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Procedures/Preferences

 

 FELONY DIVISION F PROCEDURES
CIRCUIT JUDGE KIMBERLY K. FERNANDEZ


Judicial Assistant: Sandra Singleton

5th Floor Courthouse Annex South Tower

Courtroom# 54S;  Chambers Suite 506
Division E-Mail:
 FELONYDIVF@FLJUD13.ORG
Office Phone Number: (813) 272-6850

 

ZOOM CONFERENCE ROOM*
Meeting ID: 377 707 4721

CLICK HERE: https://zoom.us/j/3777074721

 

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(+1) 786 635 1003 US (Miami)

 

Pursuant to paragraph 13 of Administrative Order S-2020-23 of the Thirteenth Judicial Circuit, Felony Criminal Division F shall implement the following temporary procedures:

  1. Hearings previously scheduled: Previously scheduled trials and hearings that were to take place prior to May 29, 2020 have been continued. You may find the next hearing date for these cases on HOVER (the official Clerk of Court website).
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  3. Arraignments:  Division F will conduct a Zoom arraignment docket for Defendant’s in custody and out of custody every Monday morning at 8:30am. At the arraignment, the Court will set the case for a Pretrial Conference and Jury Trial date in the future, giving counsel ample time to conduct discovery on the matter. If a Notice of Appearance has not been filed by private counsel, the Court will automatically Appoint the Public Defender’s Office to represent the Defendant.  
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  5. Bond Motions without Hearing  
    1. The Court will consider a bond motion without evidence or hearing. A written Motion for Bond Reduction shall be filed with the Clerk of Court, and emailed to opposing counsel.
    2. At the time the bond motion is filed, counsel shall also file a written “Waiver of the Defendant’s Presence”.  The Waiver of Physical Presence form can be found on the Thirteenth Judicial Circuit Website under the “forms link”. After clicking on “forms” from the website, please select Circuit-Criminal Justice and Trial. After clicking on this link, the required form can be found.
    3. A copy of the Motion for Bond Reduction shall be forwarded to the Court via the Division F Judicial Assistant at felonydivf@fljud13.org.  Once said motion has been filed and received by the Judicial Assistant, the Court will direct the State to file a written response with the Clerk of Court. A copy said response by the State shall be filed, and emailed to the Court and opposing counsel within 24 hours. The Court will then rule on the bond motion by sending an email to all parties. Defense counsel shall then prepare an Order reflecting the Court’s ruling and upload said Order to the Court’s work queue in JAWS for signature. All Orders shall be approved by the State prior to submitting to the Court for signature.
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  7. In custody Changes of Plea:  A negotiated change of plea for an incarcerated Defendant is considered an “essential proceeding” under paragraph 13 (A)(v) of Administrative Order 2020-23. These proceedings are conducted every Tuesday, Thursday and Friday beginning at 8:0am in Video Courtroom 17. The procedure for adding a case on the “change of plea” docket along with the required forms that must filed with the Clerk of Court, can be found on the Thirteenth Judicial Circuit Website under the “forms” link. After clicking on “forms” from the website, please select Circuit-Criminal Justice and Trial. After clicking on this link, the procedure as well as the required forms are outlined under the “Procedures for Inmate Video Conference Pleas. For your convenience, the following procedure has been repeated on this web page.
    1. Attorneys: Attorneys are required by the terms of those forms to discuss each of them line by line with the Defendant in a private, confidential setting that allows for meaningful question and answer discussions. Please note the plea form indicates that the Defendant has seen and agrees with the scoresheet as prepared by the State, so you must go over that document with the Defendant as well, and be prepared to answer questions regarding the same.
    2. Signature on Forms: Once the attorney has fully discussed ALL forms with the Defendant and obtained the Defendant’s permission for the attorney to sign those forms FOR him/her (or, s/he has chance to sign them at or after the time of your video visitation,) the attorney will sign each form (either physically or electronically.)
    3. Filing of Forms: Each form is then to be uploaded as a separate document via the E-Portal. Each individual case number requires each of these forms be filed separately (i.e. for 2 felony cases, you would have 6 separate forms uploaded.) VOP cases do not need the Felony Plea Form nor the DNA form, but DO require a waiver of physical appearance.
    4. Docketing the plea(s): After all 3 forms have been signed and filed,contact Angela Freestone at the clerk’s office (freestone@hillsclerk.com) and copy felonypleas@hillsclerk.com and the case(s) will be added onto on the next available Felony Plea Docket, and a clerk will email you with the date set.
    5. Do Not: File a notice of hearing.
      1. DO NOT contact the letter division judges or judicial assistants to add these cases onto the docket.
    6. For your convenience, the following forms MUST BE REVIEWED WITH THE DEFENDANT AND FILED PRIOR TO REQUESTING A CHANGE OF PLEA HEARING DATE:
      1. Plea form – felony bilingual
      2. Plea form DNA Addendum
      3. Waiver of Presence Addendum to Plea Form (Out-of-Custody Defendants)
      4. 13th Circuit Fingerprint Form
     
