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“Circle”
Designations
Documents Associated with
Designations/Events
A1 –
Investigation
and Arrest
Process
Warrant, Arrest Report/Affidavit,
Complaint, Booking Report,
Summons, Capias
A2 – First
Appearance
Process
1st appearance/bail hearing –
paperwork/court file goes to court
event
A3 – Charging
Process
Information or Indictment filed in
court file
A4 – Diversion
process
Diversion program initiation
paperwork
A5
Diversion program
failure/completion paperwork
Clerk Functions
Discussion Points
1. Review paperwork for correct county
2. Create case/data entry (if SO does not create
case when booking)
3. Determine confidentiality and redaction
requirements of file, documents, and
information (ongoing as documents are added to
court file)
1. Attend hearing and take forms
2. Determine indigence if done in courtroom; if
not, after court
3. Data entry to note actions taken in court –
setting bond, adding PD if indigent, adding any
release conditions
4. Set subsequent hearings and issue notices
 Show forms: Subpoenas, search warrants,
arrest warrants, capias, probable cause
affidavits
 Discuss investigative process – Don
 8:20 – 8:40
1. Clock, docket, and file
2. Schedule follow up events like arraignment
(may be ordered by court)
3. Keep in mind that SAO files an information
(charging document) on some cases, and takes
more serious offenses to the grand jury for
issuance of an indictment
1. Clock, docket, file and complete work flow
2. Receipt payments for program (drug, bad check,
etc.)
1. Clock, docket, file and complete work flow
2. If failed, reopen and notice for court event
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 “Clock, docket and file” – what that
means, why necessary, how redaction and
confidentiality define this process
(confidentiality to be discussed on
Wednesday) - Gypsy
 Indigence application form and
determination process – Gypsy
 Surety, property, v. cash bonds; clerk
responsibilities pertaining to bond agent
registration process – Don and Jean
 1st appearance function – Don
 8:40 – 9:15
 Show forms
 Discuss difference between indictment
and information (jury to be discussed on
Wednesday) – Don
 9:15 – 9:25
 Discuss pretrial intervention, drug court,
and diversion programs. Seem to be on
the rise w/ adult citation programs; more
of these, less costs and fines for clerk to
collect – Don
 9:25 – 9:40
 Discuss pretrial intervention and diversion
programs. Seem to be on the rise w/ adult
citation programs; more of these, less
A6
Notice of appearance
1. Data entry – enter attorney on case
2. Provide access to file/copies of information to
attorney if requested
A7 Arraignment
Case file goes to court for
arraignment hearing (whenever
court file is taken to court/presented
to judge, insure local practice is
followed about “loose papers” and
that docketing is current)
1. Attend hearing
2. Data entry to note actions taken in court
3. Set subsequent hearings and issue notices
A8 – Motion
Hearings
Case file goes to court for motion
hearings
A9
Notice of appeal, order addressing
competency
1. Attend hearing
2. Data entry
3. Evidence marking and acceptance
4. Swearing in of witnesses
5. Docket pleadings that may be filed in court
6. If defendant fails to appear, insure judge
announces forfeiture of bond and follow up with
ch. 903 responsibilities; issue capias if ordered
by judge
1. Clock, docket and file notices of appeal
2. Clock docket and file competency orders –
insure MECOM requirements met
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costs and fines for clerk to collect – Don
 9:25 – 9:40
 Discuss PD, OCCCRC, and conflict registry
maintained by clerk vs. private counsel –
Gypsy
 Discuss attorney access to items in general
(confidentiality discussion is on
Wednesday) – Gypsy
 9:40 – 10:00
 Discuss arraignments - Don
 Starting with this hearing type and
continuing with others, any FTA brings on
new clerk responsibilities for bonds – 5 day
notice; count 60 days for payment; no
payment, then judgment to be handled in
circuit court; responses to agent/surety
motions for remission, to set aside
judgment, etc. New state focus on bond
monies, the DFS audit. Jean’s previous
work on the BP. How cash bond monies
can be applied to all outstanding costs and
fines, including restitution, on all cases,
per FS 903.286 – Gypsy and Jean
 10:15 – 11:00
 Forms: Evidence tracking sheet or
application (evidence handled on
Wednesday)
 Discuss motions – Don
 11:00 – 11:10
 With interlocutory appeals, party can file a
motion to appeal before the case is final
(motions to suppress, motions in limine,
motions concerning competency, etc.) –
A10 – Trial
Case file goes to court for trial
A11 Disposition
Case file goes to court for disposition
hearing
A12 –
Sentencing
Case file goes to court for sentencing
hearing. PSI (pre sentence
investigation can be filed by DOC;
confidential if filed)
1. Attend hearing
2. Data entry
3. Evidence marking and acceptance
4. Swearing in of witnesses
5. Docket pleadings that may be filed in court
1. Attend hearing
2. Data entry
3. If adjudication pursuant to negotiated plea, case
can go to court only for sentencing; if no plea
and trial, separate hearings
4. Depends on the judge, depends on the division
as to who prepares J&S forms
1. Attend sentencing
2. Data entry
3. Prepare J&S form and commitment packet for
DOC prison terms
4. After court, set up payment plans, receipt
payments, monitor for compliance (send to
collections law firm, suspend DL w/ notice to
DHSMV)
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Don
 11:10 – 11:20
 Evidence tracking sheet or application
(evidence handled on Wednesday)
 Jury tracking sheet or application
 Discuss trials – Don
 11:20 – 11:35
 Evidence tracking sheet or application
(evidence handled on Wednesday)
 Discuss dispositions – Don
 11:35 – 11:45
 Discuss sentencing, including capital v.
