Resolution 256-1983 JUDGE RI PAYNE
REPEALED
RESOLUTION NO. 256 -1983 Date __._R- 237
RESOLUTION ESTABLISHING COUNTY Page 2- .-Book--
CORRECTIONAL _ ,..,_,
SERVICES DEPARTMENT
WHEREAS , the County Court Judges of Monroe County, Florida
are desirous of establishing under the Board of County
Commissioners of Monroe County, Florida, a- County Correctional
Services Department for the purposes of implementing the
provisions of Florida Statutes Chapter 948 , now, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, as follows:
1. That there is hereby established in accordance with the
Administrative Order No. 81-5 of the Circuit Court of the
Sixteenth Judicial Circuit of the State of Florida, a public
entity under the authority of Florida Statute 948. 01 (6) known as
the County Correctional Services Department. A true copy of
Administrative Order No. 81-5 is attached hereto and incorporated
herein by reference and the provisions of the same are hereby.
adopted, ratified and affirmed.
Passed and adopted by the Board of County Commissioners of
Monroe Coutny, Florida, at a regular meeting of said Board held
on the 16th day of September, A.D. 1983.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY (2e.4.4,4,-,
ayorfnd Chairman
, isil
(Seal)
Attest:
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� @as Ar-
E LEE
IAl;m_i„) neN . a-mcid.:) 10 (
s Clerk
APPROVED AS TO FORM ii
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Alr LgGAZ SUFFICIENCY.
By
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✓� Attorney's Office - .
IN THE CIRCUIT COURT OF THE 16TH
JUDICIAL CIRCUIT OF THE STATE OF
FLORIDA, IN AND FOR MONROECOUNTY
IN RE: RE-ORGANIZATION OF THE
COUNTY COURT PROBATION •
DEPARTMENT
ADMINISTRATIVE ORDER NO.
AMENDMENT TO 81-5
• WHEREAS, the judges of the County Court have indicated that
there is a need to- re-organize and restructure the County Court
Probation Department, now therefore, it - is
ORDERED that:
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ESTABLISHMENT-GOALS and PURPOSES
1. The County .Correctional Services Department is hereby established
to take effect September 1, 1983, as a public entity' organized and
• .existing under the authority of Florida Statute 94.8.• 01 -(6) .
2: The purpose of the Department is to provide supervised probation
- ,services to the County Courts of Monroe County, Florida by• qualified
personnel. . The scope and ambit of said services shall be inclusive of
all probation. .and public service work supervision as outlined by Florida
Statutes Chapter 948 and as otherwise authorized by law, said services
to include but not be limited to supervising and counseling all misdem-
eanant, criminal traffic and ordinance violator defendants placed on
probation by the County Court. or ordered to perform public• service work
or make victim restitution. The department may also become. authorized
to provide DUI school and pre-trial.. intervention programs should the
same be deemed advisable in the future. The purpose of the department
shall be to assist the County Court in supervising probationers and in
general to carry out those provisions so as to assist the County Court
in monitoring those individuals who' have been placed on probation.
. 3. The department shall also have the authority to use any other
• agency necessary to carry out, the' orders of the. Court. The department
• shall have the authority to supervise all probationers., the discretion
to carry out the orders of the . Court, enforce. the conditions of probation,
issue complaints or affidavits for violation of probation, appear in
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court. and offer testimony in support of the complaint or affidavit,
' but shall not have the power of arrest.
4. The 'Board of Governors shall have the authority to contract
with the State of Florida and federal authorities to provide probation
and pre-trial services as shall from time-to-time be authorized by the
, Board of. Governors within the purview of this Order and to contract
to obtain such insurances as shall be deemed necessary for the department
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.RE-ORGANIZATION
5. The department and all employees thereof shall be employees
of the Board of County Commissioners of Monroe County, Florida and they
shall be classified as exempt judicial employees who shall serve at the
pleasure of the Board of- Governors. The Board of Governors shall be
the three County Court Judges of Monroe County and the Court Admin-
• istrator of the Sixteenth Judicial Circuit. A quorum shall consist ' .
of any three of said governors and the Board business shall be conducted
by a simple majority vote: of the quorum. The Board of Governors shall
establish the policies for administration of the probation department
and shall determine such matters as the number of personnel to be hired,
their duties and rate of compensation. The Director of the department
shall be an employee of the department appointed. by a majority vote
of the governing board' s quorum. The Director shall supervise the day
to day operations of the probation department and its employees and
shall prepare an annual operating budget for the department. Said
budget as prepared shall be submitted to the Court .Administrator who •
shall place said budget before the Board of Governors for approval or
amendments., Said budget as approved or amended. shall be then' submitted
to the Board of County. Commissioners for approval in the manner as
shall. be required by the Board of County Commissioners of Monroe County,
Florida. The fiscal year of the department shall be identical to that
of other departments under the Board of County Commissioners of Monroe
County, Florida.. •
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2a r.
6. The Clerk of the Circuit Court shall act as fiscal agent for
the department and shall collect and disburse all sums assessed as
• probation supervision fees, victim restitution and State and Federal
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funds payable to the department. For said services the clerk shall
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be entitled to receive reasonable compensation for such duties in an
amount to be. establishedby 'Administrative Order. of the Chief Circuit .
Judge after consulation with the Clerk of the Circuit Court, Director .
and Board of Governors Of the -department.
OPERATIONS FUNDING-EMPLOYEE BENEFITS
• 7. The cost of operation of the department shall be funded
entirely, from monthly probation supervision fees and such State and
federal funds as maybe generated by the department' s programs.
8. The employees of. the department shall be entitled to receive
' health, sick leave, vacation, insurance and retirement benefits as
all other county employees.
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• LIABILITY INSURANCE FOR PROBATIONERS
9. The Department shall have authority to contract for liability
insurance covering injury to or by probationers engaged in performing
public service -work to be paid from monthly supervision fees.
TRANSITION
10. .Effective. upon execution of this Order the County Correctional
Services Department shall arrange. for the orderly transition of super- .
vision of County Court probation from the Salvation Army to the
department.
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• 11. All funds held by the Salvation Army collected as victim
restitution, fines or court costs, shall be transferred to the Clerk
of Courts. The original . financial records of the •Salvation Army shall
remain the property of the Salvation Army except that true copies
thereof shall be furnished to .the department,.
• 12. All non-financial probation records and. files shall be
transferred to the_ department and the Salvation Army shall be allowed
such copies of the same as they shall desire to make.
13.. The probation offices' at 310 Fleming Street, Key West, Florida
. shall be .vacated by the Salvation Army as soon as can be conveniently
. possible.
14. The Salvation Army shall remit to the Department all funds
collected as advance payment for supervision which said funds represent
probation supervision not yet completed by the probationer on a pro
rata basis representing the supervision yet remaining. The Salvation
Army shall •remit as and when received all State matching probation
funds for which said supervision has not yet been fully completed. .
. Said funds shall be. remitted on a pro rata basis.
15. The department shall be authorized to do such other and- further
acts necessary- to accomplish the transition contemplated herein and all
parties are expected to co-operate fully in the 'orderly transition to
effectuate the purposes set forth herein.
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16. The provisions herein shall supercede the provisions of
Administrative Order 81-5.
17. The provisions set forth herein shall become effective
at such time as adopted ,by resolution of the Board of County
Commissioners of Monroe _County, Florida.
DONE and ORDERED this - , day of. August, A.D. 1983
Chief Circuit Judge
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