CODING: Words stricken are deletions; words underlined are additions.
SENATE AMENDMENT
Bill No. HB 131
Amendment No. ___ Barcode 220962
CHAMBER ACTION
Senate House
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11 Senator Campbell moved the following amendment:
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13 Senate Amendment (with title amendment)
14 Delete everything after the enacting clause
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16 and insert:
17 Section 1. Section 257.17, Florida Statutes, is
18 amended to read:
19 257.17 Operating grants.--A political subdivision that
20 has been designated by a county or municipality as the single
21 library administrative unit is eligible to receive from the
22 state an annual operating grant of not more than 25 percent of
23 all local funds expended by that political subdivision during
24 the second preceding fiscal year for the operation and
25 maintenance of a library, under the following conditions:
26 (1) Eligible political subdivisions include:
27 (a) A county that establishes or maintains a library
28 or that gives or receives free library service by contract
29 with a municipality or nonprofit library corporation or
30 association within such county;
31 (b) A county that joins with one or more counties to
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SENATE AMENDMENT
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1 establish or maintain a library or contracts with another
2 county, a special district, a special tax district, or one or
3 more municipalities in another county to receive free library
4 service;
5 (c) A special district or special tax district that
6 establishes or maintains a library and provides free library
7 service; or
8 (d) A municipality with a population of 200,000 or
9 more that establishes or maintains a library or that and gives
10 or receives free library service by contract with a nonprofit
11 library corporation or association within the municipality.
12 (2) The library established or maintained by such
13 political subdivision shall:
14 (a) Be operated under a single administrative head who
15 is an employee of the single library administrative unit and
16 who has completed a library education program accredited by
17 the American Library Association. The single administrative
18 head shall have at least 2 years of full-time paid
19 professional experience, after completing the library
20 education program, in a public library that is open to the
21 public for a minimum of 40 hours per week. and
22 (b) Expend its funds centrally.;
23 (b) Have an operating budget of at least $20,000 per
24 year from local sources; and
25 (c) Give the same free library service provided to its
26 own all residents to residents of all political subdivisions
27 within the county that receive operating grants from the state
28 of the county or residents of the special district or special
29 tax district.
30 (d) Have at least one library or branch library open
31 for 40 or more hours per week.
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1 (e) Have a long-range plan, an annual plan of service,
2 and an annual budget.
3 (f) Engage in joint planning for coordination of
4 library services within the county or counties that receive
5 operating grants from the state.
6 (3) Any political subdivision establishing public
7 library service for the first time shall submit a certified
8 copy of its appropriation for library service, and its
9 eligibility to receive an operating grant shall be based upon
10 such appropriation.
11 (4)(a) A municipality with a population of 200,000 or
12 more that establishes or maintains a library is eligible to
13 receive from the state an annual operating grant of not more
14 than 25 percent of all local funds expended by that
15 municipality during the second preceding fiscal year for the
16 operation and maintenance of a library, under the following
17 conditions:
18 1. The municipal library is operated under a single
19 administrative head and expends its funds centrally;
20 2. The municipal library has an operating budget of at
21 least $20,000 per year from local sources; and
22 3. The municipal library provides free library service
23 to all residents of the municipality.
24 (b) This subsection is repealed on July 1, 2002.
25 Section 2. Section 257.191, Florida Statutes, is
26 amended to read:
27 257.191 Construction grants.--The Division of Library
28 and Information Services may accept and administer library
29 construction moneys appropriated to it and shall allocate such
30 appropriation to municipal, county, and regional libraries in
31 the form of library construction grants on a matching basis.
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1 The local matching portion shall be no less than the grant
2 amount, on a dollar-for-dollar basis, up to the maximum grant
3 amount, unless the matching requirement is waived by s.
4 288.06561 50 percent. Initiation of a library construction
5 project 12 months or less prior to the grant award under this
6 section shall not affect the eligibility of an applicant to
7 receive a library construction grant. The division shall adopt
8 rules for the administration of library construction grants.
9 For the purposes of this section, s. 257.21 does not apply.
10 Section 3. Section 257.22, Florida Statutes, is
11 amended to read:
12 257.22 Division of Library and Information Services;
13 allocation of funds.--Any moneys that may be appropriated for
14 use by a county, a municipality, a special district, or a
15 special tax district for the maintenance of a library or
16 library service shall be administered and allocated by the
17 Division of Library and Information Services in the manner
18 prescribed by law. On or before December 1 of each year, the
19 division shall certify to the Comptroller the amount to be
20 paid to each county, municipality, special district, or
21 special tax district, and the Comptroller shall issue warrants
22 to the eligible political subdivisions respective boards of
23 county commissioners or chief municipal executive authorities
24 for the amount so allocated.
