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ADMINISTRATIVE OFFICE OF THE COURTSINTER-OFFICE

MEMORANDUM

2009-38

TO: Honorable Jeffrey K. BartonHonorable Marsha EwingHonorable Sharon RobertsonHonorable Joe E. Smith

FROM: Thomas A. Genung} Trial Court Administrator

DATE: October 23} 2009

RE: Administrative Order 2009-13

Courthouse and Courtroom Security

Attached please find an original Administrative Order 2009-13, signed by Chief Judge Levin} forfiling with the Court.

If you have any questions regarding the above} please do not hesitate to contact me.

TAG/mtAttachment

cc w/attach: All Judges in the Nineteenth Judicial Circuit

All Magistrates and Hearing Officers in the Nineteenth Judicial CircuitAll Staff Attorneys in the Nineteenth Judicial Circuit

Myra Zilahy} General Couns~l} IRCClerk of CourtHonorable Bruce Colton} State Attornels Office

Honorable Diamond Litty} Public Defender}s OfficeAll County Attorneys in the Nineteenth Judicial CircuitAll Local Law Libraries

All Local Bar Presidents

250 N.W. Country Club Drive, Suite 217 y Port Saint Lucie, FL 34986 y (772) 807-4370 y FAX (772) 807-4377

IN THE CIRCUIT COURT OF THE NINETEENTHJUDICIAL CIRCUIT IN AND FORINDIAN RIVER, MARTIN, OKEECHOBEEAND ST. LUCIE COUNTIES, FLORIDA

Administrative Order: 2009-13

INRE: Courthouse and Courtroom Security

WHEREAS, it is a common interest of the judges and administration ofthe 19thJudicial Circuit,county commissioners and sheriffs of the counties comprising the 19thJudicial Circuit that allpersons attending court or working in any of the court facilities therein are reasonably safe andsecure while in those facilities; and

WHEREAS, in recent years there has been an escalation of violence in and around courthousesand againstjudges throughout the United States and in Florida; and

WHEREAS, matters coming before the court are wrought with emotion and life changing issuesand outcomes, and

WHEREAS, the Sheriff of each county in the 19thJudicial Circuit is funded by the respectivecounty commissions to provide for courthouse security and attend all terms of the circuit andcounty courts; and

WHEREAS, in accordance with and pursuant to rule 2.215 Florida Rules of JudicialAdministration, it is therefore:

ORDERED:

1. Any person entering any courthouse and/orjudicial facility in the 19thJudicial Circuitshall be subject to search of his or her person, pockets, bags, briefcases, pocket books, purses, orother baggage-type items by hand or with the use of electronic or other specialized equipment.Any person who refuses to submit to such search shall be denied access to the respectivecourthouse.

2. Any exception to the above will be determinedby the Chief Judge in consultation and inagreement with representatives of the respective Sheriffs Offices. In addition:

a. No person, unless previously approvedby Court Securitypersonnel or judge, willbe permitted in secure portions of the building without having first gone through securityscreening and then being personally escorted by an authorized person, or Court Security.

b. No person may provide access to any secure section of the building, or otherwiseallow entry of another person that they do not know for certain has authorized access to that area.Those persons MUST be sent to the main entrance for security screening and/or seek properauthorization prior to entry. Once screened, they may be escorted as described in paragraph 2. a.

c. Any person who has authorized access to secure areas of the courthouses and

judicial facilities is permitted and encouraged to challenge anyone in a secure area who they donot know or cannot readily identify that person's purpose for being in the secure area. Anyperson who is in a secure area is expected to immediately cooperate and present or display

proper identification upon request of the authorized person or Court Security. If this personrefuses to comply or if their identity cannot be immediately verified, the proper law enforcementofficials or officers shall be immediately notified for appropriate action.

3. Any civilian or persons not identified in paragraph four (4), possessing a weapon,firearm, or explosive or hazardous material of any kind shall be denied access to the courthousesand judicial facilities unless said weapon, firearm, explosive or hazardous material is surrenderedto the proper authorities. If any illegal weapon, firearm, or explosive or hazardous material isdiscovered, the proper law enforcement officials or officers shall be immediately notified forappropriate action.

4. Possession or display of weapons or firearms shall be restricted to State Certified orFederal law enforcement officers who produce identifying credentials, including the StateAttorney and investigators employed by the State Attorney's Office, and all county and circuitjudges, except as provided below.

a. Law enforcement officers who are in plain clothes and on-duty, who are inpossession of a firearm must keep the firearm concealed and secured at all times so that thefirearm is not visible while in the courthouses. An approved ill badge will be issued the lawenforcement officer by courthouse security to enable proper identificationby courthouse securityin Indian River, Martin, Okeechobee and St. Lucie Counties.

b. Any law enforcement officer who is in uniform and/or in possession of aweapon or firearm shall not be permitted to attend or participate in any court relatedproceeding in which he or she is personally involved, or is otherwise not official businessdirectly related to their employment as a law enforcement officer. (All Counties)

c. Any law enforcement officer conducting personal, off-duty business withinthe courthouses shall not be permitted to be in possession of any weapon or firearm. (AllCounties)

5. Nothing in this order precludes a judge from carrying a concealed weapon or firearm orfrom determining who will carry a concealed weapon or firearm in the judge's courtroom, asprovided in section 790.06(12), Florida Statutes.

6. This order replaces administrative order 89-4 (Amended) and administrative order 94-4.

DONE AND ORDERED in quadruplicate at Stuart, Martin County, Florida thisday of October, 2009.

2J~

~Steven J. Levin

Chief Judge