  8. Motion Hearings 10 minutes or less without witness testimony FOR OUT OF CUSTODY DEFENDANTS:  
    1. All non-evidentiary motions that require 10 minutes or less of hearing time shall be heard virtually on the Zoom application on Monday and Thursday mornings
    2. These hearings do not include hearings that requires witness testimony. These hearings are restricted to legal argument only.
    3. All motions must be filed with the Clerk of Court prior to obtaining a hearing date from the Judicial Assistant. You may contact the Judicial Assistant at felonydivf@fljud13.org to obtain potential hearing dates for the motion after the motion has been filed with the Clerk of Court.
    4. When requesting a hearing date via email from the Judicial Assistant on any motion, counsel must include a copy of the motion, the case number, and case name in the email sent to the Judicial Assistant.
    5. The Court expects that counsel will confer with one another to select an agreed upon hearing date on either a Monday or Thursday morning at the time designated by the Judicial Assistant. After a hearing date has been agreed upon by the parties counsel shall notify the Judicial Assistant via email at felonydivf@fljud13.org.
    6. The party requesting the hearing shall file a Notice of Hearing with the Clerk of Court, sending a copy to opposing counsel as well to the Court via the Judicial Assistant at the felonydivf@fljud13.org email address. 
    7. g. If an interpreter is needed for the hearing, please contact the Judicial Assistant at Felonydivf@fljud13.org so that arrangements may be made to procure an interpreter.
    8. PLEASE NOTE: It is the responsibility of counsel for the Defendant to either file a written Waiver of the Defendant’s Presence (see #4 above to obtain a copy of this form) at the time the motion is filed, if the Defendant does not wish to appear at the hearing, OR procure a means for the Defendant to appear at the Zoom motion hearing. It is the responsibility of counsel for the Defendant to notify the Defendant when and how to appear at the Zoom hearing.
    9. The Division F “Zoom link” shall be contained in the Notice of Hearing prepared by the party requesting the hearing.
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    11. Attending HearingsParties shall attend the hearings via videoconference through Zoom.  PLEASE DO NOT ATTEMPT TO ATTEND THE HEARING IN PERSON.  Please note the following information about Division F Zoom hearings:
      1. Zoom access linkYou may access the hearing through the following link:  Join URL: https://zoom.us/j/3777074721
      2. Zoom meeting ID:  The Zoom meeting ID is 377 707 4721. 
      3. Zoom ApplicationYou must download the Zoom application to your device from Zoom.us prior to attending the hearing.
      4. ExhibitsAt the time Counsel files the motion, Counsel shall file a “Notice of Filing”, attaching any exhibits that are requested to be introduced into evidence during the hearing.  All exhibits shall be numbered sequentially without using alphabetic characters to identify an exhibit.
      5. Public accessPlease note all court hearings are open to the public and may be observed by anyone. However, all persons will be muted except for the parties involved in the hearing being held.
     
