§ 214-63. Board of trustees.

There is hereby created a board to be known as the board of trustees of the Volusia County law library, hereafter referred to as "the board," which shall consist of nine trustees selected in the following manner:

(1)

Membership.

a.

The membership of the board of trustees shall consist of:

1.

The chairman of the board of county commissioners of Volusia County.

2.

The senior circuit judge from Volusia County.

3.

The circuit judge from Volusia County assigned to the probate division. If more than one circuit judge from Volusia County is assigned to the probate division, the circuit judge having the greatest seniority shall be the member of the board of trustees.

4.

The clerk of the circuit court of Volusia County.

5.

The president of the Volusia County Bar Association.

6.

Two attorneys practicing in and having their principal offices in northeast Volusia County.

7.

One attorney practicing in and having his principal office in New Smyrna Beach.

8.

One attorney practicing in and having his principal office in DeLand.

b.

No two trustees shall be associated with each other, in any way, in the practice of law.

c.

The appropriate members of the board of trustees shall designate alternate trustees to attend meetings of the board and act in their stead as follows:

1.

A county commissioner to act in place of the chairman of the board of county commissioners.

2.

A deputy clerk to act in place of the clerk of the circuit court.

3.

A circuit judge from Volusia County to act in place of the senior circuit judge from Volusia County.

4.

A circuit judge from Volusia County to act in place of the circuit judge from Volusia County assigned to the probate division.

5.

A member of the Volusia County Bar Association to act in place of the president of the Volusia County Bar Association.

d.

The members of the board of trustees of the Volusia County law library heretofore appointed from New Smyrna Beach, Florida, and DeLand, Florida, shall hold office until July 1, 1973, or until their successors are selected and appointed. The two attorneys heretofore appointed as trustees of the Volusia County law library from Daytona Beach, Florida, shall hold office until July 1, 1974, or until their successors are selected and appointed.

(2)

Reserved.

(3)

Reserved.

(4)

Trustees; terms. After the initial terms provided in subsections (2) and (3), attorney trustees shall be appointed for a term of two years. All trustees shall continue in office until their successors are appointed and accept office. When any attorney trustee resigns or ceases to be eligible by reason of a change in residence, professional association or other disqualification, the president of Volusia County Bar Association shall appoint a successor trustee for the unexpired term, as such bar president makes all attorney trustee appointments.

(5)

Locations; board of trustees; powers. The board of trustees are hereby authorized and directed to establish, operate and maintain, three law libraries in Volusia County, Florida. The main such library shall be located in the Halifax area, at the Holly Hill law center and be transferred to the courthouse annex when such transfer becomes possible. The second law library shall be located in the courthouse annex at New Smyrna Beach, Florida. The third law library shall be located in the county courthouse or such other appropriate and convenient place in the City of Deland, Florida, and shall be selected by the board of trustees. The board of trustees shall in their discretion expend the funds of the board received under the terms of this act [article] and under any other law of the State of Florida, to provide the library services herein authorized. All such moneys together with bequests and donations, shall be allocated and divided between the three libraries to be established, except that if any donation or bequest is made to a designated law library in a particular area, the board shall use such donation or bequest as limited or directed, unless such direction is for some reason impossible or impractical, whereupon it shall be devoted to a use most similar to that specified in the limitation or direction.

(6)

Board of trustees; officers. The officers of the board of trustees shall be a chairman, vice-chairman, secretary and treasurer. The offices of secretary and treasurer may be held by the same trustee, or the board in its discretion shall have the power to appoint any librarian employed by the board as its treasurer.

Within 30 days after this act [article] becomes law, and annually thereafter, the board shall, as soon as practicable, meet and elect from among the trustees a chairman, vice-chairman, and secretary who may also be designated treasurer. The first officers elected shall hold office until July 1, 1970, or until their successors are duly elected and qualified. Thereafter, officers shall be elected on July 1, or as soon thereafter as is practicable for a term of one year, which the board may extend to a term of two years, if they deem it advisable. Any vacancy occurring in any of the offices for whatever reason, shall be filled by the board for the unexpired term. The board in its discretion may designate the secretary to act as treasurer or may appoint any trustee or a librarian employed by the board to serve as treasurer during the pleasure of the board.

