Report No. 05890, Justices of Peace, Constables 58'3
STATE OF FLORIDA
STATE AUDITING DEPARTMENT
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*** MONROE COUNTY ***
JUSTICES OF THE PEACE , DIST. NOS . 1 , 2 , 3, AND 4
CONSTABLES , DIST . NOS . 1 , 2 , 3, AND 4
FORMER CONSTABLE, DISTRICT NO. 4
DATED : JANUARY 20, 1964
Sb6U
STATE OF FLORIDA
STATE AUDITING DEPARTMENT
REPORT ON AUDIT
OF THE FOLLOWING OFFICIALS OF
MONROE COUNTY
AS OF PAGES
elmiro Morales 7-31 -63 I - 2
JUSTICE OF THE PEACE , DISTRICT No. I EdBerl R. Finder 7-31 -63 3- 4
JUSTICE OF THE PEACE , DISTRICT No. 2
JUSTICE OF THE PEACE , DISTRICT No. 3 Norman D. Mart in-Ve gue 7-31 -63 5- 6
JUSTICE OF THE PEACE, DISTRICT NO. 4 George J. Rawl tns 7-31 -63 e R. Johnson 7-31 -63 7-
IO
9
CONSTABLE , DISTRICT NO. I
CONSTABLE, DISTRICT NO. 3 Jose Donaldy(Doc)J MacDonald 7-31 -63 12-13
CONSTABLE, DISTRICT NO. 3
FORMER CONSTABLE , DISTRICT NO. 4 Clifford RayePh B. RCurry 7-31 -63 16-17
CONSTABLE,, DISTRICT NO.
4
DATED : JANUARY 20, 1964
BY : C. W. LUTZ , AUDITOR
ar 4
,4?„� STATE OF FLORIDA
STATE AUDITING DEPARTMENT
.14
Tallahassee, Florida
ERN EST ELL!eON,O.V,A. January 20, 1964
STATE AUDITOP
Honorable Farris Bryant , Governor
AND THE
Apbropriations and Auditing Committee
OF THE
Legislative Council
Sirs:
Pursuant to law, I have directed that an audit be made of the
accounts and records of
HON. EDELMIRO MORALES
•
JUSTICE OF THE PEACE, DISTRICT NO, i
MONROE COUNTY, AT KEY WEST
For the period beginning August i, 196s ,
and ending July 31 , 1963,
and present this report thereon.
COMMENTS
The Justice did not have criminal trial jurisdiction.
Official prenumbered receipts were issued for all collections of
record. Collections and remittances during the audit period are summarized as
follows:
COLLECTIONS $909.59
REMITTANCES TO COUNTY 884.35
Balance , July 31, 1963 $ 25 .24( 1 )
NOTE : ( I ) REMITTED AFTER THE CLOSE OF
THE AUDIT PERIOD .
The docket was currently posted and was indexed.
The Board of County Commissioners paid the Justice' s salary of
$3, 600 a year, as provided by Chapter 57-619, Acts of 1957. Proper retirement
deductions were made and remitted to the retirement system by the county.
1
The Justice received $125 a month from the county for office expenses,
as provided by Chapter 61-907, Acts of 1961.
Respectfully submitted,
(Signed) Ernest Ellison,
State Auditor
Audit made by:
(Signed) C. W. Lutz, Auditor
2
1Si •Li„
+li STATE OP FLORIDA
� if i�l»i'
1 'I STATE AUDITING DEPARTMENT
ENNEBT E LLIBON,G0.A. Tallahassee, Florida
atATE Auo„o„ January 20, 1964
Honorable Farris Bryant , Governor
AND THE -
Appropriations and Auditing Committee
OF THE
Legislative Council
Sirs:
Pursuant to law, I have directed that an audit be made of the
accounts and records of
HON. BERL R. PINDER
JUSTICE OF THE PEACE, DISTRICT NO. 2
MONROE COUNTY, AT KEY WEST
For the period beginning August 1 , 101,
and ending July al , 1969,
and present this report thereon.
COMMENTS
The Justice did not have criminal trial jurisdiction.
Official prenumbered receipts were issued for all collections of
record. Collections during the audit period totaling $151. 44 were remitted to
the county.
The docket was currently posted and was indexed.
The Board of County Commissioners paid the Justice' s salary of $300
a month, as provided by Chapter 28407, Acts of 1953. Proper retirement deduc-
tions were made and remitted to the retirement system by the county.
