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RESOLUTION NO. 2004- 031 <br />essential element of the courts so as to be entitled to state funding, and <br />further repeals and eliminates Florida Statutes section 28.2401(3) so as to <br />remove service fees as a source of funding for law libraries and makes no <br />alternative sources of funding. <br />8. It is proper that the cost of law library services be borne by the consumers <br />of such services, through user fees as currently permitted by ordinance or <br />general and special law. <br />9. Filing fees provide for more than fifty percent (50%) of the funding for the <br />operation of the James T. Vocelle Law Library. <br />10. During Fiscal Year 2002/03 there were 1,755 visits from judges and <br />attorneys and 3,803 visits from the public to the James T. Vocelle Law <br />Library. In addition, there were 2,391 telephone calls from judges and <br />attorneys and 3,127 telephone calls from the public. There were also <br />7,849 in -library reference questions. <br />11. The State of Florida has a proud tradition of equal justice and equal <br />access to the legal system. Florida's county law libraries were declared <br />"...essential to the ,administration of justice today..." by the Florida <br />Supreme Court in Farabee v. Board of Trustees, Lee County Law Library, <br />254 So.2d 1,5 (Fla.1971). Further, the Supreme Court held that local filing <br />fees assessed against those using the court system are an appropriate <br />funding source for public law libraries. <br />NOW, THEREFORE, BE IT RESOLVED by the Board of County <br />Commissioners of Indian River County, Florida, that: <br />A. This Board supports a continuation of funding through service fees <br />for the Indian River County Law Library in their present form and <br />therefore supports amending Fla. Ch. 2003-402 so as to restore <br />Florida Statutes Sections 28.2401(3), 28.241(1)(a) and 34.041 as <br />they are and were prior to enactment of HB0113A. <br />B. The Clerk to the Board is hereby directed to forward a copy of this <br />resolution to the Indian River County Legislative Delegation and the <br />Florida Association of Counties. <br />The resolution was moved for adoption by Commissioner <br />Adams , and the motion was seconded by Commissioner <br />Macht , and, upon being put to a vote, the vote was as follows: <br />2 <br />F:\Attorney\Lea\docs\reso\law library bcc legislative funding.doc <br />