United States v. Posner

725 F. Supp. 508, 1989 U.S. Dist. LEXIS 13079, 1989 WL 129587
CourtDistrict Court, S.D. Florida
DecidedOctober 4, 1989
DocketNo. 82-352-CR
StatusPublished

This text of 725 F. Supp. 508 (United States v. Posner) is published on Counsel Stack Legal Research, covering District Court, S.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Posner, 725 F. Supp. 508, 1989 U.S. Dist. LEXIS 13079, 1989 WL 129587 (S.D. Fla. 1989).

Opinion

MEMORANDUM OPINION

SPELLMAN, District Judge.

ORDER APPROVING DEFENDANT’S HOMELESS PROJECT PROPOSAL

This matter came on before the Court on the Homeless Project Proposal of the Defendant, VICTOR POSNER. Upon receipt of the Proposal, the same was circulated to each member of the Advisory Committee of this Court, heretofore appointed under the chairmanship of The Honorable Dewey Knight.

Mr. Knight has reported to this Court that the Homeless Project Proposal has been considered by the various members of the Committee, and that they endorse the same and recommend its approval by this Court.

This Court feels that several aspects of the Proposal made by Mr. Posner need to be addressed by this Court in making its determination as to whether or not the Proposal should be approved and the plan implemented.

STUDY

The first of these concerns is to what extent the plan addresses the needs of the South Florida Homelessness Studies of 1989 carried out under the auspices of Barry University, the University of Miami, Florida International University, and Florida Atlantic University.

That Study emphasized that a substantial amount of the homeless in the Southern District of Florida is composed of families, primarily mothers and children.

Many of the mothers and children deliberately became homeless to escape from the violent domestic environment in which they found themselves.

The Proposal that has been submitted by the Defendant, VICTOR POSNER, truly attempts to respond to these very needs. Although there continues to be a dire need for assistance to other homeless groups, particularly drug and alcohol dependent homeless and the mentally ill, the Proposal clearly is directed to a clientele who indicate a willingness to enter these transitional programs and to ultimately achieve independent living. The Proposal, therefore, directs itself to that segment of the homeless in the Southern District of Florida which will achieve the most immediate solution through the involvement of both the private and public sectors, with the ultimate result of preserving the family unit once the transitional period is completed.

Most importantly, in the Court’s view, is the fact that the projects sought to be funded are dedicated to assisting families and individuals without regard to race, creed or religion.

SPECIFIC PROGRAMS FUNDED

Being satisfied that the Proposal addresses itself to one of the most important segments of the homeless population defined by the Study, the Court’s next concern was the specific programs sought to be funded. Each of these programs have been studied in detail by the two outstanding members of the probation staff of this Court who were assigned to monitor this Proposal, Messrs. Frank Schwartz and Jim Lyons.

COVENANT HOUSE FLORIDA, FT. LAUDERDALE, FLORIDA

The work of the Covenant House Florida in Broward County has been superb in providing residential shelter and support services for runaway and homeless youths under the age of 21. During the preceding fiscal year, some 2,700 individual youths have sought and obtained emergency residential shelter and support services at the Crisis Shelter. In addition, Covenant House Florida provides after care services to some 150 pregnant and/or parenting youths at the Crisis Shelter. Work is under way to relocate that shelter to downtown Fort Lauderdale, and to establish a General Population Homeless Prevention [510]*510Project. As a result of the relocation and expansion of the General Population Homeless Prevention Project, a substantial increase in support to high-risk youths who leave the Crisis Shelter or at risk of homelessness, will be achieved.

The Proposal contemplates a total allocation to Covenant House over the next two years of $300,000.

NEW LIFE FAMILY SHELTER, MIAMI, FLORIDA

The New Life Family Shelter is a project sponsored by the Christian Community Service Agency, Inc., a United Way affiliated agency, located at 3620 N.W. 1st Avenue, in Miami, Florida. The facility is the direct result of the outstanding cooperation of the Cities of Hialeah and Miami, securing Stewart B. McKinney Homeless Assistance funds, which were used to renovate what was at one time a “crack house”.

This recently opened facility is capable of accommodating fifteen families at any given time. With an average stay of six weeks, approximately 135 to 175 homeless families annually will be in this transitional program. The facility provides immediate safe, clean and comfortable shelter for displaced families; helps insure the nutritional needs of those families; and provides through the cooperation of Metro-Dade County, the necessary support services to bring about self-sufficiency. This is accomplished through a multi-agency effort of the Community Action Agency, the Federal Emergency Management Agency, through its food and shelter program, and the Metro-Dade Community Action Agency which supplies social workers. After the transitional period is completed, these families are then placed in low-income housing.

The Proposal contemplates that over the next three years, some $390,000 will be allotted to assist this program.

THE LORD’S PLACE, PALM BEACH COUNTY AND BROWARD COUNTY

The Lord’s Place presently operates three family shelters in Palm Beach County, located in West Palm Beach, Boynton Beach and Pahokee. The contemplated stay is again approximately six weeks, during which the agency guides their clients through a very regimented program intended to establish a disciplined, self-reliant spirit. Approximately 300 families per year are the recipients of this service, with approximately 92% success for the families that leave and do not again become homeless. In addition, The Lord’s Place also has a van mission which provides food and clothing to those who are hungry and needy and who cannot come to one of the shelters. This program picks up donated food and clothing and distributes them throughout the County to an estimated 12,-000 clients per year. They also help to administer to needy families under the United States Surplus Food Distribution approximately one million pounds of food at sixteen different locations where an additional 20,000 clients are provided for. In addition to the shelters located in Palm Beach County, two temporary shelters for homeless families are being operated and two additional permanent facilities are being established at both Boynton Beach, in Palm Beach County, and in Pompano Beach, located in Broward County.

It is contemplated that over the next three years, the Proposal will fund these programs in an amount of $360,000.

JUNIOR LEAGUE TRANSITIONAL HOUSING PROJECT

The Junior League, in conjunction with the Health and Human Services Department of Metro-Dade County, contemplates opening their first transitional house in Dade County for battered women with children in January, 1990. The first location will be in the City of North Miami and will be able to house ten families at any one time. A second such facility is planned for South Dade County and will accommodate at least as many, if not more, than the first facility. The average period of residency is estimated by Metro-Dade’s professional staff to be approximately six to nine months, actual period of time being determined by appraising the skills and situations of the residents in conjunction with the formulation of an individualized plan [511]*511for each of the women.

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Bluebook (online)
725 F. Supp. 508, 1989 U.S. Dist. LEXIS 13079, 1989 WL 129587, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-posner-flsd-1989.