Administrative Order – Emergency Court Procedures – COVID19

IN THE CIRCUIT COURT OF FLORIDA, SEVENTH JUDICIAL CIRCUIT IN AND FOR FLAGLER, PUTNAM, ST. JOHNS AND VOLUSIA COUNTIES

RE: Emergency Court Procedures (COVID-19)
REF: Z-2020-030

WHEREAS, our nation, and the State of Florida has been beset by a pandemic as a result of the COVID-19 virus, and

WHEREAS, the Governor of Florida, through Executive Order 20-52, has declared a state of emergency in the State of Florida, and

WHEREAS, the Florida Supreme Court, through Administrative Orders AO SC 20-12 and AO 20- . 13, has urged the need to take necessary precautions, and adopt procedures to mitigate the spread of the COVID-19 virus, and

WHEREAS, the courts must provide a level of functionality in satisfying mission critical functions, while at the same time heeding the advice of health officials, and

WHEREAS, protecting the health and well-being of the public, court staff, and judges is of paramount concern;

NOW THEREFORE, I, RAUL A. ZAMBRANO, Chief Judge of the Seventh Judicial Circuit of Florida, by virtue of the authority vested in me by Article V, Section 2 of the Florida Constitution, and the Administrative Orders of the Florida Supreme Court, hereby ORDER as follows:

