Senate Bill sb0192er

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    2003 Legislature                  CS for SB 192, 1st Engrossed



  1                                 

  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.

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

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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


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    ENROLLED

    2003 Legislature                  CS for SB 192, 1st Engrossed



 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, only for

 5  the 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  the following:

10         1.  The library patron named in the records;

11         2.  In the case of a library patron less than 16 years

12  of age, the parent or guardian of that patron named in the

13  records;

14         3.  Any entity that collects fines on behalf of a

15  library, unless the patron is less than 16 years of age, in

16  which case only information identifying the patron's parent or

17  guardian may be released;

18         4.  Municipal or county law enforcement officials,

19  unless the patron is 16 years of age, in which case only

20  information identifying the patron's parent or guardian may be

21  released; or to

22         5.  Judicial officials., for the purpose of recovering

23  overdue books, documents, films, or other items or materials

24  owned or otherwise belonging to the library. This section does

25  not prohibit any library, or any business operating jointly

26  with the library, from disclosing information to municipal or

27  county law enforcement officials or to judicial officials or

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

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

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

31  


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    ENROLLED

    2003 Legislature                  CS for SB 192, 1st Engrossed



 1  library may only release confidential information relating to

 2  the parent or guardian of the person under 16.

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

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

 5  provided in s. 775.082 or s. 775.083.

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

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