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Home My WebLink About2004-031RESOLUTION NO. 2004- 031_ A RESOLUTION OF THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS; REQUESTING SUPPORT FROM INDIVIDUALS, GROUPS AND THE FLORIDA LEGISLATURE FOR ADEQUATE LAW LIBRARY FUNDING; AND PROVIDING MEANS FOR IMPLEMENTATION. WHEREAS, the Board of County Commissioners of Indian River County Florida has made the following determinations: 1. Public law libraries provide legal information necessary for effective functioning of the justice system and provide legal information to judicial officers and their support staff; government attorneys, attorneys in private practice, corporate attorneys, and the general public, rich and poor alike. 2. Internet technology is no substitute for adequately funded law libraries inasmuch as there are large amounts of legal information available only in print, microfilm or commercial data bases and, public law libraries remain the best source for older case law, annotated statutes (current and superseded), continuing legal education seminar materials, older legal periodicals, current texts and treatises. 3. Public law libraries not only provide access to legal information, but also to research assistance, training and other value-added services. 4. By providing ready access to legal information, public law libraries play a fundamental role in preserving access to justice and in promoting, through knowledge, trust and confidence in the justice system. 5. In July, 2003, the Miami -Dade County Law Library, at the request of the Chief Judge of the Eleventh Judicial Circuit, surveyed all county law libraries within the State on their sources of funding and such found that twenty-two (22) out of twenty-three (23) responding libraries are funded in whole or part by service fees surcharged on case filing fees. 6. Such funding through service fees was, and is currently, authorized by Florida Statutes section 28.2401(3). 7. The 2003 legislature adopted House Bill 0113A, Laws of Florida, Chapter 2003-402, to take effect in relevant part on July 1, 2004, so as to implement an initiative amendment to Article V of the Florida Constitution, wherein such legislation does not provide for county law libraries as an 1 F:\Attorney\Lea\docs\reso\law library bcc legislative funding.doc RESOLUTION NO. 2004- 031 essential element of the courts so as to be entitled to state funding, and further repeals and eliminates Florida Statutes section 28.2401(3) so as to remove service fees as a source of funding for law libraries and makes no alternative sources of funding. 8. It is proper that the cost of law library services be borne by the consumers of such services, through user fees as currently permitted by ordinance or general and special law. 9. Filing fees provide for more than fifty percent (50%) of the funding for the operation of the James T. Vocelle Law Library. 10. During Fiscal Year 2002/03 there were 1,755 visits from judges and attorneys and 3,803 visits from the public to the James T. Vocelle Law Library. In addition, there were 2,391 telephone calls from judges and attorneys and 3,127 telephone calls from the public. There were also 7,849 in -library reference questions. 11. The State of Florida has a proud tradition of equal justice and equal access to the legal system. Florida's county law libraries were declared "...essential to the ,administration of justice today..." by the Florida Supreme Court in Farabee v. Board of Trustees, Lee County Law Library, 254 So.2d 1,5 (Fla.1971). Further, the Supreme Court held that local filing fees assessed against those using the court system are an appropriate funding source for public law libraries. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida, that: A. This Board supports a continuation of funding through service fees for the Indian River County Law Library in their present form and therefore supports amending Fla. Ch. 2003-402 so as to restore Florida Statutes Sections 28.2401(3), 28.241(1)(a) and 34.041 as they are and were prior to enactment of HB0113A. B. The Clerk to the Board is hereby directed to forward a copy of this resolution to the Indian River County Legislative Delegation and the Florida Association of Counties. The resolution was moved for adoption by Commissioner Adams , and the motion was seconded by Commissioner Macht , and, upon being put to a vote, the vote was as follows: 2 F:\Attorney\Lea\docs\reso\law library bcc legislative funding.doc RESOLUTION NO. 2004- 031 Chairman Caroline D. Ginn Aye Vice Chairman Arthur R. Neuberger Aye Commissioner Fran B. Adams qye Commissioner Kenneth R. Macht Aye Commissioner Thomas S. Lowther pwe The "Chairman thereupon declared.the resolution duly passed and adopted this 23rd ,day ofc) March;'; , 2004. F:\Attorney\Lea\docs\reso\law library bcc legislative funding.doc INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS By 3 Caroline D. Ginn, Charman APPROVfE TO FORM AND LESUFF$CIENCY sy WILLIAM p COLLINS 11 COUNTYATTORNEY JEFFREY K. BARTON Clerk to the Board 1840 25th Street Vero Beach, Florida 32960-3394 March 25, 2004 Florida Association of Counties Mary Kay Cariseo, Executive Director P. O. Box 549 Tallahassee, FL 32302 Telephone: (561) 567-8000 Ext. 432 or 436 Re: Our Resolution No.2004-031 Requesting support for Adequate Law Library Funding Dear Ms. Cariseo: Enclosed is our Resolution No.2004-031 as directed by the Board of County Commissioners. Thank you in advance for your attention to this urgent request. Very truly yours, 61�v Patricia M. Ridgely Deputy Clerk to the Board Enclosure JEFFREY K. BARTON Clerk to the Board 1840 25th Street Vero Beach, Florida 32960-3394 March 25, 2004 Honorable Stan Mayfield Room 221 C, The Capitol 402 South Monroe Street Tallahassee, FL 32399-1300 Dear Representative Mayfield: Telephone: (561) 567-8000 Ext. 432 or 436 As directed, we are forwarding you a copy of Resolution 2004-031 of the Board of County Commissioners of Indian River County requesting your support for adequate law library funding and providing a means for implementation. Very truly yours, JEFFREY K. BARTON, CLERK OF CIRCUIT COURT By Patricia M. Ridgely, Deputy PR Enclosure 7-&: 1053 20th Place, Vero Beach 32960 JEFFREY K. BARTON Clerk to the Board 1840 25th Street Vero Beach, Florida 32960-3394 March 25, 2004 Honorable Ralph Poppell Room 1101, The Capitol 402 South Monroe Street Tallahassee, FL 32399-1300 Dear Representative Poppell: Telephone: (561) 567-8000 Ext. 432 or 436 As directed, we are forwarding you a copy of Resolution 2004-031 of the Board of County Commissioners of Indian River County requesting your support for adequate law library funding and providing means for implementation. Very truly yours, JEFFREY K. BARTON, CLERK OF CIRCUIT COURT By Patricia M. Ridgely, Deputy PR Enclosure \/ CC: 400 South Street, Titusville, FL 32780 JEFFREY K. BARTON Clerk to the Board 1840 25th Street Vero Beach, Florida 32960-3394 March 25, 2004 Honorable Mike Haridopolos 312 Senate Office Building 404 South Monroe Street Tallahassee, FL 32399-1300 Dear Senator Haridopolos: Telephone: (561) 567-8000 Ext. 432 or 436 As directed, we are forwarding you a copy of Resolution 2004-031 of the Board of County Commissioners of Indian River County requesting your support for adequate law library funding and providing means for implementation. Very truly yours, JEFFREY K. BARTON, CLERK OF CIRCUIT COURT By ,(AL Patricia M. Ridgely, Deputy PR Enclosure CC'. 1053 20' Place, Vero Beach 32960 �r JEFFREY K. BARTON Clerk to the Board 1840 25th Street Vero Beach, Florida 32960-3394 March 25, 2004 Honorable Ken Pruitt 318 Senate Office Building 404 South Monroe Street Tallahassee, FL 32399-1300 Dear Senator Pruitt: Telephone: (561) 567-8000 Ext. 432 or 436 As directed, we are forwarding you a copy of Resolution 2004-031 of the Board of County Commissioners of Indian River County requesting your support for adequate law library funding and providing means for implementation. Very truly yours, JEFFREY K. BARTON, CLERK OF CIRCUIT COURT By Patricia M. Ridgely, Deputy PR Enclosure CC,: 1850 SW Fountainview Blvd., Suite 200 Port St. Lucie, FL 24986-3443