This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0455.LAV
DATE: 11/23/2021
HOUSE OF REPRESENTATIVES LOCAL BILL STAFF ANALYSIS
BILL #: HB 455 Rupert J. Smith Law Library, St. Lucie County
SPONSOR(S): Trabulsy
TIED BILLS: IDEN./SIM. BILLS:
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Local Administration & Veterans Affairs
Subcommittee
Leshko Miller
2) State Affairs Committee
SUMMARY ANALYSIS
The Rupert J. Smith Law Library of St. Lucie County is an independent special district governed by a five
member Board of Trustees, currently composed of one Nineteenth Judicial Circuit Judge, one member of the
Board of County Commissioners of St. Lucie County, two active practicing attorneys who reside in St. Lucie
County, and one lay member. The Board has full power and authority to establish, operate, and maintain law
libraries within St. Lucie County.
This bill adds an additional honorary member to the Board of Trustees to be appointed by the other members
of the Board. Additionally, the bill expands the residential boundaries within which the two active practicing
attorney Board members may reside. Lastly, the bill updates the appointment power of the Saint Lucie County
Bar Association, granting the Association the power to appoint both of the active practicing attorney Board
members.
According to the Economic Impact Statement, the bill will have no fiscal impact.
The bill takes effect upon becoming law.
FULL ANALYSIS STORAGE NAME: h0455.LAV PAGE: 2
DATE: 11/23/2021
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Independent Special Districts
A "special district" is a unit of local government created for a particular purpose, with jurisdiction to
operate within a limited geographic boundary.
1
Special districts are created by general law, special act,
local ordinance, or by rule of the Governor and Cabinet.
2
The charter of a special district created by
special act may be altered or amended by subsequent special acts.
3
A special district has only those
powers expressly provided by, or reasonably implied from, the authority provided in the district’s
charter. Special districts provide specific municipal services in addition to, or in place of, those provided
by a municipality or county.
4
A “dependent special district” is a special district subject to significant
control by the governing body of a single county or municipality.
5
An “independent special district” is
any district that is not a dependent special district.
6
Special districts do not possess “home rule” powers and may impose only those taxes, assessments, or
fees authorized by special or general law. The special act creating an independent special district may
provide for funding from a variety of sources while prohibiting others. For example, ad valorem tax
authority is not mandatory for a special district.
7
Rupert J. Smith Law Library of St. Lucie County
The Rupert J. Smith Law Library of St. Lucie County (Law Library) is an independent special district
originally created by a special act of the Legislature in 1957.
8
The district is governed by a Board of
Trustees (Board) comprised of one Circuit Judge residing in St. Lucie County, who is appointed by the
Chief Judge of the Nineteenth Judicial Circuit; one member of the Board of County Commissioners of
St. Lucie County (BOCC), chosen by the BOCC biennially; two active practicing attorneys residing in
St. Lucie County, one to be appointed by the President of the Saint Lucie County Bar Association and
one to be appointed by the President of the Port Saint Lucie Bar Association, each for a term of one
year beginning on the first Tuesday after the first Monday in January of each year; and one lay member
appointed by the President of the Friends of Saint Lucie County Library Association.
9
The Board establishes, operates, and maintains law library facilities within St. Lucie County. The Board
has the authority and power to “prescribe rules and regulations as to its own functions and organization;
1
See Halifax Hospital Medical Center v. State of Fla., et al., 278 So. 3d 545, 547 (Fla. 2019).
2
See ss. 189.02(1), 189.031(3), and. 190.005(1), F.S. See generally s. 189.012(6), F.S.
3
Local Administration and Veterans Affairs Subcommittee, Local Bill Policies and Procedures Manual 2020 – 2022, p. 23,
https://www.myfloridahouse.gov/Sections/Documents/loaddoc.aspx?PublicationType=Committees&CommitteeId=3117&S
ession=2021&DocumentType=General+Publications&FileName=2021-
2022+Local+Bill+Policy+and+Procedures+Manual.pdf (last accessed Nov. 12, 2021).
4
Local Administration and Veterans Affairs Subcommittee, The Local Gov’t Formation Manual 2020 – 2022, pp. 60-61,
https://myfloridahouse.gov/Sections/Documents/loaddoc.aspx?PublicationType=Committees&CommitteeId=3117&Sessio
n=2021&DocumentType=General+Publications&FileName=2021 -2022+Local+Government+Formation+Manual.pdf (last
accessed Nov. 12, 2021).
