Knight v. Chief Judge of Florida's Twelfth Judicial Circuit
Docket: Case No. 2D17-965
Court: District Court of Appeal of Florida; December 26, 2017; Florida; State Appellate Court
The Sheriff of Sarasota County has petitioned for certiorari review of Administrative Order 2017-4.2, issued by the Chief Judge of Florida’s Twelfth Judicial Circuit, which mandates the Sheriff to provide security for various court facilities, including those not holding court sessions. The court has jurisdiction to review claims regarding a chief judge exceeding authority through administrative orders, as established in previous case law. The Sheriff failed to demonstrate that the Chief Judge overstepped his authority, leading to the denial of the petition.
The contested provisions require the Sheriff to ensure security for facilities that primarily house the Clerk’s offices, judicial chambers, and court staff offices. Specific security measures mandated include identification verification and searches of all individuals entering through public access points, using approved personnel and equipment. Searches aim to detect contraband and other hazardous materials, with individuals refusing searches being denied access. Furthermore, the Sheriff is required to perform background checks on individuals granted secure access to the facilities, as well as on vendors regularly working there.
The Sheriff contends that the Chief Judge's direction exceeds the authority granted under section 30.15 of the Florida Statutes, which he argues limits his security responsibilities to actual court sessions. He claims that the Chief Judge's order improperly defines how security should be managed even within a courtroom. Conversely, the Chief Judge argues that the Sheriff has not proven any overreach, asserting that the order pertains to the Sheriff’s role as an officer of the court aimed at facilitating the administration of justice.
The Sheriff has not demonstrated that the Chief Judge overstepped his authority in issuing Administrative Order 2017-4.2. The Florida Constitution delineates the powers of government branches, stating that individuals from one branch cannot exercise powers of another unless explicitly allowed. The Chief Judge is tasked with overseeing administrative functions within circuit and county courts, while the Sheriff operates under powers defined by law. Florida Statutes section 43.26(2)(e) grants the Chief Judge the authority to ensure efficient court administration, supported by Florida Rule of Judicial Administration 2.215(b)(3), which mandates the Chief Judge to manage the operation of all courts in the circuit. This power includes directing policies and enforcing compliance among court personnel and judges through administrative orders.
The Sheriff’s concern lies in whether the Chief Judge's authority extends beyond courtroom confines. Section 43.26(6) states that clerks of court are essential for judicial operations and may be authorized by the Chief Judge to maintain court facilities. Rule 2.215(b)(9) empowers the Chief Judge to regulate court facilities, although it does not explicitly define "court facilities." Guidance is provided by section 29.008(1)(a) of the Florida Statutes, which defines facilities as necessary buildings and spaces for court-related functions, encompassing areas for legal materials and operations of public defenders, state attorneys, and clerk offices. Thus, the Chief Judge’s authority to require compliance from the Sheriff regarding administrative orders aimed at efficient justice administration is affirmed.
The term "facility" encompasses all wiring necessary for court reporting services and includes parking access related to court functions, available at no cost or for a fee. The Chief Judge's authority, under section 43.26 and rule 2.215, extends beyond the courtroom to all court facilities specified in the administrative order. The Chief Judge is empowered to regulate court facility security, with the Florida Constitution mandating counties to fund security for trial courts and related offices. Security costs include those for law enforcement or licensed security personnel, as well as monitoring devices to ensure safety for all individuals in the facility.
The Sheriff acknowledges the Chief Judge's authority but claims the Chief exceeded his power by requiring the Sheriff to provide security exclusively. However, the Sheriff fails to cite any legal source prohibiting this mandate. Section 30.15(1)(j) states the Sheriff must perform duties imposed by law, which includes complying with the Chief Judge's administrative orders regarding security. The Chief Judge's order does not dictate specific methods for the Sheriff to implement security, allowing discretion in procedures and resources.
The Sheriff’s argument that the order requires him to use personal funds is rejected, as funding for security is the county’s responsibility according to article V, section 14, subsection (c) of the Florida Constitution and section 29.008. The Chief Judge did not exceed his authority in issuing the order, leading to the denial of the Sheriff’s petition. Judges NORTHCUTT and CRENSHAW concurred, while Judge BADALAMENTI concurred with an opinion.
