COUNTY CRIMINAL DIVISION D PROCEDURES
Attorneys, at all times, shall conduct themselves consistent with the Guidelines for Professional Conduct set forth on the Florida Bar Website, as well as the HCBA Standards of Professionalism, and abide by the requirements of Administrative Order 2025-012.
STANDING PRETRIAL ORDER FOR CASES IN DIVISION D:
Due to the disparity of practices amid procedures in the various courtrooms within the Criminal Division of County Court, and in an effort to promote uniformity, consistency, and professionalism within the division, the Court hereby enters this Pretrial Order, which shall, consistent with the Florida Rules of Criminal Procedure, govern the manner and methods by which attorneys shall practice in this Court. For good cause shown, this Court may modify or waive these procedures on an individual basis.
SCHEDULING:
To schedule a hearing, please email the Judicial Assistant (JA) at CrimDivD@fljud13.org. You must have all parties copied on the email directed to the Judicial Office unless an ex parte communication is authorized by law. All communications with the Judicial Office must comply with Canon 3 of the Code of Judicial Conduct, which prohibits a Judge from initiating, permitting, or considering ex parte communications and from considering other communications outside the presence of the parties concerning a pending or impending proceeding, unless authorized by law. Please put the Defendant’s name and case number in the subject line. Failure to do so will result in a delay in response.
NOTICES OF HEARING:
Contact JA by email, copying all parties/counsel for dates. When date is agreed to and the JA responds to the email with a date, you have 24 HOURS to file your Notice of Hearing.
**If the Notice of Hearing is not filed within 24 hours, the date may no longer be available.**
ALL CASES AND HEARINGS IN COUNTY CRIMINAL DIVISION D ARE HELD IN PERSON. Attorneys and their client(s) are EXPECTED to attend disposition hearings unless a written waiver has been previously filed with the Court. In certain circumstances the Court MAY require the appearance of the defendant regardless of whether a written waiver has been previously filed. The Defendant and Attorney are REQUIRED to appear at all arraignments and pretrial conference hearings.
All Assistant State Attorneys and Assistant Public Defenders are REQUIRED to be in the Courtroom at least 30 minutes prior to the dockets start time.
ARRAIGNMENTS:
Any case set for arraignment in which a Notice of Appearance has been filed by Private Counsel will be set for a disposition hearing if a Waiver of Speedy Trial is also filed. If a Waiver of Speedy Trial is not filed with a Notice of Appearance, the Defendant and Attorney MUST APPEAR IN PERSON at the Arraignment hearing. Defendants who are not in custody must appear in court personally at Arraignment hearings.
Defendants who are in custody and scheduled for arraignment will be transported to court. If a defendant will be resolving their case at arraignment, please notify the JA at least 24 hours prior to the arraignment date with the name and case number.
DISPOSITIONS:
Attorneys and the Defendant are expected to attend disposition hearings. It is Defense Counsel’s responsibility to notify the Defendant when to appear at the hearing. If the case is not resolving, it is Defense Counsel’s responsibility to file a written Waiver of the Defendant’s presence. Attorneys have the option to ask for a new date in court or submit a Request for New Court Date form to the JA. Attorneys who are not on the disposition form list may contact the JA and request to be put on the list in order to receive a form by email.
An attorney failing to attend a disposition hearing without obtaining coverage and/or contacting the JA, most likely will result in the case being set for trial and may result in a warrant being issued for the arrest of the defendant.
Defendants who are in custody and scheduled for disposition will not be transported to court unless they are going to resolve their cases. If the defendant will be resolving their case at a disposition hearing, please notify the JA at least 24 hours prior with the name and case number, as well as letting the JA know if they need to be transported to accept their offer.
PLEAS:
ALL PLEAS ARE IN PERSON, UNLESS A PLEA IN ABSENTIA HAS BEEN PREVIOUSLY APPROVED BY THE COURT. Negotiated pleas should be conveyed to and fully discussed with the defendant prior to announcing the plea in Court. Such discussion should include the minimum and maximum penalties and the issues covered in Rule 3.172. If counsel wishes to address the Court on any issue regarding the plea, this should be done at the time the plea is first announced, not after the plea colloquy has been concluded.
