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4 verbatim requirements from administrative order 07-96-16-02 - Amended Order Governing The Assignment Of Judges To Hear Postconviction And Post-Sentencing Motions In Felony Cases.
9th Judicial Circuit. Procedural information only; not legal advice.
• Unless otherwise directed by the Florida Supreme Court, in any case in which the defendant has been sentenced to death, the judge who presided over the original proceeding shall be assigned to hear any type of postconviction or collateral relief proceeding brought by the defendant, provided that the judge is active or otherwise available to serve. • If the judge who presided over the original proceeding is no longer active or otherwise available to serve, such proceedings shall be assigned to the judge then presiding over the subdivision where the case is assigned. • That judge shall continue to hear all subsequent proceedings for as long as that judge is active or otherwise available to serve, in keeping with the Florida Supreme Court’s intent of judicial efficiency and continuity. • Any postconviction or post-sentencing motions including motions requesting a reduction or mitigation of a felony county jail or Department of Corrections sentence, motions requesting a reduction or mitigation by way of reduction of a straight sentence, or a legal split sentence, motions to correct illegal sentences, motions to reduce jail time as a condition of probation and motions to correct credit for time served shall be heard by the presiding judge in the subdivision to which the case is assigned.
Unless otherwise directed by the Florida Supreme Court, in any case in which the defendant has been sentenced to death, the judge who presided over the original proceeding shall be assigned to hear any type of postconviction or collateral relief proceeding brought by the defendant, provided that the judge is active or otherwise available to serve.
Reviewer note: Order PDF sha256: 4c1cd08e37cc3720fa0f2a45ef4e425d6961987db38f23cbe4c310817813450e. Extracted from the order's own text layer. Text layer cleaned 2026-09-08 (Phase 3a): page markers removed; wording untouched. Verbatim from https://ninthcircuit.org/sites/default/files/07-96-16-02%20governing%20judge%20assignments%20to%20postconviction%20cases.pdf, harvested 2026-07-25; whitespace normalised only. [moved from the text 2026-09-14]
9 verbatim requirements from 4th Circuit Administrative Order 1997-10.
6 verbatim requirements from 4th Circuit Administrative Order 1997-13.