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Filing # 155260294 E-Filed 08/12/2022 05:44:08 PM
IN THE COUNTY COURT IN AND FOR OSCEOLA COUNTY, FLORIDA
CASE NO.: 2020 SC 003987 SP
LVNV FUNDING LLC,
Plaintiff,
vs.
JESSICA ANAYA,
Defendant(s).
_____________________________/
MOTION FOR PLAINTIFF AND PLAINITFF’S COUNSEL TO APPEAR BY ZOOM
COMES NOW the Plaintiff LVNV FUNDING LLC, by and through its undersigned Counsel, and hereby
files this, their Motion for Plaintiff and Plaintiff’s Counsel to Appear by Zoom for the Non-Jury Trial and in
support thereof, states as follows:
1. Plaintiff, LVNV FUNDING LLC, filed a lawsuit against Defendant, JESSICA ANAYA, and the Non-
Jury Trial has been set on October 12, 2022 at 1:30 PM EST.
2. As Plaintiff is located in GREENVILLE, a substantial distance from the Osceola County Courthouse, it
would be extremely burdensome for witness to travel to said courthouse to appear for the hearing.
3. Therefore, Plaintiff respectfully requested that both, Plaintiff and Plaintiff’s Counsel, attend the Non-Jury
Trial via ZOOM, pursuant the administrative order specifically section IIA (3), attached hereto as Exhibit
“A”.
4. Plaintiff respectfully submits that Defendant will not be prejudiced should this Court allow Plaintiff to
appear telephonically for the above-scheduled hearing.
WHEREFORE, Plaintiff, LVNV FUNDING LLC, hereby requests this Honorable Court enter an Order
allowing a zoom appearance of Plaintiff at the Non-Jury Trial and such other and further relief as this Court deems
just and proper.
(CERTIFICATE OF SERVICE ON THE FOLLOWING PAGE)
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via regular U.S.
Mail to Defendant, JESSICA ANAYA, at 2425 Timothy Ln, Kissimmee, FL 34743.
8/11/2022
Dated: _______________, 20___
Respectfully submitted,
ANDREU PALMA
ANDREU, PALMA, LAVIN & SOLIS
SOLIS, PLLC
887 Donald Ross Road
Juno Beach FL 33408
Tel: (877) 229-5972
Fax: (800) 391-2178
Document service e-mail:
eservice@andreupalma.com
2001003041
THIS IS A COMMUNICATION FROM A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECT
A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
EXHIBIT A
Supreme Court of Florida
No. AOSC21-17
Amendment 1 1
IN RE: COVID-19 HEALTH AND SAFETY PROTOCOLS AND
EMERGENCY OPERATIONAL MEASURES FOR FLORIDA
APPELLATE AND TRIAL COURTS
ADMINISTRATIVE ORDER
As a result of the Coronavirus Disease 2019 (COVID-19)
pandemic, the Secretary of the United States Department of Health
and Human Services renewed the determination that a public
health emergency exists in the United States effective as of July 20,
1. This amended administrative order updates the
introductory paragraphs to delete references to certain declarations
of emergencies in this state that have expired; reflect the latest
status for the declaration of a national public health emergency and
the latest change in health guidance by the CDC; state the purpose
for the amended order; and delete provisions specifying an effective
date and terminating certain administrative orders, which are now
obsolete due to the passage of time. This amended administrative
order also deletes provisions that are now obsolete due to the
passage of time in Sections I.A. and II.; modifies the health and
safety protocols in Section I.B. and expands their application to a
courthouse, rather than during an in-person court proceeding only;
creates an exception to these protocols in Section I.C.; and modifies
provisions governing the conduct of Baker Act and Marchman Act
hearings and other trial court proceedings in Sections II.E.(2) and
(4).
2021. Further, due to increasing new COVID-19 variant cases
throughout the nation, the Centers for Disease Control and
Prevention (CDC) revised its health guidance for vaccinated and
unvaccinated persons on July 27, 2021.
To mitigate the effects of the public health emergency upon the
judicial branch and its participants during and after the emergency,
I have issued administrative orders implementing temporary
measures essential to the administration of justice to address the
pandemic and to keep the courts operating to the fullest extent
consistent with public safety. 2 In order to address the most recent
2. In re: COVID-19 Emergency Procedures in the Florida State
Courts, Fla. Admin. Order No. AOSC20-13 (March 13, 2020); In re:
COVID-19 Essential and Critical Trial Court Proceedings, Fla. Admin.
Order No. AOSC20-15 (March 17, 2020); In re: COVID-19 Emergency
Procedures for the Administering of Oaths via Remote Audio-Video
Communication Equipment, Fla. Admin. Order No. AOSC20-16
(March 18, 2020); In re: COVID-19 Emergency Measures in the
Florida State Courts, Fla. Admin. Order No. AOSC20-17 (March 24,
2020); In re: COVID-19 Emergency Procedures in Relation to
Visitation for Children Under the Protective Supervision of the
Department of Children and Families, Fla. Admin. Order No.
AOSC20-18 (March 27, 2020); In re: COVID-19 Emergency
Procedures for Speedy Trial in Noncriminal Traffic Infraction Court
Proceedings, Fla. Admin Order No. AOSC20-19 (March 30, 2020); In
re: Comprehensive COVID-19 Emergency Measures for the Florida
State Courts, Fla. Admin. Order No. AOSC20-23 (April 6, 2020) and
as amended thereafter; In re: COVID-19 Public Health and Safety
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developments and continue to mitigate the effects of the public
health emergency on the judicial branch and its participants during
and after the emergency, this amended order is issued to modify
and extend previously enacted temporary health and safety
protocols and emergency operational measures. These protocols
and measures shall remain in effect until amended or terminated by
subsequent order.
Under the administrative authority conferred upon me by
article V, section 2(b) of the Florida Constitution, by Florida Rules of
General Practice and Judicial Administration 2.205(a)(2)(B)(iv) and
2.205(a)(2)(B)(v), and by Rule Regulating The Florida Bar 1-12.1(j),
IT IS ORDERED that:
I. HEALTH AND SAFETY PROTOCOLS
A. Implementation. The health and safety protocols under
Section I.B. or I.C. must be implemented by all courts by August 2,
2021. Each court must continue operating pursuant to its Phase 2
Precautions for Phase 2, Fla. Admin. Order No. AOSC20-32 (May 21,
2020) and as amended thereafter; and In re: Comprehensive COVID-
19 Emergency Measures for Florida Appellate Courts, Fla. Admin.
Order No. AOSC20-109 (Nov. 23, 2020) and as amended thereafter.
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operational plan, established under Fla. Admin. Order No. AOSC20-
32, Amendment 8, until such implementation occurs.
B. Protocols.3 Unless required by federal, state, or local laws,
rules, or regulations or unless authorized by Section I.C., a court
may not require the wearing of face masks 4 or physical distancing
in a courthouse; 5 however, a person in a courthouse may choose to
wear a face mask. Further, during an in-person court proceeding: 6
(1) A face mask must be provided upon request to a
participant or observer. The Chief Justice or a chief judge may
3. In the case of a multi-use facility or building, the protocols
in Sections I.B. and I.C. are not intended to govern activities inside
of the separate offices of other constitutional officers.
4. As used in this order, the term “face mask” refers to face
masks that completely cover the nose and mouth and that fit snugly
around the nose, chin, and sides of the face as described by the
CDC. See Your Guide to Masks, CDC (June 29, 2021).
5. As used in this order, the term “courthouse” means any
portion of a facility or building that houses jury assembly rooms,
courtrooms, hearing rooms, judicial officers, or court staff or areas
where court business is conducted, whether or not that facility or
building is formally called a courthouse.
6. As used in this order, the term “in-person court
proceeding” means the assembly of prospective jurors, voir dire,
juror deliberations, and any status conference, hearing, trial, or
other proceeding conducted by a justice, judge, magistrate, or
hearing officer if conducted in person and other court events
conducted in person as may be determined by the Chief Justice or
chief judge.
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adopt a policy addressing the use of face masks with clear plastic
panels during in-person court proceedings. If adopted, the policy
must apply consistently across all in-person court proceedings in
the same courthouse.
(2) Participants may request to be physically distanced. The
court will address such requests as appropriate under the
circumstances at the time of the request.
C. Exception.
(1) If warranted by local health conditions, the Chief Justice
or a chief judge may require either or both of the following health
and safety protocols:
a. The wearing of face masks by all persons in a courthouse
or in any portion thereof. As determined by the Chief Justice or a
chief judge, such requirement may apply at all times or during
certain periods only.
b. Physical distancing during an in-person court proceeding.
