Resolution 357-2017RESOLUTION NO. 357 - 2017
A RESOLUTION OF THE BOARD OF COUNTY COMMMISSIONERS
OF MONROE COUNTY, FLORIDA EXPRESSING OPPOSITION TO
THE DECERTIFICATION OF ANY MONROE COUNTY COURT
JUDGESHIPS AND TO ANY REDUCTIONS TO THE LOCAL
JUDICIARY; ENCOURAGING THE LEGISLATIVE DELEGATION TO
OPPOSE ANY SUCH REDUCTIONS; AND DIRECTING COUNTY
STAFF AND COUNTY LOBBYISTS TO WORK TO OPPOSE ANY SUCH
REDUCTIONS.
WHEREAS, on November 22, 2017, the Supreme Court of Florida issued opinion
number SC16 -2127 in which it "decertified the need" for one of Monroe County's four (4)
County Court Judgeships; and
WHEREAS, in that same opinion, the Supreme Court indicated they would be
monitoring the workload of a second Monroe County Court Judgeship over the next year to
determine if that judgeship should also be decertified; and
WHEREAS, due to the uncertainty of litigation related to Hurricane Irma, the Supreme
Court indicated that it was holding off on decertifying a second judgeship for now; and
WHEREAS, the Supreme Court's "Certification of Need" fails to fully comprehend the
unique history and circumstances in the 16 Judicial Circuit and Monroe County; and
WHEREAS, Monroe County is home to the archipelago known as the Florida Keys,
which consists of some of the most unique geography within the State of Florida; and
WHEREAS, in recognition of this unique geography, the Florida Legislature has
designated the Florida Keys as an Area of Critical State Concern s since 1979; and
WHEREAS, included within the unique geography of the Florida Keys, are forty -three
(43) islands which are linked only by the forty -two (42) bridges along U.S. 1, which is also
known as the Overseas Highway; and
WHEREAS, the Overseas Highway stretches over 112 miles from mile marker zero in
front of the main courthouse in Key West to the Miami -Dade County line; and
WHEREAS, the Overseas Highway is limited to two (2) lanes of travel, one in each
direction, for much of that 112 miles; and
1 See, e.g. § 6, ch. 79 -73, Laws of Florida; see also, F.S. 380.0552.
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WHEREAS, because the Overseas Highway is limited to one (1) lane of traffic in each
direction, traffic accidents often lead to long delays because law enforcement must shut down the
highway entirely to work and clear a scene, especially during traffic homicide investigations; and
WHEREAS, whenever there is a fatal accident or one where at least one victim's fate
hangs in the balance, the Florida Highway Patrol's traffic homicide unit must travel down from
Miami -Dade County to Monroe County in order to investigate the accident scene, leaving the
road closed and traffic backed up for hours; and
WHEREAS, from 2013 through 2015, Monroe County averaged just over 2,100 traffic
crashes per year, which resulted in an average of 1,250 each year; and
WHEREAS, during that same time period, Monroe County averaged twenty -two (22)
traffic related fatalities per year — or almost two (2) per month - when pedestrians and bicyclist
deaths are factored in; and
WHEREAS, given that the Overseas Highway is the one and only road linking forty -
three (43) of the Florida Keys via forty -two (42) bridges, traffic accident related road closures
are a fact of life for those residents and visitors to Monroe County; and
WHEREAS, the limitations placed on travel over the Overseas Highway are unique to
the Florida Keys and affect the manner in which the public's business is conducted in Monroe
County; and
WHEREAS, because the population of Monroe County is distributed throughout the
Florida Keys, virtually all local and many state services are provided in separate locations in the
Lower, Middle, and Upper Keys; and
WHEREAS, for over forty (40) years, Monroe County has operated branch courthouses
in Marathon, which is located in the Middle Keys, and on Plantation Key in the Upper Keys, in
addition to the main courthouse at the County seat in Key West; and
WHEREAS, the two (2) branch courthouses are located in population centers which
were of such significant size that the Legislature adopted special acts during the late 1990's
which enabled both the City of Marathon and the Village of Islatnorada (which includes
Plantation Key) to incorporate; and
WHEREAS, the Marathon and Plantation Key branch courthouses enable residents of
the Middle and Upper Keys to conduct all business before the court, including but not limited to
fulfilling jury duty service obligations, without having to drive as much as 224 miles, round trip,