non-capital - Don
 Evidence tracking sheet or application
(evidence handled on Wednesday)
 After conviction and sentencing, time for
clerk collections, FS 938.30. What is your
in-house collections process? Set up
payment plans, send late notices, request
suspension of DLs per FS 322.245(5), send
cases to collection agencies/law firm per
FS 28.246(6) (90 days outstanding),
responses to pro se motions (for DL
reinstatement, for civil judgments, for
recall from collections, etc.). How will you
track and automate? – Gypsy
 Discuss how monies are distributed to the
various TFs under FS 28.246(5), helpful
FCCC guide in showing TFs, amounts by
offense, etc. – Gypsy
 Postconviction/sentencing, a defendant
can petition to seal or expunge a criminal
case, ch. 943 and Rule 3.692 – Gypsy
 1:15 – 2:00
A13 – VOP
process
A14
A15 – Post
trial motions
C1 – VOP
Process
C2
Violation paperwork filed with clerk
if defendant unsuccessful on
probation
If probation is sentence, paperwork
noting early termination may be
submitted
Motions for new trial and/or
withdrawal
1. Data entry
2. Clerk attends subsequent hearings/sentencing
 Discuss VOP process, mainly in next
section with next flowchart - Don
1. Data entry
 Discuss VOP process , mainly in next
section with next flowchart - Don
Case file to judge
1. Pull file to send to judge
C4
Presentence investigation
documents
Presentence investigation
documents
Case file to sentencing hearing
C5
Oral – no documents
C6
C7
C11
Probation/community control order
VOP paperwork – affidavit, violation
report and warrant
Successful probation/discharge
paperwork
Court order to revoke, modify, or
continue probation
Court order to commit or release the
defendant, or dismiss the VOP
charge
Lunsford Act paperwork
C12
VOP notice of hearing
C3
C8
C9
C10
1. Data entry
2. Depending on the judge, set the hearing and
issue notice to parties
3. Attend hearings
 After these motions, a notice of appeal can
be filed within 30 days – county to circuit,
or county or circuit to DCA/FSC. Discuss
Rule 9 and clerk timelines for record
preparation, efiling records, etc. – Gypsy
 2:00 – 2:15
2:15 – 2:30
Don
1. Docket if filed
2. Insure confidentiality if filed
1. Docket if filed
2. Insure confidentiality if filed
1. Attend court
2. Data entry
1. Attend court
2. Data entry
Clock, docket and file
Clock, docket and file
Don
Clock, docket and file if received
Don
Clock, docket and file
Don
Clock, docket and file
Don
1. Pursuant to FS 903.0351, attend hearing re
sexual offenders seeking release
2. Data entry
1. Attend hearing
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Don
Don
Don
Don
Don
Don
Discuss VOP process, but also note that
2. Data entry
B1 – Post
Conviction
Relief Process
B2
B3
Motion for post-conviction relief
Clock, docket and file
Case file to court
Case file to court
Case file to judge
1. Attend hearing - required in death penalty cases
to determine whether an evidentiary hearing is
required and hear legal arguments on an
ineffective assistance of counsel motion
2. Data entry
1. Attend hearing
2. Data entry
1. Attend hearing
2. Data entry
1. Attend hearing
2. Data entry
1. Attend hearing
2. Data entry
1. Attend hearing
2. Data entry
Case file to judge
B4
Case file to court
B5
Case file to court
B6
Case file to court
B7
Case file to court
B8
Case file to court
B9
Case file to judge
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appeals can flow from the final VOP order Don
2:30 – 2:45
Don
Don
Don
Don
Don
Don
Don
Don
Discuss postconviction process but also note
that appeals can flow from the final
postconviction order - Don