Broward County's Local Rules of Court
Florida
17th Judicial Circuit

LOCAL RULE 1A | COURT DIVISIONS

IN RE:
COURT DIVISIONS

IN THE CIRCUIT COURT OF THE SEVENTHEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY
FLORIDA

LOCAL RULE NO. 1A
(Redrafted but unchanged)

In accordance with the authority vested in the Chief Judge by Rule 2.050 of the Florida Rules of Judicial Administration, it is

ORDERED that:

Five divisions of the Circuit Court are created for the administration and management of court proceedings.

(1) General Civil Division
(2) Criminal Division
(3) Probate Division
(4) Juvenile Division
(5) Family Division

The Family Court Division hears all suits, proceedings, or matters that affect one family. These shall include dissolution of marriage, simplified dissolution of marriage, child custody and support, URESA, domestic violence, name changes, adoptions, paternity suits, modification proceedings, support without dissolution, and juvenile dependency.

DONE AND ORDERED in chambers in Fort Lauderdale, Broward County, Florida this 6th day of October, 1999.

	/s/DALE ROSS
	DALE ROSS, Chief Judge

LOCAL RULE 2B | ALTERNATE METHOD OF DRAWING JURY, VENIRE PURSUANT TO 40.225, FLORIDA STATUTES

IN RE:
ALTERNATIVE METHOD OF DRAWING JURY VENIRE PURSUANT TO 40.225, FLORIDA STATUTES

IN THE CIRCUIT COURT OF THE SEVENTHEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY
FLORIDA

LOCAL RULE 2B

WHEREAS, the source of jury selection in the Seventeenth Judicial Circuit, in and for Broward County, Florida is defined by Chapter 40, Florida Statutes.

WHEREAS, the source list for jury selection shall be certified by the Clerk of the Circuit Court of the Seventeenth Judicial Circuit in and for Broward County (the "Clerk").

WHEREAS, the Clerk's Technology Department is designated the official custodian of the computer files to be used in the selection of petit and grand juries and shall at all times be charged with seeing that the files and equipment to be used in such selection are not accessible to anyone other than those directly involved in the selection of venire as herein provided.

It is hereby RESOLVED:

A. The Clerk, in accordance with Florida Statutes, Chapter 40.02(3), shall direct the Clerk's Technology Department to rebuild the Jury Master file in the following manner:

1. The source file that is used to create the Jury Master file in the IBM 3090 mainframe is maintained by the Office of Information Technology of Broward County. Upon completion of the creation of the Jury Master file, the source tape is copied to tape storage for the purpose of certification and is kept secure by the Clerk.

2. Upon the direction of the Chief Judge or his designee, pursuant to the provisions of Chapter 40.221 and Chapter 40.02(3), Florida Statutes, the Director of Jury Administration enters the jury requirements for a selection into his/her computer terminal. The Clerk approves all requirements prior to the selection process. The Clerk's Technology Department requests the Office of Information Technology to run the Jury Selection process based on a predefined schedule. All jurors previously deferred to the current selection date are added to the file. Once the deferrals are added to the file, the remainder of jurors needed from the Master file are randomly selected in accordance with random number generator (See Attachment A for random selection method). These jurors are added to the Jury Pool file which contains the jurors summoned for the year. Following the selection process, summonses are produced, passed through a glue-folder and mailed.

B. Security is essential to the selection process. In order to control unauthorized personnel from entering the computer facility, electronic security measures are enforced using a key card. Individual key cards are monitored through a centralized database. All software applications are protected by a computerized password security system.

DONE AND ORDERED, in chambers in Fort Lauderdale, Broward County, Florida this 1st day of July, 2004.