(2) Notice of a protocol required under Section I.C.(1) must be
prominently displayed on the court’s website. When local health
conditions no longer warrant either or both of the requirements, the
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court must return to implementation of the applicable protocol
under Section I.B.
II. EMERGENCY OPERATIONAL MEASURES
The following provisions govern remote and in-person conduct
of appellate and trial court proceedings, as applicable. All in-person
court proceedings must be conducted in a manner consistent with
Section I.
A. Use of Technology.
(1) The presiding judge in all cases must consider the
constitutional rights of crime victims and criminal defendants and
the public’s constitutional right of access to the courts. 7
(2) To maximize the availability of facility space for trial court
proceedings that must be conducted in person, each chief judge of a
judicial circuit should take all necessary steps to support the
remote conduct of other trial court proceedings with the use of
technology, in accordance with this administrative order and other
7. Similar measures initially went into effect in Fla. Admin.
Order No. AOSC20-17 on March 24, 2020, and were subsequently
also addressed in Fla. Admin. Order No. AOSC20-23 and Fla.
Admin. Order No. AOSC20-109.
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applicable standards and guidance as may be adopted by the Chief
Justice or supreme court. 8
(3) Participants who have the capability of participating by
electronic means in remote appellate or trial court proceedings
must do so. 9 For purposes of this administrative order, “remote
conduct,” “remotely conduct,” or “conducted remotely” means the
conduct, in part or in whole, of a court proceeding using telephonic
or other electronic means.10
(4) All rules of procedure, court orders, and opinions
applicable to court proceedings that limit or prohibit the use of
communication equipment for the remote conduct of proceedings
shall remain suspended.11
8. Id.
9. This measure initially went into effect in Fla. Admin. Order
No. AOSC20-23, Amendment 2, on May 21, 2020, and was
subsequently also addressed in Fla. Admin. Order No. AOSC20-
109.
10. This measure initially went into effect in Fla. Admin.
Order No. AOSC 20-23, Amendment 4, on June 16, 2020, and was
subsequently also addressed in Fla. Admin. Order No. AOSC20-
109.
11. This measure initially went into effect in Fla. Admin. Order
No. AOSC 20-13 at the close of business on March 13, 2020, and
was subsequently also addressed in Fla. Admin. Order No. AOSC
20-17, Fla. Admin. Order No. AOSC20-23, and Fla. Admin. Order
No. AOSC20-109.
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(5) The Chief Justice and chief judges remain authorized to
establish procedures for the use, to the maximum extent feasible, of
communication equipment for the remote conduct of proceedings to
facilitate the efficient and expeditious processing of cases. 12
B. Administration of Oaths.
(1) Notaries and other persons qualified to administer an oath
in the State of Florida may swear a witness remotely by audio-video
communication technology from a location within the State of
Florida, provided they can positively identify the witness. 13
(2) If a witness is not located within the State of Florida, a
witness may consent to being put on oath via audio-video
communication technology by a person qualified to administer an
oath in the State of Florida. 14
12. A similar measure initially went into effect in Fla. Admin.
Order No. AOSC 20-13 on Friday, March 13, 2020, and was
subsequently also addressed in Fla. Admin. Order No. AOSC 20-17,
Fla. Admin. Order No. AOSC20-23, and Fla. Admin. Order No.
AOSC20-109.
13. This measure initially went into effect in Fla. Admin.
Order No. AOSC 20-16 on March 18, 2020, and was subsequently
also addressed in Fla. Admin. Order No. AOSC 20-17 and in Fla.
Admin. Order No. AOSC20-23.
14. Id.
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(3) All rules of procedure, court orders, and opinions
applicable to remote testimony, depositions, and other legal
testimony, including the attestation of family law forms, that can be
read to limit or prohibit the use of audio-video communication
technology to administer oaths remotely or to witness the
attestation of family law forms shall remain suspended. 15
(4) Notaries and other persons qualified to administer an oath
in the State of Florida may swear in new attorneys to The Florida
Bar remotely by audio-video communication technology from a
location within the State of Florida, provided they can positively
identify the new attorney. 16
(5) For purposes of the provisions regarding the administering
of oaths, the term “positively identify” means that the notary or
other qualified person can both see and hear the witness or new
attorney via audio-video communication technology for purposes of
readily identifying the witness or new attorney. 17
15. Id.
16. This measure initially went into effect in Fla. Admin.
Order No. AOSC 20-23 on April 6, 2020, and was subsequently also
addressed in Fla. Admin. Order No. AOSC20-109.
17. Id.
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C. Law School Practice Programs.18
(1) A supervising attorney in a law school practice program,
under Rule 11-1.2(b) of the Rules Regulating The Florida Bar, may
utilize audio-video communication technology to remotely supervise
the law student in satisfaction of the requirement that the
supervising attorney be physically present. The supervising
attorney and law student must maintain a separate, confidential
communication channel during the proceedings.
(2) In a law school practice program, the requirement in Rule
11-1.2(b) of the Rules Regulating The Florida Bar that an indigent
person and the supervising attorney must consent in writing to
representation by a supervised law student may be satisfied by the
judge receiving the consent verbally under oath.
18. These measures initially went into effect in Fla. Admin.
Order No. AOSC 20-23, Amendment 5, on July 2, 2020, and were
subsequently also addressed in Fla. Admin. Order No. AOSC20-
109.
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D. Appellate Court Proceedings. Oral argument and other
court proceedings and events may be conducted remotely or in
person at the discretion of the Chief Justice or chief judge. 19
E. Trial Court Proceedings. 20
(1) Juror Disqualifications, Excusals, and Postponements. 21
Each chief judge of a judicial circuit may authorize the remote
conduct of a proceeding in which disqualifications or excusals
pursuant to section 40.013, Florida Statutes, or postponements
pursuant to section 40.23, Florida Statutes, may be considered for
persons who are summoned as a pool for possible juror service as
described in section 40.011(5)(b), Florida Statutes.
19. Measures relating to appellate court proceedings initially
went into effect in Fla. Admin. Order No. AOSC20-13 on March 13,
2020, and were subsequently also addressed in Fla. Admin. Order
No. AOSC20-17, Fla. Admin. Order No. AOSC20-23, and Fla.
Admin. Order No. AOSC20-109.
20. Measures relating to trial court proceedings initially went
into effect in Fla. Admin. Order No. AOSC20-13 on March 13, 2020,
and were subsequently also addressed in Fla. Admin. Order No.
AOSC20-15, Fla. Admin. Order No. AOSC20-16, Fla. Admin. Order
No. AOSC20-17, Fla. Admin. Order No. AOSC20-18, Fla. Admin.
Order No. AOSC20-19, and Fla. Admin. Order No. AOSC20-23.
21. This measure initially went into effect in Fla. Admin.
Order No. AOSC20-23, Amendment 8, on November 23, 2020.
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(2) Jury and Other Proceedings. Non-statewide grand jury
selection and proceedings, civil jury selection proceedings and trial
proceedings, and criminal jury selection proceedings and trial
proceedings must be conducted in person, unless a remote civil or
criminal jury selection proceeding or trial proceeding is authorized
under Section II.E.(3).
(3) Remote Civil and Criminal Jury Selection Proceedings and
Trial Proceedings.22
a. A judicial circuit may remotely conduct:
i. Civil jury selection proceedings or trial proceedings if all
parties consent to participating in the remote
proceeding.
ii. Criminal jury selection proceedings or trial proceedings
if:
1. The defendant provides consent in writing and orally
on the record establishing that the defendant has
22. The measure authorizing remote civil jury proceedings
initially went into effect in Fla. Admin. Order No. AOSC20-23,
Amendment 3, on June 8, 2020, and the measure authorizing
remote criminal jury proceedings initially went into effect in Fla.
Admin. Order No. AOSC20-23, Amendment 9, on February 17,
2021.
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knowingly, voluntarily, and intelligently agreed to
the remote conduct of the proceeding;
2. Counsel for the defendant, if the defendant is
represented, indicates orally on the record that they
have discussed the potential advantages and
disadvantages of remote conduct of the proceeding
with the defendant and have concluded that the
defendant has knowingly, voluntarily, and
intelligently agreed to the remote conduct of the
proceeding; and
3. The prosecutor indicates the State’s and, if
applicable, the victim’s positions orally on the record
regarding remote conduct of the proceeding for
purposes of consideration by the presiding judge in
determining whether to remotely conduct the
proceeding.
b. A court proceeding to obtain the statements required to be
provided orally on the record pursuant to Section II.E.(3)a.ii. may be
remotely conducted.
