Administrative Order Viewer

In the County Courts of the Twelfth Judicial Circuit
in and for Sarasota, Manatee, and DeSoto Counties, Florida

Administrative Order No: 2025–2.1

(Amends AO 2022–07.1 to comply with AOSC 2023-0962)

On July 8, 2022, this Court entered Administrative Order 2022-07.1, establishing a standing order and protocols for county civil case management, including filing requirements for all Personal Injury Protection benefits (“PIP”) cases filed under the small claims jurisdiction of county court. Due to recent rule changes, it is necessary to amend those procedures.

The Florida Supreme Court has entered Administrative Order 2023-0962, amending Florida Rule of Civil Procedure 1.200 and requiring the Chief Judge of each judicial circuit to enter an administrative order addressing certain case management requirements.

Pursuant to the above authorities, each civil case, unless exempt by Rule 1.200(a), must be assigned within 120 days after the action commences to a complex, general, or streamlined case management track. Other than case management orders issued in complex cases, the Chief Judge sets the forms for case management orders.

Pursuant to the authority vested in the Chief Judge by article V, section 2(d) of the Florida Constitution, section 43.26, Florida Statutes, and Rule 2.215(b), Florida Rules of General Practice and Judicial Administration, it is, accordingly, ordered as follows:

1. County Court Case Management Orders
   1. The case management procedures set forth in this Order must be followed in all civil actions filed in the County Court in Desoto, Sarasota and Manatee counties, unless the action falls within an exception set forth in rule 1.200(a).
   2. Within 120 days after the commencement of any civil case subject to this Administrative Order, the presiding judge in the case, with the assistance of case managers, must review and assign the case to one of the three case management tracks by entering an initial case management order.
   3. The case management order for a streamlined or general civil case must be in the form provided in the attachments to this Order, Attachments A-C, consistent with the requirements of rule 1.200.
2. Small Claims PIP Cases

   1. Personal injury protection benefits (“PIP”) cases are routinely filed within the Small Claims Division. These cases comprise a large percentage of the small claims cases filed, and in most cases the parties agree to invoke the Rules of Civil Procedure, as permitted by Rule 7.020(c), Florida Small Claims Rules, and waive appearance at pre-trial conference.

      The parties in such cases are represented by counsel, typically seek extensive discovery, and, as a result, the trial courts routinely adopt the parties’ agreement to invoke the Florida Rules of Civil Procedure, resulting in the entry of individual orders in each case.

      The invocation of the Florida Rules of Civil Procedure uniformly at inception of the case throughout the Twelfth Judicial Circuit in PIP cases would promote judicial economy and efficiency and would avoid unnecessary consumption of pre-trial and mediation scheduling and other resources. The following provisions shall apply to all PIP claims filed in the Small Claims Division.

   2. Applicability of Rules of Civil Procedure. In accordance with Florida Small Claims Rule 7.020, all rules of the Florida Rules of Civil Procedure (except as to lack of prosecution (which shall be governed by Small Claims Rule 7.110(e)) are hereby invoked at the time of filing of the case. Additionally, Small Claims Rules 7.135 (summary disposition) and 7.150 (jury trial) will prevail over Civil Procedure Rules 1.430 and 1.510. A Case Management Order as outlined in Part A of this Administrative Order will be entered in each PIP small claims case.
   3. Small Claims PIP Addendum. For all PIP cases, the Plaintiff must file a Complaint that specifically states that this Administrative Order applies. A Small Claims PIP Addendum, in the form attached hereto as “Attachment D”, shall be filed together with the Complaint. Failure to comply may result in appropriate sanctions.
   4. Summons. In cases identified as a PIP case under paragraph 3, the Clerk shall issue a summons consistent with Form 1.902, Florida Rules of Civil Procedure and this Administrative Order. The Clerk shall not set a small claims pre-trial conference or small claims mediation in the case.
   5. Any party who objects to the invocation of the rules of civil procedure shall file a written objection within five (5) days of service of the Complaint on the last Defendant. Upon notifying the Court of the written objection, the case may be addressed as the Court deems appropriate, and the Court will reserve jurisdiction to vacate the invocation of the Rules of Civil Procedure.
   6. A party’s counsel may set matters on the presiding judge’s docket through the judicial assistant or schedule the matter on JACS.
   7. Prior to requesting hearing time on discovery issues, counsel shall refer to the most current version of the Florida Handbook on Civil Discovery Practice, which can be found at www.floridatls.org, and counsel shall conduct a good faith effort to resolve or narrow the discovery issues and shall certify that they have done so in their motion.
   8. The provisions of this Administrative Order may be modified by the trial court for good cause shown in any individual PIP case.
   9. This Administrative Order amends Administrative Order 2022-07.1 and is effective immediately.

Done and ordered in Chambers in Bradenton, Manatee County, Florida, this 10^th day of February, 2025.

Diana L. Moreland
Chief Judge