25 Section 4. Section 257.23, Florida Statutes, is
26 amended to read:
27 257.23 Application for grant.--
28 (1) The board of county commissioners of any county,
29 the chief executive officer of a municipality, or the
30 governing body of a special district or a special tax district
31 desiring to receive a grant under the provisions of ss.
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1 257.14-257.25 shall apply therefor to the Division of Library
2 and Information Services on or before October 1 of each year
3 on a form to be provided by the division. In The application,
4 which shall be signed by the chair of the board of county
5 commissioners and attested by the clerk of the circuit court
6 or the appropriate officer in a charter county, by the chief
7 executive officer of a municipality and attested by the clerk
8 of the municipality, or by the chair of the governing body and
9 attested by the chief financial officer of a special district
10 or a special tax district. The county, municipality, special
11 district, or special tax district the board of county
12 commissioners shall agree to observe the standards established
13 by the division as authorized in s. 257.15. On or before
14 December 1 each year, the applicant shall certify the annual
15 tax income and the rate of tax or the annual appropriation for
16 the free library or free library service, and shall furnish
17 such other pertinent information as the division may require.
18 (2) The chief municipal executive authority of any
19 municipality desiring to receive a grant under the provisions
20 of ss. 257.14-257.25 shall apply therefor to the Division of
21 Library and Information Services on or before October 1 of
22 each year on a form to be provided by the division. In the
23 application, which shall be signed by the chief municipal
24 executive officer and attested by the clerk of the circuit
25 court, the chief municipal executive authority shall agree to
26 observe the standards established by the division as
27 authorized in s. 257.15, shall certify the annual tax income
28 and the rate of tax or the annual appropriation for the free
29 library, and shall furnish such other pertinent information as
30 the division may require.
31 Section 5. Section 257.19, Florida Statutes, is
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1 repealed.
2 Section 6. Each county or municipal public library
3 that makes available for public use computer on-line service,
4 Internet service, or local bulletin-board service shall
5 install and maintain computer software or equivalent
6 technology on any computer that is made available to persons
7 under 18 years of age which prohibits access to materials that
8 contain obscene descriptions, photographs, or depictions. If
9 the library has only one computer available for public use,
10 the installation of such software or technology shall be
11 within the discretion of the library.
12 Section 7. In accordance with section 18, Article VII
13 of the State Constitution, the Legislature finds that the
14 installation and maintenance by public libraries of computer
15 software or equivalent technology that prohibits access by
16 persons under 18 years of age to obscene materials fulfills an
17 important state interest.
18 Section 8. This act shall take effect July 1, 2002.
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21 ================ T I T L E A M E N D M E N T ===============
22 And the title is amended as follows:
23 Delete everything before the enacting clause
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25 and insert:
26 A bill to be entitled
27 An act relating to public libraries; amending
28 s. 257.17, F.S.; authorizing municipalities to
29 receive operating grants; establishing minimum
30 standards for receipt of funds; removing
31 minimum population requirement for
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1 municipalities to be eligible to receive funds;
2 amending s. 257.191, F.S.; revising provisions
3 relating to construction grants; amending s.
4 257.22, F.S.; permitting eligible political
5 subdivisions to receive warrants; amending s.
6 257.23, F.S.; requiring certification of annual
7 tax income by a specified date; clarifying
8 authority with regard to applications for
9 grants; repealing s. 257.19, F.S., relating to
10 library construction grants; requiring public
11 libraries to install and maintain computer
12 software or equivalent technology that
13 prohibits access to obscene materials by
14 minors; providing that the installation of
15 software or technology in a library having only
16 one public-access computer is within the
17 library's discretion; providing a finding of
18 important state interest; providing an
19 effective date.
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21 WHEREAS, in enacting revisions to the State Aid to
22 Libraries program, the Legislature recognizes that the
23 original intent of aiding and encouraging the establishment of
24 free library service throughout the state by offering grants
25 to individual counties is succeeding because all counties in
26 this state are currently participating in the program, and
27 WHEREAS, the Legislature recognizes that providing
28 state aid to independent municipal libraries while supporting
29 political subdivisions that are currently participating in the
30 State Aid to Libraries program is a valuable contribution to
31 the extension of the state's public library development plan,
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1 and
2 WHEREAS, the Legislature further recognizes the need
3 for state aid in order to equalize the level of service that
4 public libraries in various communities throughout the state
5 are able to provide, to promote free library service that
6 benefits all residents of the state, and to promote
7 coordination among public libraries in order to improve the
8 delivery of library services, NOW, THEREFORE,
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