IN THE CIRCUIT COURT OF THENINTH JUDICIAL CIRCUIT,
IN AND FOR ORANGE COUNTY, FLORIDA



ADMINISTRATIVE ORDER    NO. 2011-07-01
    
AMENDED ADMINISTRATIVE ORDER GOVERNING DESIGNATED PUBLIC SPEECH AREAS ON THE MAIN ORANGE COUNTY COURTHOUSE COMPLEX GROUNDS

    WHEREAS, pursuant to Article V, section 2(d) ofthe Florida Constitution and section 43.26, Florida Statutes, the chiefjudge ofeachjudicial circuit is charged with the authority and the power to do everything necessary to promote the prompt and efficient administration of justice; and

    WHEREAS, pursuant to the chiefjudge's constitutional and statutory responsibility for administrative supervision ofthe courts within the circuit and to create and maintain an organization capable of effecting the efficient, prompt, and proper administration ofjustice for the citizens of this State, the chiefjudge is required to exercise direction, see Fla. R. Jud. Admin. 2.215(b)(2), (b)(3); and


    WHEREAS, to ensure the safe and orderly use of court facilities, and to minimize activities which disrupt, interrupt, or interfere with the fair and orderly conduct ofjury trials, and the orderly and peaceable conduct of court busines-s in a neutral forum free of actual or perceived partiality; and


    WHEREAS, the integrity of the jury system and the efficient and fair administration of justice is vital to our judicial system; and


    WHEREAS, the unhindered and untrammeled functioning ofour courts is part ofthe very foundation o f our constitutional democracy; and


    WHEREAS, the Court may adopt safeguards necessary and appropriate to assure that the
administration ofjustice at all stages is free from outside control and influence. The citizens of the State ofFlorida deserve no less; and

    WHEREAS, "people who wish to propagandize protests or views do not have a constitutional right to do so whenever and however and wherever they please."    United States v. Grace, 461 U.S. 171,177-178 (1983)(quotingAdderlyv. Florida, 385 U.S. 39,47-48 (1966)); and


    WHEREAS, courthouses and their surrounding grounds have not been traditionally held open for the use ofthe public for expressive activities. Huminski v. Corsones, 396 F. 3d 53 (2d Cir. 2005)(see also United States v. Grace, 461 U.S. 171 (1983)); and


    WHEREAS, this Court recognizes that the accommodation of specifically designated public speech zones on the courthouse complex grounds is a regulation of government property enacted to avoid disruption to one of the core tenants of American free society - a reliable, trustworthy system ofjustice, ensuring the rights of all while preserving fundamental First Amendment rights; and


    WHEREAS, such regulation is a proper exercise of the Court's inherent authority to take supervisory and administrative actions necessary to implement its judicial functions; and


    WHEREAS, the power of courts to punish for contempt is of immemorial antiquity, and is inherent in all courts as a necessary power belonging to them in order to enable them to accomplish the purposes for which they were designed; that is, the orderly trial and decision of causes, the enforcement of public order, the prevention of interference with their proceedings, and the enforcement of the due respect belonging to them as institutions of the country; and


    WHEREAS, after consultation with law enforcement, it has been determined that the Exempt Zones as originally designated herein on May 4, 2011, shall be made permanent;


    NOW THEREFORE, I, Belvin Perry, Jr., in order to facilitate the efficient administration ofjustice, pursuant to the authority vested in me as Chief Judge of the Ninth Judicial Circuit of Florida under Florida Rule of Judicial Administration 2.215, hereby order the following, effective immediately, and to continue until further order:

1. It is prohibited for any person or group to engage in any type of First Amendment activities within the main Orange County courthouse complex grounds, unless the First Amendment activities occur within a designated Exempt Zone, as defined herein.

2. The courthouse complex grounds are defined as Buildings A, B and C which comprise the Orange County courthouse structures, the adjacent courthouse parking garage, the courtyard, and all other grounds surrounding the courthouse, from the intersection of Orange A venue and Livingston Street, to the intersection of Livingston Street and Magnolia Avenue, to the intersection ofMagnolia Avenue and Amelia Street, to the intersection ofAmelia Street and Orange Avenue, to the intersection of Orange Avenue and Livingston Street. The public sidewalks that comprise the boundaries ofthis designated perimeter are excluded from this designation of the courthouse complex grounds.

3. Exempt Zones mean those portions ofpublic property within, or the boundary of, the courthouse complex grounds specifically described by this Order and designated as Public Speech Zones.

4. The size, number and location of Exempt Zones are designated as: Zone 1 - Located on the front portion ofthe courthouse complex between the intersection of Orange Avenue and Livingston Street and the semi-circle drop-off area adjacent to Orange Avenue. The specific parameters of this Exempt Zone shall be marked on the ground in red tape.

Zone 2 - Located on the front portion ofthe courthouse complex between the intersection of Orange Avenue and Amelia Street and the semi-circle drop-off area adjacent to Orange Avenue. The specific parameters of this Exempt Zone shall be marked on the ground in yellow tape.

5. Any person or group seeking to hold a press conference on the courthouse complex grounds must make application to Orange County government and follow its procedures to obtain permission to hold a press conference. Persons or entities with offices located within the courthouse complex are exempt from the provisions of this Order relating to press conference permission. The location ofany press conference is not necessarily limited to an Exempt Zone.

6. The size and location ofExempt Zones shall be clearly marked on the ground. If the size or location of an Exempt Zone as delineated in this Order differs in any manner from the Exempt Zone as officially marked on the public property, the Exempt Zone as marked on the ground shall control.
7. In the event that conflict arises between two opposing viewpoints within an Exempt Zone, the Orange County Sheriffs Office may separate those espousing different viewpoints and specify from which Exempt Zone a person or group may present their message.

8. Any one person or group's presence and conduct in an Exempt Zone is subject to all other regulations provided for by local and/or state law, such as, without limitation, noise, camping, blocking passage, licensing and permitting.

9. The Orange County Sheriffs Office, or any other law enforcement agency, shall give a copy ofthis Order and advise anyone who is within the courthouse complex grounds, as described herein, violating the provisions ofthis Order, ofthe restrictions on expressive conduct contained within this Order if not within an Exempt Zone, as defined herein. Further, law enforcement shall instruct anyone violating the provisions of this Order to cease and desist immediately.

10. Anyone who is observed continuing to engage in such conduct as contemplated by this Order, after receiving a copy of this Order and being instructed to cease and desist by law enforcement or move to an Exempt Zone, may face indirect civil contempt of court proceedings. If found to be in contempt of court, penalties include confinement, fine or both.

    Administrative Order No. 2011-07 is vacated and set aside and has been incorporated and/or amended herein.

DONE AND ORDERED at Orlando, Florida, this 14th day of July, 2011.

Copies provided to:

Clerk of Court, Orange County
Clerk of Court, Osceola County
General E-Mail Distribution List
http://www.ninthcircuit.org


/s/_ _ _ _ _ _ _
Belvin Perry, Jr.

Chief Judge