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