House Bill hb1031
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Florida House of Representatives - 2002 HB 1031
By Representative Ball
1 A bill to be entitled
2 An act relating to Brevard County; codifying,
3 pursuant to s. 189.429, F.S., special acts
4 relating to the A. Max Brewer Memorial Law
5 Library; amending, reenacting, and codifying
6 chapter 30599, Laws of Florida, 1955, and
7 chapters 57-1155, 61-1916, and 74-431, Laws of
8 Florida; providing legislative intent;
9 providing a district charter; eliminating
10 obsolete provisions; repealing chapter 30599,
11 Laws of Florida, 1955, and chapters 57-1155,
12 61-1916, and 74-431, Laws of Florida; providing
13 severability; providing an effective date.
14
15 WHEREAS, the proper and expeditious administration of
16 justice in the courts of Brevard County make it necessary and
17 desirable that there be available to judges, attorneys, county
18 officials, and the public an adequate law library located in
19 Brevard County, and
20 WHEREAS, the establishment and maintenance of such law
21 library and necessary branch libraries would be beneficial to
22 the public and would be of great aid in expediting matters
23 before the courts of the county and is therefore a public
24 need, NOW, THEREFORE,
25
26 Be It Enacted by the Legislature of the State of Florida:
27
28 Section 1. Intent.--Pursuant to section 189.429,
29 Florida Statutes, this act constitutes the codification of all
30 special acts relating to the A. Max Brewer Memorial Law
31 Library District. It is the intent of the Legislature in
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Florida House of Representatives - 2002 HB 1031
561-170-02
1 enacting this law to provide a single, comprehensive
2 special-act charter for the district, including all current
3 legislative authority granted to the district by its several
4 legislative enactments and any additional authority granted by
5 this act.
6 Section 2. Codification.--Chapter 30599, Laws of
7 Florida, 1955, and chapters 57-1155, 61-1916, and 74-431, Laws
8 of Florida, relating to the A. Max Brewer Memorial Law Library
9 are codified, reenacted, amended, and repealed as provided in
10 this act.
11 Section 3. Short title.--This act may be cited as the
12 "A. Max Brewer Memorial Law Library Act."
13 Section 4. The charter for the A. Max Brewer Memorial
14 Law Library is re-created and reenacted to read:
15 Section 1. Establishment.--The A. Max Brewer Memorial
16 Law Library is established as a dependent special district for
17 the purposes of providing a law library system in Brevard
18 County, Florida.
19 Section 2. Governing Board.--A board of trustees to be
20 known as "Board of Trustees, A. Max Brewer Memorial Law
21 Library" is created, which board of trustees shall consist of
22 five members: a circuit judge assigned to Brevard County and a
23 county judge of Brevard County, both of whom shall be
24 appointed by the chief judge of the judicial circuit, and
25 three practicing attorneys of Brevard County to be appointed
26 by the president of the Brevard County Bar Association. All
27 members serve at the pleasure of the appointing authority. The
28 board of trustees has full power and authority to operate and
29 maintain a law library system in the main courthouse and
30 branch courthouses or such place or places as it from time to
31 time designates and to prescribe and enforce rules as to the
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Florida House of Representatives - 2002 HB 1031
561-170-02
1 use, maintenance, and operation of the law library. The board
2 of trustees may purchase or lease books, furniture, library
3 equipment, and supplies and may employ necessary librarians or
4 other staff. The board may also obtain loans from any source
5 approved by the chief judge of the judicial circuit.
6 Section 3. Space.--The Board of County Commissioners
7 of Brevard County shall allocate adequate space in the county
8 courthouse and branch courthouses, Brevard County, for the
9 exclusive use of the law library system.
10 Section 4. Funds.--All funds for the use of the law
11 library system shall be expended by the board of trustees and
12 only for the purpose of maintaining and operating the law
13 library system.
14 Section 5. Charitable Public Trust.--All donations to
15 the A. Max Brewer Memorial Law Library and all property
16 acquired by donation, purchase, or otherwise shall be deemed
17 to be held by the board of trustees as a charitable public
18 trust for the benefit and use of the inhabitants of Brevard
19 County and shall be exempt from all taxation.
20 Section 5. Chapter 30599, Laws of Florida, 1955, and
21 chapters 57-1155, 61-1916, and 74-431, Laws of Florida, are
22 repealed.
23 Section 6. If any provision of this act or its
24 application to any person or circumstance is held invalid, the
25 invalidity does not affect other provisions or circumstances
26 of the act which can be given effect without the invalid
27 provision or application, and to this end the provisions of
28 this act are declared severable.
29 Section 7. This act shall take effect upon becoming a
30 law.
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