WHEREAS, Rule 12.615(e), Florida Family Law Rules of Procedure, requires that upon incarceration, contemnors must be brought before the court within 48 hours for a determination of whether they continue to have the present ability to pay the purges previously established, and
WHEREAS, it has been suggested to the undersigned that contemnors who are arrested pursuant to writs of bodily attachment should be brought before judges presiding at First Appearance hearings in order to comply with the provisions of the above-referenced rule;
NOW THEREFORE, I, TERENCE R. PERKINS, Chief Judge of the Seventh Judicial Circuit of Florida, hereby order that persons arrested and incarcerated pursuant to writs of bodily attachment issued in child support matters by judges or child support enforcement hearing officers are to be brought before judges presiding at First Appearance hearings promptly (no later than 48 hours after booking) for independent determinations as to whether they continue to have the present ability to pay the purge amounts previously established.
Nothing in this Order prohibits judges from granting such relief as may be appropriate.
TO BE RECORDED in Flagler, Putnam, St. Johns and Volusia counties.
DONE AND ORDERED in Daytona Beach, Volusia County, Florida this 9th day of January 2014.
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