	/s/DALE ROSS
	DALE ROSS, Chief Judge

LOCAL RULE 3 | TRAFFIC VIOLATIONS BUREAU COURT COSTS, TRAFFIC AND MISDEMEANOR CASES

IN RE:
TRAFFIC VIOLATIONS BUREAU COURT COSTS, TRAFFIC AND MISDEMEANOR CASES

IN THE CIRCUIT COURT OF THE SEVENTHEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY
FLORIDA

LOCAL RULE NO. 3

In accordance with the authority vested in the Chief Judge by Rule 2.050 of the Florida Rules of Judicial Administration, it is

ORDERED that:

1. Pursuant to Rule 6.100(a) Florida Rules of Practice and Procedure for Traffic Courts, there is hereby established a Traffic Violations Bureau within the office of the Clerk of the County Court, which bureau shall perform such duties as are prescribed by said rule.

2. In accordance with the provisions of Rule 6.470(b), Florida Rules of Practice and Procedure for Traffic Courts, in cases where no hearing is required or held and the offender admits the commission of the offense by forfeiting a bond or paying the penalty, the following costs shall be deducted from the penalty by the Traffic Violations Bureau:

(a) Three dollars for all infractions of bicycle regulations, Section 316.11, Florida Statutes, and infractions of pedestrian regulations, Section 316.057, Florida Statutes.

(b) Six dollars for all non-moving traffic infractions, and

(c) Ten dollars for all moving infractions.

DONE AND ORDERED in chambers in Fort Lauderdale, Broward County, Florida this First day of November, 1988.

	/s/MIETTE K. BURNSTEIN
	MIETTE K. BURNSTEIN, Chief Judge

LOCAL RULE 4 | APPROVAL OF NATIONAL HIGHWAY SAFETY COUNCIL DEFENSIVE DRIVING COURSE

IN RE:
APPROVAL OF NATIONAL HIGHWAY SAFETY COUNCIL DEFENSIVE DRIVING COURSE

IN THE CIRCUIT COURT OF THE SEVENTHEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY
FLORIDA

LOCAL RULE NO. 4

In accordance with the authority vested in the Chief Judge by Rule 2.050 of the Florida Rules of Judicial Administration, it is

ORDERED that:

Pursuant to the provisions of Rule 6.110(a), Florida Rules of Practice and Procedure for Traffic Courts, the Defensive Driving course sponsored by the National Highway Safety Council is approved as a school to which attendance may be required by a court handling traffic cases and infractions, or to which attendance may be elected by persons cited for non-mandatory appearance traffic infractions.

Any other school or course may apply to the Chief Judge for designation as an approved school by submitting its credentials and course program in writing to the Court Administrator, who shall evaluate same and recommend approval or disapproval thereof to the Chief Judge. Any school disapproved by the Chief Judge may appeal such decision by petition to the Traffic Court Review Committee, as authorized by Rule 6.110(b).

DONE AND ORDERED in chambers in Fort Lauderdale, Broward County, Florida this First day of November, 1988.

	/s/MIETTE K. BURNSTEIN
	MIETTE K. BURNSTEIN, Chief Judge

LOCAL RULE 5 | APPROVAL OF D.W.I. COUNTERATTACK SCHOOL

IN RE:
APPROVAL OF D.W.I. COUNTERATTACK SCHOOL

IN THE CIRCUIT COURT OF THE SEVENTHEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY
FLORIDA

LOCAL RULE NO. 5

In accordance with the authority vested in the Chief Judge by Rule 2.050 of the Florida Rules of Judicial Administration, it is

ORDERED that:

Pursuant to the provisions of Rule 6.110(a), Florida Rules of Practice and Procedure for Traffic Courts, the D.W.I. Counterattack School operated by the Broward County Commission on Alcoholism, Inc., is designated as an approved school to which attendance may be required by the Courts of this circuit.

A copy of the annual audit furnished by said school to the Florida D.W.I. Counterattack School shall be simultaneously furnished to the Court Administrator of the Seventeenth Judicial Circuit.

DONE AND ORDERED in chambers in Fort Lauderdale, Broward County, Florida this First day of November, 1988.

