FY Divisional Instructions

Zoom Meeting Information

The Court will be holding the following family hearing by Zoom:

UMC hearings

Lack of Prosecution hearings

Case Management and Status Check

Uncontested final hearings for self-represented litigants

Contested final hearings for self-represented litigants may continue to be heard via Zoom unless otherwise objected to by the parties

Notice of Contest hearings

Post Judgment simple motion hearings for self-represented litigants

If the matter is scheduled for an in-person hearing and the parties are requesting it to be held via zoom, they may contact the Judicial Assistant with their request.

Zoom Link

Meeting ID: 932 6477 5237

Password: 07294973

One tap mobile
+19292056099, 93264775237#, 0#, 07294973# US (New York)

+13017158592, 93264775237#, 0#, 07294973# US (Germantown)

Dial by your location

Division FY is now participating in Online Scheduling, E-filing, and E-mail Service. The following email addresses should be used for e-mail service to the Court: CAD-DivisionFY@pbcgov.org

Please send all proposed orders and judgments, and all courtesy copies of motions for special set hearings, memorandums, and case authority through the online system and not by email. PLEASE SEND ALL PROPOSED ORDERS THROUGH THE ONLINE SERVICES SYSTEM. PLEASE DO NOT SEND ANY ORDERS VIA US MAIL OR EMAIL.

Please Click on the link Online Services and follow the directions.

Online Services

For ALL Uniform Motion Calendar hearings: Please send all courtesy copies of UMC Motions and Notices of Hearings through the online scheduling system.

All orders must state a mailing and email address for each party for service. IF THE OPPOSING SIDE IS AN EMAIL EXCUSED ATTORNEY OR A PRO SE party (unless pro se party has agreed to email service) DO NOT SEND YOUR ORDER BY EMAIL.

Uniform Motion Calendar (UMC)

• PLEASE SCHEDULE UMC HEARINGS ONLINE
• Tuesday, Wednesday and Thursday, 8:45 a.m. – 9:30 a.m., via Zoom. Scheduling is between the parties or pro se litigant. UMC hearings are not scheduled with the judicial assistant. Please check the Suspension Calendar before you schedule your hearing.
• Ten (10) minutes allotted (5 minutes per side)
• Contested evidentiary hearings will not be heard at UMC.
• Uncontested final hearings in dissolution, paternity, name change and temporary custody cases will be heard during UMC.
• UMC hearings must be coordinated with opposing counsel or pro se litigant with five (5) business days notice to opposing counsel or pro se litigant (unless short notice agreed by parties).
• The Judge will review all motions scheduled for UMC prior to the hearing. Accordingly, prior to the scheduled hearing, please upload a courtesy copy of the notice of hearing and motion for all UMC matters, through the online services system.
• ALL Notices of cancellation are to be submitted to the Divisional E-mail address at CAD-DivisionFY@pbcgov.org
  If you resolve your motion prior to the hearing date, please contact the Judicial Assistant as soon as possible. You can call 561-274-1452 or email CAD-DivisionFY@pbcgov.org to notify the Court of your cancellation.

Uncontested Dissolutions of Marriage

• Can be heard at UMC (follow UMC rules above)
• Testimony at Final Hearing must be completed (available on the 15th Judicial Circuit Website)
• Confirm notice required by Fla. Fam. L.R.P. 12.440 and Fla. Stat. §61.19
• Bring proof of residency Fla. Stat. §61.052(2)
• Verify all documents necessary are in court file (Fla. Stat. §§61.052(7), (8); 61.21(4); Fla. Fam. L.R.P. 12.285(d)(j)
• Upload a proposed final judgment with all email addresses listed on it. Please remember to leave a 3X3 inch space on the top-right-hand corner of the Final Judgment for recording purpose. The Clerk will not docket or record your Final Judgment without this space.
• Upload Income Withholding Order, if needed.

Domestic Violence Hearings

No Domestic Violence matters may be set on the Uniform Motion Calendar unless directed by the Court. All motions are to be filed with the Clerk in the Domestic Violence Division. The motion will be forwarded to the Judge for review. The Judicial Assistant cannot cancel or change hearings. For questions regarding domestic violence matters you need to contact the Domestic Violence Division at 561-274-1541 or 561-274-1591.

Special Set Hearings

• Motions must be filed and docketed with clerk before hearing dates can be given or a hearing can be set.
• Parties requesting hearing must confirm availability with opposing counsel or pro se litigant before setting the hearing. Special set hearings must be scheduled online via the Division FY online calendar. Hearing times are available in blocks of 15 or 30 minutes. Upon receipt of an online special set hearing, please send proposed Order Specially Setting Hearing in Word format (See Divisional Forms and Orders) for Judge Burkhart's signature through the online system. Please make sure the docket entry number of the motion to be heard is indicated on the Order.
• Special set hearings are set by Court order and cannot be cancelled except by further order of the Court, unless the matter is settled (with an agreed order presented to Court) or withdrawn
• If the hearing is evidentiary, that must be noted on the proposed Order on Special Set Hearing.
• Failure to comply with these procedures may result in cancellation of your hearing by the Court.
• Any hearing that requires more than thirty (30) minutes; please send your request to Judge Burkhart with the amount of time requested for your motion and a copy of the motion to CAD-DivisionFY@pbcgov.org. Judge Burkhart will review and decide whether the amount of time you are requesting is appropriate for your motion. The judicial assistant will contact you once the Judge has reviewed the motion.
• Judge Burkhart will review all motions, memoranda of law (10 pages maximum - either in support or opposition to the motion), and case authority in advance of all special set hearings. Accordingly, all counsel/parties should provide courtesy copies of their special set motions, memoranda of law and supporting case law to the Court via the following email address through the online scheduling system, and designate the date and time of the hearing which they reference. Counsel/parties should highlight or otherwise mark the key language in the most pertinent and important cases and key exhibits for the court and opposing counsel. If the documents exceed 10 pages total, please send a courtesy copy via US mail to the Court (please allow plenty of time if sending via US mail). These documents must be provided at least 72 hours prior to the hearing.
• PLEASE PRE MARK YOUR EXHIBITS USING THE CLERK'S FORMAT:
  Evidence - Unified Family Court: Pre-Marking Guidelines
• If a hearing is occurring remotely, all evidence must be marked and uploaded into the 15ht Judicial Circuit's evidence portal.
• ONCE A HEARING IS SET, YOU CANNOT ADD ON MOTIONS THAT ARE NOT IN THE ORDER SETTING.
• PLEASE MAKE SURE THAT ALL PROPOSED ORDERS FOR AN UPCOMING HEARING ARE ONLY SUBMITTED 24 HOURS PRIOR TO YOUR HEARING AND NO SOONER.