  9. Motion Hearings 10 minutes or more in length or other evidentiary motions with witnesses
    1. a. All motion hearings requiring witness testimony, or greater than 10 minutes in length, shall be heard via Zoom every Tuesday and Thursday afternoon for Defendants who are in custody via the Zoom rooms that are located at the Falkenburg and Orient Road Jail. If the Defendant is not in custody, the Motion shall be heard every Monday afternoon or Thursday morning via Zoom.
    2. The motion must be filed with the Clerk of Court prior to emailing the Judicial Assistant for a hearing date. You must include a copy of the motion, the case number, and case name in the email sent to the Judicial Assistant when requesting a hearing date. The email address for the Judicial Assistant is felonydivf@fljud13.org.
    3. The Court expects that counsel will confer with one another prior to contacting the Judicial Assistant to agree upon the length of the hearing. Once a hearing date has been agreed upon by the parties, counsel requesting the hearing shall advise the Judicial Assistant via the felonydivf@fljud13.org email address of the hearing date selected by the parties.
    4. The party requesting the hearing shall file a “Notice of Hearing” with the Clerk of Court, sending a copy to opposing counsel as well as emailing a copy of the Notice of Hearing to the Judicial Assistant at felonydivf@fljud13.org. The Division F “Zoom link” shall be contained in the Notice of Hearing prepared by the party requesting the hearing.
    5. PLEASE NOTE: It is the responsibility of counsel for the defendant to either file a written Waiver of the Defendant’s Presence (see #4 above to obtain a copy of this form) at the time the motion is filed, if the Defendant does not wish to appear at the hearing, OR procure a means for the Defendant to appear at the Zoom motion hearing. It is the responsibility of counsel for the Defendant to notify the when and how to appear at the Zoom hearing.
    6. Attending HearingsParties shall attend these hearings via videoconference through Zoom. PLEASE DO NOT ATTEMPT TO ATTEND THESE HEARINGS IN PERSON.  Please note the following information about Zoom hearings:
      1. Zoom access linkYou may access the hearing through the following link:  Join URL: https://zoom.us/j/3777074721
      2. Zoom meeting ID:  The Zoom meeting ID is 377 707 4721. 
      3. Zoom ApplicationYou must download the Zoom application to your device from Zoom.us prior to attending the hearing.
      4. Exhibits: At the time Counsel files the motion to be heard by the Court, Counsel shall all file a “Notice of Filing”, attaching any exhibits that are requested to be introduced into evidence. All exhibits shall be numbered sequentially without using alphabetic characters to identify an exhibit.
      5. Public accessPlease note all court hearings are open to the public and may be observed by anyone. However, all persons will be muted except for the parties involved in the hearing being held.
     
  10. Competency Motions:  All motions in which a party is requesting the Court to appoint a doctor for a Court Ordered Forensic Competency Evaluation shall be filed with the Clerk of Court copying the Division F Judicial Assistant via the felonydivf@fljud13.org email address. Once the motion has been received, the Judicial Assistant will advise counsel of the doctor to be appointed from the Court Appointed List as well as the return dates for the evaluation. Counsel requesting the evaluation shall then be responsible for uploading the Order to the Court’s work queue in JAWS for signature.
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  12. Out of custody pleas: The Court now has the ability to accept a “change of plea” for a Defendant that is not in custody. The following link provides the required forms that must be filed prior to requesting a change of plea date from the Judicial Assistant: https://www.fljud13.org/Forms.aspx.
       
