HB 0729 2003
1	A bill to be entitled
2	An act relating to Hillsborough County; providing
3	definitions; providing a statement of public purpose;
4	providing for the establishment and collection of filing
5	fees for maintaining and operating a law library and for
6	ancillary payments for collection and administration of
7	the revenues collected and any legal expenses incurred on
8	behalf of the law library; providing for the payment of
9	such fees; providing an exception from payment under
10	certain circumstances; providing duties of the clerk;
11	providing severability; repealing chapters 75-400 and 79-
12	479, Laws of Florida, relating to funding for the law
13	library; providing an effective date.
14
15	Be It Enacted by the Legislature of the State of Florida:
16
17	Section 1. As used in this act:
18	(1) “Board” means the Board of County Commissioners of the
19	county.
20	(2) “Clerk” means the Clerk of the Circuit Court of the
21	county.
22	(3) “County” means Hillsborough County, Florida.
23	(4) “Court” means the Thirteenth Judicial Circuit and the
24	civil division of the county court as may be reconfigured from
25	time to time.
26	(5) “Law library” means the James J. Lunsford Law Library
27	created by county ordinance adopted by the board.
28	Section 2. The maintenance and operation of the law
29	library is a public purpose.
30	Section 3. (1) Notwithstanding and in lieu of any other
31	provision of law, the board may annually establish by ordinance
32	a filing fee upon the institution of any action, suit, or
33	proceeding in each of the divisions of the courts, which fee may
34	vary by division but shall not exceed $25 per filing, for the
35	purpose of maintaining and operating the law library.
36	(2) Moneys collected and remitted in accordance with this
37	act and any county ordinance adopted by the board shall be
38	expended only for the purposes provided by this act. If
39	authorized by the board by ordinance, such moneys may be
40	expended for the following purposes ancillary to the maintenance
41	and operation of the law library:
42	(a) Payment to the clerk for services rendered.
43	(b) Payment to the county for administrative costs
44	relating to managing funds collected.
45	(c) Payment for any legal expenses of the law library.
46	(3) The party or parties instituting an action, suit, or
47	proceeding shall pay any such filing fee established pursuant to
48	this act and any county ordinance adopted by the board. However,
49	if a person is determined by a court to be indigent, or if the
50	filing fee is otherwise waived in accordance with general law,
51	the board may by ordinance provide for the waiver of all or a
52	portion of such filing fee.
53	(4) The clerk shall collect and maintain an accounting of
54	any filing fees established in accordance with this act and any
55	county ordinance and shall remit funds derived from any such
56	filing fees in accordance with any county ordinance adopted by
57	the board. The clerk may accept payment for services rendered if
58	authorized pursuant to subsection (2) and expend any such funds
59	for the purposes required by that office.
60	Section 4. If any provision of this act is determined to
61	be unconstitutional or invalid, such determination shall not
62	affect the constitutionality or validity of any of the remaining
63	provisions, and to this end the provisions of this act are
64	declared severable.
65	Section 5. Chapters 75-400 and 79-479, Laws of Florida,
66	are repealed.
67	Section 6. This act shall take effect October 1, 2003.