(7)

Books and records. The said board of trustees is authorized to contract for or purchase law books, book shelves, furniture, equipment, including copying equipment and supplies, for cash or upon such security agreements or other contracts or subscriptions, as it deems desirable. The board is authorized to purchase, lease or provide copying machines for the use of the patrons of the three libraries. The board is authorized to microfilm books, papers, reports deemed worthy of preserving, and provide facilities for the use of such microfilm records in each of the three libraries, in lieu of the original books, papers and reports. All books, papers and reports, and documents microfilmed may be sold for the best cash price obtainable or otherwise disposed of by the board thereafter.

(8)

Use of the library. That the board is authorized to develop a program whereby all citizens of Volusia County may use the three libraries with due regard to the requirements and limitations which must be imposed to avoid interference with the proper and expeditious administration of civil and criminal courts by the judges and officers of the court.

(9)

Rules and regulations. The board is authorized to prescribe and enforce rules and regulations governing its business and the use, maintenance, and operation of the three law libraries; including but not limited to rules and regulations specifying:

a.

When the library shall be open for use by judges, attorneys, and the public.

b.

The conditions, if any, under which law books may be loaned or removed from the law library premises.

c.

If the board should permit the removal of books from the law library premises, the amount and type of deposit required for such removal.

(10)

Bylaws of board of trustees. The board of trustees may adopt bylaws and amend the same from time to time which specify the method of operation of the board and prescribe the rules and regulations concerning the use, maintenance and operation of the law libraries. Such bylaws shall be kept by the secretary and shall be open to the inspection as a public record.

(11)

Board of trustees; corporate status. The board of trustees is hereby constituted a public corporation which may sue and be sued in the name of the board. The board may institute whatever legal proceedings it deems justified resulting from the conduct of the business operation of the law libraries, and in addition the board may institute whatever legal proceedings it deems desirable against any person who shall violate its rules or regulations or who shall remove any books, papers, documents or other thing from any of the three law libraries without complying with the requirements, rules and regulations of the board including the making of any required deposits, or noncompliance with the rules requiring the return of any items or material removed by a certain date, or permitting their removal only upon identifying himself and furnishing information concerning such removal as may be required by such rule or regulation. It shall be a condition of the use of the law library facilities of any of the three libraries that any person shall agree as a condition precedent to such use that he shall pay all reasonable costs and attorney's fees which may be incurred by the board as a result of the violation of any rule or regulation of the board by such person.

(12)

The board of trustees; funds. All of the funds received by the board shall, except as otherwise hereinafter provided, be deposited in an account to be identified as the Volusia County law library fund. Such funds shall be expended by the board of trustees for the purposes provided in this act [article], including the employing of such personnel, including librarian or librarians, as may be required for the proper operation of the three law libraries. The salaries and remuneration of all such personnel shall be fixed by the board of trustees. All funds shall be withdrawn only upon checks or vouchers signed by the treasurer (or in his absence or inability to act, the secretary) and countersigned by the chairman or in his absence or inability to act, the vice-chairman of the board.

(13)

Board of trustees; funds; alternate procedure. The board may in its discretion with the consent of the clerk of the circuit court of Volusia County, Florida, deposit all funds received by the board in an official account with the clerk to be designated as Volusia County law libraries fund. Whenever such is established all checks and vouchers shall be signed by the clerk or his duly designated deputy and countersigned by the chairman of the board, or in his absence or inability to act, the vice-chairman. When the board in its discretion establishes this method of handling the funds of the board, this shall be an alternative method to that set forth in subsection (12). In the event this method is selected by the board, the report of the clerk regarding the receipt and expenditure of funds of the board may be accepted by the board in lieu of a report from the treasurer designated by the board.

(Laws of Fla. ch. 69-1706, § 3; Laws of Fla. ch. 73-648, §§ 1, 2)