HB 0251 2003
1	CHAMBER ACTION
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6	The Committee on Commerce recommends the following:
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8	Committee Substitute
9	Remove the entire bill and insert:
10	A bill to be entitled
11	An act relating to library records; amending s. 257.261,
12	F.S.; revising provisions relating to confidentiality of
13	public library registration and circulation records to
14	authorize disclosure of information to the parent or
15	guardian of a library patron under age 16, for the purpose
16	of collecting fines or recovering overdue books or other
17	materials; providing an effective date.
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19	Be It Enacted by the Legislature of the State of Florida:
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21	Section 1. Section 257.261, Florida Statutes, is amended
22	to read:
23	257.261 Library registration and circulation records.--
24	(1)All registration and circulation records of every
25	public library, except statistical reports of registration and
26	circulation, are confidential and exempt from the provisions of
27	s. 119.07(1) and from s. 24(a) of Art. I of the State
28	Constitution. Except in accordance with proper judicial order, a
29	person may not make known in any manner any information
30	contained in such records, except as provided in this section.
31	(2)As used in this section, the term "registration
32	records" includes any information that a library requires a
33	patron to provide in order to become eligible to borrow books
34	and other materials, and the term "circulation records" includes
35	all information that identifies the patrons who borrow
36	particular books and other materials.
37	(3)(a) Except in accordance with a proper judicial order,
38	a person may not make known in any manner any information
39	contained in records made confidential and exempt by this
40	section, except as otherwise provided in this section.
41	(b) AThis section does not prohibit anylibrary, or any
42	business operating jointly with the library may, onlyfrom
43	disclosing information to municipal or county law enforcement
44	officials, or to judicial officials, for the purpose of
45	collecting fines orrecovering overdue books, documents, films,
46	or other items or materials owned or otherwise belonging to the
47	library, disclose information made confidential and exempt by
48	this section to the following:
49	1. The library patron named in the records;
50	2. In the case of a library patron less than 16 years of
51	age, the parent or guardian of the patron named in the records;
52	3. Any entity that collects fines on behalf of a library,
53	unless the library patron is less than 16 years of age, in which
54	case only information identifying the patron’s parent or
55	guardian may be released;
56	4. Municipal or county law enforcement officials, unless
57	the library patron is less than 16 years of age, in which case
58	only information identifying the patron’s parent or guardian may
59	be released; or
60	5. Judicial officials. This section does not prohibit any
61	library, or any business operating jointly with the library,
62	from disclosing information to municipal or county law
63	enforcement officials or to judicial officials or to any
64	business for the purpose of collecting fines or overdue books,
65	documents, films, or other items or materials. In the case of a
66	public library patron under the age of 16, a public library may
67	only release confidential information relating to the parent or
68	guardian of the person under 16.
69	(4) Any person who violates this section commitsis guilty
70	ofa misdemeanor of the second degree, punishable as provided in
71	s. 775.082 or s. 775.083.
72	Section 2. This act shall take effect July 1, 2003.