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  9  are codified, reenacted, amended, and repealed as provided in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

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  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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