WHEREAS, it has been made known to the undersigned that the prompt and expeditious administration of justice in Volusia County requires the publication of a revised case assignment order for the various divisions of the circuit court;

        NOW THEREFORE, I, LEAH R. CASE, Chief Judge of the Seventh Judicial Circuit of Florida, hereby order that effective January 2, 2024, cases filed in the Circuit Court in and for Volusia County are to be assigned as follows:

 

A. CRIMINAL

1. All circuit criminal (felony) cases in the Western Division (excluding Grand Jury indictments) are to be assigned equally to Divisions 07 and 08.

2. All circuit criminal (felony) cases in the Eastern Division (excluding Grand Jury indictments) are to be assigned as follows:

 • Division 40 – 29%
 • Division 41 – 13%
 • Division 42 – 29%
 • Division 43 – 29%

3. All circuit criminal (felony) cases from the New Smyrna Beach, Edgewater, and Oak Hill areas (excluding Grand Jury indictments) are to be assigned to Divisions 40, 41, 42, and 43 in the same percentages as reflected in section A (2) above. Circuit criminal (felony) cases from the New Smyrna Beach, Edgewater, and Oak Hill areas previously disposed of in Divisions 07 and 08 are to remain assigned to said divisions if reopened. Likewise, all circuit criminal (felony) cases from these areas with outstanding warrants issued by Divisions 07 and 08 are to remain assigned to said divisions upon service of such warrants.

4. Grand Jury indictments are to be assigned equally to Divisions 07, 08, 40, 41, 42, and 43.

5. All felony drug court cases in the Eastern Division are to be assigned to Division 21. All felony drug court cases in the Western Division are to be assigned to Division 22.

 

B. FAMILY LAW

1. The following types of cases are considered part of the Family Law Division:

 • Dissolution of Marriage (includes Simplified)
 • Custody, Parental Responsibility, Time-Sharing, Parenting Plans, Visitation
 • Child Support (includes UIFSA)
 • Temporary Custody by Extended Family (Chapter 751, Fla. Stat.)
 • Separate Maintenance
 • Annulment
 • Declaratory action related to prenuptial, marital settlement, or postnuptial agreements
 • Injunction for Protection (Domestic Violence, Repeat Violence, Dating Violence, Sexual Violence, Stalking)
 • Name Change
 • Paternity
 • Adoption
 • Pre-Adoption Termination of Parental Rights (TPR) (Chapter 63, Fla. Stat.)• Juvenile Delinquency
 • Truancy
 • Sexting (Section 847.0141, Fla. Stat.)
 • Juvenile Dependency
 • Injunction to Prevent Child Abuse (Section 39.504, Fla. Stat.)
 • Termination of Parental Rights (TPR) (Chapter 39, Fla. Stat.)
 • Juvenile Emancipation
 • Children / Families in Need of Services (CINS/FINS)
 • Waiver of Parental Notice of and Consent for Abortion

2. With the exception of cases arising in zip codes 32132, 32141, 32168, 32169, 32170, 32754, 32759, and 32764, all Juvenile Delinquency, Truancy, Sexting, Juvenile Dependency, Injunctions to Prevent Child Abuse, TPR (Chapter 39, Fla. Stat.), Juvenile Emancipation, CINS/FINS, and Waiver of Parental Notice of and Consent for Abortion cases in the Western Division are to be assigned to Division 05. Also, other types of family cases involving children in juvenile dependency court in the Western Division are to be assigned to Division 05.

3. In addition to cases arising in zip codes 32132, 32141, 32168, 32169, 32170, 32170, 32754, 32759 and 32764, all Juvenile Delinquency, Truancy, Sexting, Juvenile Dependency, Injunctions to Prevent Child Abuse, TPR (Chapter 39, Fla. Stat.), Juvenile Emancipation, CINS/FINS, and Waiver of Parental Notice of and Consent for Abortion cases in the Eastern Division are to be assigned equally to Divisions 37 and 38. Also, other types of family cases involving children in juvenile dependency court in the Eastern Division are to be assigned to the division to which the related juvenile dependency case is assigned (Division 37 or 38).

4. All Unified Family Court cases in the Western Division are to be assigned to Division 05. All Unified Family Court cases in the Eastern Division are to be assigned to Divisions 37 and 38.

5. All Family Law cases in the Western Division pertaining to Dissolution of Marriage, Custody, Parental Responsibility, Time-Sharing, Parenting Plans, Visitation, Child Support, UIFSA, Temporary Custody by Extended Family, Separate Maintenance, Annulment, Declaratory Judgment related to premarital, marital, or post-marital agreements, Injunction for Protection (Domestic Violence/Repeat Violence/Dating Violence/Sexual Violence/Stalking), Name Change, Paternity, Adoption, and Pre-Adoption TPR (Chapter 63, Fla. Stat.) are to be assigned equally to Divisions 03 and 04.