	/s/MIETTE K. BURNSTEIN
	MIETTE K. BURNSTEIN, Chief Judge

RULE 7 | PETITIONS FOR REHEARINGS - CIVIL DIVISION

[VACATED]

LOCAL RULE 8 | ORDERS FOR SIGNATURE - CIVIL DIVISION

IN RE:
ORDERS FOR SIGNATURE - CIVIL DIVISION

IN THE CIRCUIT COURT OF THE SEVENTHEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY
FLORIDA

LOCAL RULE NO. 8

In accordance with the authority vested in the Chief Judge by Rule 2.050 of the Florida Rules of Judicial Administration, it is

ORDERED that:

In addition to the requirements of Rule 1.080(h)(1), Florida Rules of Civil Procedure, a party submitting an Order or Judgment shall furnish the Court with sufficient copies together with stamped envelopes addressed to all parties entitled to receive a copy.

Proposed Orders or Judgments must be furnished opposing counsel prior to submission to the court. Proposed orders or judgments must be titled to conform with the motion to which it refers. Language in the order or judgment not agreed as conforming to the court's pronouncement shall be brought to the attention of the court.

The proposed order shall indicate date of the hearing on which the order is predicated.

Attorneys for the movant shall have at Motion Calendar Hearings all proposed orders and judgments together with the appropriate stamped envelopes where applicable.

Unless the Court directs otherwise, proposed orders on non-Motion Calendar Hearings must be prepared by the prevailing or designated counsel and submitted to the Court for consideration within 48 hours after said hearing. Copies of all such orders, after entry, shall be conformed and mailed by the Clerk of Court, or the judge's secretary, within 48 hours.

Final judgments pursuant to a jury verdict shall be submitted to the Court for its consideration within 48 hours following rendition of said verdict.

DONE AND ORDERED in chambers in Fort Lauderdale, Broward County, Florida this 1st day of June, 1989.

	/s/MIETTE K. BURNSTEIN
	MIETTE K. BURNSTEIN, Chief Judge

LOCAL RULE 10A | UNIFORM MOTION CALENDAR - EX PARTE MOTIONS TO COMPEL DISCOVERY, AND SPECIAL SET HEARINGS (EFFECTIVE BEGINNING 3/5/18)

IN RE:
UNIFORM MOTION CALENDAR - EX PARTE MOTIONS TO COMPEL DISCOVERY, AND SPECIAL SET HEARINGS (EFFECTIVE BEGINNING 3/5/18)

IN THE CIRCUIT COURT OF THE SEVENTHEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY
FLORIDA

LOCAL RULE NO. 10A

In accordance with the authority vested in the Chief Judge by Rule 2.215(e) of the Florida Rules of Judicial Administration, it is ORDERED that:

UNIFORM MOTION CALENDAR

1. The Circuit Court Judges of the general civil/family divisions (excluding juvenile/dependency) shall maintain a uniform motion calendar from 8:45 A.M. to 9:30 A.M., Monday through Thursday. Business and Complex Litigation divisions shall set any motion calendars per their procedures. All parties shall be prepared to proceed at 8:45 A.M., and if one party fails to timely appear, the matter may proceed on the merits in that party’s absence. A party is defined as:

(1) any entity or individual that is represented by counsel; or

(2) any self-represented person.

2. All motions set on motion calendar shall be scheduled electronically using the 17th Judicial Circuit Online Scheduling System, which can be found at http://www.17th.flcourts.org/index.php/self-help/online-scheduling. Any person scheduling a motion calendar shall set same a minimum of five (5) days in advance of the hearing. Self-represented parties may obtain permission to utilize the Online Scheduling System. Prior to setting any matter on uniform motion calendar, the party or parties noticing the motion shall attempt to resolve the matter by direct communication with all parties, and shall also certify a good faith attempt to resolve or narrow the issues contained in the motion. Direct communication means by oral or written communication, including by telephone, in person, email, or text messaging. All time requirements regarding the scheduling of hearings shall be governed by the Florida Rules of Civil Procedure, Florida Family Law Rules of Procedure, or Florida Rules of Judicial Administration, as applicable.

