Dear Honorable Chief Judge Myers, 

My name is Emily Bonilla, Commissioner for District 5, Orange County Florida. I am contacting you to request further measures to protect the constituents of Orange County from eviction proceedings during this time of uncertainty. I have reviewed your Administrative Order No. AOSC20-13. I commend you for your quick response and for setting unprecedented safety measures to ensure our public health safety. During my time as an elected official, I’ve had the opportunity to have close interactions with my constituents. In addition, I am a member of many organizations that conduct studies and provide information on issues such as public health and housing.  Based on my observation and the many studies I’ve reviewed on the topic of health and housing, I’ve discovered the high correlation of a person’s health as it relates to their housing situations. The stress of losing a home wreaks havoc on a person’s immune system. Furthermore, with the closing of many businesses, we will see an influx of people’s inability to make ends meet. With that said, I would like to respectfully request that you consider suspending certain property cases to include the following: 

1. All foreclosure sales, hearings and nonjury trials until a time certain as decided by your honor. 
2. All eviction, ejectment or writs of possession, unlawful detainer proceedings including the initial paperwork for such matters until a time certain as decided by your honor. 
3. Any time period involving service or scheduling a hearing for these types of proceedings to be suspended. Please direct the Sheriff to suspend all service of process for these types of proceedings during the time certain as decided by your honor. 

Such a request is not unprecedented. There are at least two surrounding counties that are implementing this suspension. Please see attached Administrative Order 20-15 for Brevard and Seminole counties as an example. 

Again, I respectfully request you consider additional protections for those citizens who face losing their homes during this time of health crises and implement an order similar to Brevard and Seminole county.

RESPONSE

Dear Commissioners Bonilla: 

I received and thank you for your inquiries on behalf of constituents concerning evictions and court processes.  As a local chief judge, I do not believe that the law permits me to enter an administrative order postponing or staying eviction proceedings, even during a crisis like the coronavirus (COVID-19) pandemic.  Evictions are a matter of state statute as enacted by the legislature, as opposed to court rule or procedure. 

However, the most recent Florida Supreme Court administrative order in effect at this time directs all circuit and county courts to perform “essential court proceedings” and critical proceedings related to the state of emergency or the public health emergency.  This includes:  first appearance; criminal arraignments as necessary; hearings on motions to set or modify monetary bail for individuals who are in custody; juvenile dependency shelter hearings; juvenile delinquency detention hearings; hearings on petitions for temporary injunctions relating to safety of an individual; hearings on petitions for risk protection orders; hearings on petitions for the appointment of an emergency temporary guardian; hearings to determine whether an individual should be involuntarily committed under the Baker Act or the Marchman Act; hearings on petitions for extraordinary writs as necessary to protect constitutional rights; violations of quarantine or isolation, violation of orders to limit travel, violation of orders to close public or private buildings; and enforcement of curfew orders. 

Eviction proceedings are not defined as an essential court proceeding at this time.  Because our efforts are focused on the provision of “essential court proceedings” to our community, and on other legal matters related to the coronavirus pandemic, we are not considering eviction matters at this time.  Please know that this does not preclude a landlord from filing an eviction case or even serving it on a tenant.  But, I do not anticipate any judicial action on such a case at this time. I trust that this satisfies your inquiry.  Should you have any questions, however, please do not hesitate to contact me.  

Don 

Donald A. Myers, Jr.

Chief Judge, Ninth Judicial Circuit