** DEFENDANTS APPEARING IN COURT TO ACCEPT A PLEA MUST BE SOBER. IF A DEFENDANT APPEARS IN THE COURT’S PRESENCE UNDER THE INFLUENCE OF ANY KIND OF DRUGS (ILLEGAL OR PRESCRIBED), MARIJUANA OR ALCOHOL THAT IN THE COURT’S DISCRETION INTERFERS WITH THE DEFENDANT’S ABILITY TO UNDERSTAND THE TERMS OF THE PLEA OR THE CONSEQUENCES OF THE SAME, THE COURT WILL NOT ACCEPT THE PLEA ON THAT DATE.**
The Court regularly schedules changes of pleas, and will conduct them on its next available motion docket, if earlier than Defendant’s next scheduled disposition or pretrial hearing.. Please email the Judicial Assistant to schedule Change of Pleas, as well as including opposing counsel. Out-of-custody defendants accepting a term of incarceration must appear in person for their plea.
A written Plea in Absentia must be presented to the court that comports with the requirements of Florida Rule of Criminal Procedure 3.172. If a plea being entered is for an enhanceable offense, the written colloquy must include an acknowledgement that the defendant has been advised of the enhancement ramifications for said offense should the defendant reoffend in the future for that offense.
PIAs for any enhanceable offenses, and in any case in which the defendant is being placed on probation, must include, in addition to the plea forms: full fingerprints, acknowledgement and waiver of rights in absentia, and a written waiver of personal appearance in court.
PIA packets should be filed with the Clerk via the Florida E-Portal and must be received before the date of the hearing. For cases requiring fingerprints, a scanned copy of the prints must be filed as well. No documents are required to be provided to the Court as the Court will rely on the case file. A plea of guilty or no contest to a criminal offense will not be accepted based strictly on counsel stating that they have their client’s authority to enter the plea when the defendant is not present and counsel does not have a written plea in absentia to present to the court.
For your convenience, the following links below give access to the forms that MUST BE REVIEWED WITH THE DEFENDANT:
- Acknowledgement and Waiver of Rights in Absentia
- Plea Form and Waiver of Rights
- 13th Circuit Fingerprint Card
PROCEDURES FOR CHANGE OF PLEAS REGARDING NVDL: Effective 7/1/24 Florida Statute 322.03 was amended and the offense of driving with No Valid Driver’s License is an enhanceable offense in Florida. Pursuant to 322.03(1)(b)3 a third conviction requires a mandatory 10-day jail sentence. As such, pleas of guilty or no contest shall require:
- Either a written plea form with your client present and a plea colloquy to be conducted in open court or
- A fully executed written plea in absentia form which includes prints which can be submitted at or in advance of the plea hearing. The plea in absentia form shall indicate that the defendant understands that the offense of NVDL is an enhance able offense.
MOTIONS:
All pretrial motions to suppress, motions to dismiss, motions in limine requiring evidentiary hearings, and motions to exclude shall be filed and served upon opposing counsel at least 14 days prior to the hearing date.
Motions that counsel would like to have heard must be filed before asking for a hearing date.
All pretrial motions shall be in writing and heard prior to the date of the pretrial conference, except where otherwise specified. No motion, other than a legitimate emergency motion, will be set for a hearing unless the motion is electronically filed with the clerk prior to contacting the Judicial Assistant for a hearing date and time. The JA will check the court file when a request for a hearing is made to determine whether the motion is in the file. If the motion is not in the file, the motion will not be set for a hearing absent a representation from counsel that the motion has been filed but has not yet appeared for viewing. This process is facilitated if the attorney filing the motion includes the JA email address on the e-filing. Please include the case number and defendant’s name in the subject line when requesting a court date. As a reminder: once a date is provided, you have 24 HOURS to file your Notice of Hearing.