3. All persons scheduling cases on motion calendar or special set hearings shall review the practices and procedures of the assigned judge at http://www.17th.flcourts.org. As a matter of courtesy to the court, the moving party shall bring to the uniform motion calendar hearing a hard copy of the motion(s), pleading(s), or underlying document(s) that is/are the subject of the hearing. Failure to comply with this requirement of Rule 10A may result in sanctions, including an award of attorney’s fees, or the suspension of online scheduling privileges.

4. To comply with the above good faith certification, every party scheduling a motion for a uniform motion calendar hearing shall execute the following certification in the body of the notice of hearing:

I hereby certify that
A) the movant has conferred or attempted to confer with all parties or self-represented parties who may be affected by the relief sought in the motion in a good faith effort to resolve the issues raised in the motion; and

B) the issues in the motion may be heard and resolved by the court within five (5) minutes.

5. Cancelling motion calendar hearings. The scheduling party shall utilize the Online Scheduling System to cancel any hearing. The filing of a notice of cancellation, without also cancelling using the Online Scheduling System, is insufficient to cancel a uniform motion calendar hearing. Only the scheduling party or the court may cancel a uniform motion calendar hearing. The cancelling party shall also generate an email advising all parties of the cancellation of the hearing. It is the responsibility of all parties to check their email regarding the cancellation of hearings. Cancelling pending uniform motion calendar hearings in this manner is a courtesy to other parties who may schedule their matter in the cancelled time slot.

6. Hearings requiring the presentation of evidence are NOT permitted on uniform motion calendar, unless permitted by the division judge. Additionally, multiple discovery matters, including lengthy or complex disputes regarding interrogatories or requests for production, that exceed the five (5) minute limitation on uniform motion calendar hearings, shall not be scheduled on uniform motion calendar, unless otherwise permitted by the assigned judge. However, motions to approve minor settlements in civil cases may be scheduled on uniform motion calendar. Any motion to withdraw from a case must evidence service on the client.

7. Ex parte matters, non-evidentiary motions, and uncontested proceedings for adoptions, paternity, or dissolution of marriage may be heard on uniform motion calendar, provided such matters can be heard and resolved by the court in five (5) minutes, as required by the certification in paragraph 4 above.

8. No more than a total of two (2) matters per case may be scheduled on any one uniform motion calendar day, unless otherwise approved by the division judge. Parties shall review each Judge’s practices and procedures for guidance. This information can be found at http://www.17th.flcourts.org.

9. Any party requesting relief shall bring to the uniform motion calendar hearing a prepared proposed order with sufficient copies for all parties. The party submitting the order(s) for entry by the court shall be responsible to serve such order(s) on all interested parties, as required by applicable rules of the Florida Rules of Judicial Administration.

10. Judges have limits on the number of cases that can be scheduled using the Online Scheduling System. If you are unable to schedule your matter on a specific date, it is likely because the docket is full and there are no additional time slots available. Please schedule on an alternate date.

11. Agreed Orders. All agreed orders shall be uploaded and transmitted to the court via the 17th Circuit Court agreed order portal. Information relating to uploading an agreed order can be found at . Agreed orders that are permitted to be uploaded, include:

(1) orders which are agreed as to the form and content;

(2) Local Rule 10A ex parte orders;

(3) orders which are the result of a ruling by the court in which the language is agreed to by all parties;

(4) final judgments approved by the court at a hearing;

(5) any order which a judge orders a party to submit via the online agreed order portal; and

(6) orders re-validating subpoenas for trial.

No correspondence should be uploaded with any agreed order. Any final order or final judgment approving a stipulation for dismissal or settlement agreement shall not be uploaded for approval until the stipulation or settlement agreement is electronically filed and accepted by the Clerk of Court.

12. When a motion to compel alleges a complete failure to respond or object to discovery, and no request for extension has been filed, an ex parte order may be entered requiring compliance with the original discovery demand within ten (10) days of the execution of the order. The moving party must submit a proposed order via the 17th Judicial Circuit online agreed order portal indicating a complete failure to respond to the discovery citing non-compliance with Local Rule 10A. Any ex parte discovery order under this rule shall not contain language regarding attorney’s fees. Sanctions may be imposed if discovery is not completed within ten (10) days from the date the judge executes the ex parte order.