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c. The cases selected for a remote jury proceeding must be
based upon the case being conducive to a remote proceeding and
conducted pursuant to the requirements specified in the report
titled Requirements and Evaluation Criteria – Remote Civil and
Criminal Jury Trials and other applicable standards and guidance
as may be adopted by the Chief Justice or supreme court.
d. Within 30 days after the remote conduct of a jury selection
proceeding or trial proceeding for the first time in a judicial circuit,
the circuit must present the results of the proceeding and report its
findings and recommendations to the Chief Justice through the
state courts administrator.
(4) Other Trial Court Proceedings.23 Trial court proceedings
that are not addressed under Section II.E.(1), (2), or (3) may be
conducted as follows:
a. Non-jury trials in:
i. Criminal cases may be conducted remotely if the
requirements for certain statements specified in Section
23. Similar measures initially went into effect in Fla. Admin.
Order No. AOSC20-23, Amendment 1, on May 4, 2020.
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II.E.(3)a.ii. are satisfied or, if not, must be conducted in
person.
ii. Termination of parental rights and juvenile delinquency
cases may be conducted remotely if ordered by the chief
judge or the presiding judge or, if not, must be
conducted in person.
b. Hearings to determine whether an individual should be
involuntarily committed under the Baker Act or the Marchman Act
may be conducted remotely if ordered by the chief judge or
presiding judge or, if not, must be conducted in person.
c. All other trial court proceedings:
i. Must be conducted remotely if requested by a party
unless the chief judge or presiding judge determines that
the interests of justice require the proceeding to be
conducted in person.
ii. Should be conducted remotely, as appropriate, to
facilitate the efficient and expeditious processing of
cases, except that a proceeding must be conducted in
person if the chief judge or presiding judge determines
that remote conduct of the proceeding is inconsistent
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with the United States or Florida Constitution, a statute,
or a rule of court, a court order, or an opinion that has
not been suspended by administrative order.
(5) In-Person Trial Court Proceedings.24 It is the responsibility
of the chief judge to ensure that trial court proceedings that must
be in person pursuant Section II.E.(2) or (4) are conducted to the
fullest extent feasible consistent with Section I. Chief judges shall
have the discretion to determine how best to utilize available trial
court resources and facility space to conduct in-person proceedings,
but before making such determination should consider the
following priorities listed from highest to lowest:
a. Essential proceedings as previously identified in Section
III.D.(1) of Fla. Admin. Order No. AOSC20-23, Amendment
13.
b. Circuit and county criminal trials with an in-custody
defendant.
c. Circuit trials for juveniles being tried as an adult.
d. Juvenile delinquency trials.
24. Similar measures initially went into effect in Fla. Admin.
Order No. AOSC20-23, Amendment 8, on November 23, 2020.
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e. Circuit and county criminal trials with an out-of-custody
defendant.
f. Termination of parental rights trials.
g. Circuit civil jury trials.
h. County civil jury trials.
i. All other trial court proceedings.
(6) Case Resolution. 25 To maximize the resolution of all cases,
chief judges:
a. Must direct all judges within their circuits to strictly
comply with Florida Rule of General Practice and Judicial
Administration 2.545(a), (b), and (e), which respectively require
judges to conclude litigation as soon as it is reasonably and justly
possible to do so, to take charge of all cases at an early stage and to
control the progress of the case thereafter until it is determined,
and to apply a firm continuance policy allowing continuances only
for good cause shown.
b. Are encouraged, where consistent with public health and
safety, to:
25. Id.
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i. Use non-traditional facilities or underutilized courthouse
space to increase the court’s capacity for in-person
proceedings.
ii. Reassign judges and court staff to proceedings having
the highest priority.
iii. Implement scheduling practices that promote the
conduct of as many jury trials as feasible. Consistent
with Section II.E.(5), the scheduling of trials in criminal
cases should be prioritized to facilitate the prompt
resolution of these cases.
iv. Communicate to the local Bar that lawyers must strictly
comply with Florida Rule of General Practice and Judicial
Administration 2.545(a), which requires lawyers to
conclude litigation as soon as it is reasonably and justly
possible to do so, and that the pandemic alone is not a
basis for a lawyer’s failure to prepare a case for trial or
otherwise actively manage a case.
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(7) Civil Case Management. 26 To maximize the resolution of
civil cases, chief judges were required to have issued an
administrative order applicable to each county within the judicial
circuit, except as provided in Section II.E.(7)b., that took effect on
April 30, 2021, to require the presiding judge for each civil case 27 to
actively manage civil cases in the manner specified below.
26. These measures initially went into effect in Fla. Admin.
Order No. AOSC20-23, Amendment 10, on March 9, 2021.
27. As used in Section II.E.(7), the term "civil case" means
actions to which the Florida Rules of Civil Procedure apply, as
identified in Florida Rule of Civil Procedure 1.010, and actions in
which the court has ordered that the action proceed under one or
more of the Florida Rules of Civil Procedure pursuant to Florida
Small Claims Rule 7.020(c) if the deadline for the trial date specified
in Florida Small Claims Rule 7.090(d) no longer applies in the
action, but does not include actions subject to section 51.011,
Florida Statutes, post-judgment proceedings, and writs to which
Florida Rule of Civil Procedure 1.630 applies. See Florida Rule of
Civil Procedure 1.010 (stating that the Florida Rules of Civil
Procedure “apply to all actions of a civil nature and all special
statutory proceedings in the circuit courts and county courts except
those to which the Florida Probate Rules, the Florida Family Law
Rules of Procedure, or the Small Claims Rules apply.”); Florida
Small Claims Rule 7.020(c) (stating that “In any particular action,
the court may order that action to proceed under 1 or more
additional Florida Rules of Civil Procedure on application of any
party or the stipulation of all parties or on the court's own
motion.”); Florida Small Claims Rule 7.090(d) (providing that the
trial in a small claims action must be set not more than 60 days
from the date of the pretrial conference except as otherwise
specified); Florida Rule of Civil Procedure 1.630 (addressing actions
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a. The administrative order must have:
i. Required review of each civil case to determine whether it
is complex, streamlined, or general.
1. Complex civil cases are actions that have been or may
be designated by court order as complex under Florida
Rule of Civil Procedure 1.201. Upon such designation,
the action must proceed as provided in the rule.
2. Streamlined civil cases must be identified based on
criteria determined by the chief judge and specified in
the administrative order. Criteria that the chief judge
may wish to consider for the identification of
streamlined cases include whether the case involves:
few parties; non-complex issues related to liability and
damages; few anticipated pretrial motions; limited
need for discovery; few witnesses; minimal
for the issuance of writs of mandamus, prohibition, quo warranto,
and habeas corpus); and section 51.011, Florida Statutes (providing
a summary procedure for the resolution of certain actions when
specified by statute or rule).
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documentary evidence; and an anticipated trial length
of less than two days.
3. General civil cases are all other civil cases.
ii. Required the presiding judge to issue a case management
order for each streamlined and general civil case that at a
minimum specifies the deadlines for service of
complaints, service under extensions, and adding new
parties and the deadlines by which: fact and expert
discovery must be completed; all objections to pleadings
and pretrial motions must be resolved; and mediation
must have occurred. The case management order must
also specify the projected date of trial; indicate that the
deadlines established in the order will be strictly enforced
by the court; indicate that a firm trial date will be ordered
by the presiding judge when the case is at issue
pursuant to Florida Rule of Civil Procedure 1.440; and
address any other matters required by the chief judge. If
the streamlined or general civil case is:
1. Subject to dismissal for a lack of prosecution pursuant
to Florida Rule of Civil Procedure 1.420(e), a case
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management order is required only if the court
determines that the action should remain pending and
must be issued within 30 days after such
determination.
2. Subject to a statutory stay or a moratorium preventing
the prosecution of the case, the case management
order must be issued in a case filed:
On or after April 30, 2021, within 45 days after
the stay or the moratorium ends or within 30
days after service of the complaint on the last of
all named defendants, whichever date is later; or
Before April 30, 2021, by December 3, 2021,
within 45 days after the stay or the moratorium
ends, or within 30 days after service of the
complaint on the last of all named defendants,
whichever date is later. The case management
order must address each deadline identified
under Section II.E.(7)a.ii. and the projected date
for trial if such event has not yet occurred in the
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case or has not yet been specified by other court
order.
