Waiver of Physical Presence In Courtroom

IN THE COURT OF THE THIRTEENTH JUDICIAL CIRCUIT

HILLSBOROUGH COUNTY, FLORIDA

CRIMINAL DIVISION

STATE OF FLORIDA CASE NO:

DIVISION:

DEFENDANT/

WAIVER OF PHYSICAL PRESENCE IN COURT

(Addendum to Uniform Plea, and Acknowledgment of Waiver of Rights Form)

I understand that the President of the United States has declared a National Emergency

due to the global pandemic caused by the Novel Coronavirus Disease 2019 (COVID-19

Pandemic). I also understand that the Governor of Florida has declared a State of Emergency in

response to the COVID-19 Pandemic.

I understand that the Florida Supreme Court has issued Administrative Order AOSC20-

12 authorizing the courts throughout the State to establish mitigating measures to prevent the

effects of the COVID-19 Pandemic on their respective courts. I understand AOSC20-12

includes the “use of technology, electronic documents, electronic communications, and other

electronic means of conducting court business to mitigate the spread of COVID-19, to the extent

consistent with law” as an acceptable mitigating measure. I understand that the Florida Supreme

Court has also issued Administrative Order AOSC20-13, suspending “all rules of procedure,

court orders, and opinions applicable to court proceedings that limit or prohibit the use of

communication equipment for the conducting of proceedings by remote electronic means.”

I understand that in furtherance of the Florida Supreme Court’s administrative orders, the

Chief Judge of the 13

Judicial Circuit in Hillsborough County has issued Administrative Order

S-2020-019, identifying plea proceedings as a “mission critical” proceeding and authorizing the

use of video technology to conduct negotiated pleas for incarcerated defendants.

I understand that the Florida Supreme Court has issued Administrative Order AOSC20-

23 allowing the chief judge of each circuit to determine whether certain proceedings or events

can be effectively conducted remotely using telephonic or other electronic means. I understand

that the Chief Judge of the 13

Judicial Circuit has issued Administrative Order S-2020-023

which allows criminal proceedings such as pleas to be conducted through audiovisual

conferencing.

I understand that pursuant to Florida Rule of Criminal Procedure 3.180, I have the right

to be physically present in court when a plea is made and when I am sentenced. I am choosing to

waive my right to be present in-person at a plea and sentencing hearing and I am choosing to

enter my guilty/no contest plea by way of video appearance, rather than wait for the court to re-

CIRCUIT

open to in-person proceedings. No one has threatened me, coerced me in any way, or promised

me anything to get me to waive my right to be physically-present in the courtroom during my

plea and sentencing.

I acknowledge that I have communicated directly with my attorney through

videoconferencing, in a private setting, prior to the plea hearing and sentencing. My attorney has

read the Uniform Plea, Acknowledgment and Waiver of Rights form line by line, this addendum

to the plea form line-by-line, and the DNA form line-by-line and has answered my questions to

my satisfaction. I have authorized my attorney to sign these documents for me, on my behalf.

I acknowledge that if at any time during the plea or sentencing proceedings, I do not

understand, or have a question that requires that I communicate privately with my attorney, I can

choose to stop the proceedings.

_________________________________________ _____________________

ATTORNEY’S SIGNATURE, FOR DEFENDANT DATE

__________________________________________

ATTORNEY’S PRINTED NAME

04/21/20 version 2/slw