3
The Justice received $125 a month from the county for office expenses,
as provided by Chapter 81-907, Acts of 1981.
Respectfully submitted,
(Signed) Ernest Ellison,
State Auditor
Audit made by:
(Signed) C. W. Lutz. Auditor
4
STATE OF FLORIDA
•Ii: ^.^P, STATE AUDITINt3 DEPARTMENT
'410 it
Tallahassee, Florida
STATEAUEa N STA E1 A: DITOR P.A. January 20, 1964
Honorable Farris Bryant , Governor
AND THE
Appropriations and Auditing Committee
OF THE
Legislative Council
Sirs:
Pursuant to law, I have directed that an audit be made of the
accounts and records of
HON. NORMAN D. MARTIN-VEGUE
JUSTICE OF THE PEACE , DISTRICT NO. 3
MONROE COUNTY, AT MARATHON
For the period beginning August t, 1961 ,
and ending July 31 , 1263,
and present this report thereon.
COMMENTS
The Justice exercised criminal trial jurisdiction under the provisions
of Section 31. 24, Florida Statutes.
Official prenumbered receipts were issued for all collections of record.
Collections and remittances during the audit period are summarized as follows:
BALANCE , AUGUST I , I961 $ 260.00
COLLECTIONS 1 ,381 .00
Total $1 ,641 .00
REMITTANCES TO COUNTY 1 ,421 .00
Balance , July 31 , rg63 $ 220.00(1 )
NOTE : (1 ) REMITTED AFTER THE CLOSE OF
THE AUDIT PERIOD .
A balanced cashbook was installed after the close of the audit period.
The docket was currently posted and was indexed.
5
The Board of County Commissioners paid the Justice a salary of $2,700
a year and $75 a month for office expenses, as provided by Chapter 28484, Acts
of 1953. Proper retirement deductions were made and remitted to the retirement
system by the county.
Respectfully submitted,
(Signed) Ernest Ellison,
State Auditor
Audit made by:
(Signed) C. W. Lutz, Auditor
6
STATE OF FLORIDA
4 C.
�WV ert n - STATE AUDITING DEPARTMENT
ERNEST tLLISON,O.R.A. Tallahassee, Florida
sTatt Umtaw January 20, 1964
Honorable Farris Bryant . Governor
AND THE
Appropriations and Auditing Committee
OF THE
Legislative Council
Sirs:
Pursuant to law, I have directed that an audit be made of the
accounts and records of
HON. GEORGE J. RAWLINS
JUSTICE OF THE PEACE, DISTRICT NO. 4
MONROE COUNTY, AT ISLAMORADA
For the period beginning August 1 , 101 ,
and ending July 31 , 1963,
and present this report thereon.
COMMENTS
The Justice exercised criminal trial jurisdiction under the provisions
of Section 37. 24, Florida Statutes.
Official collections of record were receipted for on prenumbered
receipts and were deposited to the County Fine and Forfeiture Fund. Collections
and remittances are summarized as follows:
CASH BALANCE , AUGUST I , 1961 $ 580,00
COLLECTIONS 2,767 .27
Total $3,347 . 27
REMITTANCES AND DISBURSEMENTS :
REMITTANCES TO COUNTY $3, 177.27
REFUNDS OF CASH BONDS 150.00
WITHDRAWALS BY JUSTICE 20.00
Tetal $3,347 .27
There were no official resources or liabilities of record at
July 31, 1963.
7
The Justice' s cash balance at July 31, 1963, included $427 stated to be.
partial collections on fines that had not yet been Imposed by the court. Since
the Justice is without apparent legal authority to collect fines prior to imposi-
tion of the sentence, it is presumed that the collections were made in a personal
capacity instead of an official capacity. The Attorney General, in an opinion
dated January 11, 1960 (page 447, Biennial Report 1959-60) . ruled that collections
in a personal capacity should not be commingled with public money as defined by
Chapter 219, Florida statutes.
Pursuant to the provisions of Section 21. 121(3) , Florida Statutes, the
Justice submitted a rebuttal to the adverse findings in the preceding paragraph.
The Justice' s rebuttal is shown on exhibit A.
A balanced cashbook was kept. A signed and indexed docket was kept by
the Justice.
The county paid the Justice a salary of $2, 700 a year and $75 a month
for office expenses, as provided by Chapter 59-771, Acts of 1959. Proper retire-
ment deductions were made by the county and remitted to the retirement system.
EXHIBIT
The following exhibit is attached to and forms a part of this report:
EXHIBIT - A Rebuttal.
Respectfully submitted,
(Signed) Ernest Ellison,
State Auditor
Audit made by:
(Signed) C. W. Lutz, Auditor
A
MONROE COUNTY EXHIBIT - A
JUSTICE OF THE PEACE, DISTRICT NO. 4
REBUTTAL
August a , 1961 to July 31 , 1963
•
To State Auditing Dept. Attent Mr. Ellison. 17 January 1964.
No fine has ever been or can be collected by this Court before a finding of
guilty after due hearing or upon a plea of guilty with a waiver of hearing.
The A427.00 referred to represents unclosed cases; 3 criminal and 13 civil.
It consists of court costs or filing fees, fines in criminal oases, and
partial collections of damages awarded to plaintiffs. When a case is closed
it is written off wy books; fines, costs and fees to Fine & Forfeiture Fund,
awards to plaintiffs.
All collections are receipted for on Form CF-1 and deposited to my official
bank account. All payments are by check against said bark account.
I realise I am not required to make collections of awards to plaintiffs
through the Court. I do so, without remuneration, as a service to the
community, and do not consider it "personal" in any sense.
Geo.. J/ lime.
J.P.4.
EXHIBIT - A
9
Ilk, STATE OF FLORIDA
\ 3= STATE AUDITING DEPARTMENT
ERNEST ELLISON,C.P.A. Tallahassee, Florida
AUDITOR January 20, 1964
Honorable Farris Bryant, Governor
AND THE
Appropriations and Auditing Committee
OF THE
Legislative Council
Sirs:
Pursuant to law. I have directed that an audit be made of the
accounts and records of
HON. LAURA R. JOHNSON
CONSTABLE, DISTRICT NO. I
MONROE COUNTY. AT KEY WEST
For the period beginning August 1, 1961 ,
and ending July 31 , 1963,
and present this report thereon.
COMMENTS
There were no collections of record during the audit period.
The Board of County Commissioners paid the Constable' s salary of
$300 a month, as provided by chapter 28453, Acts of 1953. Proper retirement
deductions were made and remitted to the retirement system by the county.
Respectfully submitted,
(Signed) Ernest Ellison,
State Auditor
Audit made by:
(Signed) C. W. Lutz. Auditor
10
ictiakFt
r� ja STATE OF FLORIDA
xx
'C y�kiz, STATE AUDITING DEPARTMENT
ERNEST ELLISON,C.P.A. Tallahassee, Florida
AUP1T014 January 20. 1964
Honorable Farris Bryant , Governor
AND THE
Appropriations and Auditing Committee
OF THE
Legislative Council
Sirs:
Pursuant to law. I have directed that an audit be made of the
accounts and records of
HON. JOSE (SMOKY JOEI ESPINOSA
CONSTABLE. DISTRICT NO. 2
MONROE COUNTY. AT KEY WEST
For the period beginning August i, 701 .
and ending July 3i , 1963,
and present this report thereon.
COMMENTS
There were no collections of record during the audit period.
The Board of County Commissioners paid the Constable' s salary of
deductions$300 a 9. Acts of 1653.
per
t weres provided remittedt to then retirement system by the county.ant
Respectfully submitted,
(Signed) Ernest Ellison,
State Auditor
Audit made by:
(Signed) C. W. Lutz, Auditor
11
1y 04
s/ STATE OF FLORIDA
.A • ,,i STATE AUDITING DEPARTMENT
4aA3
ERNEST EwSON,C.P.A. Tallahassee, Florida
STATc aoop.oa January 20, 1964
Honorable Farris Bryant . Governor
AND THE
Appropriations and Auditing Committee
OF THE
Legislative Council
Sirs:
Pursuant to law, I have directed that an audit be made of the
accounts and records of
HON. DONALD (DOC) MAODONALD
CONSTABLE . DISTRICT NO. 3
MONROE COUNTY, AT MARATHON
For the period beginning August t , I961 .
and ending July 31 , 1gbq,
and present this report thereon.
COMMENTS
All collections of record were accounted for. Fees were collected
for service of civil papers. The mileage portion of the collections was
retained by the Constable, as provided by Chapter 59-1012. Acts of 1959. Collec-
tions and remittances during the audit period are summarized as follows:
BALANCE . AUGUST I , 1961 $ 60.83
COLLECTIONS 176 . 30
Total 5237. 13
REMITTANCES TO COUNTY $83.03
WITHDRAWALS BY CONSTABLE
FOR MILEAGE 90.90 173.93
Balance, July qi , 196A $ 63.2011 )
NOTE : ( 1 ) INCLUDED IN THE BALANCE IS $26 , WHICH WAS REMITTED
TO THE COUNTY AFTER THE CLOSE OF THE AUDIT PERIOD.
