Court Security – Pasco County

IN THE CIRCUIT COURT, SIXTH JUDICIAL CIRCUIT

IN AND FOR PASCO COUNTY, FLORIDA

ADMINISTRATIVE ORDER NO. 2008-072 PA-CIR

RE: COURT SECURITY – PASCO COUNTY

Pursuant to section 30.15(1)(c), Florida Statutes, the Sheriff, in person or by deputy, shall attend all terms of the circuit court and county court held in their counties; and

Pursuant to section 30.501, Florida Statutes, the Sheriff may be ordered to provide security to sequestered juries; and

In order to promote the safety and security of all court facilities and proceedings in Pasco County; and

In order to assist the Chief Judge, the Circuit Court Judges, the County Court Judges and the Sheriff in carrying out their respective constitutional and statutory duties, it is

ORDERED:

1. The Sheriff of Pasco County shall provide security for all circuit court and county court proceedings including, but not limited to:

a. all trials and hearings conducted by judges unless otherwise directed by the judge, and

b. all proceedings or hearings of general and special magistrates, hearing officers, arbitrators, and mediators (excluding private arbitrators and mediators), unless otherwise directed by the magistrate, hearing officer, arbitrator, or mediator.

2. Except for judges, bailiffs, and Pasco deputy sheriffs as defined in paragraph 3, no person possessing a firearm, knife, mace, pepper spray, or dangerous weapon may enter or occupy a courtroom, hearing room, or the court area in the West Pasco Judicial Center.

3. Pasco deputy sheriffs are exempt from the prohibition in paragraph 2 provided:

a. the officer is in a recognized Sheriff’s Office uniform,

b. the officer is in the courthouse on official business,

c. the officer displays appropriate identification, and

d. any firearm in possession of the officer is in a secure holster.

4. Except for judges, bailiffs, and other law enforcement officers, no person possessing a firearm, knife, mace, pepper spray, or dangerous weapon may enter or occupy a courtroom, hearing room, or the court area of the Dade City Courthouse.

5. The Sheriff of Pasco County shall take such reasonable steps as are necessary to ensure that no firearms, knives, mace, pepper spray, or other dangerous weapons are being concealed by any individuals entering courtrooms, hearing rooms, or the court area in the West Pasco Judicial Center and the Dade City Courthouse, except as authorized in this Administrative Order. These steps may include but are not limited to use of facial recognition systems, metal detection devices, hand-held electronic scanning devices, personal or other searches, or pat downs by official law enforcement officers. If a person refuses the request of a law enforcement officer to submit to any security measure, the person may be denied access beyond the security device.

6. If a person who is entering a courthouse is denied entry or is taken into custody, the bailiff shall take all reasonable steps to notify the court if such person is a witness, defendant, victim, or attorney in a pending proceeding before the court. Upon notification from the court that the person is needed for court proceedings, the bailiff shall follow the court’s direction.

7. The Pasco Department of Facilities Management shall post a notice outside the entrance to security checkpoints that persons entering the courthouses are subject to security procedures.

8. Facial recognition systems shall be operated in such a manner to ensure that scans which do not produce a match are not retained in the system.

9. At the public entrance to the courthouses any judge, judicial assistant, or court employee displaying identification shall not be subject to security measures unless the law enforcement officer has a reasonable basis to question the validity of the identification.

10. Any contractor for the court, employee of the offices of the State Attorney, Public Defender, Regional Counsel, and the Clerk of the Circuit Court for Pasco County, attorney with an identification issued by the Sheriff as set forth in paragraph 11 hereof, or other county officer or employee utilizing the public entrance to a court facility shall pass through the metal detection devices located at such public entrance.

11. Members of the Florida Bar, in good standing, who have their principal office in the Sixth Judicial Circuit, may apply to the Sheriff of Pasco County for a picture identification card that would allow express entry at the West Pasco Judicial Center and Dade City Courthouse. The attorney is still required to pass through security but will be provided express entry. The Sheriff shall issue such identification cards to attorneys meeting this requirement, who are approved by the Chief Judge, who pass a background check, who pay a reasonable fee for such identification card, and who otherwise satisfy any other reasonable requirements that the Sheriff may impose to ensure security.

Administrative Order PA-CIR-98-07 is hereby rescinded.

DONE AND ORDERED in Chambers at Clearwater, Pinellas County, Florida this ______ day of November 2008.

______________________________ Robert J. Morris, Jr., Chief Judge

cc: All Pasco Judges

The Honorable Bernie McCabe, State Attorney

The Honorable Bob Dillinger, Public Defender

The Honorable Jed Pittman, Clerk of the Circuit Court, Pinellas County

The Honorable Bob White, Sheriff, Pasco County

Debbie Gay, Assistant Court Services Director, Pasco County Clerk’s Office

Carol Heath, Executive Director, Pinellas County Clerk’s Office

Gay L. Inskeep, Trial Courts Administrator

Colonel Nienhuis, Pasco County Sheriff’s Office

Bar Associations, Pasco and Pinellas Counties

Law Libraries, Pasco and Pinellas Counties