HomeMy WebLinkAbout1967-024to
On Motion by commissioner Macdonald, seconded by Commiss
Bogosian, the following Resolution was unanimously adopted:
RESOLUTION NO. 67-24
WHEREAS, Section 35.05, Florida Statutes, provides that, "...the
site of the headquarters of the fourth appellate district shall be in that; -district
and shall be selected by a site location commission having fourteen members
and shall be composed of the following: The seven members of the supreme
court, the governor, the secretary of state, the attorney general, the comp-
troller, the superintendent of public instruction, the state treasurer and the
commissioner of agriculture"; and,
WHEREAS, the said site location commission did meet in the Capitol
in Tallahassee and fix, locate and designate the site of the headquarters of the
fourth appellate district as Vero Beach, Indian River County, Florida; and,
WHEREAS, after such lawful designation of the headquarters of the
court at Vero Beach, the City of Vero Beach did complete the interior of the
second floor of the City Hall to the specifications requested by that court and
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did construct a paved parking lot and did provide all of the Physical facilities
for the establishment of that court and did expend in that effort the total sum
of $49, 762.00; and,
i� WHEREAS, the said court has been since November, 1.965, located
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in Vero Beach, Indian River County, Florida; and,
WHEREAS, the headquarters of said court was established by said
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commission to serve the best interest of all of the citizens of the fourth
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appellate district extending from Brevard and Seminole Counties on the north
through Broward County on the south at a location which was in the center of
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the entire area not only geographically but substantially as to both population
jand case load of said court; and,
WHEREAS, West Palm Beach is located 49 miles from the southern
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limits of the district and 191 miles fxorn thenorthern limits of the district i
i and by comparison, Vero Beach is located 123 miles from the southern limits
and 117 miles from the northern limits of the district; and,
f! WHEREAS, this board is informed that a part of the appeal made by
Palm Beach County for moving the headquarters of this district actually in-
volves a commitment or suggestion from those members of the legislature
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Smith, Heath, Smith & O'Haire, Attorneys At law, Vero Beach, Florid$OK 10 PAGE U327
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proposing such a change that in order to placate the northern areas of this
district, there will be created a fifth appellate district in Florida and that suchl
a fifth appellate district is entirely unnecessary, cannot be justified on a case
load basis and will create unnecessary cxpense to the State of Florida at a
time when everyone is crying for tax relief; and,
WHEREAS, a mathematical computation computed on the basis of
one round trip for each case from the county seat of each county of origin
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to the headquarters Of the Court at Vero Beach shows that the necessary
travel one time round trip to the court for each case was 43, 050 miles for
those cases located north of Vero Beach within the district, and 74, 400 miles
for those located south of Vero Beach in the district, And, by way of i
comparison, if the headquarters of the court had been at West Palm Beach,
those located north of West Palm Beach would have been required to travel
98, 858 miles and those located south of West Palm Beach would have been
required to travel only 18, 016 miles, there again demonstrating the factual
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propriety of the location of the headquarters in Vero Beach; and
WHEREAS, substantially all of the employees of the court were
residents of Vero Beach when the court was established In Vero Beach and to
move the headquarters would require employment and training of new per-
sonnel; Now, therefore,
BE IT RESOLVED by the Board of County Commissioners of Indian
River County, Florida, that this Board does urgently request the Governor and;
each member of the legislature to seriously consider the foregoing facts and
to do any and all things within their power to retain the headquarters of the
i district court of appeal, fourth district, at Vero Beach,
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Smith, Heath, Smith & O'Haire, Attorneys At Law, Vero Reach, Florida
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