Administrative Order
(January 23, 1989)
Whereas, the Supreme Court of Florida has adopted Fla.R.Civ.P. 1.491 relating to Child Support Enforcement Hearing Officers; and
Whereas, this Court has entered an Administrative Order, ACC-86-06, dated November 20, 1986, and Amended ACC-86-06, dated December 4, 1986, and Amended ACC-86-06 dated April 5, 1988, and an Amended Order 88-65, dated December 15, 1988, the Amended Order of November and December, 1986, are substantially the same as the April 5, 1988 Order, and the December 15, 1988 Order. The Supreme Court of Florida, on January 19, 1989, invalidated Order ACC-86-06, dated April 5, 1988; and
Whereas, the County of Sarasota, in consideration of the increasing needs and population of the area known as "South County", has recently constructed the South County Administrative Center, located at 4000 Tamiami Trail, Venice, Florida, which includes a courtroom and court related facilities to serve the residents of this area, and
Whereas, the interest of the public, the litigants and the judiciary require a flexible and speedy system for resolution of proceedings for establishment, modification and enforcement of support in both Title IV-D and Non-Title IV-D cases, and
Whereas, the supreme Court of Florida has entered an Administrative order invoking the provisions of Fla.R.Civ.P. 1.491 for both Title IV-D and Non-Title IV-D proceedings in the Twelfth Judicial Circuit; it is
Ordered, as follows:
- There is hereby created the position of Support Enforcement Hearing Officers. The Chief Judge shall appoint one or more hearing officers who shall be members of the Florida Bar in good standing and who shall serve at the pleasure of the Chief Judge and a majority of the Circuit Judges of the Circuit.
- All proceedings for the establishment, modification and enforcement of support in both Title IV-D and Non-Title IV-D cases shall be heard by the support Enforcement Hearing Officer.
- The support Enforcement Hearing Officer shall have the general powers and duties set forth in Fla.R.Civ.P. 1.491(e), and shall perform such other and related functions as the Chief Judge may from time to time direct concerning the establishment, modification, or enforcement of support.
- The support Enforcement Hearing Officer shall promptly make and enter a Recommended Order in each case. The Recommended Order shall contain findings of fact and shall have the same force and effect as an order entered by the Court when approved and ratified by a Circuit Judge. The Circuit Judge shall review the findings of fact and the Recommended Order, and enter the same promptly unless good cause appears to amend the order or conduct further proceedings.
- All hearings before the Hearing Officers shall be reported by electronic means provided by Fla.R.Jud.Admin. 2.070(c).
- The Amended Administrative Order shall take effect the 20th day of January, 1989.
- Upon request of the judge assigned to Division "H", the Clerk of this Court shall draw a jury panel of Sarasota County citizens living and voting in this jury district and instruct these panel members to report to the South County Administrative Center for jury duty.
Done and Ordered at Bradenton, Manatee County, Florida, this 23rd day of January, 1989, nunc pro tunc the 20th day of January, 1989.
Gilbert A. Smith
Chief Judge
Twelfth Judicial Circuit