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It is therefore
ORDERED AND ADJUDGED that pursuant to the inherent authority
of this Courtl and pursuant to the words "UNLESS OTHERWISE ORDERED
BY THE COURT" (F.S. 39.032(2) set out in the new statute,- this
Court "IS OTHERWISE ORDERING" that henceforth all juveniles caught
in the act of or arrested for committing any serious crime, may be
detained in a detention home pending the usual detention hearing .
required by law irrespective of the opinions, rules or regulations
of the Florida Department of Health and Rehabilitative Services.
When considering whether or not an offense is serious, the opinion
of the officer and the opinion of the victim shall be given great
weight. The officer shall have the authority to override the
Department should he feel it desirable .to protect society from the
juvenile or that it is in the best interest of the child. It is
further
ORDERED AND ADJUDGED that any language in the new Act repeal-
ing, contradicting or conflicting with the Language (F.S. 39.032(a)(2)
authorizing the jailing of a juvenile thug, which language recites
as follows:
"When the court determines,_upon the recommendation
of the superintendent of the detention home, that. the
child would be~beyond the control of the detention
home staff...he may be confined to jail." ~ `
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be and the same is hereby declared unconstitutional because it is
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arbitrary, capricious, unworkable, inequitable, and because it
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violates the constitutional rights of the remainder of the citizenry
to a free and safe society~in which to live. See Aldana v. Holub,
381 So.2d 231. See~also Section 21, Florida Declaration of Rights.
The repealing language amounts to fostering upon the public a public
nuisance and would result in excessive force being used to subdue
the offending juveniles as well as subjecting confined cooperating
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FOOTNOTE
1. Courts have the inherent power to do all things that are reason-
ably necessary for the administration of justice within the scope
of their jurisdiction. It has been said that courts have inherent 1
power...take appropriate action in cases of contempt, and to do
various other things to maintain order and to function properly
as a court. 20 Am.Jur.2d Sec. 7-9.
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