Updated: Telephonic Court Appearance Providers

Temporary Relief Hearings

• Mediation ON THE TEMPORARY RELIEF SOUGHT (following the filing of the motion for temporary relief) must be held before a temporary relief hearing will be scheduled.  Administrative Order 5.207.
• Following mediation, if parties are unable to reach an agreement, temporary relief hearings may be set via the Division FY online calendar.
• Hearings are limited to a total of thirty (30) minutes. Administrative Order 5.207 unless permission granted by the Court.
• Please follow instructions for Special Set Hearings.
• Please only submit your proposed orders 24 hours prior to your hearing and no sooner.

Emergency Motions

Motions for Emergency Hearing must be filed via the Clerk's e-portal and then click the Emergency Filing box that states, "Check This Box to Specify That This is an Emergency Filing." Judge will review the Emergency Motion and email any Order(s) on the Emergency Motion to all counsel of record.

Post Judgment Matters

• Modifications, Motions for Contempt and/or Enforcement of Final Judgment.
• All post judgment modifications, motions for contempt and/or enforcement of final judgment MUST be referred to the Magistrate. The attorneys/parties are responsible for providing the Order of Referral to Magistrate. (EXCEPT that all child support post-judgment matters must be heard by the Magistrate - Do not do an Order of Referral for post-judgment child support matters). See Administrative Order 5.104, Fla. R. Fam. P. 12.490 and Fla. R. Fam. P. 12.491.
• Effective immediately: On all Orders of Referral to a General Magistrate, please enter the appropriate Magistrate's hearing room number, under the case number. Each Order of Referral may only refer one matter per Order of Referral. Therefore, if you have three motions, you will need three separate Order of Referral . The following rooms are associated with the following Magistrates: Jennifer Klee = Hearing Room "D"
• Post judgment matters for Division FY are referred to Magistrate Klee.:
• Attorney or pro se litigant should send the proper 15th Judicial Circuit Order of Referral to Magistrate to the Judge utilizing the approved template in the online services application.
• Attorney or pro se litigant may file an objection to the referral
• After an Order Sustaining Objection is docketed, Attorney should set the hearing via the Division FY online calendar (Administrative Order 5.206) and send the Order Specially Setting Hearing in Word format through the online scheduling system with a copy of the pleading and the order sustaining the objection to the judge's office.

Notice/Motion to Set Cause For Trial

• Original notice/motion to set cause for trial filed with Clerk's office
• Please adhere to all instructions in Administrative Order 5.209
• In cases where one side is represented by an attorney and the other side is pro se, the notice shall contain the e-mail address for the attorney and the physical street address for the pro se party. Submit the notice with a self-addressed stamped envelope stapled to the Notice for Trial for the pro se, and the trial order will be served via judicial e-service to the attorney and by U.S. Mail to the pro se party
• Notices must include specific motion or petition/counter petition to be tried and the estimate of time necessary for trial.
• You may obtain a trial date before completing mediation, but you must complete mediation prior to trial.
• The original notice must be filed with the Clerk. A courtesy copy must be emailed to CAD-DivisionFY@pbcgov.org.
• Trial dates must be obtained and coordinated through the Judicial Assistant.
• The number of days for trial must be agreed to by the parties. Trial Orders will contain trial dates, pretrial procedures, a case management conference date prior to trial, and mediation requirements
• Trial Orders are served via email to all parties registered for e-service.
• Continuances of trial require a hearing on Uniform Motion Calendar and will not be granted unless good cause is shown.
• CAUTION: Do not notice your case for trial unless both sides agree the case is trial ready.

Service and Preparation of Judgments and Orders

• FINAL JUDGMENTS and Orders will be e-mailed to all parties or mailed if there are pro se litigants.
• Administrative Order 5.204 requires that some portion of text of the Order be included on signature page.
• All Final Judgments must have a 3X3 inch space on the top-right-hand corner for recording purposes. The Clerk will not docket or record the Final Judgment without this space.
• Proposed order should include a cover letter specifying the date of the hearing and type of hearing.

Adoptions and Name Changes

• All adoption and name change statutory requirements must be met before a final hearing will be set. TPR or Final Hearing requests must be put in writing to the Judge and are set by the Judicial Assistant once all requirements have been met
• Staff Attorneys review all adoptions and name changes (No hearings will be set until reviewed by Staff Attorney)
• A status order from the Court may be issued to the parties
• Following all requirements being met by the parties, the Judicial Assistant will contact the attorney/party(ies) to schedule a final hearing
• An uncontested TPR may be heard at the end of a Uniform Motion Calendar, time permitting. If you have any questions regarding your adoption case, send an e-mail to: southcountyadoptions@pbcgov.org