House Bill hb1115

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    Florida House of Representatives - 2002                HB 1115

        By Representative Garcia






  1                      A bill to be entitled

  2         An act relating to public libraries; amending

  3         s. 257.17, F.S.; authorizing municipalities to

  4         receive operating grants; establishing minimum

  5         standards for receipt of funds; removing

  6         minimum population requirement for

  7         municipalities to be eligible to receive funds;

  8         amending s. 257.191, F.S.; revising provisions

  9         relating to construction grants; amending s.

10         257.22, F.S.; permitting eligible political

11         subdivisions to receive warrants; amending s.

12         257.23, F.S.; requiring certification of annual

13         tax income by a specified date; clarifying

14         authority with regard to applications for

15         grants; repealing s. 257.19, F.S., relating to

16         library construction grants; providing an

17         effective date.

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19         WHEREAS, in enacting revisions to the State Aid to

20  Libraries program, the Legislature recognizes that the

21  original intent of aiding and encouraging the establishment of

22  free library service throughout the state by offering grants

23  to individual counties is succeeding because all counties in

24  this state are currently participating in the program, and

25         WHEREAS, the Legislature recognizes that providing

26  state aid to independent municipal libraries while supporting

27  political subdivisions that are currently participating in the

28  State Aid to Libraries program is a valuable contribution to

29  the extension of the state's public library development plan,

30  and

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    Florida House of Representatives - 2002                HB 1115

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  1         WHEREAS, the Legislature further recognizes the need

  2  for state aid in order to equalize the level of service that

  3  public libraries in various communities throughout the state

  4  are able to provide, to promote free library service that

  5  benefits all residents of the state, and to promote

  6  coordination among public libraries in order to improve the

  7  delivery of library services, NOW, THEREFORE,

  8

  9  Be It Enacted by the Legislature of the State of Florida:

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11         Section 1.  Section 257.17, Florida Statutes, is

12  amended to read:

13         257.17  Operating grants.--A political subdivision that

14  has been designated by a county or municipality as the single

15  library administrative unit is eligible to receive from the

16  state an annual operating grant of not more than 25 percent of

17  all local funds expended by that political subdivision during

18  the second preceding fiscal year for the operation and

19  maintenance of a library, under the following conditions:

20         (1)  Eligible political subdivisions include:

21         (a)  A county that establishes or maintains a library

22  or that gives or receives free library service by contract

23  with a municipality or nonprofit library corporation or

24  association within such county;

25         (b)  A county that joins with one or more counties to

26  establish or maintain a library or contracts with another

27  county, a special district, a special tax district, or one or

28  more municipalities in another county to receive free library

29  service;

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    Florida House of Representatives - 2002                HB 1115

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  1         (c)  A special district or special tax district that

  2  establishes or maintains a library and provides free library

  3  service; or

  4         (d)  A municipality with a population of 200,000 or

  5  more that establishes or maintains a library or that and gives

  6  or receives free library service by contract with a nonprofit

  7  library corporation or association within the municipality.

  8         (2)  The library established or maintained by such

  9  political subdivision shall:

10         (a)  Be operated under a single administrative head who

11  has completed a library education program accredited by the

12  American Library Association. The single administrative head

13  shall have at least 2 years of full-time paid professional

14  experience after completing the library education program in a

15  public library that is open to the public for a minimum of 40

16  hours per week. and

17         (b)  Expend its funds centrally.;

18         (b)  Have an operating budget of at least $20,000 per

19  year from local sources; and

20         (c)  Give the same free library service provided to its

21  own all residents to residents of all political subdivisions

22  within the county that receive operating grants from the state

23  of the county or residents of the special district or special

24  tax district.

25         (d)  Have at least one library or branch library open

26  for 40 or more hours per week.

27         (e)  Have a long-range plan, an annual plan of service,

28  and an annual budget.

29         (f)  Engage in joint planning for coordination of

30  library services within the county or counties that receive

31  operating grants from the state.

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  1         (3)  Any political subdivision establishing public

  2  library service for the first time shall submit a certified

  3  copy of its appropriation for library service, and its

  4  eligibility to receive an operating grant shall be based upon

  5  such appropriation.

