Serving Flagler, Putnam, St. Johns and Volusia Counties

Serving Flagler, Putnam, St. Johns, and Volusia Counties

CR-2017-013-SC

IN THE CIRCUIT COURT OF FLORIDA, EVENTH JUDICIAL CIRCUIT IN AND FOR FLAGLER, PUTNAM, ST. JOHNS AND VOLUSIA COUNTIES

Re: Processing of Arrest, Complaint and Notice to Appear Paperwork (Adult)

Ref: CR-2017-013-SC

WHEREAS, it has come to the attention of the undersigned that the prompt and efficient administration of justice in the Seventh Judicial Circuit, requires the issuance of an Administrative Order regarding the delivery and processing of paperwork related to arrests, complaints and Notices to Appear in adult cases;

NOW THEREFOREI, TERENCE R. PERKINS, Chief Judge of the Seventh Judicial Circuit, hereby order as follows:

      1. All paperwork related to arrests, including related traffic citations, in cases involving adults in Flagler, Putnam, St. Johns and Volusia counties is to be delivered to the appropriate county jail by the arresting agency.  Jail officials are then to promptly forward the paperwork to the appropriate Clerk of Court’s office.
      2. All paperwork related to complaints in cases involving adults in Flagler, Putnam, St. Johns and Volusia counties is to be delivered promptly to either the State Attorney’s office or the appropriate municipal prosecutor’s office by the arresting agency.
      3. All paperwork related to Notices to Appear issued by arresting agencies, including related traffic citations, in cases involving adults in Flagler, Putnam, St. Johns and Volusia counties is to be delivered promptly to the appropriate Clerk of Court’s office.  The Clerk’s Office is then to promptly forward relevant copies to the State Attorney’s office or the appropriate municipal prosecutor’s office.  Notices to Appear issued by county jail personnel are to be processed pursuant to paragraph #1.
      4. The State Attorney’s office, or the appropriate municipal prosecutor’s office, is to review all complaint paperwork upon receipt and file the originals of said paperwork with the Clerk of Court’s office when they elect to file:
        a) an information
        b) a complaint affidavit, accompanied by a Notice of Intent to Prosecute
        c) a no-information
        d) a request for warrant
        e) a Deferred Prosecution Agreement
        f) a Pretrial Intervention Order.
      5. The Clerk of Court is not to set complaint affidavits issued by arresting agencies for arraignment until the State Attorney or municipal prosecutor has made a filing decision pursuant to paragraph #4 above.  If a warrant is issued, an arraignment is not to be set until the warrant is served.
      6. The assignment of case numbers and the assignment of cases to judicial divisions are the responsibility of the Clerk of Court.

IT IS FURTHER ORDERED that this Order does not apply to paperwork related to delinquent acts by juveniles.  Paperwork related to delinquent acts by juveniles is to be processed pursuant to Chapter 985, Florida Statutes, or other relevant provisions as required by law.

TO BE RECORDED in Flagler, Putnam, St. Johns and Volusia counties.

DONE AND ORDERED in Daytona Beach, Volusia County, Florida, this 30th day of June 2017.

/s/ Terence R. Perkins
Terence R. Perkins
Chief Judge

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Serving Flagler, Putnam, St. Johns and Volusia Counties