over the much traveled Overseas Highway to the main courthouse in Key West; and
2 According to the Florida Department of Highway Safety and Motor Vehicles, annual Reports 2014, 2015.
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WHEREAS, the Legislature has historically recognized the unique challenges of
providing judicial services to the residents of the Florida Keys and Monroe County by
designating it as a single county circuit, one (1) of only five (5) such single county circuits out
of the twenty (20) judicial circuits in Florida; and
WHEREAS, because of geographical challenges which are unique to Monroe County,
the 16 Judicial Circuit has been divided into three (3) separate and distinct jury districts,
composed of the Upper, Middle and Lower Keys jury districts, with each region served by a
separate courthouse; and
WHEREAS, because of this unique geography, the 16 Judicial Circuit can, and
should,really be thought of as a three (3) county circuit; and
WHEREAS, if the Upper Keys jury district were a separate county serviced by the
Plantation Key courthouse, that facility would serve an estimated population in excess of 20,000
residents, which is more people than the populations of thirteen (13) other Florida counties; and
WHEREAS, if the Middle Keys jury district were a separate county serviced by the
Marathon courthouse, that facility would serve an estimated population of almost 10,000
residents, which would still be larger than the entire populations of two (2) other Florida
counties; and
WHEREAS, in recognition of the value of, and need for, providing judicial services to
residents of the geographically dispersed 16 Judicial Circuit, the Legislature has previously
authorized that Monroe County be served by four (4) County Court Judgeships and four Circuit
Court Judgeships; and
WHEREAS, the Plantation and Marathon branch courthouses are each currently served
by one (1) County Court Judge; in addition, the Plantation Key courthouse is served by one (1)
Circuit Court Judge; and
3 The five single county judicial circuits are the: 11` Circuit/Miami -Dade; 13` Circuit/Hillsborough; 15`
Circuit/Palm Beach; 16` Circuit/Monroe; and 17` CircuitBroward. F.S. 26.021.
4 Monroe County is divided into three separate and distinct jury districts in the Lower, Middle, and Upper Keys
pursuant to the process set forth in F.S. 40.15.
5 This figure represents estimated census population, but not tourists, second homeowners, and others factored into
the functional population of the area.
G Holmes (19,76 1), Madison (18,93 1), Gilchrist (16,859), Dixie (16,073), Gulf (15,707), Union (15,263), Calhoun
(14,7260), Hamilton (14,722), Jefferson (14,214), Glades (13,139), Franklin (11,634), Lafayette (8,809) and Liberty
(8,267) counties based upon 2012 census estimates per http://www.us- places .com /Florida/population -by-
County.htm
7 While the functional population of the greater Marathon area and the Middle Keys jury district is larger, the
estimated 9,500 permanent resident population is larger than the populations of Lafayette (8,809) and Liberty
(8,267) counties.
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WHEREAS, the Board of County Commissioners of Monroe County, Florida finds that
the elimination of any of the four (4) Monroe County Court Judgeships will cause an
unnecessary hardship on the residents of and visitors to Monroe County who may be forced to
drive extended distances to conduct business before the Court; and
WHEREAS, the Board of County Commissioners of Monroe County, Florida finds that
the elimination of any of the four (4) Monroe County Court Judgeships will result in a denial of
access to the courts for Monroe County residents and visitors and will fundamentally alter, in a
negative way, the manner in which judicial services are provided in the 16 Judicial Circuit; and
WHEREAS, the U.S. Supreme Court has held that access to the courts must be
"adequate, effective, and meaningful " to be constitutional under the U.S. Constitution; and
WHEREAS, it is the mission and vision of the Florida Judicial Branch "to be accessible,
the Florida justice system will be convenient, understandable, timely, and affordable to
everyone " (emphasis added); hence, "access to the courts" means not only physical access but
also timely access to the judicial process; and
WHEREAS, a reduction of Monroe County Court Judgeships will lead to unprecedented
delays and inconvenience for the citizens of and visitors to Monroe who seek to participate in the
justice system, whether they are jurors fulfilling one of the most solemn obligations of the
citizenry, litigants seeking to resolve their differences peacefully as is customary in a civilized
society, or crime victims seeking to be heard in the pursuit of justice; and
WHEREAS, `justice delayed is justice denied "
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1 : The Monroe County Commission urges the Florida Legislature to reject
the recommendations of the Florida Supreme Court in SC17 -1936 and
retain a total of four (4) County Judgeships in Monroe County for 2018
and in subsequent years.