5
S. 189.012(2), F.S. Types of such control include the county or municipality governing body acting as the district
governing body, having the authority to appoint or remove at will district board members, or having final approval
authority over the district’s budget.
6
S. 189.012(3), F.S.
7
Art. VII, s. 9(a), Fla. Const.
8
Ch. 57-1790, Laws of Fla. The special acts comprising the charter of the District were codified, reeneacted, and
repealed as part of the recodification of the charter in 2001. See ch. 2001-326, s. 2, Laws of Fla.
9
The district’s original charter created a three member Board comprised of the Circuit Judge, a member of the BOCC,
and one active practicing attorney. Ch. 57-1790, s. 3, Laws of Fla. In 2006, the charter was amended to add a second
active practicing attorney and the lay board member. Ch. 2006-336, s. 1, Laws of Fla. STORAGE NAME: h0455.LAV PAGE: 3
DATE: 11/23/2021
and to prescribe and enforce rules and regulations as to the use, maintenance, and operation of said
law library. Said Board of Trustees shall purchase books, furniture, equipment, and supplies.”
10
The district is funded through fees collected by the Clerk of the Circuit Court of St. Lucie County.
Additionally, the BOCC is authorized to appropriate funds to the Board for the use of the Law Library.
11
Effect of Proposed Changes
The bill adds one additional honorary
12
member to the Board of Trustees. This additional member shall
be appointed by the members of the Board. The bill expands the boundaries within which the two active
practicing attorney members of the Board may reside from St. Lucie County to the entire Nineteenth
Judicial Circuit.
13
Finally, the bill updates the appointment powers of the Saint Lucie County Bar
Association, authorizing the Association to appoint both of the active practicing attorney Board
members, and removes the appointment power of the President of the Port Saint Lucie Bar
Association.
According to the Economic Impact Statement, the bill will have no fiscal impact.
B. SECTION DIRECTORY:
Section 1: Amends Section 1 of Section 3 of Ch. 2001-326, Laws of Florida, as amended by
Ch. 2006-336, Laws of Fla., adding one honorary member to the Board of Trustees, to
be appointed by the members of the Board; expanding the residential requirement of the
attorney Board members to the entire Nineteenth Judicial Circuit; and updating the
power to appoint the two active practicing attorney members of the Board.
Section 2: Provides an effective date of upon becoming a law.
II. NOTICE/REFERENDUM AND OTHER REQUIREMENTS
A. NOTICE PUBLISHED? Yes [x] No []
IF YES, WHEN? September 1-3, 2021
WHERE? The St. Lucie News-Tribune, a daily newspaper published at Fort Pierce in St.
Lucie County, Florida.
B. REFERENDUM(S) REQUIRED? Yes [] No [x]
C. LOCAL BILL CERTIFICATION FILED? Yes [x] No []
D. ECONOMIC IMPACT STATEMENT FILED? Yes [x] No []
III. COMMENTS
10
Ch. 2001-326, s. 3, Laws of Fla.
11
Id.
12
See generally Definition of honorary- Black’s Law Dictionary: “(Of a title or status) conferred in recognition of merit or
service, but without the attendant rights, powers, or duties.” Black’s Law Dictionary 805 (9th ed. 2009). See also Merriam-
Webster’s Dictionary: “conferred or elected in recognition of achievement or service without the usual prerequisites or
obligations.” The Merriam-Webster Dictionary, https://www.merriam-webster.com/dictionary/honorary (last visted on Nov.
12, 2021).
13
The Nineteenth Judicial Circuit encompasses Indian River, Martin, Okeechobee, and St. Lucie Counties. S. 26.021(19),
F.S. STORAGE NAME: h0455.LAV PAGE: 4
DATE: 11/23/2021
A. CONSTITUTIONAL ISSUES:
None.
B. RULE-MAKING AUTHORITY:
The bill neither provides authority for nor requires rulemaking by executive branch agencies.
C. DRAFTING ISSUES OR OTHER COMMENTS:
The directory language for section 1 of the bill inadvertently cites to chapter 2006-326, Laws of Florida.
The reference should be to chapter 2006-336, Laws of Florida.
IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES