IN THE COURTS OF SANTA ROSA COUNTY

IN AND FOR THE STATE OF FLORIDA

ADMINISTRATIVE DIRECTIVE SRCAD 1993-01

IN RE: DOMESTIC RELATIONS POLICIES AND PROCEDURES OF THE

CIRCUIT COURT, SANTA ROSA COUNTY, FLORIDA

WHEREAS, it is necessary to establish uniform policies and procedures for domestic

relation proceedings;

WHEREAS, domestic relations proceedings include: dissolutions of marriage, paternity,

any matters relating to child support, custody, and visitation, URESAs, adoptions, repeat
violence, domestic violence, name changes, and modifications of final judgments of dissolutions
of marriage; it is

ORDERED AND ADJUDGED:

1. EFFECTIVE DATE: These administrative policies and procedures shall be

effective February 1, 1993.

2. APPLICABILITY: This administrative directive applies to all domestic

relation proceedings filed in the Circuit Court, First Judicial Circuit, Santa Rosa
County, Florida. Parties representing themselves and counsel for parties shall
abide by these policies and procedures. Whenever the term “counsel” appears in
this directive, it is defined to include parties representing themselves.

3. MEDIATION: With the exception of dependency proceedings, mediation will be

fully utilized as authorized by sections 44.102 and 61.183, Florida Statutes and
Florida Rules of Civil Procedure 1.700 - 1.740. In all domestic relation
proceedings where child custody or child visitation is at issue, referral to
mediation will be made pursuant to the Order of Court dated May 1, 1991. When
an agreement is reached through mediation, counsel for the petitioner shall present
a copy of that agreement to the Court at the appropriate hearing.

4. TEMPORARY INJUNCTIONS WITHOUT NOTICE: Applications for

temporary injunctions without notice shall be in compliance with Florida Rules of
Civil Procedure Rule 1.610 and may follow substantially the form provided in
that rule. Further, counsel should be familiar with the case Hathcock v. Hathcock,
533 So.2d 802 (Fla. 1st DCA 1988). Independent applications for temporary
injunctions on domestic or repeat violence should be in compliance with
applicable statutory law.
5. UNIFORM CHILD CUSTODY JURISDICTION ACT STATEMENTS AND
ALLEGATIONS: In every custody proceeding (including dependency, repeat
violence and domestic violence where the custody of minor children are
involved), each party shall comply with Florida Statutes §61.132 which requires a
party, in his/her first pleading or in an affidavit attached to that pleading, to
provide information mandated by the Uniform Child Custody Jurisdiction Act.
This requirement applies to all dissolution of marriage cases involving minor
children, whether contested or uncontested, and any other custody proceedings
addressed by the Act.

6. FINANCIAL AFFIDAVITS: When required by Florida Statutes §61.30(12) and

Florida Rules of Civil Procedure Rule 1.611(a), financial affidavits must be
timely filed by both parties. The financial affidavit must be in the form required
by Florida Rules of Civil Procedure Rule 1.975. If a party fails or refuses to file a
financial affidavit when required, opposing counsel may move ex parte for an
order requirement the party to do so.

Financial affidavits shall be filed in uncontested dissolutions, whether represented

by counsel or not, even though child support or alimony has been agreed upon in a
marital settlement agreement. If the parties’ financial circumstances change
during the pendency of the proceedings, amended updated financial affidavits
must be filed prior to or at the time of hearings or trials.

7. CHILD SUPPORT GUIDELINE WORKSHEETS: A child support guideline

worksheet must be prepared and presented to the Court by any party requesting an
award of child support whether at a temporary hearing, contested trial,
modification of child support hearing or uncontested final hearing where a marital
settlement agreement has been reached. If the opposing party does not stipulate to
the correctness of the worksheet submitted, he or she must present a separate
worksheet.

8. INCOME DEDUCTION ORDERS: An Income Deduction Order and Notice to

Payor (in compliance with Section 61.1301, Florida Statutes) must be prepared
and presented to the Court before it will enter an order establishing, enforcing or
modifying an alimony or child support obligation. This requirement will only be
waived upon a showing that an income deduction order would be impractical.

9. MOTIONS TO COMPEL DISCOVERY: Motions to compel discovery will not

be heard unless the motion or the notice of hearing bears a certificate of the
moving counsel to the effect that he or she has contacted opposing counsel and
attempted to resolve the matter without a hearing but that the matter could not be
resolved. When a motion to compel alleges a complete failure to respond or
object to discovery, and there has been no request for extension, an ex parte order
may be entered requiring compliance with the original discovery demand within
ten (10) days of the signing of the order. The movant shall submit the proposed
order and the necessary number of envelopes.
 10. MOTIONS FOR CONTINUANCE: Florida Rules of Judicial Administration
Rule 2.085(c) requires that any motion for continuance be in writing and signed
by the party making it as well as the attorney. A stipulation for continuance does
not automatically continue as case.

11. CROSS-NOTICING MOTIONS: There will be no cross-noticing of motions

or “piggybacking” of one or more motions upon a previously scheduled motion
unless counsel first contacts the judge’s judicial assistant to confirm that the
calendar will accommodate the hearing of such additional matters at the scheduled
time.

12. WRITTEN CALCULATION OF ARREARAGE: Whenever enforcement of

delinquent child support, alimony or other money payment arrearage is sought,
moving counsel must present to the Court, with a copy handed to opposing
counsel or party, a written calculation sheet showing how the arrearage was
calculated. If payments were required to be made through the Clerk of the Court,
a clerk’s certificate current as of the date of the last payment due prior to the
hearing shall be obtained and presented to the Court with a copy handed to
opposing counsel or party. If interest on the arrearage is requested, its amount and
method of computation must likewise be shown on the written calculation sheet.

13. COPIES OF PROPOSED ORDERS: Copies of all orders directly affecting the
parties, e.g., temporary relief, contempt, income deduction orders, and all
judgments, shall be mailed or delivered to counsel. The attorney preparing the
proposed order or judgment shall furnish the Court with a sufficient number of
copies for this purpose. If certified copies are sought from the clerk, the
transmittal letter should so indicate that only the original is being sent for
signature and certified copies are being requested from the clerk.

14. INDIVIDUAL JUDGES MISCELLANEOUS POLICIES AND

PROCEDURES: Each judge has his or her own policies and procedures
regarding such miscellaneous matters as case management procedures, telephone
hearings, in-camera interview of child witnesses, motions for rehearing, etc.
Counsel desiring to ascertain the judge’s policy or procedure on such a matter may
make inquiry of the judge or the judicial assistant.

DONE AND ORDERED in Chambers, Santa Rosa County Courthouse, Milton, Florida
on this 26th day of January, 1993.

Signed by: Paul Rasmussen, Administrative Judge