3. Not subject to a statutory stay or a moratorium, the
case management order must be issued in a case filed:
On or after April 30, 2021, within 30 days after
service of the complaint on the last of all named
defendants; or
Before April 30, 2021, the case management
order must be issued by December 3, 2021. The
case management order must address each
deadline identified under Section II.E.(7)a.ii. and
the projected date for trial if such event has not
yet occurred in the case or has not yet been
specified by other court order.
iii. Established maximum periods within which the
deadlines required by Section II.E.(7)a.ii. and the
projected date of trial must be set in the case
management order. The maximum periods must be
differentiated based on whether the civil case is
streamlined or general and must be consistent with the
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time standards specified in Florida Rule of General
Practice and Judicial Administration 2.250(a)(1)(B) for
the completion of civil cases.
b. If a judicial circuit or county within the judicial circuit was
implementing a written civil case management protocol as of March
9, 2021, that required the entry of a case management order for
each civil case that addressed each deadline identified under
Section II.E.(7)a.ii. and the projected date for trial, the chief judge is
authorized to continue to use the protocol in the judicial circuit or
county instead of issuing the administrative order required by this
section.
c. Each administrative order issued by the chief judge
pursuant to this section and written civil case management protocol
described in Section II.E.(7)b. was required to be submitted to the
chair of the Workgroup on the Improved Resolution of Civil Cases,
as established by In Re: Workgroup on Improved Resolution of Civil
Cases, Fla. Admin. Order No. AOSC19-73 (Oct. 31, 2019), by May
7, 2021. If subsequently amended, the administrative order or
protocol must be submitted to the chair of the workgroup within
seven days after the amendment is issued.
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(8) Speedy Trial in Criminal Court Proceedings.28
a. All time periods involving the speedy trial procedure in
criminal court proceedings remain suspended until the close of
business on:
i. October 4, 2021, for persons who were taken into
custody29 before March 14, 2020. When the suspension
ends and the time periods resume, any time that
accrued under the procedure for a person before the
suspension began at the close of business on March 13,
2020, must be subtracted from the time periods
provided by the procedure. See, e.g., Sullivan v. State,
913 So. 2d 762 (Fla. 5th DCA 2005), and State v.
Hernandez, 617 So. 2d 1103 (Fla. 3rd DCA 1993).
ii. January 3, 2022, for persons who were taken into
custody on or after March 14, 2020.
28. This measure initially went into effect in Fla. Admin.
Order No. AOSC20-13 at the close of business on March 13, 2020,
and was subsequently also addressed in Fla. Admin. Order No.
AOSC20-17 and in Fla. Admin. Order No. AOSC20-23.
29. As used in Section II.E.(8)a., the term “taken into custody”
has the same meaning as provided in Florida Rule of Criminal
Procedure 3.191(d).
- 25 -
b. When the time periods involving the speedy trial procedure
resume under Section II.E.(8)a.:
i. The 10-day time period in Florida Rule of Criminal
Procedure 3.191(p)(3) is increased to 30 days; and
ii. Florida Rule of Criminal Procedure 3.191(l) is modified to
authorize a court to order an extension of the time
periods provided under the rule for the following
exceptional circumstances: general congestion of the
court’s docket, a lack of courtroom space, an
unavailability of jurors, or a personnel shortage for
public defenders, state attorneys, clerks of court, or the
courts.
(9) Speedy Trial in Juvenile Court Proceedings.30 All time
periods involving the speedy trial procedure in juvenile court
proceedings remain suspended until the close of business on
October 4, 2021. When the suspension ends and the time periods
resume, any time that accrued under the procedure for a juvenile
30. This measure initially went into effect in Fla. Admin.
Order No. AOSC20-13 at the close of business on March 13, 2020,
and was subsequently also addressed in Fla. Admin. Order No.
AOSC 20-17 and in Fla. Admin. Order No. AOSC20-23.
- 26 -
before the suspension began at the close of business on March 13,
2020, must be subtracted from the time periods provided by the
procedure. See, e.g., Sullivan v. State, 913 So. 2d 762 (Fla. 5th DCA
2005), and State v. Hernandez, 617 So. 2d 1103 (Fla. 3rd DCA
1993).
(10) Incompetence to Proceed.31 Where exigencies make it
impossible to meet the 20-day time period in Florida Rule of
Criminal Procedure 3.210(b), chief judges of the circuit courts
remain authorized to direct judges to hold competency hearings as
soon as feasible after the date of filing a motion to determine
competency. Chief judges also remain authorized to allow experts
and attorneys to conduct and attend competency evaluations by
remote means, if feasible.
(11) Defendants Arrested on Warrant or Capias from Another
Florida Jurisdiction. 32 To mitigate the health risks associated with
the incarceration and transportation of defendants during the
31. This measure initially went into effect in Fla. Admin.
Order No. AOSC20-17 on March 24, 2020, and was subsequently
also addressed in Fla. Admin. Order No. AOSC20-23.
32. These measures initially took effect in Fla. Admin. Order
No. AOSC20-17 on March 24, 2020, and were subsequently also
addressed in Fla. Admin. Order No. AOSC20-23.
- 27 -
pandemic, when a defendant is arrested on a warrant or capias
from another Florida jurisdiction, chief judges of the circuit courts
remain encouraged to facilitate communication between the circuit
or county where the case originated (“home court”) and the circuit
or county where the defendant is incarcerated (“holding court”), for
the handling of matters on a temporary basis, as follows:
a. Pretrial Release and First Appearance Hearings. Chief
judges remain authorized to direct judges conducting pretrial
release and first appearance hearings to address detention and
monetary bond or other conditions of pretrial release in the county
of arrest, regardless of whether the case is transferred, rather than
requiring transport of the defendant to the county where any
warrant or capias originated.
For capiases and violation of probation warrants, before
setting monetary bond or other conditions of pretrial release, the
first appearance judge, in order to make a proper decision regarding
monetary bond or other conditions of pretrial release, must rely on
relevant information from the following individuals in the county
that issued the capias or warrant: the issuing judge, defense
counsel if any, and the state attorney.
- 28 -
Action taken by the holding court at first appearance and any
pretrial release hearing should be promptly reported to the home
court and reflected in the record of the case.
Any provision of Florida Rule of Criminal Procedure 3.131
inconsistent with these measures remains suspended.
b. Pleas. Judges remain encouraged to coordinate with
prosecutors, attorneys, defendants, and victims in order to utilize
section 910.035, Florida Statutes, which allows for pleas of guilty or
nolo contendere for persons arrested in counties outside of the
county of prosecution, upon the consent of the defendant and the
state attorney in the county where the crime was committed.
c. Rights of Parties. In cases that are not handled by a plea or
pretrial release such that the defendant will continue to be detained
in the jurisdiction of the holding court for an indefinite period of
time, chief judges are directed to ensure that the due process rights
of the defendant are protected by facilitating the temporary transfer
of the case to the holding court, if necessary; by having a judge
from the holding court designated by the Chief Justice, or
designated by the chief judge if the home and holding court are
within the same circuit, as a judge of the home court to handle
- 29 -
emergency or other necessary matters in the case; or by other
appropriate means.
d. Victims. The constitutional rights of crime victims must
also be considered in all cases by the presiding judge.
(12) Speedy Trial in Noncriminal Traffic Infraction Court
Proceedings. 33 The time period involving the speedy trial procedure
in noncriminal traffic infraction court proceedings remains
suspended until the close of business on October 4, 2021. When
the suspension ends and the time period resumes, any time that
accrued under the procedure for a person before the suspension
began at the close of business on March 13, 2020, must be
subtracted from the time period provided by the procedure.
(13) Family Law Forms. 34 Except as indicated below, the
requirement that Florida Family Law Forms be notarized or signed
33. This measure initially went into effect in Fla. Admin.
Order No. AOSC20-19 at the close of business on March 13, 2020,
and was subsequently also addressed in Fla. Admin. Order No.
AOSC20-23.
34. This measure initially took effect in Fla. Admin. Order No.
AOSC 20-17 on March 24, 2020, and was subsequently also
addressed in Fla. Admin. Order No. AOSC20-23.
- 30 -
in the presence of a deputy clerk remains suspended, if the filer
includes the following statement before the filer’s signature:
Under penalties of perjury, I declare that I have read this
document and the facts stated in it are true.
This exception does not apply to Florida Family Law Forms
12.902(f)(1), Marital Settlement Agreement for Dissolution of
Marriage with Dependent or Minor Child(ren), 12.902(f)(2), Marital
Settlement Agreement for Dissolution of Marriage with Property but
No Dependent or Minor Child(ren), 12.902(f)(3), Marital Settlement
Agreement for Simplified Dissolution of Marriage, and any other
family law form that transfers the ownership of property, which
must continue to be notarized or signed in the presence of a deputy
clerk prior to filing.
(14) Objections to In-Person Visitation for Children under the
Protective Supervision of the Florida Department of Children and
Families (DCF). A caregiver for a child subject to the protective
supervision of the DCF may object to the in-person nature of a
visitation on grounds that risks due to COVID-19 will negatively
affect the health or safety of a person participating in the visitation
or of a member of that person’s household. The court must
- 31 -
consider such objection and responses thereto before entering an
order on visitation. This section applies to parent-child visitation,
sibling visitation, and visitation between children and other family
members and non-relatives.