  6         (4)(a)  A municipality with a population of 200,000 or

  7  more that establishes or maintains a library is eligible to

  8  receive from the state an annual operating grant of not more

  9  than 25 percent of all local funds expended by that

10  municipality during the second preceding fiscal year for the

11  operation and maintenance of a library, under the following

12  conditions:

13         1.  The municipal library is operated under a single

14  administrative head and expends its funds centrally;

15         2.  The municipal library has an operating budget of at

16  least $20,000 per year from local sources; and

17         3.  The municipal library provides free library service

18  to all residents of the municipality.

19         (b)  This subsection is repealed on July 1, 2002.

20         Section 2.  Section 257.191, Florida Statutes, is

21  amended to read:

22         257.191  Construction grants.--The Division of Library

23  and Information Services may accept and administer library

24  construction moneys appropriated to it and shall allocate such

25  appropriation to municipal, county, and regional libraries in

26  the form of library construction grants on a matching basis.

27  The local matching portion shall be no less than the grant

28  amount, on a dollar-for-dollar basis, up to the maximum grant

29  amount, unless the matching requirement is waived by s.

30  288.0656 50 percent. The division shall adopt rules for the

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    Florida House of Representatives - 2002                HB 1115

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  1  administration of library construction grants. For the

  2  purposes of this section, s. 257.21 does not apply.

  3         Section 3.  Section 257.22, Florida Statutes, is

  4  amended to read:

  5         257.22  Division of Library and Information Services;

  6  allocation of funds.--Any moneys that may be appropriated for

  7  use by a county, a municipality, a special district, or a

  8  special tax district for the maintenance of a library or

  9  library service shall be administered and allocated by the

10  Division of Library and Information Services in the manner

11  prescribed by law. On or before December 1 of each year, the

12  division shall certify to the Comptroller the amount to be

13  paid to each county, municipality, special district, or

14  special tax district, and the Comptroller shall issue warrants

15  to the eligible political subdivisions respective boards of

16  county commissioners or chief municipal executive authorities

17  for the amount so allocated.

18         Section 4.  Section 257.23, Florida Statutes, is

19  amended to read:

20         257.23  Application for grant.--

21         (1)  The board of county commissioners of any county,

22  the chief executive officer of a municipality, or the

23  governing body of a special district or a special tax district

24  desiring to receive a grant under the provisions of ss.

25  257.14-257.25 shall apply therefor to the Division of Library

26  and Information Services on or before October 1 of each year

27  on a form to be provided by the division. In The application,

28  which shall be signed by the chair of the board of county

29  commissioners and attested by the clerk of the circuit court

30  or the appropriate officer in a charter county, by the chief

31  executive officer of a municipality and attested by the clerk

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    Florida House of Representatives - 2002                HB 1115

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  1  of the municipality, or by the chair of the governing body and

  2  attested by the chief financial officer of a special district

  3  or a special tax district. The county, municipality, special

  4  district, or special tax district the board of county

  5  commissioners shall agree to observe the standards established

  6  by the division as authorized in s. 257.15. On or before

  7  December 1 each year, the applicant shall certify the annual

  8  tax income and the rate of tax or the annual appropriation for

  9  the free library or free library service, and shall furnish

10  such other pertinent information as the division may require.

11         (2)  The chief municipal executive authority of any

12  municipality desiring to receive a grant under the provisions

13  of ss. 257.14-257.25 shall apply therefor to the Division of

14  Library and Information Services on or before October 1 of

15  each year on a form to be provided by the division. In the

16  application, which shall be signed by the chief municipal

17  executive officer and attested by the clerk of the circuit

18  court, the chief municipal executive authority shall agree to

19  observe the standards established by the division as

20  authorized in s. 257.15, shall certify the annual tax income

21  and the rate of tax or the annual appropriation for the free

22  library, and shall furnish such other pertinent information as

23  the division may require.

24         Section 5.  Section 257.19, Florida Statutes, is

25  repealed.

26         Section 6.  This act shall take effect July 1, 2002.

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    Florida House of Representatives - 2002                HB 1115

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  2                          HOUSE SUMMARY

  3
      Authorizes municipalities to receive operating grants for
  4    public libraries. Establishes minimum standards for
      receipt of funds. Removes minimum population requirement
  5    for municipalities to be eligible to receive funds.
      Revises provisions relating to construction grants.
  6    Permits eligible political subdivisions to receive
      warrants. Requires certification of annual tax income by
  7    a specified date. Clarifies authority with regard to
      applications for grants. Repeals s. 257.19, F.S.,
  8    relating to library construction grants.

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