Senate Bill sb0192c1

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2003                            CS for SB 192

    By the Committee on Governmental Oversight and Productivity;
    and Senator Lynn




    302-1905-03

  1                      A bill to be entitled

  2         An act relating to library records; amending s.

  3         257.261, F.S.; revising provisions relating to

  4         confidentiality of public library registration

  5         and circulation records to authorize disclosure

  6         of information to the parent or guardian of a

  7         library patron under age 16, for the purpose of

  8         collecting fines or recovering overdue books or

  9         other materials; providing an effective date.

10  

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

12  

13         Section 1.  Section 257.261, Florida Statutes, is

14  amended to read:

15         257.261  Library registration and circulation

16  records.--

17         (1)  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 section.

24         (2)  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.

30         (3)(a)  Except in accordance with a proper judicial

31  order, a person may not make known in any manner any

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                            CS for SB 192
    302-1905-03




 1  information contained in records made confidential and exempt

 2  by this section, except as otherwise provided in this section.

 3         (b)  A This section does not prohibit any library, or

 4  any business operating jointly with the library may, for the

 5  purpose of collecting fines or recovering overdue books,

 6  documents, films, or other items or materials owned or

 7  otherwise belonging to the library, disclose, from disclosing

 8  information made confidential and exempt by this section to:

 9         1.  Municipal or county law enforcement officials, or

10  to judicial officials;,

11         2.  The library patron named in the records; or

12         3.  In the case of a library patron less than 16 years

13  of age the parent or guardian of that patron named in the

14  records. for the purpose of recovering overdue books,

15  documents, films, or other items or materials owned or

16  otherwise belonging to the library. This section does not

17  prohibit any library, or any business operating jointly with

18  the library, from disclosing information to municipal or

19  county law enforcement officials or to judicial officials or

20  to any business for the purpose of collecting fines or overdue

21  books, documents, films, or other items or materials. In the

22  case of a public library patron under the age of 16, a public

23  library may only release confidential information relating to

24  the parent or guardian of the person under 16.

25         (4)  Any person who violates this section commits is

26  guilty of a misdemeanor of the second degree, punishable as

27  provided in s. 775.082 or s. 775.083.

28         Section 2.  This act shall take effect July 1, 2003.

29  

30  

31  

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                            CS for SB 192
    302-1905-03




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 192

 3                                 

 4  Restructures and reorganizes the section to clarify it.

 5  Clarifies that a parent or guardian of a child under the age
    of 16 may be granted access to records of that child for the
 6  purpose of recovering overdue books and collecting fines.

 7  Authorizes patrons access to their registration and
    circulation records.
 8  

 9  

10  

11  

12  

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  3

CODING: Words stricken are deletions; words underlined are additions.