Loading…
27 verbatim requirements from administrative order 2018-07-04 - Amended Administrative Order Governing the Adult Drug Court Programs.
9th Judicial Circuit. Procedural information only; not legal advice.
Verbatim from https://ninthcircuit.org/sites/default/files/AO2018-07-04.pdf, harvested 2026-07-25; whitespace normalised only. • If the state attorney believes that the facts and circumstances of the case suggest the defendant’s involvement in the dealing and selling of controlled substances, the court shall hold a preadmission hearing. • If the state attorney establishes, by a preponderance of the evidence at such hearing, that the defendant was involved in the dealing or selling of controlled substances, the court shall deny the defendant’s admission into a pretrial intervention program, 948.08(6)(a)2, Florida Statutes. • As part of the referral, the referring person/agency shall initiate the issuance of a Drug • Court Referral Form (hereinafter referred to as “Referral Form”) and shall submit the Referral Form to the Drug Court Office for screening and assessment. • Screening and assessment shall include a determination of eligibility of the offense, eligibility of the defendant’s sentencing score (if applicable), and severity of substance abuse problem. e. • If the Drug Court Office approves the Referral Form, the Drug Court Office shall forward the Referral Form to the Treatment Provider for assessment of suitability of the defendant for participation in Drug Court if required by the Program. f. • Upon receipt of the Referral Form, the State Attorney’s Office shall determine whether or not the defendant is eligible, shall indicate this information on the Referral Form, and shall forward the Referral Form back to the Drug Court Office. • The defendant’s progress as to the treatment and random urinalysis testing shall be reported to the Problem Solving Court Judge prior to the defendant being ordered into Drug Court. h. • At the Drug Court Contract Signing, if the defendant elects to participate in Drug Court and was approved for a post-adjudicatory track, the defendant shall enter a plea to the charges and shall sign the Drug Court Agreement. • If the Problem Solving Court Judge agrees that Drug Court is appropriate for the defendant, he/she shall sentence the defendant to a term of no less than two years of probation on a felony case, or an appropriate term on a misdemeanor case, with a special condition of “the successful completion of Drug Court according to the terms of the Drug Court Agreement.” All other standard and any other special conditions as needed shall be imposed. -- 3 of 6 -- • At the Drug Court Contract Signing if the defendant elects to participate in Drug Court and was approved for the diversion track by the State Attorney, the defendant shall sign the Drug Court • Problem Solving Court Judge determines that the defendant is not appropriate for Drug Court, then the case shall be returned to the original trial subdivision. k. • A copy of the completed Referral Form shall be forwarded by the Drug Court Office, to the assigned trial judge, to defense counsel, and to the State Attorney’s Office. m. • Post-plea defendants shall be supervised by the Florida Department of Corrections, • Case management shall be provided by the Treatment Provider or Program staff. o. • Should a post-plea defendant be ejected from Drug Court as a result of a program violation, the Florida Department of Corrections or Orange or Osceola County Probation shall initiate an affidavit of violation of probation and shall submit the affidavit to the Problem Solving Court Judge. • Nothing herein shall prohibit the Florida Department of Corrections from filing a violation of probation for any failure of the defendant to comply with conditions of probation. • Judge determines that there is a legal basis to do so, he/she shall issue a warrant for violation of probation. • Upon arrest on the violation of probation warrant, the Problem Solving Court Judge shall resolve the violation of probation proceeding via a plea or hearing and impose a sentence if appropriate. -- 4 of 6 -- • Should a post-plea defendant successfully complete Drug Court and comply with all other special and standard conditions of probation (including restitution) the Court shall give due consideration to the early termination of probation. r. • Should a diversion defendant successfully complete Drug Court, the State Attorney shall file a nolle prosequi. • Defendants participating in the Orange County Adult Drug Court Program shall pay a fee of $900.00 dollars to the Orange County Drug Court Program. • The Orange County Clerk of Court shall retain $15.00 from each $900.00 fee for processing costs. • Clerk of Court, shall be remitted by the Orange County Clerk to the Orange County Drug Abuse Trust • Defendants participating in the Osceola County Adult Drug Court Program shall pay a fee of $900.00 to the Osceola County Drug Court Program. • The Osceola Clerk of Court shall retain $15.00 as an administrative fee from each $900.00 program fee collected. • The remainder of these fees shall be remitted by the Osceola County Clerk of
If the state attorney believes that the facts and circumstances of the case suggest the defendant’s involvement in the dealing and selling of controlled substances, the court shall hold a preadmission hearing.
Reviewer note: Order PDF sha256: 78fd26afddbad5ca8610b27acd3a9a5aad8504ab055fb990c5417c914649e80c. 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.