BUSINESS LAW 101 / CORONAVIRUS AND THE COURTS-AN UPDATE

By Albert L. Kelley

Last week, Chief Judge Mark Jones issued an Administrative Order (2.077) which severely restricts access to the Courts during the coronavirus outbreak.  Under the Order, most court proceedings are postponed until at least April 17, 2020. The Court remains open for “mission critical” services. These services include the following:

  1. First Appearances;
  2. Bond Hearings;
  3. Criminal Arraignments; as necessary;
  4. Juvenile Detention Hearings;
  5. Juvenile Shelter Hearings;
  6. Domestic Violence, repeat violence, sexual violence, dating violence and stalking injunctions, as well as all chapter 39 injunctions;
  7. Risk Protection orders;
  8. Marchman Acts;
  9. Baker Acts;
  10. Family law (including juvenile) cases where the imminent safety of children is an issue;
  11. Vulnerable adult injunctions;
  12. Emergency incapacity petitions and appointment of guardians;
  13. Proceedings involving requests for “do not resuscitate” orders;
  14. Adult Protective Service Act proceedings;
  15. Requests for search warrants and arrest warrants;
  16. Violations of quarantine or isolation orders;
  17. Violations of orders to limit travel;
  18. Violations of orders to close public or private buildings;
  19. Seizure of bodily fluids;
  20. Mandatory vaccinations proceedings;
  21. Enforcement of curfew orders;
  22. Extraordinary writs;
  23. Any other “emergency” proceedings or hearings authorized by the Chief

Essentially, the Court is limiting its activities to those issues that are necessary to protect the health and safety of the public.  The Courts are taking other actions as well to protect the public. The courthouses and clerk’s offices are closed to the public. Arraignments and first appearances are being held by videoconferencing and most other proceedings are being handled telephonically.  Any legal issue that is not on the approved “mission critical” list is stayed until the Court reopens. While the electronic filing system is still operational, and while the Judges may still consider paperwork proceedings that are not on the mission critical list, all hearings are stayed. This means for example that while lawsuits may be filed either electronically or by mail, summons on those lawsuits will not be issued, so the case will not proceed until after April 17, 2020.  Any hearings that had already been scheduled during this period will need to be rescheduled after the Court reopens.   

Al Kelley is a Florida business law attorney located in Key West and previously taught business law, personnel law and labor law at St. Leo University.  He is also the author of four law books: (“Basics of Business Law” “Basics of Florida’s Small Claims Court”, “Basics of Florida’s Landlord/Tenant Law” and “Basics of Starting a Florida Business” (Absolutely Amazing e-Books)). This article is being offered as a public service and is not intended to provide specific legal advice.  If you have any questions about legal issues, you should confer with a licensed Florida attorney.

[livemarket market_name="KONK Life LiveMarket" limit=3 category=“” show_signup=0 show_more=0]