***
Additional orders extending or modifying these measures will
be issued as warranted to mitigate the effects of the public health
emergency on the judicial branch and its participants.
DONE AND ORDERED at Tallahassee, Florida, on July 29,
2021.
AOSC21-17-A1
_________________________________
________________________________
Chief Justice Charles T.
T CCanady
anad
AOSC21-17-A1 07/29/2021
ATTEST:
AOSC21-17-A1
__________________________________
________ _____
07/29/2021 _____________________
John n A.
A. Tomasino, Court
Tomasino, Clerk of Cou
AOSC21-17-A1 07/29/2021
- 32 -
Preview
Filing # 155260294 E-Filed 08/12/2022 05:44:08 PM IN THE COUNTY COURT IN AND FOR OSCEOLA COUNTY, FLORIDA CASE NO.: 2020 SC 003987 SP LVNV FUNDING LLC, Plaintiff, vs. JESSICA ANAYA, Defendant(s). _____________________________/ MOTION FOR PLAINTIFF AND PLAINITFF’S COUNSEL TO APPEAR BY ZOOM COMES NOW the Plaintiff LVNV FUNDING LLC, by and through its undersigned Counsel, and hereby files this, their Motion for Plaintiff and Plaintiff’s Counsel to Appear by Zoom for the Non-Jury Trial and in support thereof, states as follows: 1. Plaintiff, LVNV FUNDING LLC, filed a lawsuit against Defendant, JESSICA ANAYA, and the Non- Jury Trial has been set on October 12, 2022 at 1:30 PM EST. 2. As Plaintiff is located in GREENVILLE, a substantial distance from the Osceola County Courthouse, it would be extremely burdensome for witness to travel to said courthouse to appear for the hearing. 3. Therefore, Plaintiff respectfully requested that both, Plaintiff and Plaintiff’s Counsel, attend the Non-Jury Trial via ZOOM, pursuant the administrative order specifically section IIA (3), attached hereto as Exhibit “A”. 4. Plaintiff respectfully submits that Defendant will not be prejudiced should this Court allow Plaintiff to appear telephonically for the above-scheduled hearing. WHEREFORE, Plaintiff, LVNV FUNDING LLC, hereby requests this Honorable Court enter an Order allowing a zoom appearance of Plaintiff at the Non-Jury Trial and such other and further relief as this Court deems just and proper. (CERTIFICATE OF SERVICE ON THE FOLLOWING PAGE) CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via regular U.S. Mail to Defendant, JESSICA ANAYA, at 2425 Timothy Ln, Kissimmee, FL 34743. 8/11/2022 Dated: _______________, 20___ Respectfully submitted, ANDREU PALMA ANDREU, PALMA, LAVIN & SOLIS SOLIS, PLLC 887 Donald Ross Road Juno Beach FL 33408 Tel: (877) 229-5972 Fax: (800) 391-2178 Document service e-mail: eservice@andreupalma.com 2001003041 THIS IS A COMMUNICATION FROM A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. EXHIBIT A Supreme Court of Florida No. AOSC21-17 Amendment 1 1 IN RE: COVID-19 HEALTH AND SAFETY PROTOCOLS AND EMERGENCY OPERATIONAL MEASURES FOR FLORIDA APPELLATE AND TRIAL COURTS ADMINISTRATIVE ORDER As a result of the Coronavirus Disease 2019 (COVID-19) pandemic, the Secretary of the United States Department of Health and Human Services renewed the determination that a public health emergency exists in the United States effective as of July 20, 1. This amended administrative order updates the introductory paragraphs to delete references to certain declarations of emergencies in this state that have expired; reflect the latest status for the declaration of a national public health emergency and the latest change in health guidance by the CDC; state the purpose for the amended order; and delete provisions specifying an effective date and terminating certain administrative orders, which are now obsolete due to the passage of time. This amended administrative order also deletes provisions that are now obsolete due to the passage of time in Sections I.A. and II.; modifies the health and safety protocols in Section I.B. and expands their application to a courthouse, rather than during an in-person court proceeding only; creates an exception to these protocols in Section I.C.; and modifies provisions governing the conduct of Baker Act and Marchman Act hearings and other trial court proceedings in Sections II.E.(2) and (4). 2021. Further, due to increasing new COVID-19 variant cases throughout the nation, the Centers for Disease Control and Prevention (CDC) revised its health guidance for vaccinated and unvaccinated persons on July 27, 2021. To mitigate the effects of the public health emergency upon the judicial branch and its participants during and after the emergency, I have issued administrative orders implementing temporary measures essential to the administration of justice to address the pandemic and to keep the courts operating to the fullest extent consistent with public safety. 2 In order to address the most recent 2. In re: COVID-19 Emergency Procedures in the Florida State Courts, Fla. Admin. Order No. AOSC20-13 (March 13, 2020); In re: COVID-19 Essential and Critical Trial Court Proceedings, Fla. Admin. Order No. AOSC20-15 (March 17, 2020); In re: COVID-19 Emergency Procedures for the Administering of Oaths via Remote Audio-Video Communication Equipment, Fla. Admin. Order No. AOSC20-16 (March 18, 2020); In re: COVID-19 Emergency Measures in the Florida State Courts, Fla. Admin. Order No. AOSC20-17 (March 24, 2020); In re: COVID-19 Emergency Procedures in Relation to Visitation for Children Under the Protective Supervision of the Department of Children and Families, Fla. Admin. Order No. AOSC20-18 (March 27, 2020); In re: COVID-19 Emergency Procedures for Speedy Trial in Noncriminal Traffic Infraction Court Proceedings, Fla. Admin Order No. AOSC20-19 (March 30, 2020); In re: Comprehensive COVID-19 Emergency Measures for the Florida State Courts, Fla. Admin. Order No. AOSC20-23 (April 6, 2020) and as amended thereafter; In re: COVID-19 Public Health and Safety -2- developments and continue to mitigate the effects of the public health emergency on the judicial branch and its participants during and after the emergency, this amended order is issued to modify and extend previously enacted temporary health and safety protocols and emergency operational measures. These protocols and measures shall remain in effect until amended or terminated by subsequent order. Under the administrative authority conferred upon me by article V, section 2(b) of the Florida Constitution, by Florida Rules of General Practice and Judicial Administration 2.205(a)(2)(B)(iv) and 2.205(a)(2)(B)(v), and by Rule Regulating The Florida Bar 1-12.1(j), IT IS ORDERED that: I. HEALTH AND SAFETY PROTOCOLS A. Implementation. The health and safety protocols under Section I.B. or I.C. must be implemented by all courts by August 2, 2021. Each court must continue operating pursuant to its Phase 2 Precautions for Phase 2, Fla. Admin. Order No. AOSC20-32 (May 21, 2020) and as amended thereafter; and In re: Comprehensive COVID- 19 Emergency Measures for Florida Appellate Courts, Fla. Admin. Order No. AOSC20-109 (Nov. 23, 2020) and as amended thereafter. -3- operational plan, established under Fla. Admin. Order No. AOSC20- 32, Amendment 8, until such implementation occurs. B. Protocols.3 Unless required by federal, state, or local laws, rules, or regulations or unless authorized by Section I.C., a court may not require the wearing of face masks 4 or physical distancing in a courthouse; 5 however, a person in a courthouse may choose to wear a face mask. Further, during an in-person court proceeding: 6 (1) A face mask must be provided upon request to a participant or observer. The Chief Justice or a chief judge may 3. In the case of a multi-use facility or building, the protocols in Sections I.B. and I.C. are not intended to govern activities inside of the separate offices of other constitutional officers. 4. As used in this order, the term “face mask” refers to face masks that completely cover the nose and mouth and that fit snugly around the nose, chin, and sides of the face as described by the CDC. See Your Guide to Masks, CDC (June 29, 2021). 5. As used in this order, the term “courthouse” means any portion of a facility or building that houses jury assembly rooms, courtrooms, hearing rooms, judicial officers, or court staff or areas where court business is conducted, whether or not that facility or building is formally called a courthouse. 6. As used in this order, the term “in-person court proceeding” means the assembly of prospective jurors, voir dire, juror deliberations, and any status conference, hearing, trial, or other proceeding conducted by a justice, judge, magistrate, or hearing officer if conducted in person and other court events conducted in person as may be determined by the Chief Justice or chief judge. -4- adopt a policy addressing the use of face masks with clear plastic panels during in-person court proceedings. If adopted, the policy must apply consistently across all in-person court proceedings in the same courthouse. (2) Participants may request to be physically distanced. The court will address such requests as appropriate under the circumstances at the time of the request. C. Exception. (1) If warranted by local health conditions, the Chief Justice or a chief judge may require either or both of the following health and safety protocols: a. The wearing of face masks by all persons in a courthouse or in any portion thereof. As determined by the Chief Justice or a chief judge, such requirement may apply at all times or during certain periods only. b. Physical distancing during an in-person court proceeding. (2) Notice of a protocol required under Section I.C.(1) must be prominently displayed on the court’s website. When local health conditions no longer warrant either or both of the requirements, the -5- court must return to implementation of the applicable protocol under Section I.B. II. EMERGENCY OPERATIONAL MEASURES The following provisions govern remote and in-person conduct of appellate and trial court proceedings, as applicable. All in-person court proceedings must be conducted in a manner consistent with Section I. A. Use of Technology. (1) The presiding judge in all cases must consider the constitutional rights of crime victims and criminal defendants and the public’s constitutional right of access to the courts. 