IN THE CIRCUIT COURT, SIXTH JUDICIAL CIRCUIT,
IN AND FOR PASCO AND PINELLAS COUNTIES, FLORIDA
ADMINISTRATIVE ORDER NO. 2006-083 PI-CIR
RE: REFERRALS TO TRUANCY MAGISTRATE
Administrative Order No. 2006-001 PI-CIR, established a mechanism for referral of truancy petitions to a truancy magistrate. Since that Order was effective on January 3, 2006, on two separate occasions the Juvenile Welfare Board requested substitution of the middle schools participating in the referrals to a truancy magistrate. Those changes were implemented through amendments to the Administrative Order. More recently the Juvenile Welfare Board has provided funding for additional schools to participate. Accordingly to incorporate the previous amendments and specify additional schools, it is necessary to update Administrative Order No. 2006-001 PI-CIR.
By Administrative Order No. 2003-042 PI-CIR, Section U was created in the Sixth Judicial Circuit effective August 1, 2003, to hear truancy petitions filed pursuant to §984.151, Florida Statutes. The purpose of hearings before a truancy magistrate is to reduce truancy in the selected middle schools. The plan to reduce truancy or chronic absenteeism from the selected schools includes the use of a truancy magistrate to hear truancy petitions, filed under §984.151, Florida Statutes, after early diversion efforts such as Teen Court are shown unsuccessful but before a truancy petition would typically be heard in Circuit court.
A truancy magistrate will attend each of the specified schools during the school year; conduct hearings with the involved juveniles and their parents, consider evidence from attendance specialists, case managers and other relevant school workers, and properly sanction students for non-attendance. This early intervention may positively impact the incidence of juvenile substance abuse and crime, and increase juveniles’ opportunities for future success in life.
Pursuant to Rule of Judicial Administration 2.215, the Chief Judge has the authority to adopt administrative orders necessary to ensure the efficient operation of the court system.
Therefore, in order to provide for referral to a truancy magistrate in the selected middle schools, and in accordance with §984.151(3), Florida Statutes, it is hereby
ORDERED:
1. Except as noted, any truancy petition assigned to Section U pursuant to Administrative Order No. 2003-042 PI-CIR and involving a student from one of the following schools will be referred for hearing before the truancy magistrate:
Tarpon Springs Middle School
Oak Grove Middle School
Madeira Beach Middle School
Morgan Fitzgerald Middle School
Largo Middle School
John Hopkins Middle School
Tyrone Middle School
However, any truancy petition filed on an eighth grade student from the above schools during the last 60 calendar days of a school year will not be referred for hearing before the truancy magistrate, but will be heard on the next available Circuit court truancy calendar date. Notwithstanding that exception, if it is known by the Pinellas County School Board Attorney’s Office that an eighth grade student will not be promoted at the end of the school year, the School Board Attorney’s Office shall indicate such in the truancy petition and the petition will be referred for hearing before the truancy magistrate.
2. Upon filing, the Clerk of the Circuit Court will issue a Summons noting the time, date and place to appear before the truancy magistrate along with a truancy magistrate brochure detailing the process and potential benefits of participation in hearings before the truancy magistrate. The schedule for initial appearances before the truancy magistrate will be generated by the Pinellas County School Board Attorney’s Office in accordance with a schedule determined by the Unified Family Court Administrative Judge or his or her designee.
3. Participation in truancy hearings before the magistrate is voluntary. Participants and parents must waive the right to a regular court appearance and the possible finding of truancy under §984.151(5), Florida Statutes, and consent to have the petition heard by a truancy magistrate. Any party that objects to having the petition heard by a truancy magistrate will have his or her petition heard on the next available Circuit court truancy calendar date. Failure to appear for a hearing before the truancy magistrate will be considered an objection to the referral to the truancy magistrate, in which case the magistrate will file a report of the non-appearance by the party. However, if any party fails to appear, the truancy magistrate has the discretion to reschedule the hearing for good cause shown. The Clerk will schedule any petitions for hearing on the regular truancy calendar where the party objects to referral to the truancy magistrate, or the magistrate files a report of non-appearance by the party, or the magistrate files a report indicating unsuccessful compliance with orders of the truancy magistrate.
4. Referral to a truancy magistrate in accordance with §984.151(5), Florida Statutes, and participation in proceedings are entirely voluntary. The truancy magistrate will substantially comply with Fla. R. Civ. P. 1.490 to the extent practical. The truancy magistrate will have the power to administer oaths, take testimony and establish a record, which may be recorded by electronic means in accordance with Administrative Order 2006-065 PA/PI-CIR or subsequent Administrative Order implementing the Sixth Judicial Circuit Court Reporting Plan. The truancy magistrate will have the power and duty to prepare all necessary notices, set hearings, prepare written findings and recommendations to the Court for entry of Orders pursuant to the provisions of §984.151, Florida Statutes. When a student referred to a truancy magistrate under this Administrative Order participates with the truancy hearings and successfully complies with the orders of the truancy magistrate, the truancy magistrate may recommend that the Court dismiss the student’s petition for truancy.
5. This Administrative Order shall serve as the Order of Referral for cases automatically referred to a hearing before the magistrate in accordance with paragraph 1. of this Order, as if an Order of Referral was entered in each individual case.
6. Any Sixth Judicial Circuit fulltime or contracted general magistrate appointed under Fla. R. Civ. P. 1.490, Fla. R. Juv. P. 8.625(h), or §984.151(5), Florida Statutes, may hear these proceedings.
7. Nothing in this Administrative Order affects the assignment of other truancy petitions in accordance with Administrative Order No. 2003-042 PI-CIR.
Administrative Orders 2006-001 PI-CIR, 2006-018 PI-CIR, and 2006-055 PI-CIR are hereby rescinded.
DONE AND ORDERED in Chambers at St Petersburg, Pinellas County, Florida this ____day of October, 2006, nunc pro tunc October 2, 2006.
______________________________
cc: All Pinellas Judges
The Honorable Bernie McCabe, State Attorney
The Honorable Bob Dillinger, Public Defender
The Honorable Ken Burke, Clerk of the Circuit Court, Pinellas County
Carol Heath, Director, Court Services Division, Pinellas County Clerk’s Office
Clayton M. Wilcox, Superintendent, Pinellas County Schools
Karen Sierra, Senior Contract Manager, Juvenile Welfare Board of Pinellas County
Patricia Gerard, Vice President Pinellas Programs, Family Resources
Laurie A. Dart, Staff Attorney, Pinellas County Schools
Gay Inskeep, Trial Courts Administrator
Bar Associations, Pasco and Pinellas Counties
Law Libraries, Pasco and Pinellas Counties