Whereas, Florida Rule of Judicial Administration 2.050 (2000) and Florida Family Law Rule of Procedure 12.490 (2000) provide for the appointment of a general master from among the members of the Florida Bar; and

Whereas, the use of a general master for dependency proceedings is necessary to relieve the excessive dependency caseload, assist in the timely processing of termination of parental rights, and facilitate timely adoptions in Alachua, Gilchrist and Levy Counties; and

Whereas, the costs necessary to provide the services shall be funded by a yearly, renewable grant administered through the Department of Children and Families, District Three; it is therefore

ORDERED as follows:

1. General Provisions. A Dependency General Master Program is hereby established pursuant to the contract entered into on October 1, 2000, between the Florida Department of Children and Families, District Three, ("Department") and the Alachua County Board of County Commissioners ("Board") as a component of the Community Partners for Timely Adoptions Program for District Three ("Partners"). A part-time Dependency General Master ("General Master") shall be appointed by the Chief Judge to facilitate the resolution of dependency cases in Alachua, Gilchrist, and Levy Counties. The General Master shall have a part-time Senior Secretary to assist in the administration of dependency cases. The General Master shall perform duties and receive remunerations as set forth in this Administrative Order.

2. Qualifications. The General Master must be a member in good standing of The Florida Bar; have five years experience in the practice of law including at least one year experience in family law; and possess any other qualifications and/or experience the court deems appropriate.

3. Conflict of Interest. The General Master shall avoid practices or occupations that would be a conflict of interest or give the appearance of impropriety. The General Master is prohibited from representing litigants in family law cases, domestic violence, dependency, delinquency, or any other client in county or circuit court in the Eighth Judicial Circuit. See Judicial Ethics Advisory Committee, Florida Supreme Court, Opinion No. 2000-36 (November 26, 2000).

4. Scope of Services. The General Master shall perform any and all duties as directed by the circuit bench including but not limited to receiving, reviewing, signing, and distributing reports and recommendations stemming from the dependency docket; managing the submission and distribution of court orders to the division judge based on the reports and recommendations; and have all authority granted under Florida Family Law Rule of Procedure 12.490.

5. Referrals. All dependency matters to be heard by the General Master shall be referred by an Order of Referral to the General Master generated by the State Attorney's Office except that all matters heard before April 31, 2001, are hereby deemed specifically referred by this Administrative Order. The Order of Referral shall be in substantial conformity with Florida Family Law Form 12.920(a).

6. Recording. As required by Florida Family Rule of Procedure 12.490(d)(2), all proceedings conducted by the General Master shall be recorded by electronic means as provided by Florida Rule of Judicial Administration 2.070(d), or by court reporter.

7. Appeals. Decisions of the General Master are appealable, under the rules of court, to the circuit court. Appeals shall be based upon the record of the hearing before the General Master and shall not be hearings de novo. The parties are responsible for designating those portions of the proceedings not on file deemed necessary for transcription and inclusion in the record. Fla. R. App. P. 9.200 (b) (1). The appellant has the burden to ensure that the record is prepared and transmitted in accordance with the Rules of Appellate Procedure. Fla. R. App. P. 9.200 (e).

8. Coverage. In the absence of the General Master due to illness, vacation, or otherwise, the Circuit Court Judges in the Family Division shall make every reasonable effort to preside over the scheduled hearings in an effort to avoid the necessity of rescheduling.

9. Code of Judicial Conduct. The General Master is subject to the Code of Judicial Conduct in the same manner as part-time judges, except that the General Master shall be exempt from Canon 6B and C and the first portion of provisions (A)(2) of the compliance section of the Code.

10. Budget. The Partner's Program budget shall be established by the Department. The Board may revise the budget, however, the total contract amount shall not be adjusted.

11. Compensation. Payment for services rendered shall be made in accordance with the Florida Prompt Payment Act after appropriate invoice and documentation of each service period is delivered to Court Administration. The General Master shall submit invoices to Court Administration for submission to the Alachua County Finance and Accounting Department for payment of billable hours for the month on a biweekly basis. Payment shall be rendered at the conclusion of each biweekly period that services are provided. Unless otherwise directed, the General Master shall also submit the number of hours served and requests for payment of fees to Mary Ann Thurmond, Contract Manager, P.O. Box 390, Building G, Box 29, Gainesville, Florida 32602, by the fifteenth day of the month following the month for which payment is requested. Payment shall then be remitted from the Department to the Alachua County Board of County Commissioners.

12. Expenses. Other expenses of the Program as provided in the budget established under paragraph nine will be paid by Alachua County upon approval by the Chief Judge or the Chief Judge's designee.

13. Retention of Funds. The balance of remaining moneys shall not revert to the Alachua County Board of County Commissioners at the end of each fiscal year, but shall be rolled over into the same account for the new fiscal year. If at any time the Partners Program is terminated, the balance of the Partners fund, after payment of program costs, including the General Master, shall revert to the Alachua County Board of County Commissioners on behalf of the Program.

ORDERED on August 17, 2001.

/s/___________________________
STAN R. MORRIS, CHIEF JUDGE