7 (2) To maximize the availability of facility space for trial court proceedings that must be conducted in person, each chief judge of a judicial circuit should take all necessary steps to support the remote conduct of other trial court proceedings with the use of technology, in accordance with this administrative order and other 7. Similar measures initially went into effect in Fla. Admin. Order No. AOSC20-17 on March 24, 2020, and were subsequently also addressed in Fla. Admin. Order No. AOSC20-23 and Fla. Admin. Order No. AOSC20-109. -6- applicable standards and guidance as may be adopted by the Chief Justice or supreme court. 8 (3) Participants who have the capability of participating by electronic means in remote appellate or trial court proceedings must do so. 9 For purposes of this administrative order, “remote conduct,” “remotely conduct,” or “conducted remotely” means the conduct, in part or in whole, of a court proceeding using telephonic or other electronic means.10 (4) All rules of procedure, court orders, and opinions applicable to court proceedings that limit or prohibit the use of communication equipment for the remote conduct of proceedings shall remain suspended.11 8. Id. 9. This measure initially went into effect in Fla. Admin. Order No. AOSC20-23, Amendment 2, on May 21, 2020, and was subsequently also addressed in Fla. Admin. Order No. AOSC20- 109. 10. This measure initially went into effect in Fla. Admin. Order No. AOSC 20-23, Amendment 4, on June 16, 2020, and was subsequently also addressed in Fla. Admin. Order No. AOSC20- 109. 11. This measure initially went into effect in Fla. Admin. Order No. AOSC 20-13 at the close of business on March 13, 2020, and was subsequently also addressed in Fla. Admin. Order No. AOSC 20-17, Fla. Admin. Order No. AOSC20-23, and Fla. Admin. Order No. AOSC20-109. -7- (5) The Chief Justice and chief judges remain authorized to establish procedures for the use, to the maximum extent feasible, of communication equipment for the remote conduct of proceedings to facilitate the efficient and expeditious processing of cases. 12 B. Administration of Oaths. (1) Notaries and other persons qualified to administer an oath in the State of Florida may swear a witness remotely by audio-video communication technology from a location within the State of Florida, provided they can positively identify the witness. 13 (2) If a witness is not located within the State of Florida, a witness may consent to being put on oath via audio-video communication technology by a person qualified to administer an oath in the State of Florida. 14 12. A similar measure initially went into effect in Fla. Admin. Order No. AOSC 20-13 on Friday, March 13, 2020, and was subsequently also addressed in Fla. Admin. Order No. AOSC 20-17, Fla. Admin. Order No. AOSC20-23, and Fla. Admin. Order No. AOSC20-109. 13. This measure initially went into effect in Fla. Admin. Order No. AOSC 20-16 on March 18, 2020, and was subsequently also addressed in Fla. Admin. Order No. AOSC 20-17 and in Fla. Admin. Order No. AOSC20-23. 14. Id. -8- (3) All rules of procedure, court orders, and opinions applicable to remote testimony, depositions, and other legal testimony, including the attestation of family law forms, that can be read to limit or prohibit the use of audio-video communication technology to administer oaths remotely or to witness the attestation of family law forms shall remain suspended. 15 (4) Notaries and other persons qualified to administer an oath in the State of Florida may swear in new attorneys to The Florida Bar remotely by audio-video communication technology from a location within the State of Florida, provided they can positively identify the new attorney. 16 (5) For purposes of the provisions regarding the administering of oaths, the term “positively identify” means that the notary or other qualified person can both see and hear the witness or new attorney via audio-video communication technology for purposes of readily identifying the witness or new attorney. 17 15. Id. 16. This measure initially went into effect in Fla. Admin. Order No. AOSC 20-23 on April 6, 2020, and was subsequently also addressed in Fla. Admin. Order No. AOSC20-109. 17. Id. -9- C. Law School Practice Programs.18 (1) A supervising attorney in a law school practice program, under Rule 11-1.2(b) of the Rules Regulating The Florida Bar, may utilize audio-video communication technology to remotely supervise the law student in satisfaction of the requirement that the supervising attorney be physically present. The supervising attorney and law student must maintain a separate, confidential communication channel during the proceedings. (2) In a law school practice program, the requirement in Rule 11-1.2(b) of the Rules Regulating The Florida Bar that an indigent person and the supervising attorney must consent in writing to representation by a supervised law student may be satisfied by the judge receiving the consent verbally under oath. 18. These measures initially went into effect in Fla. Admin. Order No. AOSC 20-23, Amendment 5, on July 2, 2020, and were subsequently also addressed in Fla. Admin. Order No. AOSC20- 109. - 10 - D. Appellate Court Proceedings. Oral argument and other court proceedings and events may be conducted remotely or in person at the discretion of the Chief Justice or chief judge. 19 E. Trial Court Proceedings. 20 (1) Juror Disqualifications, Excusals, and Postponements. 21 Each chief judge of a judicial circuit may authorize the remote conduct of a proceeding in which disqualifications or excusals pursuant to section 40.013, Florida Statutes, or postponements pursuant to section 40.23, Florida Statutes, may be considered for persons who are summoned as a pool for possible juror service as described in section 40.011(5)(b), Florida Statutes. 19. Measures relating to appellate court proceedings initially went into effect in Fla. Admin. Order No. AOSC20-13 on March 13, 2020, and were subsequently also addressed in Fla. Admin. Order No. AOSC20-17, Fla. Admin. Order No. AOSC20-23, and Fla. Admin. Order No. AOSC20-109. 20. Measures relating to trial court proceedings initially went into effect in Fla. Admin. Order No. AOSC20-13 on March 13, 2020, and were subsequently also addressed in Fla. Admin. Order No. AOSC20-15, Fla. Admin. Order No. AOSC20-16, Fla. Admin. Order No. AOSC20-17, Fla. Admin. Order No. AOSC20-18, Fla. Admin. Order No. AOSC20-19, and Fla. Admin. Order No. AOSC20-23. 21. This measure initially went into effect in Fla. Admin. Order No. AOSC20-23, Amendment 8, on November 23, 2020. - 11 - (2) Jury and Other Proceedings. Non-statewide grand jury selection and proceedings, civil jury selection proceedings and trial proceedings, and criminal jury selection proceedings and trial proceedings must be conducted in person, unless a remote civil or criminal jury selection proceeding or trial proceeding is authorized under Section II.E.(3). (3) Remote Civil and Criminal Jury Selection Proceedings and Trial Proceedings.22 a. A judicial circuit may remotely conduct: i. Civil jury selection proceedings or trial proceedings if all parties consent to participating in the remote proceeding. ii. Criminal jury selection proceedings or trial proceedings if: 1. The defendant provides consent in writing and orally on the record establishing that the defendant has 22. The measure authorizing remote civil jury proceedings initially went into effect in Fla. Admin. Order No. AOSC20-23, Amendment 3, on June 8, 2020, and the measure authorizing remote criminal jury proceedings initially went into effect in Fla. Admin. Order No. AOSC20-23, Amendment 9, on February 17, 2021. - 12 - knowingly, voluntarily, and intelligently agreed to the remote conduct of the proceeding; 2. Counsel for the defendant, if the defendant is represented, indicates orally on the record that they have discussed the potential advantages and disadvantages of remote conduct of the proceeding with the defendant and have concluded that the defendant has knowingly, voluntarily, and intelligently agreed to the remote conduct of the proceeding; and 3. The prosecutor indicates the State’s and, if applicable, the victim’s positions orally on the record regarding remote conduct of the proceeding for purposes of consideration by the presiding judge in determining whether to remotely conduct the proceeding. b. A court proceeding to obtain the statements required to be provided orally on the record pursuant to Section II.E.(3)a.ii. may be remotely conducted. - 13 - c. The cases selected for a remote jury proceeding must be based upon the case being conducive to a remote proceeding and conducted pursuant to the requirements specified in the report titled Requirements and Evaluation Criteria – Remote Civil and Criminal Jury Trials and other applicable standards and guidance as may be adopted by the Chief Justice or supreme court. d. Within 30 days after the remote conduct of a jury selection proceeding or trial proceeding for the first time in a judicial circuit, the circuit must present the results of the proceeding and report its findings and recommendations to the Chief Justice through the state courts administrator. (4) Other Trial Court Proceedings.23 Trial court proceedings that are not addressed under Section II.E.(1), (2), or (3) may be conducted as follows: a. Non-jury trials in: i. Criminal cases may be conducted remotely if the requirements for certain statements specified in Section 23. Similar measures initially went into effect in Fla. Admin. Order No. AOSC20-23, Amendment 1, on May 4, 2020. - 14 - II.E.