House Bill hb0929er

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  2         An act relating to the Rupert J. Smith Law

  3         Library of Saint Lucie County; providing for

  4         codification of special laws regarding special

  5         districts pursuant to s. 189.429, F.S.,

  6         relating to the Rupert J. Smith Law Library of

  7         Saint Lucie County; providing legislative

  8         intent; codifying, amending, and reenacting

  9         chapter 57-1790, Laws of Florida, as amended;

10         declaring the district to be an independent

11         special district; providing a district charter;

12         repealing chapters 57-1790, 71-895, 83-512, and

13         88-516, Laws of Florida; providing an effective

14         date.

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16         WHEREAS, the proper and expeditious administration of

17  justice in the courts of Saint Lucie County, Florida, make it

18  necessary and desirable that there be available to the Judges

19  and Officers of the several courts of said county and the

20  county officials, and members of The Florida Bar and general

21  public, a central and adequate law library located in the City

22  of Fort Pierce, Saint Lucie County and elsewhere within the

23  county, and

24         WHEREAS, the establishment and maintenance of such

25  library would be beneficial to the public in general and would

26  be of great aid in expediting matters before the courts of

27  said county, and is therefore a public a public need, NOW,

28  THEREFORE,

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30  Be It Enacted by the Legislature of the State of Florida:

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  1         Section 1.  Pursuant to section 189.429, Florida

  2  Statutes, this act constitutes the codification of all special

  3  acts relating to the Rupert J. Smith Law Library of Saint

  4  Lucie County, an independent special district. It is the

  5  intent of the Legislature in enacting this law to provide a

  6  single, comprehensive special act charter for the District,

  7  including all current legislative authority granted to the

  8  District by its several legislative enactments and any

  9  additional authority granted by this act.

10         Section 2.  Chapters 57-1790, 71-895, 83-512, and

11  88-516, Laws of Florida, relating to the Rupert J. Smith Law

12  Library of Saint Lucie County, are codified, reenacted,

13  amended, and repealed as herein provided.

14         Section 3.  The charter for the Rupert J. Smith Law

15  Library of Saint Lucie County is re-created and reenacted to

16  read:

17         Section 1.  There is hereby created a Board of Trustees

18  to be known as "Board of Trustees, Rupert J. Smith Law Library

19  of Saint Lucie County," which said board shall consist of

20  three members; the membership of the said board shall consist

21  of a Circuit Judge who is a resident of Saint Lucie County, to

22  be designated by the Chief Judge of the Nineteenth Judicial

23  Circuit, one member of the Board of County Commissioners of

24  Saint Lucie County to be chosen by the said Board of County

25  Commissioners biennially, and one active practicing attorney

26  who resides in Saint Lucie County to be appointed by the

27  president of the Saint Lucie County Bar Association. At the

28  time this act takes effect, one attorney shall be appointed

29  for a term of 1 year, beginning on the first Tuesday after the

30  first Monday in January of each year. The Board of Trustees

31  shall have full power and authority to establish, operate, and


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  1  maintain one or more law library facilities within Saint Lucie

  2  County at such place or places as may, from time to time, be

  3  designated by said Board of Trustees; to prescribe rules and

  4  regulations as to its own functions and organization; and to

  5  prescribe and enforce rules and regulations as to the use,

  6  maintenance, and operation of said law library. Said Board of

  7  Trustees shall purchase books, furniture, equipment, and

  8  supplies either for cash or upon retained title or other

  9  contracts that shall be payable solely out of said law library

10  fund and not otherwise.

11         Section 2.  There shall be taxed and collected by the

12  Clerk of the Circuit Court of Saint Lucie County the sum of

13  $30 for each civil action over $5,000, the sum of $30 for each

14  petition for dissolution of marriage or annulment, the sum of

15  $30 for each probate and guardianship case filed, the sum of

16  $30 for each caveat as to such probate and guardianship

17  filing, the sum of $30 for each petition and order to admit

18  foreign wills, the sum of $30 for disposition of personal

19  property without administration, the sum of $30 for each

20  summary administration, the sum of $30 for each family

21  administration, the sum of $30 for each formal administration

22  guardianship, ancillary, curatorship, or conservatorship

23  proceeding, the sum of $30 for each guardianship proceeding of

24  person, the sum of $30 for each petition for determination of

25  incompetency, the sum of $6 for each civil action involving a

26  claim of $100 or less, the sum of $6 for each civil action

27  involving a claim of more than $100 but less than $2,500, the

28  sum of $10 for any civil claim of more than $25, and the sum

29  of $15 for each action involving an eviction, in addition to

30  the costs otherwise provided by law, the whole of which sum

31  shall be kept apart by said Clerk to be used exclusively for


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  1  the purchase and maintenance of said law library. The said

  2  Clerk shall turn over said funds so collected, at the end of

  3  each month, to the Board of Trustees herein established.

  4  However, said Board of Trustees may, from time to time, as the

  5  circumstances require, determine, by resolution at any regular

  6  meeting, that all or a portion of the funds as hereinabove

  7  provided is not required for the proper operation and

  8  maintenance of said law library, and may direct the Clerk of

  9  Circuit Court of Saint Lucie County to collect any lesser

10  amount, until such time as said Board, by similar resolution,

11  may deem it necessary to collect any larger amount not

12  exceeding the sums provided for in this section.

13         Section 3.  The Board of County Commissioners of Saint

14  Lucie County is hereby authorized to provide in the annual

15  budget and thereby appropriate such other available funds to

16  such Board of Trustees, for the use of the law library, as

17  said Board of County Commissioners shall deem necessary and

18  proper for the use of said library; and said Saint Lucie

19  County law library is hereby made a county purpose.

20         Section 4.  All of the funds hereby appropriated for

21  the use of said law library shall be placed by said Board of

22  Trustees into a fund to be known as the "Law Library Fund,"

23  which said fund shall be expended by said Board of Trustees

24  only for the purpose of procuring, equipping, and maintaining

25  a law library as herein provided, and for the purpose of

26  securing such furniture, furnishings, and equipment as may be

27  necessary for the proper operation of said law library, and

28  for the purpose of employing such personnel as may be required

29  for the proper operation of said library.

30         Section 5.  All donations to the Rupert J. Smith Law

31  Library of Saint Lucie County and all property in any wise


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  1  acquired by donations, purchase, or otherwise shall be deemed

  2  to be held and used by said Board of Trustees as a charitable

  3  public trust for the benefit and use of the inhabitants of

  4  Saint Lucie County and shall be exempt from all taxation.

  5         Section 4.  If any provision of this act or the

  6  application thereof to any person or circumstance is held

  7  invalid, the invalidity shall not affect other provisions or

  8  applications of the act which can be given effect without the

  9  invalid provision or application, and to this end the

10  provisions of this act are declared severable.

11         Section 5.  In the event of a conflict between the

12  provisions of this act and the provisions of any other act,

13  the provisions of this act shall control to the extent of such

14  conflict.

15         Section 6.  Chapters 57-1790, 71-895, 83-512, and

16  88-516, Laws of Florida, are repealed.

17         Section 7.  This act shall take effect upon becoming a

18  law.

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