Administrative Order Viewer

In the Circuit Court of the Twelfth Judicial Circuit in and for
DeSoto, Manatee and Sarasota counties, Florida

Administrative Order No: 2018–13.1

Whereas, in accordance with Rule 2.545, Florida Rules of Judicial Administration, judges and lawyers have a professional obligation to conclude litigation as soon as it is reasonably and justly possible to do so; and

Whereas, Rule 1.420, Florida Rules of Civil Procedure, provides for the dismissal of actions for failure to prosecute where no record activity has taken place within 10 months; and

Whereas, eviction cases are included in the procedure outlined in Rule 1.420, Fla.R.Civ.P., for the dismissal of actions; and

Whereas, closing and dismissing eviction cases through the lack of prosecution procedure set forth in Rule 1.420, Fla.R.Civ.P. requires a substantial expenditure of financial and human resources; and

Whereas, eviction cases, unlike other county civil cases, are often resolved within thirty (30) days of filing, because these cases often involve only the issue of possession, which is usually resolved by defendants (tenants) vacating the premises upon service of process; and

Whereas, time and resources of the judiciary, clerks of court, plaintiffs (landlords) and defendants (tenants) will be saved if at the time of filing, plaintiffs (landlords) are given the opportunity to voluntarily agree to close their case after 90 days of inactivity; and

Whereas, for case management purposes and in order to accurately report the number of cases engaged in active litigation, it is necessary to purge the county civil dockets of abandoned and dormant eviction cases that require no further judicial attention except for the ministerial action of administrative closure; and

Whereas, pursuant to the power vested in the chief judge under article V, section 2(d), Florida Constitution, section 43.26, Florida Statutes, and Rule 2.215, Florida Rules of Judicial Administration, and to improve the administration of justice within the Twelfth Judicial Circuit, it is Ordered as follows:

1. Effective August 1, 2018, the Clerks of Court in Desoto, Manatee and Sarasota counties shall include a Consent to Case Closure After 90 Days of Inactivity form that is in substantial compliance with the sample form attached and incorporated herein as Exhibit “A”, in all eviction forms packets and as the Clerks otherwise deem appropriate.
2. Upon receipt of a completed Consent to Case Closure after 90 Days of Inactivity form, Clerks are granted authority to administratively close the eviction case after 90 days of inactivity have passed.
3. To address all outstanding dormant and abandoned eviction cases, the Desoto, Manatee and Sarasota Clerks of Court shall review and administratively close all open eviction cases that were filed on or before March 1, 2018, when there has been no record activity for the last 90 days.
4. A party seeking to reopen a case that has been administratively closed by paragraph 2 or 3 of this Administrative Order shall file a motion to return the matter to open or active status, including an explanation for the prolonged inactivity, and pay any applicable Clerk filing fees. If no hearing is scheduled within 30 days of its filing, the case shall be administratively closed by the Clerk of Court without further order of the Court.
5. This Administrative Order is effective upon signing.

Done and ordered in Sarasota County, Florida, this 11^th day of July 2018.

Charles E. Williams
Chief Judge