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Jonathan Fitzmaurice's Tortious Interference Research Guide: Administrative Laws

Florida Law: Tortious Interference with Advantageous Business Relationships

What is Administrative Law?

Administrative law is a body of law consisting of statutes, rules, regulations, reports, opinions, orders, and other legal principles that govern the creation, organization, and operation of different administrative agencies within the legislature, executive, judiciary, and public.

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Administrative Orders - Virtual Law Practice

Supreme Court of Florida - Administrative Order: Comprehensive COVID-19 Emergency Measures for Florida Trial Courts

"Under the administrative authority conferred upon me by article V, section 2(b) of the Florida Constitution, by Florida Rules of General Practice and Judicial Administration 2.205(a)(2)(B)(iv) and 2.205(a)(2)(B)(v), and by Rule Regulating the Florida Bar 1-12.1(j), IT IS ORDERED that:

I. GUIDING PRINCIPLES

A. The presiding judge in all cases must consider the constitutional rights of crime victims and criminal defendants and the public’s constitutional right of access to the courts.

B. To maintain judicial workflow to the maximum extent feasible, chief judges shall take all necessary steps to support the remote conduct of proceedings with the use of technology, in accordance with this administrative order and other applicable standards and guidance as may be adopted by the Chief Justice or supreme court. Participants who have the capability of participating by electronic means in remote proceedings shall do so. For purposes of this administrative order, “remote conduct,” “remotely conduct,” or “conducted remotely” means the conduct, in part or in whole, of a court proceeding using telephonic or other electronic means.

C. Nothing in this order is intended to limit a chief judge’s authority to conduct court business or to approve additional court proceedings or events that are required in the interest of justice, if doing so is consistent with this administrative order and protecting the health of the participants and the public.

D. Judges and court personnel who can effectively conduct court and judicial branch business from a remote location may do so. Judges and court personnel who work in the courthouse shall do so in a manner that is consistent with the circuit’s operational plan required by Fla. Admin. Order No. AOSC20-32, as amended.

II. USE OF TECHNOLOGY

A. All rules of procedure, court orders, and opinions applicable to court proceedings that limit or prohibit the use of communication equipment for the remote conduct of proceedings shall remain suspended.

B. The chief judge of each judicial circuit remains authorized to establish procedures for the use, to the maximum extent feasible, of communication equipment for the remote conduct of proceedings, as are necessary in their respective circuit due to the public health emergency. This measure initially went into effect at the close of business on March 13, 2020. (AOSC20-13). This measure initially went into effect on Friday, March 13, 2020. (AOSC20-13).

C. Administering of Oaths

(1) Notaries and other persons qualified to administer an oath in the State of Florida may swear a witness remotely by audio-video communication technology from a location within the State of Florida, provided they can positively identify the witness.

(2) If a witness is not located within the State of Florida, a witness may consent to being put on oath via audio-video communication technology by a person qualified to administer an oath in the State of Florida.

(3) All rules of procedure, court orders, and opinions applicable to remote testimony, depositions, and other legal testimony, including the attestation of family law forms, that can be read to limit or prohibit the use of audio-video communications equipment to administer oaths remotely or to witness the attestation of family law forms shall remain suspended.

(4) Notaries and other persons qualified to administer an oath in the State of Florida may swear in new attorneys to The Florida Bar remotely by audio-video communication technology from a location within the State of Florida, provided they can positively identify the new attorney. This measure initially went into effect on March 18, 2020. (AOSC20-16). This measure initially went into effect on March 18, 2020. (AOSC20-16). This measure initially went into effect on March 18, 2020. (AOSC20-16).

(5) For purposes of the provisions regarding the administering of oaths, the term “positively identify” means that the notary or other qualified person can both see and hear the witness or new attorney via audio-video communications equipment for purposes of readily identifying the witness or new attorney.

D. Law School Practice Programs.

(1) A supervising attorney in a law school practice program, under Rule 11- 1.2(b) of the Rules Regulating The Florida Bar, may utilize audio-video communication technology to remotely supervise the law student in satisfaction of the requirement that the supervising attorney be physically present. The supervising attorney and law student must maintain a separate, confidential communication channel during the proceedings.

(2) In a law school practice program, the requirement in Rule 11-1.2(b) of the Rules Regulating The Florida Bar that an indigent person and the supervising attorney must consent in writing to representation by a supervised law student may be satisfied by the judge receiving the consent verbally under oath."

 

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