1. From March 18, 2020 at 5:00 p.m. EDT until April 6, 2020 at 8:00 a.m. EDT, court proceedings will be limited to those deemed “mission critical” as defined below:
   1. a) First appearances;
   2. b) Bond hearings;
   3. c) Juvenile detention hearings;
   4. d) Juvenile shelter hearings;
   5. e) Domestic violence, repeat violence, sexual violence, dating violence and stalking injunctions, as well as all chapter 39 injunctions;
   6. f) Risk protection orders; Marchman Acts;
   7. h) Baker Acts; i) Family law (including juvenile) cases where the imminent safety of children is an issue;
   8. j) Vulnerable Adult injunctions;
   9. k) Emergency incapacity petitions and appointment of guardians:
   10. 1) Proceedings involving requests for “do not resuscitate” orders;
   11. m) Adult Protective Service Act proceedings;
   12. n) Requests for search warrants and arrest warrants;
   13. o) Violations of quarantine or isolation orders;
   14. p) Violations of orders to limit travel;
   15. q) Violations of orders to close public or private buildings;
   16. r) Seizure of bodily fluids;
   17. s) Mandatory vaccinations proceedings;
   18. t) Enforcement of curfew orders;
   19. u) Extraordinary writs;
   20. v) Any other “emergency” proceedings or hearings as authorized by the Chief Judge.
2. Any person, regardless of status, who is exhibiting symptoms consistent with COVID-19 infection; or any person who has traveled or has knowingly been in contact with another person who is suffering from the effects of the COVID-19 virus, is prohibited from entering any court facility without the express permission of the Chief Judge.
3. Entry to court facilities in which “mission critical” hearings are conducted will be limited to the media, attorneys, litigants, witnesses, essential personnel necessary to conduct the critical mission of the court (as defined in this order), and any court partner and their employees who are physically located within the building.
4. First Appearances/Bond Hearings:
   1. a) Volusia County: All first appearances and bond hearings will take place “in-person” at the Volusia County Branch Jail and will commence at 8:30 am.
   2. b) Flagler County: All first appearances and bond hearings will take place by electronic means and will commence at 8:30 am.
   3. c) Putnam County: All first appearances and bond hearings will take place by electronic means and will commence at 8:30 am.
   4. d) St. Johns County: All first appearances and bond hearings will take place by electronic means and will commence at 8:30 am.
5. Juvenile Shelter Hearings: All Volusia and Flagler County juvenile shelter hearings will take place “in person” at the Volusia County Branch Jail at 8:30 a.m. All shelters for Putnam County and St. Johns County will take place “in-person” at times and locations designated by the Administrative Judge of each county.
6. Juvenile Detention Hearings: All juvenile detention hearings will take place “in-person” at the Volusia County Branch Jail at 8:30 a.m.
7. Family Law Injunctions: All domestic violence, repeat violence, sexual violence, dating violence, stalking, and Chapter 39 injunction hearings in Volusia County will take place “in-person” or by telephonic means designated by the presiding judges in courtrooms equipped with digital recording at the Volusia County Courthouse in DeLand. Injunction hearings in Flagler, Putnam and St. Johns Counties will take place “in-person” or by telephonic means at times and locations designated by the Administrative Judge of each county in courtrooms equipped with digital recording.
8. Risk Protection Orders (RPOs): All RPO hearings in Volusia County will take place “in-person” or by telephonic means at times designated by the presiding judges in rooms equipped with digital recording at the Volusia County Courthouse, DeLand, Florida. All RPO hearings in Flagler, Putnam and St. Johns Counties will take place “in-person” or by telephonic means at times and locations designated by the Administrative Judge of each county in rooms equipped with digital recording.
9. Marchman Acts: All Marchman Act hearings in Volusia County will take place “in-person” or by telephonic means at times designated by the presiding judges in rooms equipped with digital recording at the Volusia County Courthouse in DeLand, Florida. Marchman Act hearings in Flagler, Putnam and St. Johns Counties will take place “in-person” or by telephonic means at times and locations designated by the Administrative Judge of each county in rooms equipped with digital recording.
10. Baker Acts: Baker Act hearings in Volusia County will take place “in-person” at 8:30 am in the designated room within Halifax Medical Center. All Putnam and St. Johns County Baker Act hearings will take place “in-person” at times determined by the presiding judges in the designated room within Flagler Hospital in St. Augustine. All Flagler County Baker Acts will take place “in-person” at a time and location designated by the Administrative Judge in a room equipped with digital recording.
11. Family / Dependency emergencies where imminent harm to a child is at issue: Volusia County emergencies will be considered/heard at the Volusia County Courthouse in DeLand, Florida. Flagler, Putnam and St. Johns County emergencies will be considered/heard at locations designated by the Administrative Judge of each county.
12. Probate/Guradianship: Volusia County vulnerable adult injunctions, emergency incapacity petitions and appointment of guardians, requests for “do not resuscitate” proceedings, and Adult Protective Service Acts will be considered/heard at the Volusia County Courthouse, in DeLand, Florida, in rooms equipped with digital recording. Such proceedings in Flagler, Putnam and St. Johns Counties will be considered/heard at locations designated by the Administrative Judge of each county in rooms equipped with digital recording.
13. Warrants: All requests for search warrants and arrest warrants will be considered/heard by the on-call judge for each respective county.
14. Civil: Volusia County extraordinary writs, enforcement of curfew orders, mandatory vaccination proceedings, seizure of bodily fluids, violations of orders to close public and private buildings, violations of orders limiting travel, and violations of quarantine or isolation orders will be considered/heard at the Volusia County Courthouse in DeLand, Florida, or at a location designated by the Department of Health. These proceedings in Flagler, Putnam and St. Johns Counties will be considered/heard at locations designated by the Administrative Judge of each county, or the Department of Health.
15. Any judge, who in his/her good judgment feels the need to conduct a hearing outside the parameters of this Order must request permission to do so from the Chief Judge.
16. No inmate housed in any jail facility is to be transported to any court facility in the Seventh Judicial Circuit, absent a written order from the Chief Judge or the Administrative Judge of each courthouse. All weekend jail sentences are hereby tolled and held in abeyance until further order of the court.
17. All court proceedings/events not mentioned herein that are scheduled to take place in any court facility in the Seventh Judicial Circuit are hereby postponed and are to be rescheduled by the parties or the court.
18. Except as otherwise provided herein, when available, technological means of communication such as telephone, conference call, or video conference should be used to minimize face-to-face contact among judges, attorneys and litigants.
19. All collateral uses of the courthouse facilities are hereby postponed.
20. The Public Defender’s Office is hereby appointed to represent all persons arrested and appearing at a first appearance, unless he/she affirmatively reject counsel.
21. Probation officers, without input from the court, may alter drug testing schedules of probationers.
22. The S. James Foxman Justice Center and Volusia County Courthouse Annex in Daytona Beach are both closed to the general public. Persons wishing to conduct business with the Clerk of the Court related to the mission-critical functions enumerated in this Order may continue to do so using the exterior public area on the south side of the Volusia County Courthouse in DeLand. The public may also record documents, obtain marriage licenses, pay child support, file injunctions, or pay tickets at the public access area.
    TO BE RECORDED in Flagler, Putnam, St. Johns and Volusia counties.
    DONE AND ORDERED in Daytona Beach, Volusia County, Floride this
    day of March 2020.RAUL A. ZAMBRANO CHIEF JUDGE