(3)a.ii. are satisfied or, if not, must be conducted in person. ii. Termination of parental rights and juvenile delinquency cases may be conducted remotely if ordered by the chief judge or the presiding judge or, if not, must be conducted in person. b. Hearings to determine whether an individual should be involuntarily committed under the Baker Act or the Marchman Act may be conducted remotely if ordered by the chief judge or presiding judge or, if not, must be conducted in person. c. All other trial court proceedings: i. Must be conducted remotely if requested by a party unless the chief judge or presiding judge determines that the interests of justice require the proceeding to be conducted in person. ii. Should be conducted remotely, as appropriate, to facilitate the efficient and expeditious processing of cases, except that a proceeding must be conducted in person if the chief judge or presiding judge determines that remote conduct of the proceeding is inconsistent - 15 - with the United States or Florida Constitution, a statute, or a rule of court, a court order, or an opinion that has not been suspended by administrative order. (5) In-Person Trial Court Proceedings.24 It is the responsibility of the chief judge to ensure that trial court proceedings that must be in person pursuant Section II.E.(2) or (4) are conducted to the fullest extent feasible consistent with Section I. Chief judges shall have the discretion to determine how best to utilize available trial court resources and facility space to conduct in-person proceedings, but before making such determination should consider the following priorities listed from highest to lowest: a. Essential proceedings as previously identified in Section III.D.(1) of Fla. Admin. Order No. AOSC20-23, Amendment 13. b. Circuit and county criminal trials with an in-custody defendant. c. Circuit trials for juveniles being tried as an adult. d. Juvenile delinquency trials. 24. Similar measures initially went into effect in Fla. Admin. Order No. AOSC20-23, Amendment 8, on November 23, 2020. - 16 - e. Circuit and county criminal trials with an out-of-custody defendant. f. Termination of parental rights trials. g. Circuit civil jury trials. h. County civil jury trials. i. All other trial court proceedings. (6) Case Resolution. 25 To maximize the resolution of all cases, chief judges: a. Must direct all judges within their circuits to strictly comply with Florida Rule of General Practice and Judicial Administration 2.545(a), (b), and (e), which respectively require judges to conclude litigation as soon as it is reasonably and justly possible to do so, to take charge of all cases at an early stage and to control the progress of the case thereafter until it is determined, and to apply a firm continuance policy allowing continuances only for good cause shown. b. Are encouraged, where consistent with public health and safety, to: 25. Id. - 17 - i. Use non-traditional facilities or underutilized courthouse space to increase the court’s capacity for in-person proceedings. ii. Reassign judges and court staff to proceedings having the highest priority. iii. Implement scheduling practices that promote the conduct of as many jury trials as feasible. Consistent with Section II.E.(5), the scheduling of trials in criminal cases should be prioritized to facilitate the prompt resolution of these cases. iv. Communicate to the local Bar that lawyers must strictly comply with Florida Rule of General Practice and Judicial Administration 2.545(a), which requires lawyers to conclude litigation as soon as it is reasonably and justly possible to do so, and that the pandemic alone is not a basis for a lawyer’s failure to prepare a case for trial or otherwise actively manage a case. - 18 - (7) Civil Case Management. 26 To maximize the resolution of civil cases, chief judges were required to have issued an administrative order applicable to each county within the judicial circuit, except as provided in Section II.E.(7)b., that took effect on April 30, 2021, to require the presiding judge for each civil case 27 to actively manage civil cases in the manner specified below. 26. These measures initially went into effect in Fla. Admin. Order No. AOSC20-23, Amendment 10, on March 9, 2021. 27. As used in Section II.E.(7), the term "civil case" means actions to which the Florida Rules of Civil Procedure apply, as identified in Florida Rule of Civil Procedure 1.010, and actions in which the court has ordered that the action proceed under one or more of the Florida Rules of Civil Procedure pursuant to Florida Small Claims Rule 7.020(c) if the deadline for the trial date specified in Florida Small Claims Rule 7.090(d) no longer applies in the action, but does not include actions subject to section 51.011, Florida Statutes, post-judgment proceedings, and writs to which Florida Rule of Civil Procedure 1.630 applies. See Florida Rule of Civil Procedure 1.010 (stating that the Florida Rules of Civil Procedure “apply to all actions of a civil nature and all special statutory proceedings in the circuit courts and county courts except those to which the Florida Probate Rules, the Florida Family Law Rules of Procedure, or the Small Claims Rules apply.”); Florida Small Claims Rule 7.020(c) (stating that “In any particular action, the court may order that action to proceed under 1 or more additional Florida Rules of Civil Procedure on application of any party or the stipulation of all parties or on the court's own motion.”); Florida Small Claims Rule 7.090(d) (providing that the trial in a small claims action must be set not more than 60 days from the date of the pretrial conference except as otherwise specified); Florida Rule of Civil Procedure 1.630 (addressing actions - 19 - a. The administrative order must have: i. Required review of each civil case to determine whether it is complex, streamlined, or general. 1. Complex civil cases are actions that have been or may be designated by court order as complex under Florida Rule of Civil Procedure 1.201. Upon such designation, the action must proceed as provided in the rule. 2. Streamlined civil cases must be identified based on criteria determined by the chief judge and specified in the administrative order. Criteria that the chief judge may wish to consider for the identification of streamlined cases include whether the case involves: few parties; non-complex issues related to liability and damages; few anticipated pretrial motions; limited need for discovery; few witnesses; minimal for the issuance of writs of mandamus, prohibition, quo warranto, and habeas corpus); and section 51.011, Florida Statutes (providing a summary procedure for the resolution of certain actions when specified by statute or rule). - 20 - documentary evidence; and an anticipated trial length of less than two days. 3. General civil cases are all other civil cases. ii. Required the presiding judge to issue a case management order for each streamlined and general civil case that at a minimum specifies the deadlines for service of complaints, service under extensions, and adding new parties and the deadlines by which: fact and expert discovery must be completed; all objections to pleadings and pretrial motions must be resolved; and mediation must have occurred. The case management order must also specify the projected date of trial; indicate that the deadlines established in the order will be strictly enforced by the court; indicate that a firm trial date will be ordered by the presiding judge when the case is at issue pursuant to Florida Rule of Civil Procedure 1.440; and address any other matters required by the chief judge. If the streamlined or general civil case is: 1. Subject to dismissal for a lack of prosecution pursuant to Florida Rule of Civil Procedure 1.420(e), a case - 21 - management order is required only if the court determines that the action should remain pending and must be issued within 30 days after such determination. 2. Subject to a statutory stay or a moratorium preventing the prosecution of the case, the case management order must be issued in a case filed: On or after April 30, 2021, within 45 days after the stay or the moratorium ends or within 30 days after service of the complaint on the last of all named defendants, whichever date is later; or Before April 30, 2021, by December 3, 2021, within 45 days after the stay or the moratorium ends, or within 30 days after service of the complaint on the last of all named defendants, whichever date is later. The case management order must address each deadline identified under Section II.E.(7)a.ii. and the projected date for trial if such event has not yet occurred in the - 22 - case or has not yet been specified by other court order. 3. Not subject to a statutory stay or a moratorium, the case management order must be issued in a case filed: On or after April 30, 2021, within 30 days after service of the complaint on the last of all named defendants; or Before April 30, 2021, the case management order must be issued by December 3, 2021. The case management order must address each deadline identified under Section II.E.(7)a.ii. and the projected date for trial if such event has not yet occurred in the case or has not yet been specified by other court order. iii. Established maximum periods within which the deadlines required by Section II.E.(7)a.ii. and the projected date of trial must be set in the case management order. The maximum periods must be differentiated based on whether the civil case is streamlined or general and must be consistent with the - 23 - time standards specified in Florida Rule of General Practice and Judicial Administration 2.250(a)(1)(B) for the completion of civil cases. b. If a judicial circuit or county within the judicial circuit was implementing a written civil case management protocol as of March 9, 2021, that required the entry of a case management order for each civil case that addressed each deadline identified under Section II.E.