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Ex. FL-069 Order Primary source read

Administrative Order No. AOSC21-17

In re: COVID-19 Health and Safety Protocols and Emergency Operational Measures for Florida Appellate and Trial Courts

Chief Justice Charles T. Canady, Supreme Court of Florida · Florida (all State courts) (Court)

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Jurisdiction
Florida (all State courts) · Florida
Level
Court
Authority
Art. V, s. 2(a), Fla. Const.; Rule 2.205; s. 768.38(3)(c)2., Fla. Stat.
Issued
2021-06-04 June 4, 2021
Effective
2021-06-21 (protocols may be implemented from June 21 and must be by Aug. 2, 2021); pandemic emergency orders AOSC20-23, 20-32 and 20-109 terminated 12:01 a.m. June 21, 2021 (read as 2021-06-21)
End
Amended July 29, 2021 (FL-070), Nov. 2021 and Jan. 2022; in force through Q3 2021 (read as 2021-07-29)
In force
June 21, 2021 to July 29, 2021
Quarters
2021 Q22021 Q3
Limitation types
Telework mandateFace-covering requirementCourts and public officesWorkplace rules
Addressees
  • every Florida appellate and trial court
  • participants and observers in court proceedings
Functions reached
  • CT court operations under protocols; remote conduct of proceedings authorized and continued; masks on request; distancing on request
  • OF attorneys and litigants
Collection
Florida FL

Operative words

I.A.(1) The health and safety protocols required under Section I.B. may be implemented by a court as early as June 21, 2021, and must be implemented by all courts by August 2, 2021, unless the Chief Justice authorizes an extension of time.... (2) A court that does not implement the health and safety protocols... on June 21, 2021, must: a. Continue operating pursuant to its Phase 2 operational plan, established under Fla. Admin. Order No. AOSC20-32, Amendment 8... B. Protocols. As provided by section 768.38(3)(c)2., Florida Statutes, courts must make 'a good faith effort to substantially comply with authoritative or controlling government-issued health standards or guidance' during their operations. To this end, unless required by federal, state, or local laws, rules, or regulations, the wearing of face masks and physical distancing are not required during in-person court proceedings; however, during in-person court proceedings: (1) Participants and observers may wear face masks. Upon request, a face mask must be provided to a participant or observer... (2) Participants may request to be physically distanced.... II. EMERGENCY OPERATIONAL MEASURES. The following provisions govern remote and in-person conduct of appellate and trial court proceedings, as applicable, beginning on June 21, 2021.

Enforcement

Binding on all Florida courts

Notes

The Q3 2021 court instrument: emergency operational measures (remote proceedings, suspended rules on remote oaths) remained in force after the general pandemic orders ended.