8 Access to the courts is a fundamental constitutional right. See, e.g., Bounds v. Smith, 430 U.S. 817 (1977).
9 Id., at 822.
10 See, http: / /Mvrv.flcoca- ts.org/florida- courts /mission- and- vision.stmL
11 This phrase has been attributed to William Glastone and William Penn among others. See,
https ://yalealunininiagazine.com /articles /2967 -vou -can- quote- theni A Westlaw search of the phrase produces 575
decisions from 45 state courts and all federal circuit courts of appeal. The phrase appears in 9 decisions of the
Florida Supreme Court and 18 the five Districts Courts of Appeal.
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a
Section 2 : The Clerk is hereby authorized to transmit a certified copy of this
Resolution to Senator Anitere Flores and Representative Holly Raschein.
Section 3 : The Commission directs the County Administrator, the County Attorney,
County staff, and the County's lobbyists to vigorously advocate against
any reductions in the number of Monroe County Court Judgeships.
Section 4 : This Resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting of said Board held on the 13 day of December, 2017, in Key Largo,
Florida.
Mayor David Rice
Mayor Pro Tem Sylvia Murphy
Commissioner Danny Kolhage
Commissioner George Neugent
Commissioner Heather Carruthers
Yes
Yes
Yes
Yes
Yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Madok, Clerk
By: Q
eputy Clerk
By: � 1
Ma or - .-
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MONROE COUNTY ATTORNEY
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Page 5 of 5
COURr
4 p•,d "` " „`• ` Kevin Madok, CPA
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r Clerk of the Circuit Court &Comptroller — Monroe County, Florida
R OE co
December 15, 2017
Senator Anitere Flores
404 Senate Office Building
402 S Monroe Street
Tallahassee FL 32399 -1300
Honorable Representative Flores,
Enclosed is a certified copy of' Resolution No. 357 -2017 expressing opposition to the
decertification ol'any Monroe County CourtJudgeships and to any reductions to the local
judicia) encouraging the legislative delegation to oppose any such reductions; and directing
county stiff and county lobbyists to work to oppose any such reductions.
This Resolution ivas adopted by the Monroe County Board ol' County Commissioners at a
regular meeting, field in Iornnal session, on December 13, 2017. Should you have any questions,
please feel free to contact nne at (305) 292 -3550.
Respectfully Submitted,
Kevin Madok, CPA, Clerk ol' the
Circuit Court and ex- ollicio to the
Monroe County Board of' County
Commissioners
13y. Pwnela G. Hxicock, D. C.
cc: File
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
305 - 294 -4641 305 - 289 -6027 305 - 852 -7145
PK/ROTH BUILDING
50 High Point Road
Plantation Key, Florida 33070
305 - 852 -7145
GAR COUR? o
Kevin Madok, cPA
s' .. .. .... Clerk of the Circuit Court & Comptroller — Monroe County, Florida
O,
R OE COON`
November 27, 2017
Representative Holly Raschein
209 House Office Building
402 S Monroe Street
Tallahassee FL 32399 -1300
Honorable Representative Raschein,
Enclosed is a certified copy of Resolution No. 357 -2017 expressing opposition to the
decertification of any Monroe County Court. Judgeships and to ally reductions to the local
judiciary; encouraging the legislative delegation to oppose any such reductions; and directing
county stall and county lobbyists to work to oppose any such reductions.
This Resolution was adopted by the Monroe County Board of Count} Commissioners at a
regular meeting, held in formal session, on December 13, 2017. Should you llavc any questions,
please Icel free to contact me at (305) 292 -3550.
Respectlully Submitted,
Kevin Madok, CPA, Clerk of the
Circuit. Court and ex- oflicio to the
Monroe County Board of County
Conin11ssioIlers
By: Pamela G. H,vlcock, D.C.
cc: File
KEY WEST
500 Whitehead Street
Key West, Florida 33040
305 - 294 -4641
MARATHON
3117 Overseas Highway
Marathon, Florida 33050
305 - 289 -6027
PLANTATION KEY
88820 Overseas Highway
Plantation Key, Florida 33070
305 -852 -7145
PK/ROTH BUILDING
50 High Point Road
Plantation Key, Florida 33070
305 - 852 -7145