IN THE CIRCUIT COURT, SIXTH JUDICIAL CIRCUIT,
IN AND FOR PASCO AND PINELLAS COUNTIES,
FLORIDA
ADMINISTRATIVE ORDER NO. 2009-051 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, the Juvenile Welfare Board has requested modifications to 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 stated that two schools are
becoming fundamental schools and will no longer be part of the magistrate
program. Accordingly, it is necessary to
update the Administrative Orders.
Pursuant to Rule of Judicial Administration 2.215
and §43.26, Florida Statutes, 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:
|
Azalea Middle School |
|
John Hopkins Middle School |
|
Largo Middle School |
|
Lealman Middle School |
|
Meadowlawn Middle School |
|
Morgan Fitzgerald Middle School |
|
Oak Grove Middle School |
|
Osceola Middle School |
|
Tarpon Springs 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
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 general magistrate appointed under Fla. R.
Civ. P. 1.490, Fla. R. Juv. P. 8.625(h), or §984.151(3), 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 2006-083 PI-CIR,
2006-095 PI-CIR, 2006-113 PI-CIR, 2007-094 PI-CIR, and 2008-067 PI-CIR are
hereby rescinded.
DONE AND ORDERED in
Chambers at Clearwater, Pinellas County, Florida this ____day of August, 2009.
______________________________ J. Thomas McGrady, Chief
Judge
cc: All
Pinellas Judges
The
Honorable Bernie
The
Honorable Bob Dillinger, Public Defender
The
Honorable Ken Burke, Clerk of the Circuit Court, Pinellas County
Jackson
Flyte, Regional Counsel
Suzanne M. Mucklow, Executive
Director, Pinellas County Clerk’s Office
Julie M. Janssen, Superintendent,
Pinellas County Schools
Karen Sierra, Contract Manager,
Juvenile Welfare Board of Pinellas County
Patricia Gerard, Vice President
Pinellas Programs, Family Resources
Elizabeth Turner, Pinellas County Schools
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