DISCOVERY MOTIONS AND MOTIONS IN LIMINE:
All Motions in Limine and all motions pertaining to discovery disputes SHALL contain a statement by the moving party that a good faith attempt to resolve the matter without Court involvement has been made and SHALL describe the manner in which the attempt was made. Motions to Compel Discovery should be filed within 10 days after the date Discovery is due. Motions to Compel More Adequate Responses to Discovery should be filed within 10 days of receipt of the alleged incomplete Discovery. Lack of diligence in pursuing remedies for discovery disputes will be considered in determining whether to grant a continuance or to which party a continuance should be charged.
CASE LAW: A paper copy of all cases, statutes, exhibits, rules or other citations of authority a party wishes the Court to consider MUST be provided to the Court at least two business days prior to the hearing on the motion. Cases (should be printed in traditional two column format) and other citations must be cited in the motion.
COMPETENCY MOTIONS:
All motions in which a party is requesting the court to appoint a doctor for a Court Ordered Forensic Competency Evaluation must be filed with the Clerk of Court. Once the motion has been filed, the Judicial Assistant can be emailed for a court date. If the Court decides an evaluation is appropriate at the motion hearing, the Judge will inform Counsel of the doctor to be appointed from the Court Appointed Psychiatrist/Psychologists for Competency Evaluations to Stand Trial list, as well as the return date for the evaluation. The Counsel requesting the evaluation shall be responsible for uploading the Order to the Court’s work queue in the E-Portal for signature.
Motions for Discharge, Motions for Speedy Trial, and Notices of Expiration of Time for Speedy Trial are the only motions and notices accepted by the Clerk without a Notice of Hearing. Upon receipt of a Motion for Discharge, Motion for Speedy Trial, and Notice of Expiration of Time for Speedy Trial, the Clerk will immediately contact the JA for a hearing time. After obtaining a hearing time, the Clerk will notify all necessary parties.
PRETRIALS:
Except for good cause shown, all evidentiary and other motions must be filed, heard and resolved prior to the Pretrial Conference (Administrative Order 2024-015).
The defendant is required to appear, in person, at all Pretrial Conference hearings, or a warrant may be issued for the defendant.
The Court recognizes the term “Pretrial Conference” as used in Florida Rules of Criminal Procedures 3.180(a)(3) and 3.220(o)(1) to refer to any hearing held prior to a trial. However, this Court specifically uses the term “Pretrial” to refer to the last hearing scheduled before a Jury Trial (as distinguished from disposition dates or motion hearings).
The defendant’s personal presence at the pretrial hearing is vital because it gives the Court the opportunity to conduct a colloquy regarding any plea offers from the State as well as ensure the defendant is aware of any and all minimum and maximum sanctions. Without their presence, the Court cannot discern the defendant’s understanding of the potential penalties and ascertain that they are knowingly and voluntarily choosing to proceed to trial. Further, the Court uses the pretrial hearing to assess whether the parties are prepared for trial. The Court finds it necessary for the defendant to personally participate in these proceedings as it is the last opportunity to resolve the case prior to Trial and to ensure the defendant is aware of the status of the case.
Therefore, the Court finds attendance in person at a Pretrial Conference is a good cause finding and the Court can require the attendance of the defendant. Jimenez v. State, 201 So. 3d 214 (2nd DCA 2016).
MOTION TO CONTINUE PRETRIAL OR TRIAL:
A disposition sheet shall not be used for a case set for Pretrial. Any motion for continuance for pretrial or trial date MUST state whether any prior motion for continuance has been filed and must, as with any other motion, be in WRITING and be set and heard prior to the trial date. Stipulated Continuances will not be considered by the Court.
Attempts to continue the day of pre-trial require both the attorney and Defendant to be present. A failure to appear at pre-trial WILL result in the case being struck from the trial docket and a warrant being issued for the arrest of Defendant.
Any continuance granted at or after the pretrial conference will be governed by the Florida Rule of Criminal procedure 3.190(f) and will be granted only upon written motion and a finding of good cause.
