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300 ° state e at «other»(8teen). ®eaning n°t settlenlent

2500 ipulation°Fders entered by

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2008 OJCCAn

Appendix "8" District LKL (JCC Hofstad)Distnct LKL includes Hardee, Highlands, and Polk counties

Hofstad losed Ica t vol e of PF s n rece ea s t average in 2007-08. Judgeexceeded PFB filing, which demonstrates continued Y . e hat rate decreased in 2007-08, PFB closures stillDistrict. The LKL year-end pending PFB inventory 2,037)ss on addressing the pending PFB inventory in this busy

District LKL has the highest trial volume (113) in F1 rid dfiling volumes. No empirical explanation for the reate t - esPite other divisions an Florida having similar PFBHofstad in Lakeland were supplemented in 2007-Ó8 b Jud to of tnals in LKL has been discerned. The efforts of JudgeRemsnyder (SPT), Hafner (SPT), Beck (SAR) Spangler (F , Murphy (TPA), Jenkins (TPA),

entered by these visiting judges are not included in the 113 to , and Terlizzese (MEL). The trial ordersWith this considerable volume of visiting Judge effort the ti eli which s attributable solely to Judge Hofstad's efforts.2007-08, , m ness measures contmued to improve in LKL during

(116) an e s u ry d hem PFB fihng to first mediation in 2007-08 was below both the statewide avera

rom 53 ays in 2 07 08, d spit the fac tha e ave dtr to nal d en by dge I ofs ad decr ased to 43 dayof other heanngs and orders is also significantly above the statewide avera es e s Per week. Judge Hofstad's volume

The following graph depicts the volume of PFBs filed thi d(red) r each Judge in the district. Viewed in monocht me the co u n e in t t orde e 2 0 07 (blue) and 2007-08

5000 6

4000

3572

3000 31382581

2272 �042

2000

1000

0

State AverageHofstad, Mark

m2002-03 E2006-07 m2007-08

Page 87 of 176(retum to Table of Contents) 2008 OJCC Annual Report

9

The following graph depicts the inventory of pending PFBs in this district at the conclusion of the last five fiscal years foreach Judge in the district (multicolor bars, red on far right is 2008) and the statewide average for each year is representedby the blue bars immediately to the left of each year.

12000 -

8000 - è7013

6451'' 863 6077 6194

6000 -

4000 -

2661

20372000

1347

Hofstad

E04 AVG E06/30/04 B05 AVG D06/30/05 506 AVG E06/30/06

The following graph depicts the average number of days between PFB filing and the first mediation held thereon for eachmediator in the district (purple (07) and red (08)) and the statewide average is represented (blue (07) and green (08)).

180 -

160

140

120 -

100

80 -

60

40 -

20 -

Williams, David

a Statewide Avg. 06-07 E Mediator 06-07 O Statute �042Mediator 07-08

Page 89 of 176 {Letu.!I!Ltolable_s!f_CoAte!1ts) 2008 OJCC Annual Report

( ) r ea h Judge in the di rict nd the t id average for 007-08 st n 200 8 gree0 (blue) and 2007-08

140

120

100

80

60

40

20

0

. Hofstad

207 Judge m 07 AVG �04208Judge 208 AVG

This graph depicts the average days between PFB fil d08 (red) and the statewide average for 2007-08 (rust) d 2007 8C°3Huencing for each Judge in 2006-07 (blue) and 2007-

trial is considered. Any days after the first day of trial are included the ave for d ys be e n rial d day d

500

400

300N

200

100

0

Hofstada 07 Judge a 07 AVG u Statute - 210 a 08 Judge a 08 AVG

2008 OJCC Annual Report

The following graph depicts the average number of days between trial (commencing) and the final order entry for eachJudge in 2006-07 (blue) and 2007-08 (red) the statewide average for 2007-08 (rust) and 2007-08 (green). All days

between the first day of trial and last day of trial are included in the calculation of days between trial and final order.60

50

40

30

20

10

0

Hofstad

�04207Judge a 07 AVG �042Statute= 30 E08 Judge a 08 AVG

The f wing raph depicts the volume of settlement orders entered by each Judge in the district (red) and the statewide

