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SEP 9 1986 CHARLES E. SMITH CIRCUIT JUDGE August 28, 1986,E Airde of A10sibx ewiz bmt4 lubk l (girruff Charles Vitunac, Esquire 1840 - 25th Street Vero Beach, Florida 32960 Dear Mr. Vitunac: BOOK 65 F -A -UE 644 239 COUNTY COURTHOUSE VERO BEACH, FLA. 32960 PHONE: (3051567-8000 EXT. 528 I was recently surprised to learn in talking with Joe Baird, the Finance Director, that money had been taken from the Court Facili- ties Fund for the following purposes: 1) Library shelving for the County Law Library; 2) Video system for the Indian River County Jail for first appearances and other court hearings; and 3) CRTs for the clerk's office. As you know, the Ordinance and the Florida Statute authorizes this Ordinance, imposing an additional filing fee, both in the circuit and county courts, to be paid by the clerk of the court into a non -lapsing fund of Indian River County entitled the "Court Facilities Fund" to be used exclusively by the County in providing and maintaining court facilities. The intent of this ordinance, as evident by my letter of October 19, 1983 to Richard Byrd, Chairman, was to help provide and build a fund for courtrooms and some help in equipment and furniture for the judges offices and courtrooms. See the last paragraph of this letter. See also Gary Brandenburng's, Court Attorney, letter to me of December 27, 1983 in which he states "The funds collected under this ordinance will be placed in anon -lapsing fund of the County to be used.exclusively for providing and main- taining court facilities in the county." -There is a separate filing fee for the County Law Library to be used exclusively for the Law Library.Therefore, I don't see how, in any manner, the Court Facilities Fund could be used for the Law Library. The Clerk has never been known -as and/or used with the term "Court" The word "court" and judges or judge are frequently -used in statutes synonymously. Additionally, the Clerk has a filing fee of her own that she collects and can use and it would make no sense to try to define the clerk's office. as being part of the Court Facilities. As far as the video equipment for the jail or detention center, certainly, under any interpretation, the jail is not court facilities. The reason for this video equipment was to save the expense of the county in transporting a prisoner from the jail to the courthouse for hearings. Therefore, none of this should have been taken, from the Court Facilities Fund. "Court Facilities" under Florida Statute and Ordinance, does not mean "courthouse", or Public Defenders, State Attorneys, Probation Services or Sheriff, which are all part of the judicial system. In fact, the Clerk's office in regard to the judicial system is only part of her duties and she has many other duties which are not part of the judicial system. In summary, it is my interpretation that Court Facilities Fund is limited by Florida Statutes and County Ordinance to equipment, supplies, furniture and so forth for judges offices and courtrooms, and for building funds for additional courtrooms. Would you find out from the Finance Department exactlyliow much money has been expended from the Court Facilities Fund and send me an itemization. Additionally, I would ask that you request the Finance Department to transfer back to the Court Facilities Fund all of these funds that were erroneously expended for other purposes. Also, I would think that a judge should approve each requisition from the Court Facilities Fund in the future. Yours -.truly, Char mith -