Senate Bill sb1654
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Florida Senate - 2003 SB 1654
By Senator Smith
14-1098-03 See HB 325
1 A bill to be entitled
2 An act relating to public libraries; amending
3 s. 257.191, F.S.; revising provisions relating
4 to public library construction grants;
5 providing for waiver of local matching
6 requirement under certain circumstances;
7 authorizing the Division of Library and
8 Information Services to administer certain
9 funds; providing for eligibility for grant
10 funding; providing for the adoption of rules;
11 providing for effect contingent upon certain
12 appropriations; amending s. 257.261, F.S.;
13 revising provisions relating to confidentiality
14 of public library registration and circulation
15 records to authorize disclosure of information
16 to the parent or guardian of a library patron
17 under age 16, for the purpose of collecting
18 fines or recovering overdue books or other
19 materials; prohibiting access to library
20 records by law enforcement personnel who
21 presently have access; providing for
22 severability; providing an effective date.
23
24 Be It Enacted by the Legislature of the State of Florida:
25
26 Section 1. Section 257.191, Florida Statutes, is
27 amended to read:
28 257.191 Public library construction grants.--
29 (1) The Division of Library and Information Services
30 may accept and administer library construction moneys
31 appropriated to it and shall allocate such appropriation to
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 SB 1654
14-1098-03 See HB 325
1 municipal or, county, and regional libraries in the form of
2 public library construction grants on a matching basis. The
3 local matching portion shall be no less than the grant amount,
4 on a dollar-for-dollar basis, up to the maximum grant amount
5 50 percent. The division shall waive the matching requirement
6 if a county or municipality requests a waiver of the matching
7 requirement and has been designated a rural community in
8 accordance with ss. 288.0656(2)(b) and 288.06561. Initiation
9 of a library construction project 12 months or less prior to
10 the grant award under this section shall not affect the
11 eligibility of an applicant to receive a public library
12 construction grant. The division shall adopt rules for the
13 administration of library construction grants. For the
14 purposes of this section, s. 257.21 does not apply.
15 (2) The Division of Library and Information Services
16 may accept and administer moneys appropriated to it for small
17 county public library construction grants. The purpose of the
18 grants is to assist counties and municipalities that have been
19 designated rural communities in accordance with ss.
20 288.0656(2)(b) and 288.06561 to construct, expand, or renovate
21 public library facilities to meet the requirement of 0.6
22 square feet per capita of total library floor space.
23 (3) To be eligible to compete for funds under this
24 section, a county or municipality shall:
25 (a) Comply with the definition of rural community as
26 provided in s. 288.0656(2)(b).
27 (b) Have less than 0.6 square feet per capita of total
28 library floor space.
29 (c) Certify that the county or municipality will
30 appropriate and expend sufficient funds to operate the
31 completed library facility.
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 SB 1654
14-1098-03 See HB 325
1 (d) Not apply for a grant under the public library
2 construction grant program provided in this section during the
3 same fiscal year.
4 (4) The division shall adopt rules for the
5 administration of small county public library construction
6 grants. For the purposes of this section, s. 257.21 does not
7 apply.
8 (5) Except as otherwise provided in this section, this
9 section shall take effect after the Legislature adopts the
10 General Appropriations Act specifically appropriating to the
11 Department of State, for distribution to the counties, such
12 amounts as it determines and appropriates for the specific
13 purpose of funding this section.
14 Section 2. Section 257.261, Florida Statutes, is
15 amended to read:
16 257.261 Library registration and circulation
17 records.--All registration and circulation records of every
18 public library, except statistical reports of registration and
19 circulation, are confidential and exempt from the provisions
20 of s. 119.07(1) and from s. 24(a) of Art. I of the State
21 Constitution. Except in accordance with proper judicial order,
22 a person may not make known in any manner any information
23 contained in such records, except as provided in this
24 section. As used in this section, the term "registration
25 records" includes any information that a library requires a
26 patron to provide in order to become eligible to borrow books
27 and other materials, and the term "circulation records"
28 includes all information that identifies the patrons who
29 borrow particular books and other materials. This section does
30 not prohibit any library, or any business operating jointly
31 with the library, from disclosing information to the parent or
3
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Florida Senate - 2003 SB 1654
14-1098-03 See HB 325
1 guardian of a public library patron under the age of 16, if
2 the parent or guardian presents a copy of the birth
3 certificate of the public library patron under the age of 16
4 municipal or county law enforcement officials, or to judicial
5 officials, for the purpose of collecting fines or recovering
6 overdue books, documents, films, or other items or materials
7 owned or otherwise belonging to the library. This section does
8 not prohibit any library, or any business operating jointly
9 with the library, from disclosing information to municipal or
10 county law enforcement officials or to judicial officials or
11 to any business, for the purpose of collecting fines or
12 recovering overdue books, documents, films, or other items or
13 materials owned or otherwise belonging to the library;
14 provided that,. in the case of a public library patron under
15 the age of 16, the a public library or business entity may
16 only release confidential information relating to the parent
17 or guardian of the person under the age of 16. Any person who
18 violates this section commits is guilty of a misdemeanor of
19 the second degree, punishable as provided in s. 775.082 or s.
20 775.083.
21 Section 3. If any provision of this act or its
22 application to any person or circumstance is held invalid, the
23 invalidity does not affect other provisions or applications of
24 the act which can be given effect without the invalid
25 provision or application, and to this end the provisions of
26 this act are declared severable.
27 Section 4. This act shall take effect upon becoming a
28 law.
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