1,800

1,600

1,400

1,200

1,000

800

600

400

200

0 ,,

Hofstad, Mark

E Judge 08 m AVG 08

age 91 of 176 2008 OJCC Annual Report

The following graph depicts the average number of days between filing of a settlement motion and entry of a settlementorder by each.Judge m the distuct (red) and the statéwide average (green),

14

13

12

10 - .._

6

54

2

0 -

Hofstad

aJudge m 08 AVG

The following raph depicts the volume of stipulation orders entered by each Judge in the district (red) and the statewide

.500

400

300

200 1

100

0

Hofstad, Mark

e Judge 08 mAVG 08

age 92 of 176 2008 OJCC Annual Report

91

© followi

le district (re apli depicts the yoj

6000 ° Statewi e a t"Úneaning

or stipulag;5000 orders entered

ch I 8e in

4000

3000

2000

1000

0

d stric (re Ph depicts tke statew; nie of «

'600 etage ng not trig;

hearings1,400 recorded as "hey n

1,00

800

ay ad,OAyG08

in to Table yContents

CCAnnuay gePort

Appendix "9" District MEL (JCC Terlizzese):District MEL includes Brevard, Indian River, and Okechobee counties.

District MEL included only Brevard county at the beginning of 2007-08. Due the volume of filings and trials inthe PSL district to the South, however, Judge Terlizzese volunteered to accept additional counties of responsibility.Indian River and Okechobee counties were transferred to District MEL in the Spring of 2008.

MEL had a slight increase in PFB and new case filings in 2007-08, likely due in some part to the countyrealignment. The PFB closure rate was virtually identical to the PFB filing rate, illustrating a District in balance. Theyear-end pending PFB inventory (347) is markedly low.

MEL had the lowest average days between PFB filing and first mediation (70 days) in 2007-08. This is wellbelow the statewide average (116) and the statutory period (130). District MEL had a trial volume (38) below the 2007-08 statewide average (54). Judge Terlizzese's average days from PFB filing to trial was only 95 days in 2007-08, and wasthe lowest average in the state. The average days from trial to entry of a final order was 10 days.

The settlement order volume in MEL was above the statewide average. Some portion of this is attributable toJudge Terlizzese volunteering to undertake consideration and approval of settlement motions for several south FloridaJudges in 2007-08. Despite the significant volume of settlement orders, Judge Terlizzese averaged entry of the orderwithin 5 days of filing, compared to a statewide average of 9 days. District MEL also had above average volumes ofstipulation orders and "other" orders.

The following graph depicts the volume of PFBs filed in this district during 2002-03 (black), 2006-07 (blue) and 2007-08(red) for each Judge in the district. Viewed in monochrome, the columns are in that order left to right.

4500. -

4000 -

35003051

30002581

2500 - 2272

2000 -

1475 15351500 -

1000 -

500 -

State Average Terlizzese, Paul

m2002-03 s2006-07 m2007-08

Page 94 of 176 (return to Table of Contents) 2008 OJCC Annual Report

C.

y c, ......

f5 .

r ) f a hg graph depicts the total volume of trial orders uploaded in this district during 2006-07 (blue) and 2007-08g In e stnct and the statewide average for 2007-08 (rust) and 2007-08 (green).

60

50

40

10

0

Terlizzese

a 07 Judge a 07 AVG e 08 Judge · m 08 AVG

This graph depicts the average days between PFB filing and trial commencing for each Judge in 2006-07 (blue) and 2007

(re ) and the statewide average for 2007-08 (rust) and 2007-08 (green). For these calculations only the fi t d ftrial is considered. Any days after the first day of trial are included in the average for days between trial and nal order.

400

350

300

250

200 p

150

100 ä!

50

0

Terlizzese

07 Jud8e a 07 AVG a Statute = 210 m 08 Judge m 08 AVG

2008 OJCC Annual Report

The following graph depicts the average number of days between filing of a settlementorder by each Judge in the district (red) and the statewide average (green).

10 .

9

8 - _

7

6

5 5

4

3 -

2

1

0

motion and entry of a settlement

RMBER

Terlizzese

mJudge e08AVG

The following graph depicts the volume of stipulation orders entered by each Judge in the district (red) and the statewideaverage (green).