(7)a.ii. and the projected date for trial, the chief judge is authorized to continue to use the protocol in the judicial circuit or county instead of issuing the administrative order required by this section. c. Each administrative order issued by the chief judge pursuant to this section and written civil case management protocol described in Section II.E.(7)b. was required to be submitted to the chair of the Workgroup on the Improved Resolution of Civil Cases, as established by In Re: Workgroup on Improved Resolution of Civil Cases, Fla. Admin. Order No. AOSC19-73 (Oct. 31, 2019), by May 7, 2021. If subsequently amended, the administrative order or protocol must be submitted to the chair of the workgroup within seven days after the amendment is issued. - 24 - (8) Speedy Trial in Criminal Court Proceedings.28 a. All time periods involving the speedy trial procedure in criminal court proceedings remain suspended until the close of business on: i. October 4, 2021, for persons who were taken into custody29 before March 14, 2020. When the suspension ends and the time periods resume, any time that accrued under the procedure for a person before the suspension began at the close of business on March 13, 2020, must be subtracted from the time periods provided by the procedure. See, e.g., Sullivan v. State, 913 So. 2d 762 (Fla. 5th DCA 2005), and State v. Hernandez, 617 So. 2d 1103 (Fla. 3rd DCA 1993). ii. January 3, 2022, for persons who were taken into custody on or after March 14, 2020. 28. This measure initially went into effect in Fla. Admin. Order No. AOSC20-13 at the close of business on March 13, 2020, and was subsequently also addressed in Fla. Admin. Order No. AOSC20-17 and in Fla. Admin. Order No. AOSC20-23. 29. As used in Section II.E.(8)a., the term “taken into custody” has the same meaning as provided in Florida Rule of Criminal Procedure 3.191(d). - 25 - b. When the time periods involving the speedy trial procedure resume under Section II.E.(8)a.: i. The 10-day time period in Florida Rule of Criminal Procedure 3.191(p)(3) is increased to 30 days; and ii. Florida Rule of Criminal Procedure 3.191(l) is modified to authorize a court to order an extension of the time periods provided under the rule for the following exceptional circumstances: general congestion of the court’s docket, a lack of courtroom space, an unavailability of jurors, or a personnel shortage for public defenders, state attorneys, clerks of court, or the courts. (9) Speedy Trial in Juvenile Court Proceedings.30 All time periods involving the speedy trial procedure in juvenile court proceedings remain suspended until the close of business on October 4, 2021. When the suspension ends and the time periods resume, any time that accrued under the procedure for a juvenile 30. This measure initially went into effect in Fla. Admin. Order No. AOSC20-13 at the close of business on March 13, 2020, and was subsequently also addressed in Fla. Admin. Order No. AOSC 20-17 and in Fla. Admin. Order No. AOSC20-23. - 26 - before the suspension began at the close of business on March 13, 2020, must be subtracted from the time periods provided by the procedure. See, e.g., Sullivan v. State, 913 So. 2d 762 (Fla. 5th DCA 2005), and State v. Hernandez, 617 So. 2d 1103 (Fla. 3rd DCA 1993). (10) Incompetence to Proceed.31 Where exigencies make it impossible to meet the 20-day time period in Florida Rule of Criminal Procedure 3.210(b), chief judges of the circuit courts remain authorized to direct judges to hold competency hearings as soon as feasible after the date of filing a motion to determine competency. Chief judges also remain authorized to allow experts and attorneys to conduct and attend competency evaluations by remote means, if feasible. (11) Defendants Arrested on Warrant or Capias from Another Florida Jurisdiction. 32 To mitigate the health risks associated with the incarceration and transportation of defendants during the 31. This measure initially went into effect in Fla. Admin. Order No. AOSC20-17 on March 24, 2020, and was subsequently also addressed in Fla. Admin. Order No. AOSC20-23. 32. These measures initially took effect in Fla. Admin. Order No. AOSC20-17 on March 24, 2020, and were subsequently also addressed in Fla. Admin. Order No. AOSC20-23. - 27 - pandemic, when a defendant is arrested on a warrant or capias from another Florida jurisdiction, chief judges of the circuit courts remain encouraged to facilitate communication between the circuit or county where the case originated (“home court”) and the circuit or county where the defendant is incarcerated (“holding court”), for the handling of matters on a temporary basis, as follows: a. Pretrial Release and First Appearance Hearings. Chief judges remain authorized to direct judges conducting pretrial release and first appearance hearings to address detention and monetary bond or other conditions of pretrial release in the county of arrest, regardless of whether the case is transferred, rather than requiring transport of the defendant to the county where any warrant or capias originated. For capiases and violation of probation warrants, before setting monetary bond or other conditions of pretrial release, the first appearance judge, in order to make a proper decision regarding monetary bond or other conditions of pretrial release, must rely on relevant information from the following individuals in the county that issued the capias or warrant: the issuing judge, defense counsel if any, and the state attorney. - 28 - Action taken by the holding court at first appearance and any pretrial release hearing should be promptly reported to the home court and reflected in the record of the case. Any provision of Florida Rule of Criminal Procedure 3.131 inconsistent with these measures remains suspended. b. Pleas. Judges remain encouraged to coordinate with prosecutors, attorneys, defendants, and victims in order to utilize section 910.035, Florida Statutes, which allows for pleas of guilty or nolo contendere for persons arrested in counties outside of the county of prosecution, upon the consent of the defendant and the state attorney in the county where the crime was committed. c. Rights of Parties. In cases that are not handled by a plea or pretrial release such that the defendant will continue to be detained in the jurisdiction of the holding court for an indefinite period of time, chief judges are directed to ensure that the due process rights of the defendant are protected by facilitating the temporary transfer of the case to the holding court, if necessary; by having a judge from the holding court designated by the Chief Justice, or designated by the chief judge if the home and holding court are within the same circuit, as a judge of the home court to handle - 29 - emergency or other necessary matters in the case; or by other appropriate means. d. Victims. The constitutional rights of crime victims must also be considered in all cases by the presiding judge. (12) Speedy Trial in Noncriminal Traffic Infraction Court Proceedings. 33 The time period involving the speedy trial procedure in noncriminal traffic infraction court proceedings remains suspended until the close of business on October 4, 2021. When the suspension ends and the time period resumes, any time that accrued under the procedure for a person before the suspension began at the close of business on March 13, 2020, must be subtracted from the time period provided by the procedure. (13) Family Law Forms. 34 Except as indicated below, the requirement that Florida Family Law Forms be notarized or signed 33. This measure initially went into effect in Fla. Admin. Order No. AOSC20-19 at the close of business on March 13, 2020, and was subsequently also addressed in Fla. Admin. Order No. AOSC20-23. 34. This measure initially took effect in Fla. Admin. Order No. AOSC 20-17 on March 24, 2020, and was subsequently also addressed in Fla. Admin. Order No. AOSC20-23. - 30 - in the presence of a deputy clerk remains suspended, if the filer includes the following statement before the filer’s signature: Under penalties of perjury, I declare that I have read this document and the facts stated in it are true. This exception does not apply to Florida Family Law Forms 12.902(f)(1), Marital Settlement Agreement for Dissolution of Marriage with Dependent or Minor Child(ren), 12.902(f)(2), Marital Settlement Agreement for Dissolution of Marriage with Property but No Dependent or Minor Child(ren), 12.902(f)(3), Marital Settlement Agreement for Simplified Dissolution of Marriage, and any other family law form that transfers the ownership of property, which must continue to be notarized or signed in the presence of a deputy clerk prior to filing. (14) Objections to In-Person Visitation for Children under the Protective Supervision of the Florida Department of Children and Families (DCF). A caregiver for a child subject to the protective supervision of the DCF may object to the in-person nature of a visitation on grounds that risks due to COVID-19 will negatively affect the health or safety of a person participating in the visitation or of a member of that person’s household. The court must - 31 - consider such objection and responses thereto before entering an order on visitation. This section applies to parent-child visitation, sibling visitation, and visitation between children and other family members and non-relatives. *** Additional orders extending or modifying these measures will be issued as warranted to mitigate the effects of the public health emergency on the judicial branch and its participants. DONE AND ORDERED at Tallahassee, Florida, on July 29, 2021. AOSC21-17-A1 _________________________________ ________________________________ Chief Justice Charles T. T CCanady anad AOSC21-17-A1 07/29/2021 ATTEST: AOSC21-17-A1 __________________________________ ________ _____ 07/29/2021 _____________________ John n A. A. Tomasino, Court Tomasino, Clerk of Cou AOSC21-17-A1 07/29/2021 - 32 -