BARBARA A. HATCHER, PETITIONER,
v.
STEVEN DAVIS, RESPONDENT

Fla. 2d DCA | 2001-08-22
No. 2D00-4770
ALTENBERND, A.C.J., and GREEN, J., Concur.
798 So. 2d 765 Florida District Court of Appeal, Second District (2001) Caution
Cited by 13 cases

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Holding

An administrative order improperly delegating the preparation of hearing notices to a plaintiff's attorney, particularly when that attorney is part of a contracted law firm, is invalid as it conflicts with court rules and deprives defendants of access to the court.


Headnotes

[1] An administrative order is invalid if it attempts to amend a statute or rule by adding terms and conditions, as this limits judicial discretion and exceeds the authority…

[2] A court's authority to schedule hearings cannot be improperly delegated to a private law firm or a party's attorney.

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Facts & Procedural History

Barbara Hatcher sought certiorari review of an administrative order that created a Support Enforcement Hearing Officer and mandated that plaintiffs' a…

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Opinion of the Court
SILBERMAN, Judge.

SILBERMAN, Judge.

Barbara Hatcher seeks certiorari review of Administrative Order S-1999-028 issued by then Chief Judge F. Dennis Alvarez of the Thirteenth Judicial Circuit. We have jurisdiction pursuant to Florida Rule of Appellate Procedure 9.030(b)(3) and 1-888-Traffic Schools v. Chief Circuit Judge, Fourth Judicial Circuit, 734 So. 2d 413 (Fla.1999) (recognizing that challenges to administrative orders, other than challenges to judicial assignments or chai- lenges made by a member of the Florida Bar or a member of the judiciary, should be made to the district court of appeal by way of a petition for writ of certiorari). Because the administrative order improperly delegates control of the court’s calendar, we grant the petition.

Administrative Order S-1999-028 created the position of Support Enforcement Hearing Officer. Paragraph six of the order contains the language which is challenged in this proceeding. It states: “All notices of hearing and proposed orders shall be prepared by the plaintiffs attorney, unless otherwise directed by the hearing officer.”

Hatcher argues that the administrative order improperly delegates the court’s authority to schedule child support enforcement hearings to a private law firm which provides enforcement services on behalf of the Florida Department of Revenue. She contends that when her attorney attempted to schedule a motion for hearing, the hearing officer’s assistant told the attorney to contact the Department’s contract law firm because all hearings were scheduled through the firm. Hatcher states that her attorney then contacted the law firm and was told to forward a copy of the motion so that it could be reviewed by one of the firm’s attorneys; after review, the firm would schedule the hearing time.

Hatcher asserts that the provision in paragraph six of the administrative order — that notices of hearing are to be prepared by the plaintiffs attorney- — conflicts with the language of Florida Family Law Rule of Procedure 12.491(e)(1). The rule provides that, upon receipt of a support proceeding, the hearing officer shall “assign a time and place for an appropriate hearing and give notice to each of the parties as may be required by law.” Id.

A response to the petition was filed by Chief Judge Alvarez, outlining the procedure used to schedule enforcement hearings. He notes that the Department of Revenue, pursuant to section 409.25575, Florida Statutes (1999), contracted with the law firm to provide enforcement services. He states that the Department is the petitioner (or plaintiff) in the vast majority of cases which are scheduled to be heard by the hearing officer. Blocks of time for hearings are set aside by the hearing officer. In order to schedule a hearing, the private party’s attorney is directed to coordinate with the Department’s contract law firm to obtain one of the blocks of time.

If a chief judge issues an administrative order which attempts to amend a statute or rule by adding terms and conditions, that administrative order is invalid because it limits judicial discretion and exceeds the authority granted under Florida Rule of Judicial Administration 2.050(b). See, e.g., Hewlett v. State, 661 So. 2d 112, 115 (Fla. 4th DCA 1995); Valdez v. Chief Judge of the Eleventh Judicial Circuit, 640 So. 2d 1164, 1165 (Fla. 3d DCA 1994). In the present case, we conclude that the language in paragraph six of Administrative Order S-1999-028 impermissi-bly conflicts with Florida Family Law Rule of Procedure 12.491(e)(1) because the order delegates preparation of all notices of hearing to the plaintiffs attorney, who, in most instances, will be an attorney with the Department’s contract law firm. Furthermore, by generally allowing only the plaintiffs attorney to notice matters for hearing, thereby precluding the defendant from noticing a matter for hearing, the defendant is effectively deprived of access to the courts unless the plaintiffs attorney prepares a notice for hearing. See Art. I, § 21, Fla. Const. We agree with the comment by Chief Judge Alvarez that parties need to coop erate to coordinate the scheduling of hearings among themselves and with the hearing officer’s calendar. However, delegating to one party the exclusive ability to prepare notices of hearing effectively gives that party the keys to the courthouse door. Accordingly, we grant the petition for writ of certiorari and quash the language in paragraph six of the administrative order to the extent that it mandates that all notices of hearing shall be prepared by the plaintiffs attorney.

Petition granted.

ALTENBERND, A.C.J., and GREEN, J., Concur.


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Citator

Cited By

  • …urisdiction to review by certiorari a claim that a chief judge has exceeded his or her authority by issuing an administrative order. See 1-888-Traffic Sch. v. Chief Circuit Judge, Fourth Judicial Circuit, 734 So. 2d 413 (Fla.1999); Hatcher v. Davis, 798 So. 2d 765, 765-66 (Fla. 2d DCA 2001). Because Florida Rule of Judicial Administration 2.070(g)(3) authorized the Chief Judge to issue the Order, we deny the petition for writ of certiorari. THE PRIOR PETITION The Public Defender initially sought review by a…
  • Dougan v. Ric L. Bradshaw, 198 So. 3d 878 (Fla. 4th DCA 2016)
    …R. Jud. Admin. 2.120(c); 2.215(b)(2). Thus, as administrative orders are limited to matters of eourt administration, “an administrative order which attempts to amend a statute or rule by adding terms and conditions ... is invalid.” Hatcher v. Davis, 798 So. 2d 765, 766 (Fla. 2d DCA 2001). See also Dep’t of Juvenile Justice v. Soud, 685 So. 2d 1376, 1379-80 (Fla. 1st DCA 1997) (striking down an administrative order which effectively amended a statute). Therefore, as the administrative order in question here co…
  • Jimenez v. Rateni, 967 So. 2d 1075 (Fla. 2d DCA 2007)
    …cases in which certiorari has been recognized as an appropriate vehicle for challenging administrative orders of circuit courts. See 1-888-Traffic Schools v. Chief Circuit Judge, Fourth Judicial Circuit, 734 So. 2d 413 (Fla.1999); Hatcher v. Davis, 798 So. 2d 765 (Fla. 2d DCA 2001). Although Jimenez did not institute this proceeding as a challenge to an administrative order and the circuit court’s order makes no reference to an administrative order, Jimenez in effect challenges an administrative practice whi…

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