400

300

200 -

100

0

Terlizzese, Paul

a Judge 08 m AVG 08

Page 99 of 176 (return to Table of Contents) 2008 OJCC Annual Report

%

Appendix "10" DiStrict MIA (JCC Castiello, JCC Harnage, JCC Hill, JCC Kuker,JCC Medina-Shore):District MIA includes Dade and Monroe counties. Each of the MIA divisions had above-average PFB volumes in 2007-08, but each also had below average "new case" filings. Notably, each of the MIA divisions closed significant volumes ofPFBs in 2006-07. In 2007-08, 5 of the top 6 Judges in PFB closure were the 5 Judges in MIA. Of particular note are thevolumes closed over the two-year period by Judges Harnage (18,375) and Medina-Shore (18,048), although the effort andcommitment of each MIAjudge is clearly evident in the closure volumes. Notably, each MIA Judge's year-end pendingPFB inventory is either in the manageable range or approaching that level.

The MIA mediators demonstrated the most marked 2007-08 decrease in the average days between PFB filing andthe first mediation. The effort and commitment that these decreases illustrate is obvious, and continued improvement isanticipated in the coming fiscal year. Also notable is the significant trial volumes in each of the MIA districts. Theaverage days from PFB filing to trial continue to be above the statewide average. This is particularly notable in JudgeHarnage's division in which multiple cases had to be tried over due to Judge Harnage's predecessor's failure to enter finalorders on concluded trials that occurred prior to Judge Harnage's.appointment. The retrial of these cases is a significantburden on that division, just as such situations markedly affected Judge Hill's efforts in the years immediately followinghis appointment. Of particular note however, Judges Kuker, Hill, and Medina-Shore each averaged less than the statewideaverage (37) and less than the statutory period (30) for their average of days between trial and entry of the trial order. Ineach instance, this demonstrated a marked improvement from 2006-07.

Despite significant assistance with settlement and fee stipulation motions by other Judges (including Spangler,Sturgis, Murphy, Jenkins, Lorenzen, Remsnyder, Hafner, Roesch, Winn, Lazarra, and Terlizzese), the MIAjudges stilleach considered significant volumes of such motions. Despite these volumes, the timeliness of orders entered wassignificant in most instances.

District MIA evidences significantly higher volumes of stipulation orders, "other orders" and "other hearings"than the statewide average. Some volume of this "other hearing" disparity is likely attributable to the MIA practice ofscheduling "time-certain" hearings on procedural motions. Many of the other divisions utilize an open motion calendar,in which motions are presented without any hearing being scheduled in the JCC Application.

The following graph depicts the volume of PFBs filed in this district during 2002-03 (black), 2006-07 (blue) and 2007-08(red) for each Judge in the district. Viewed in monochrome, the columns are in that order left to right.

7000 -

6000

5000 -

. 4000

3000 -

2000

1000 -

0

State Average Hill, Charles Harnage, Henry Medina-Shore, Kuker, A an Castiello, GerardoSylvia

m2002-03 m2006-07 m2007-08

Page 101 of 176 (return to Table of Contents) 2008 OJCC Annual Report

The following graph depicts the volume of new cases filed in this district during 2002-03 (black), 2006-07 (blue) and2007-08 (red) for each Judge in the district. Viewed in monochrome, the columns are in that order left to right.

2000 -

1500 -

1000 -

500

B El II

State Average Hill, Charles Harnage, Henry Kuker, Alan Medina-Shore, SylviaCastiello, Gerardom2002-03 m2006-07 m2007-08

The following graph depicts the volume of PFBs closed in this district during 2002-03 (black), 2006-07 (blue) and 2007-08 (red) for each Judge in the district. Viewed in monochrome, the columns are in that order left to right.

14000 - gg

*tME

R12000

10000

EM

8000

6000 -

4000

2000

ER . GRWLEfSFR

0 ----.State Average Harnage, Henry Medina-Shore, Kuker, Alan Hill, Charles Castiello, Gerardo

SylviaE2002-03 B2006-07 m2007-08

Page 102 of 176 (return to Table of Contents) 2008 OJCC Annual Report

I 0�040