AOSC 21-31 | IN RE: EMERGENCY REQUEST TO EXTEND TIME PERIODS UNDER ALL FLORIDA RULES OF PROCEDURE FOR DESOTO, MANATEE, AND SARASOTA COUNTIES IN THE TWELFTH JUDICIAL CIRCUIT

WHEREAS on Tuesday, July 6, 2021, Tropical Storm Elsa caused the closure of the courts in Desoto, Manatee, and Sarasota Counties in the Twelfth Judicial Circuit; and

WHEREAS on Monday, July 5, 2021, the courts were closed for the observance of Independence Day; and

WHEREAS this emergency also may have temporarily impeded the ability of attorneys, litigants, witnesses, jurors, and others in the performance of their duties and obligations with respect to many legal processes throughout the State of Florida; and

WHEREAS it is the intent of this order to equitably relieve parties in all pending cases by extending legal time limits that they otherwise would have been unable to meet due to the emergency;

THEREFORE, pursuant to the administrative authority conferred upon me by article V, section 2 of the Florida Constitution, and Florida Rules of Judicial Administration 2.205(a)(2)(B)(iv) and 2.205(a)(2)(B)(v),

IT IS ORDERED that:

1. In Desoto, Manatee, and Sarasota Counties all time limits prescribed or allowed by rule of procedure, court order, statutes applicable to court proceedings, or otherwise pertaining to court proceedings, which are not currently suspended by In re: COVID-19 Health and Safety Protocols and Emergency Operational Measures for Florida Appellate and Trial Courts, Fla. Admin. Order No. 21-17, as amended, are extended from the close of business on Friday, July 2, 2021, until the close of business on Wednesday, July 7, 2021.

2. The extension of time periods under this order shall apply only when the last day of those periods falls within the time extended.

3. This Court recognizes that there may be instances where, because of this emergency, these and other time limits applicable to matters in or outside Desoto, Manatee, and Sarasota Counties could not be met even upon application of the periods stated above. If such a claim is made, it shall be resolved by the court in which jurisdiction is vested on a case-by-case basis when a party demonstrates that the lack of compliance with requisite time periods was directly attributable to this emergency and that equitable remedy is required.

DONE AND ORDERED at Tallahassee, Florida, on July 8, 2021.

	Chief Justice Charles T. Canady
ATTEST:
John A. Tomasino, Clerk of Court

Charles T. Canady, Chief Justice
John A. Tomasino, Clerk of Court