is incompetent to proceed, then the expert shall report on any recommended treatment for the Defendant to attain competence to proceed. • In considering the issues relating to treatment , each examining expert shall report on the following factors: • If treatment is available in the community, the expert shall so state in the report; • Any written report submitted by the expert shall contain the following : • (a) The report shall identify the specific matters referred for evaluation; • (b) The report shall describe the evaluative procedures , techniques and tests used in the examination and the purpose or purposes for each; • (c) The report shall describe the expert's clinical observations, findings and opinions on each issue referred for evaluation by the court, and indicate specifically those issues, if any, on which the expert could not give an opinion; and -- 3 of 9 -- (d) The report shall identify the sources of information used by the expert and present the factual basis for the expert's clinical findings and opinions. • The expert appointed above shall submit his or her written report directly to this Court, with copies to the Attorney for the State and the Attorney for the Defendant, on or before the _____________day of____________________,2015. • The Office of the State Courts Administrator shall pay the fees of each expert appointed above upon the submission of a Statement for Payment and in accordance with the terms and amount set forth in Administrative Order A2008-41-A. • However, if any expert appointed herein also evaluates the Defendant for sanity or mitigation purposes, the billing for that purpose shall be separate and sent to the requesting party, and not to the Office of the State Courts • The Agency shall select a psychologist who is licensed or authorized by law to practice in this state, with experience in evaluating persons suspected of having intellectual disability or autism, and a social service professional, with experience in working with persons with intellectual disability or autism to examine and evaluate the defendant to determine if the defendant meets the definition of intellectual disability found in s.916.106(13), Fla. • Persons with Disabilities shall consider and include in the report the following factors and any others deemed relevant by the Agency for Persons with Disabilities concerning the defendant's capacity to: [1] Appreciate the charges or allegations against him; [2] Appreciate the range and nature of possible penalties, If applicable, which may be imposed in the proceedings against him; [3] Understand the adversary nature of the legal process; [4] Disclose to his attorney facts pertinent to the proceedings at issue; [5] Manifest appropriate courtroom behavior; and [6] Testify relevantly. • Persons with Disabilities shall report on any recommended training for the defendant to attain competence to proceed. • In considering the issues relating to training for the defendant to attain competence to proceed, the examining experts used by the Agency for Persons with Disabilities shall report on the • If training is available in the community, the Agency for Persons with Disabilities shall so state in the report; and [4] The likelihood of the defendant attaining competence under the training recommended, an assessment of the probable duration of the training required to restore competence, and the probability that the defendant will attain competence to proceed in the foreseeable future. • If the Agency for Persons with Disabilities should find the defendant is incompetent to proceed, the Agency for Persons with Disabilities shall report on whether the defendant is intellectually disabled or autistic and because of the intellectual disability or autism: [1] Whether the defendant is manifestly incapable of surviving with the help of willing and responsible family or friends, and without training the defendant is likely to suffer from neglect or refuse to care for self, and such neglect or refusal poses a real threat of substantial harm to the defendant's well-being; [2] Whether there is a substantial likelihood that in the near future the defendant will inflict serious bodily harm on self or others, as evidenced by recent behavior causing, attempting, or threatening such harm; and [3] Whether the defendant requires a secure placement due to the defendant's risk to escape from a facility and whether there are available less-restrictive alternatives, including training in community residential facilities or other community settings, which might offer an opportunity for improvement of the defendant's condition which have been judged to be inappropriate. • Any written report submitted by the Agency for Persons with Disabilities shall: [1] Identify the specific matters referred for evaluation. [2] Describe the evaluative procedures, techniques and tests used in the examination and the purpose or purposes for each. [3] State the expert's clinical observations, findings and opinions on each issue referred for evaluation by the court, and indicate specifically those issues, if any, on which the expert could not give an opinion. [4] Identify the sources of information used by the expert and present the factual basis for the expert's clinical findings and opinions. • Experts appointed by the court to evaluate the mental condition of this defendant in accordance with the terms of this Order shall be allowed reasonable fees for services rendered as evaluators and/or witnesses, which shall be paid by Court • The appointees identified under paragraph 1 of this Order shall submit their written reports directly to this Court with copies to the Attorney for the State and the Attorney for the Defendant on or before the____________ day of __________, 201______.
Each expert appointed in Paragraph 1. above, shall examine the Defendant in accordance with the provisions of Rules 3.210, and 3.211 of the Florida Rules of Criminal Procedure and report relative to the following issues: a) Whether the Defendant is competent to proceed for the purpose indicated above, pursuant to the criteria set forth in section 916.12 Florida Statutes and Rules 3.210, and 3.211 of the
Reviewer note: PDF sha256: 7785c877a7d2522deeae3053b63230b833aada7fb43955d026a6031467b4bf6e. Extracted from the document'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.