SPECIAL SET HEARINGS

1. All matters, other than uniform motion calendar hearings, shall be scheduled in accordance with the practices and procedures of each individual judge. This information can be found at http://www.17th.flcourts.org. All pleadings, affidavits, or other materials shall be provided to the court as required by each judge’s published practices and procedures. The parties are directed to comply with all time requirements as set forth in the Florida Rules of Civil Procedure, Florida Family Law Rules of Procedure, or the Florida Rules of Judicial Administration, as applicable.

2. Cancelling special set hearings. It shall be the responsibility of the scheduling party to utilize the Online Scheduling System to cancel any hearing set using the Online Scheduling System. The filing of a notice of cancellation, without also cancelling using the Online Scheduling System, is insufficient to cancel a special set hearing. The cancelling party shall also generate an email advising all parties and the court’s judicial assistant of the cancellation of the hearing. It is the responsibility of all parties to check their email regarding the cancellation of hearings. Any special set hearing that is scheduled by the court may only be cancelled when:

(1) the parties have reached an agreement on the matter(s) subject of the specially set hearing;

(2) there exists an emergency; or

(3) the court has approved the cancellation.

Cancelling in this manner is a courtesy to other litigants who may schedule their matter in the cancelled time slot. Email addresses for each division can be located on each individual judge’s practices and procedures webpage on the Seventeenth Judicial Circuit’s website.

3. All special set hearings shall contain the following language in the body of the notice of hearing:

I hereby certify that I have made a good faith attempt to resolve this matter by having direct communication about the matter with all parties, prior to my noticing this motion for hearing.

Direct communication means by oral or written communication, including by telephone, in person, email, or text messaging.

4. Prior to appearing before the court, the parties shall have direct communication regarding the issues raised in the pending motion, and all parties shall be prepared to certify at the hearing that they have made a good faith effort to resolve the issues, as required to be included in the notice of hearing by paragraph (3) above.

5. Failure to comply with the procedures designated in Local Rule 10A may result in a hearing being stricken from the docket, suspension of online scheduling privileges, an award of attorney’s fees, or such other sanction as may be permitted by Florida law or other rules of court.

MOTIONS FOR EMERGENCY RELIEF

1. Any motion seeking emergency relief as to any circuit civil or family matter shall comply with existing Administrative Orders governing emergencies, which can be found at http://www.17th.flcourts.org/index.php/rules-and-policies/administrative-orders.

DONE AND ORDERED in Fort Lauderdale, Broward County, Florida, on March 5, 2018.

	/s/ Jack Tuter
	Jack Tuter, Chief Judge

LOCAL RULE 11 | COUNTY COUNTY CIVIL - EX PARTE MOTIONS TO COMPEL DISCOVERY AND SPECIAL SET HEARINGS

IN RE:
COUNTY COUNTY CIVIL - EX PARTE MOTIONS TO COMPEL DISCOVERY AND SPECIAL SET HEARINGS

IN THE CIRCUIT COURT OF THE SEVENTHEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY
FLORIDA

LOCAL RULE NO. 11

In accordance with the authority vested in the Chief Judge by Florida Rule of Judicial Administration 2.050, it is ORDERED that:

EX PARTE MOTIONS TO COMPEL DISCOVERY

1. When a motion to compel discovery alleges a complete failure to respond or object to discovery, and there has been no request for extension, a county judge may enter an ex parte order requiring compliance with the original discovery demand within ten (10) days of entry of the order. Movant shall submit the proposed order and the envelopes. Sanctions may be imposed if discovery is not completed within ten (10) days from the date of entry of the ex parte order, necessitating a hearing on a motion to compel, or if a party fails to appear for a properly noticed hearing on a motion to compel.

SPECIAL SET HEARINGS

2. Special set hearings in county court may only be canceled by parties if an agreement on the merits has been reached and the parties have entered into a written stipulation or with court approval.

