Sec. 46-31. - Declaration of purpose.
Sec. 46-32. - Fund created; source, use of fund.
Sec. 46-33. - Board of trustees.
Sec. 46-36. - Title to assets; custody and control.
Sec. 46-37. - Donations; tax exemption.
Sec. 46-38. - Rules and regulations.
Sec. 46-39. - Continuation of law library fund.
Secs. 46-40—46-50. - Reserved.
Sec. 46-31. - Declaration of purpose.
The establishment and maintenance of a County law library in the County is hereby declared to be desirable, a public need, and a general County purpose. The purchase of law books, legal periodicals, looseleaf legal services, furniture, furnishings, fixtures, equipment and supplies and the employment of personnel in connection therewith and the maintenance thereof, shall be a general County purpose.
(Ord. No. 79-41, § 1)
Sec. 46-32. - Fund created; source, use of fund.
(a)
There is hereby created a fund to be known as the Collier County Law Library Fund. Said fund shall be administered by the clerk of the circuit court, and shall be used for the maintenance and operation of the county law library, including, but not limited to, the purchase of law books, legal periodicals, looseleaf legal services, furnishings, fixtures, equipment and supplies, payment of salaries and wages of all employees and for all other expenses deemed desirable by said board of trustees for the maintenance and operation of said library, and for the purpose of procuring and maintaining equipment and supplies for the use of the courts and the public as provided by F.S. § 28.241.
(b)
The clerk of the circuit court of the County, pursuant to F.S. § 28.241, is hereby authorized and directed to collect an additional fee of $5.00 for each and every action, suit, or proceeding filed within the civil jurisdiction of the County court in and for the County, and an additional fee of $10.00 for each and every action, suit or proceeding filed within the civil jurisdiction of the circuit court in and for the County. All such additional filing fees so collected by the clerk shall be deposited in the County law library fund established herein.
(c)
The clerk is further authorized and directed to draw warrants upon such funds upon the submission to the clerk of a requisition for same signed by either the president, vice-president, or treasurer of the County bar association and countersigned by the County attorney.
(Ord. No. 79-41, § 2)
Sec. 46-33. - Board of trustees.
There is hereby created the board of trustees of the County law library, which shall be composed of no less than five practicing attorneys who maintain offices for the practice of law in the County. The chairman shall be appointed annually by the president of the County bar association, and a chairman may serve successive and consecutive terms without limitation. The members of the board of trustees shall be selected by the chairman of the board of trustees. Vacancies shall be filled by the chairman by appointment for the unexpired term. No member of the board of trustees shall receive any compensation in connection with his office as such member, but he may be reimbursed for actual and necessary expenses incurred, payable only out of the County law library fund. Said board of trustees shall have sole and complete authority over the employment, discharge and supervision of the librarian for the County law library and such other personnel as the board of trustees may determine as being necessary for the creation, maintenance and operation of said law library. The board of county commissioners is hereby authorized to appropriate from the general fund of the County for any purpose contemplated by this article and is hereby authorized to make appropriation to the County law library for such purposes.
(Ord. No. 79-41, § 3)
Cross reference— Boards, commissions, committees and authorities, § 2-816 et seq.
The County law library fund shall be expended by the board of trustees for the purpose of procuring, equipping and maintaining the law library as herein provided, for the purpose of securing such furniture, furnishings and equipment as may be necessary for the proper operation of said law library, for the purpose of employing such personnel as may be required for the proper operation of said law library, and for the purpose of procuring and maintaining equipment and supplies for the use of the courts and the public as provided by F.S. § 28.241.
(Ord. No. 79-41, § 4)
The board of trustees shall have the authority to select and purchase materials, supplies and equipment for the County law library and such other purposes provided herein. The board of trustees shall conduct, maintain, manage and make all policy decisions for the County law library. Purchases made by said board of trustees shall not be subject to the restrictions placed upon County purchases by general or special laws, and it shall not be necessary to advertise for bids or to secure bids for purchases made by said board of trustees. The board of trustees is authorized to make purchases on an installment basis and may enter into contracts for the purchase of property on a conditional sale, retain title, or lease option basis. However, the board of trustees shall have no power to bind the County beyond the expenditure of funds from the source named herein.
(Ord. No. 79-41, § 5)
Sec. 46-36. - Title to assets; custody and control.
Title to all existing assets of the law library shall vest in the Board of County Commissioners as of the effective date of ordinance from which this article was derived. Title to all future acquired assets shall vest in the Board of County Commissioners. The board of trustees shall exercise custody and control of all assets on behalf of the Board of County Commissioners.
(Ord. No. 79-41, § 6)
Sec. 46-37. - Donations; tax exemption.
All donations to the County law library, and all property in anywise acquired for the lawful purposes thereof, shall be deemed to be held and used as charitable public trust for the use and benefit of the residents of the County, and shall be exempt from all taxation.
(Ord. No. 79-41, § 7)
Sec. 46-38. - Rules and regulations.
The board of trustees shall prescribe and enforce rules and regulations governing the use, maintenance and operation of the County law library, and for the conduct of the business of the board of trustees.
(Ord. No. 79-41, § 8)
Sec. 46-39. - Continuation of law library fund.
The law library fund maintained by the clerk of the circuit court pursuant to Laws of Fla. ch. 61-2039 shall, upon the effective date of this article, be continued pursuant to this article as the County law library fund, as established herein. All existing obligations shall be assumed by the board of trustees established hereunder.
(Ord. No. 79-41, § 10)
FOOTNOTE(S):
(61) Cross reference— Library, ch. 82. (Back)