6. All Family Law cases in the Eastern Division pertaining to Dissolution of Marriage, Custody, Parental Responsibility, Time-Sharing, Parenting Plans, Visitation, Child Support, UIFSA, Temporary Custody by Extended Family, Separate Maintenance, Annulment, Declaratory Judgment related to premarital, marital, or post-marital agreements, Injunction for Protection (Domestic Violence/Repeat Violence/Dating Violence/Sexual Violence/Stalking), Name Change, Paternity, Adoption, and Pre-Adoption TPR (Chapter 63, Fla. Stat.) are to be assigned equally to Divisions 35 and 36.

 

C. PROBATE / GUARDIANSHIP / INCAPACITY / TRUST / MENTAL HEALTH /
MEDICAL TREATMENT PROCEDURES

1. All probate, guardianship, incapacity, and trust cases are to be assigned to Division 10.

2. All injunctions for protection against exploitation of vulnerable adults (Section 825.1035, Fla. Stat.) are to be assigned to Division 10.

3. All cases seeking expedited judicial intervention concerning medical treatment procedures are to be assigned to Division 10.

4. All guardianship cases involving children in juvenile dependency court are to be assigned to Division 10.

5. All cases seeking court approval of pre-suit settlement of minors’ claims are to be assigned to Division 10.

6. All Adult Protective Service Act (Chapter 415, Fla. Stat.) and Tuberculosis Control Act (Chapter 392, Fla. Stat.) cases are to be assigned to Division 10.

7. All cases related to the involuntary admission of an intellectually disabled person to residential services (Section 393.11, Fla. Stat.) are to be assigned to Division 10.

8. All Baker Act (Chapter 394, Part I, Fla. Stat.) cases are to be assigned to Division 02. However, the judge assigned to Division 83 is to handle Baker Act cases on a temporary basis.

9. All cases related to firearm disability relief (Section 790.065, Fla. Stat.) and risk protection order (Section 790.401, Fla. Stat.) cases are to be assigned to Division 01.

10. All Marchman Act (Chapter 397, Fla. Stat.) cases are to be assigned to Division 32.

 

D. GENERAL CIVIL

1. All circuit civil cases not specifically assigned otherwise, including, but not limited to, cases seeking court approval of pre-suit settlement of adults’ claims, are considered part of the General Civil Division.

2. All Involuntary Civil Commitment of Sexually Violent Predator cases in the Western division are to be assigned to Division 31. All such cases previously assigned to Division 02 are to be reassigned to Division 31.

3. All other general civil cases in the Western division are to be assigned equally to Divisions 01 and 02.

4. All Involuntary Civil Commitment of Sexually Violent Predator cases in the Eastern division are to be assigned to Division 31. All such cases previously assigned to Division 02 are to be reassigned to Division 31.

5. All other general civil cases in the Eastern division are to be assigned equally to Divisions 31 and 32.

6. All general civil cases in which a geographical division (Western, Eastern) cannot be determined are to be assigned randomly to Divisions 01, 02, 31, and 32.

7. All Orders to Show Cause concerning failures to appear for jury duty as instructed in the Western and Eastern divisions are to be assigned to Division 01.

8. Miscellaneous civil actions/writs such as habeas corpus, certiorari, mandamus, or prohibition that are related to a closed or pending criminal or mental health case are to be assigned to the division that handled the criminal or mental health case. Any such civil actions/writs that ae related to an out-of-county criminal case are to be assigned randomly to judges in the Criminal (Felony) Division. Any such actions/writs that are not related to a criminal or mental health case are to be assigned randomly to judges in the General Civil Division.

 

E. APPEALS AND REVIEWS OF QUASI-JUDICIAL ACTIONS

1. All reviews of quasi-judicial actions and other matters in which the circuit court has appellate jurisdiction are to be assigned equally to Divisions 01, 02, 31, and 32.

2. Upon reassignment of the assigned judge to a different division, the appeal/review remains assigned to said judge until completion.

        IT IS FURTHER ORDERED that the Clerk of Court’s office shall assign cases as specified in this Order. If any uncertainty or ambiguity arises concerning the assignment of a case, the Clerk’s office should refer the matter to the Court Administrator’s office for resolution by the Chief Judge (see Kruckenberg v. Powell, 422 So. 2d 994).

        IT IS FURTHER ORDERED, rescinding administrative order G-2023-040-VL effective January 2, 2024.

TO BE RECORDED in Volusia County, Florida.

DONE AND ORDERED in Daytona Beach, Volusia County, Florida, this 20th day of December 2023.