TRIALS:
This Court expects all parties to be prepared and ready for trial on the morning of the trial date. Defendants who are late to court on trial morning should expect a warrant to be issued. All objections made during trial, or any other evidentiary proceeding shall be supported by specific statutory authority or case law, which shall be provided, if requested by the Court, at the time of the objection. A paper copy of all cases (printed in traditional 2 column format), statutes, exhibits, rules or other citations of authority a party wishes the Court to consider MUST be provided to the Court during trial.
JURY SELECTION AND TRIAL SUBPOENAS:
County Criminal Division D will conduct Jury Selection on Tuesdays at 8:30am on Trial Weeks, unless otherwise discussed at Pretrial. Please ensure your trial subpoenas are for the period beginning the Monday prior to Division D’s jury pick day and ending the following Monday.
JURY INSTRUCTIONS:
The State shall email proposed Jury Instructions to the JA no later than 3pm on the Monday of the week of trial, being sure to copy opposing counsel. The parties shall attempt to agree on the jury instructions, before submitting them to the Court. If the parties cannot agree on the instructions, they should specifically indicate those that have not been agreed to at the beginning of the page of the non-agreed to jury instruction. The Defense may submit any specially requested jury instructions that have not been agreed to by the State at the same time the State is required to provide jury instructions. If you have not resolved your case at Pretrial, you should anticipate going to trial.
WITNESS LIST:
At the same time jury instructions are submitted, counsel for the State and the Defendant shall furnish to each other, and the Court and clerk, and file via E-Portal, a list of the names of all witnesses who are expected to testify at the trial of this cause (preferably in the numerical order in which they are to be called).
EXHIBITS:
Exhibits shall be pre-marked sequentially and each page of an exhibit numbered. The parties shall attempt to agree to as many exhibits as possible prior to the start of the trial. At or before jury selection, counsel for the State and counsel for the Defendant shall furnish each other, and the Court and clerk, and file via E-Portal, an Exhibit List with exhibits numbered that correspond to all exhibits that have and are to be marked and introduced into trial.
EXHIBIT/EVIDENCE VIEW:
Prior to jury selection, counsel for the State and for the Defendant are directed to meet together by agreement, to review all evidence to be introduced into trial (and as contained on the Exhibit List(s)). Prior to opening statements, each counsel shall confer with each witness to review all exhibits planned to be referred to during testimony of that witness to ensure identification/authentication of evidence is done prior to the witness being called before the jury. No hearing or trial shall be delayed or continued beyond the scheduled starting time because an attorney needs to confer with a witness or review evidence with a witness.
If a Defendant is entitled to a Jury Trial but elects to have a Non-Jury Trial, the Defendant must personally sign and file with the court a Waiver of Jury Trial form. A written document requesting a trial date without specifying a jury or non-jury trial will be deemed a request for a jury trial unless a Waiver of Jury Trial form has been previously filed. If a non-jury trial date is to be set at arraignment or pretrial conference, and a Waiver of Jury Trial form has not been filed, the defendant must be present at the arraignment or pretrial conference.
PROBATION HEARINGS:
VIOLATION OF PROBATION & PROBATION MOTIONS:
The Court will not accept stipulated orders to withdraw VOP warrants or set bond. You will need to file a motion prior to emailing the JA and opposing counsel for a court date. Counsel shall have the defendant’s jail credit ready before the case is called in court. All motions pertaining to probation will be set for a hearing by the JA.
VOP EVIDENTIARY HEARINGS:
All evidence, orders, judgments and other documents you wish to use or have entered into evidence at the VOP hearing must be submitted via E-filing at least four business days prior to the date of the scheduled hearing. Notice and copies should also be emailed to opposing counsel and to the Court. Any updates to the VOP affidavit regarding completed conditions must be provided to probation at least four business days prior to the date of the scheduled hearing.
PRO SE/SELF-REPRESENTED LITIGANTS & PROBATION:
For pro se, self-represented defendants, after you fill out your motion to terminate or modify probation, you will file it with the Clerk of Court. Once filed, the Clerk’s Office will contact the JA for a date and time. Once a date and time has been provided, notice will be sent out to all parties.
E-FILING INFORMATION:
Information about E-Filing is available from the Hillsborough County Clerk Website.