3. Prior to setting a special set hearing, the party or attorney noticing the motion for hearing shall attempt to resolve the matter and shall certify the good faith attempt to resolve.

4. To comply with the above, every attorney setting a hearing shall execute the following certification:

I hereby certify that I have made a good faith attempt to resolve this matter prior to my noticing this motion for hearing.

5. Prior to appearing before the court, the parties shall discuss the issues raised in the pending motion, and both parties shall be prepared to certify at the hearing they have made a good faith effort to resolve the issues.

6. Failure to comply with the procedures designated in the above paragraphs may result in the hearing being stricken from the docket or such other sanctions as the court deems appropriate.

DONE AND ORDERED in Fort Lauderdale, Broward County, Florida this 29th day of June, 2001.

	/s/DALE ROSS
	DALE ROSS, Chief Judge

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Please consult the official text (click here).

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Broward County's Local Rules of Court
Florida
17th Judicial Circuit

LOCAL RULE 1A | COURT DIVISIONS

LOCAL RULE 2B | ALTERNATE METHOD OF DRAWING JURY, VENIRE PURSUANT TO 40.225, FLORIDA STATUTES

LOCAL RULE 3 | TRAFFIC VIOLATIONS BUREAU COURT COSTS, TRAFFIC AND MISDEMEANOR CASES

LOCAL RULE 4 | APPROVAL OF NATIONAL HIGHWAY SAFETY COUNCIL DEFENSIVE DRIVING COURSE

LOCAL RULE 5 | APPROVAL OF D.W.I. COUNTERATTACK SCHOOL

RULE 7 | PETITIONS FOR REHEARINGS - CIVIL DIVISION

LOCAL RULE 8 | ORDERS FOR SIGNATURE - CIVIL DIVISION

LOCAL RULE 10A | UNIFORM MOTION CALENDAR - EX PARTE MOTIONS TO COMPEL DISCOVERY, AND SPECIAL SET HEARINGS (EFFECTIVE BEGINNING 3/5/18)

UNIFORM MOTION CALENDAR

SPECIAL SET HEARINGS

MOTIONS FOR EMERGENCY RELIEF

LOCAL RULE 11 | COUNTY COUNTY CIVIL - EX PARTE MOTIONS TO COMPEL DISCOVERY AND SPECIAL SET HEARINGS

EX PARTE MOTIONS TO COMPEL DISCOVERY

SPECIAL SET HEARINGS

DISCLAIMER

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Broward County's Local Rules of CourtFlorida17th Judicial Circuit

LOCAL RULE 1A | COURT DIVISIONS

LOCAL RULE 2B | ALTERNATE METHOD OF DRAWING JURY, VENIRE PURSUANT TO 40.225, FLORIDA STATUTES

LOCAL RULE 3 | TRAFFIC VIOLATIONS BUREAU COURT COSTS, TRAFFIC AND MISDEMEANOR CASES

LOCAL RULE 4 | APPROVAL OF NATIONAL HIGHWAY SAFETY COUNCIL DEFENSIVE DRIVING COURSE

LOCAL RULE 5 | APPROVAL OF D.W.I. COUNTERATTACK SCHOOL

RULE 7 | PETITIONS FOR REHEARINGS - CIVIL DIVISION

LOCAL RULE 8 | ORDERS FOR SIGNATURE - CIVIL DIVISION

LOCAL RULE 10A | UNIFORM MOTION CALENDAR - EX PARTE MOTIONS TO COMPEL DISCOVERY, AND SPECIAL SET HEARINGS (EFFECTIVE BEGINNING 3/5/18)

UNIFORM MOTION CALENDAR

SPECIAL SET HEARINGS

MOTIONS FOR EMERGENCY RELIEF

LOCAL RULE 11 | COUNTY COUNTY CIVIL - EX PARTE MOTIONS TO COMPEL DISCOVERY AND SPECIAL SET HEARINGS

EX PARTE MOTIONS TO COMPEL DISCOVERY

SPECIAL SET HEARINGS

DISCLAIMER

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Broward County's Local Rules of Court
Florida
17th Judicial Circuit

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