Official prenumbered receipts required by Chapter 219. Florida Statutes.
were not issued in some instances. The Constable kept a balanced cash receipts
and disbursements record on columnar forms.
12
The Board of County Commissioners paid the Constable a monthly salary
of $300. as provided by Chapter 28485, Acts of 1953. Proper retirement
deductions were made and remitted to the retirement system by the county.
Respectfully submitted,
(Signed) Ernest Ellison,
State Auditor
Audit made by:
(Signed) C. W. Lutz, Auditor
13
te� '� �� STATE OF FLORIDA
A,r�y�� w i.
'ktM w'�+ �j STATE AUDITING DEPARTMENT
lb Iiir
Tallahassee, Florida
ERN EST"ATE
AUDITOR A. January 20, 1964
Honorable Farris Bryant , Governor
AND THE
Abbropriations and Auditing Committee
OF THE
Legislative Council
Sirs:
Pursuant to law, I have directed that an audit be made of the
accounts and records of
HON. JOSEPH B. PINDER
FORMER CONSTABLE, DISTRICT NO. 4
MONROE COUNTY, AT ISLAMORADA
r
For the Period beginning August 1 , 196r ,
and ending January 7, 1063,
the end of his term of office ,
and subsequent transactions to January u , 103.
closing his financial accounts ,
and present this report thereon.
COMMENTS
All collections of record were accounted for. The only liability
of record at January 7, 1963, was $81 for collections due the Board of County
Commissioners. On January 11, 1963, this amount was remitted to the county,
and the financial accounts were closed.
Fees were collected for service of civil papers. The mileage
portion of the collections was retained by the former Constable, as provided
by Chapter 61-2492. Special Acts of 1961.
14
The Board of County Commissioners paid the former Constable a monthly
salary of $300, as provided by Chapter 59-770, Acts of 1959. Proper retirement
deductions were made and remitted to the retirement system by the county.
Respectfully submitted,
(Signed) Ernest Ellison,
State Auditor
Audit made by:
(Signed) C. W. Lutz, Auditor
i
15
"' ��NN STATE OF FLORIDA
A I: STATE AUDITING DEPARTMENT
ERNEST ELLISON,C.G.A. Tallahassee, Florida
S rA.. AUDITOR January 20, 1964
Honorable Farris Bryant , Governor
AND THE
Appropriations and Auditing Committee
OF THE
Legislative Council
Sirs:
Pursuant to law, I have directed that an audit be made of the
accounts and records of
HON. CLIFFORD RAY CURRY
CONSTABLE, DISTRICT NO. 4
MONROE COUNTY, AT ISLAMORADA
For the period beginning January 8, 1963,
the beginning of his term of office,
and ending July 31, 1963•
and present this report thereon.
COMMENTS
All collections of record were accounted for. Fees were collected
for service of civil papers. The mileage portion of the collections was
retained by the Constable, as
of 1961.
Collections and remittances duringprovided Chapter l 9 the audit period are summarized as2, Specialts follows;
COLLECTIONS $149. 10
REMITTANCES TO COUNTY $90.00
WITHDRAWALS BY CONSTABLE FOR MILEAGE 21 .50 111 .50
Hatance, July 31 , 1963 $ 37.60(1 )
NOTE: ( I ) INCLUDED IN THE BALANCE IS $3, WHICH WAS
REMITTED TO THE COUNTY AFTER THE CLOSE OF THE
AUDIT PERIOD. THE BALANCE OF $34.60 IS
CONSTABLES MILEAGE NOT WITHDRAWN .
16
The Constable kept a balanced cashbook. Official ➢renumbered
receipts were issued for collections of cash. Receipts were not issued for
money received by check or received from the Justice of the Peace. The
Constable stated that in the future he would issue official receipts for all
collections.
The Board of County Commissioners paid the Constable a monthly salary
of $300, as provided by Chapter 59-770, Acts of 1959. Proper retirement
deductions were made and remitted to the retirement system by the county.
Respectfully submitted,
(Signed) Ernest Ellison,
State Auditor
Audit made by:
(Signed) C. W. Lutz, Auditor
1'7