TWENTIETH JUDICIAL CIRCUIT OF FLORIDA
[ADMINISTRATIVE OFFICE OF THE COURTS.
For MYERS, FLORIDA 39901
Tee assis
Fao 01
MICHAEL T. MCHUGH SCTE WUSKER
MEMORANDUM.
Al Judges in the Twentieth Judicial Circuit
‘Amira Fox, Ste Attomey
Kathleen A. Smith, Publie Defender
lta Neymotin, Regional Counsel
CCletk of Curt of Lee, Collier, Charlot, Hendry, and Glades Counties
Sheriffs of Lee, Collie, Charote, Henry, and Glades Counties
County Managers of Lee, Colle, Charlotte, Hendry, and Glades Counties
Scott Wilsker, Trial Court Administrator
FROM: —Michaol T,Metlugh, Chit Judge, Twentieth Judicial Cucuit yy yA
DATE: ——April3,2020
RE: COVID-19 Violation of DOH Quarantine or Isolation Order ~ Hold No Bond Pending
First Appearance
In response tothe outbreak of the Coronavirus Disease 2019 (COVID-19), the Govemor of Floris has
declared that a tate of emergency exists and the Surgeon General and Stale Health Oficer has declared that
8 public health emergency exists
(On April 1, 2020, Governor Ron DeSantis issued Executive Ordor 20-91, a “Safer At Home” directive,
‘ordering tha al persons in Flria sal limit their movements and personal interactions ousie oftheir
hhome to only those necessary to obtain or provide essential services or conduct essential activities,
Under Florida Statute §381.00315, the State Health Officer i responsible for declaring public health
cmergencics, trang public health advinorcy and asering ination ar guamemtines. Avy perenne
‘lates any rule adopted under Florida Statute § 381.00315, any isolation oe quarantine, of any requirement
adopted bythe Department of Health pursuant toa declared public health emergency commits @
misdemeanor ofthe second degre,
“The Flora Supreme Court as held that “tJ grant release on bei to persons oated and detained on a
‘quarantine order because they have a contagious disease which makes them dangerous to others, ar tothe
public in general, would render quarantine ls and regulations nugatory and of no avai.” Varholyv.
Sweat, 13 So, 24 267 (Fl, 193),
In accordance wth the directives of the Chief Justice of the Supreme Court of Florida to take all efforts to
minimize the spread of COVID-19, and in compliance with the gol of implementing policies to mitigate theimpact of COVED-19, while tll maintaining judicial workflow as feasible, as Chief Judge ofthe
‘Twentath Judicial iret, horeby direc tha
Any person arrested for violating any rule ado 315, any isolation
‘oF quarantine, oF any requirement adopted by the DOH.
shall be held in eustody with 4 NO BOND HOLD pending First Appearance,
“The person arrested shall not be given “Notice to Appeat” by Law Enforcement in Hu of being taken into
custody, and shal nr be released pursuant to any local Bond Schedule. The person arested must beheld
appear before the First Appearance Judge.
[AC Prst Appearance, the presing judge may’ sesept testimony from the State Health Offic or Department
‘of Health, and may make a determination as to whether the setting of bond or bail is appropriats
Local Administrative Order 2.39 along with his directive shall bein effect until further notice or unt
“superseded by further order of thie Court or the Florida Supreme Cot.