    1. Forms to be filed: The following forms are required to be completed for “out of custody” changes of plea:
      1. Plea form – felony bilingual
      2. Plea form DNA Addendum
      3. Waiver of Presence Addendum to Plea Form (Out-of-Custody Defendants)
      4. 13th Circuit Fingerprint Form
    2. Discussion of Forms with Defendant: Use the documents located on the 13th Judicial Circuit Website under Circuit Criminal Justice and Trial Plea Forms – Non Custody - Felony bilingual; DNA Addendum to Plea Form; Waiver of Physical Presence in Court Addendum and 13th Judicial Circuit Fingerprint Form to complete all required forms that must be filed prior to requesting a “change of plea” date from the Felony Division F Judicial Assistant. (hyperlink noted above)
    3. Attorneys are required by the terms of those forms to discuss each of them line by line with the Defendant in person and/or in a private, confidential setting that allows for meaningful discussions between the attorney and the defendant regarding the case(s) and plea(s). Please note that the plea form indicates that the Defendant has seen and agrees with the scoresheet as prepared by the State, so you must go over that document with the Defendant as well, and be prepared to answer questions regarding the same.
    4. Obtaining the Defendant’s Fingerprints: The Defendant is required to report to one of the following substations of the Hillsborough County Sheriff’s Office to have his/her fingerprints rolled on a “Court-supplied” fingerprint card; Monday-Friday from 8:00am to 5:00pm:
      1. District 1: 14102 N. 20th Street, Tampa, Florida
      2. District 2: 2310 N. Falkenburg Road, Tampa, Florida
      3. District 3: 7202 Gunn Hwy., Tampa, Florida
      4. District 4: 508 33rd St. SE, Ruskin, Florida
      5. District 5: 10128 Windhorst Road, Tampa, Florida
      6. Identification Section: 2306 N. Falkenburg Road, Tampa, Florida The Districts have been supplied with a limited number of fingerprint cards to use. There is no charge for Hillsborough County residents and a $10.00 charge (cash only) for Non-Hillsborough County Residents.
    5. Signature on Forms:
      1. VIA VIDEO VISITATION: Once the attorney has fully discussed ALL forms with the Defendant and obtained the Defendant’s permission for the attorney to sign those forms FOR him/her (or s/he has signed the forms at or after the time of your video visitation), the attorney will sign each form (either physically or electronically); OR
      2. IN PERSON: The Defendant shall sign the forms in the presence of the attorney before the plea is scheduled if s/he has met with the attorney in person in preparation for the plea.
    6. Filing of Forms: Each form is then to be uploaded as a separate document via the E-Portal. Each individual case number is required on each of these forms to be filed separately for each case (i.e. for 2 felony cases, you would have 8 separate forms uploaded). VOP cases do not need the Felony Plea Form or the DNA form, but DO require a Waiver of Physical Presence Form and a Fingerprint Form.
    7. Docketing the Plea: All forms must be filed with the Clerk of Court (via E-Portal) prior to the entry of the plea and prior to requesting a hearing date from the Judicial Assistant. This includes scanning a copy of the completed Fingerprint Form.
    8. Requirement to MAIL-IN Fingerprint Form: Immediately following the entry of the plea, attorney is required to send the original Fingerprint Form via US MAIL to:
      Clerk of the Circuit Court
      401 N. Jefferson Street
      3rd Floor, FINGERPRINTS: Attn: Angela Freestone
      Tampa, Florida 33602
    9. IMPORTANT NOTE: THE DEFENDANT MUST APPEAR VIA ZOOM FOR THE “CHANGE OF PLEA” SO THAT THE COURT MAY CONDUCT AN APPROPRIATE PLEA COLLOQUY TO ENSURE THAT THE PLEA IS KNOWINGLY, VOLUNTARILY, AND INTELLIGENTLY ENTERED.
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  14. Pretrial Intervention Cases:  
    1. Pretrial Intervention (PTI cases): All cases in which the State and Defense have agreed to a PTI resolution may now be accomplished WITHOUT THE NECESSITY OF A COURT HEARING.
    2. If the State and Defense have reached an agreement for PTI, the Defense can file the signed PTI Address Verification Form (copied to the State)
    3. File the appropriate PTI Proposed Stipulated Order [In or Out of Custody] filled out entirely with special conditions and reporting date include
    4. Submit to the assigned judge via JAWS when agreed up
    5. Provide the PTI reporting Instructions to the Defendant.
    6. There is no need to docket the case and request a hearing date. You should, however, send a courtesy email to the Judicial Assistant at felonydivf@fljud13.org with name/case number so they can look for the proposed order in JAWS.
    7. For your convenience, below are all the forms that must be completed and filed in the Court file
      1. Out of Custody PTI Stipulated Order
      2. In Custody PTI Stipulated Order with ROR
      3. PTI Address Verification Instructions
      4. PTI Reporting Instructions
     
  15. Timing of MotionsAll motions shall be filed and heard prior to the Pre-trial Conference. All motions not heard prior to the Pre-Trial Conference shall be deemed waived and shall not be grounds for a continuance.  
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  17. Dispositional DatesAt this time, the Court has eliminated interim dispositional dates. This, by no means, should be interpreted that counsel does not have an affirmative duty to continue to conduct discovery on a pending case and file any motions that require the Court to consider. It is incumbent upon a party to obtain a hearing date prior to the Pre-trial Conference date for said motions. Please see # 9 above.  
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  19. Pro Se LitigantsIf you are representing yourself and need assistance in appearing at a videoconferencing hearing or have questions concerning any of the procedures outlined above, you may contact the Judicial Assistant at felonydivf@fljud13.org.
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  21. Division F Zoom access link Please be advised that the Division F Zoom access link is as follows: https://zoom.us/j/3777074721.  The Zoom meeting ID is 377 707 4721.