WHEREAS, Rule 3.130 of the Florida Rules of Criminal Procedure permits first appearance by electronic audiovisual device, and Rule 2.050(3) of the Florida Rules of Judicial Administration, charges the chief judge with the responsibility of developing an administrative plan for the efficient and proper administration of the courts, and
    WHEREAS, the use of electronic audiovisual devices facilitate the efficient and proper administration of the criminal courts, and should be utilized in the counties of the circuit where said technology and equipment exists, and
    WHEREAS, the Support Enforcement Hearing Officer Program, see Admin.Order No. 5.880 (D), has been requested by the Administrative Judge of the Family Law Division, to utilize the electronic audiovisual devices/equipped courtrooms for addressing civil arrestees in Title IV-D and  non-IV-D proceedings, pursuant to Rule 12.491 of the the Florida Family Law Rules of Procedure, therefore, it is

    ORDERED
 
    I.   EVENTS.
        A.  First appearances and the pre-first appearance conferences shall be conducted through the closed circuit television system which links the courthouse with the detention facility.
        B.  Persons arrested in cases arising from civil orders of arrest shall also be brought before the Circuit Judge, Acting Circuit Judge or the Support Enforcement Hearing Officer on behalf of the Circuit Bench via the closed circuit television system.  Civil arrestee cases conducted through the closed circuit television system shall include all civil arrestee cases in Alachua County pursuant to executed Orders of Arrest, Writs of Attachment, Detainers, transfers/transported arrestees, etc.,  initiated in full or in part, as a result of Rule 12.491 of the the Florida Family Law Rules of Procedure, and/or separate order of the Circuit Bench in the areas of Paternity Establishment, Post Judgement Modification Orders, and Enforcement Orders.
        C.  At the discretion of the presiding judge, this technology may be used at other court events unless otherwise prohibited by statute or rule.

    II.  LOCATION OF PARTICIPANTS
        A. In criminal arrests,  the following personnel shall be present either physically or by closed circuit television, unless excused by the presiding judge upon the written request of the participant: (1)Representatives of the Court Alternatives Program, (2) an assistant state attorney, (3) bailiff, and (4) deputy clerk of the court.  The aforementioned personnel shall be present at the courthouse from the commencement of the pre-first appearance conference until released by the presiding judge.    (5) The assistant public defender shall be present at the detention facility while  participating in the first appearance proceeding via the closed circuit television system.  If the assistant public defender elects to participate in a different location, the assistant public defender  shall make such request in writing and have it approved by the presiding judge.  With the approval of the request, the assistant public defender shall notify all participants within a reasonable time so that the proceedings are not disrupted.
        B. In the cases of support enforcement hearings and civil arrests, the following personnel shall be present either physically, or by electronic audiovisual device unless excused by a Circuit Judge; (1) DOR-CSE Case Analyst, (2) DOR Contract Counsel or Legal Service Provider, (3) a bailiff, and (4) the assistant public defender (if appointed for the arrestee) or any such other legal representative of the arrestee.

III. PUBLIC.
    The proceedings under this order are open to the public, who shall view them from the courthouse by way of closed the circuit television system.  The attendance of the public at the detention facility is not permitted.

IV.  OPERATION OF EQUIPMENT.
    Court reporting practices and the operation of the electronic audiovisual equipment, which sends the images over the closed circuit television system,  shall be governed by Administrative Order Nos. 1.1110 and this order.  In the event of equipment malfunction which would prevent the use of the electronic audiovisual equipment during said proceeding, an alternative mechanical recording device as approved by court administration shall be used if the audiovisual equipment at the detention facility cannot be utilized for the record of the proceedings.  The administrator of the detention facility or the administrator's designee shall provide and maintain the alternative equipment in satisfactory operational condition.  In the event of equipment malfunction, and any alternative/backup mechanical devices fail, then the staff at the detention facility shall make arrangements later that same day to transport the subject arrestees to the courthouse for continuation of the hearings under this Administrative Order.

V. CIVIL ARRESTEES - REPORT - RECOMMENDATION AND ORDERS
    Upon a Circuit Judge, Acting Circuit Judge, or the Support Enforcement Hearing Officer in the judge's place, concluding these subject civil arrestee hearings, the appropriate Notice and/or Report-Recommendation and Orders shall be executed and provided to the detention facility in a timely fashion.

VI.   This order supersedes and amends Administrative Order No. 1.1190, dated April 26, 1994; and Administrative Order No. 1.1190(a), dated September 7, 1995.

    ORDERED on April 3rd, 2000.