Administrative Order No 5-5.0

IN THE CIRCUIT COURT OF THE TENTH JUDICIAL CIRCUIT

IN AND FOR POLK COUNTY, FLORIDA

AMENDED ADMINISTRATIVE ORDER NO. 5-5.0

ATTORNEYS' FEES DEPOSIT - DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES CHILD SUPPORT ACTIONS AGAINST THE UNITED STATES OF AMERICA AS GARNISHEE DEFENDANT

In carrying out its responsibilities for child support enforcement for the Florida Department of Health and Rehabilitative Services from time to time obtains Writs of Garnishment against the United States of America as Garnishee Defendant, the United States of America has consented by the statutes to garnishment actions and has not, on prior occasions, sought reimbursement of attorneys' fees for responding to Writs of Garnishment obtained by the Florida Department of Health and Rehabilitative Services. 77.28, Fla. Stat., provides for the depositing of $100.00 with the court to be paid to the Garnishee Defendant for the Garnishee Defendant's attorneys' fees. Upon consideration, it is ORDERED:

1. The Florida Department of Health and Rehabilitative Services shall not be required to deposit the $100.00 into the registry of the court in order to obtain Writs of Garnishment in those child support cases where the United States of America is the Garnishee Defendant.

2. In the event the United States of America makes demand for attorneys' fees in garnishment actions the Florida Department of Health and Rehabilitative Services will be obligated to pay into the court the $100.00 for attorneys' fees pursuant to 77.28, Fla. Stat.

3. The Clerk of the Court shall, pursuant to this Administrative Order, issue Writs of Garnishment in child support actions in favor of the Florida Department of Health and Rehabilitative Services and against the United States of America as Garnishee Defendant without requiring that $100.00 be deposited with the Clerk.

Administrative Order No. 45.1 entered March 16, 1993 and renumbered as Administrative Order No. 5-5.0, is revoked and superseded by this Order.

DONE AND ORDERED on this 27th day of April, 1993.

RANDALL G. MCDONALD

Chief Judge