HOUSE AMENDMENT Bill No. HB 325 CS
1	CHAMBER ACTION
2	Senate House
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12	Representative Garcia offered the following:
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14	Amendment (with directory and title amendments)
15	Remove line(s) 29-106, and insert:
16	Section 1. Section 257.17, Florida Statutes, is amended to
17	read:
18	257.17 Operating grants.—A political subdivision that has
19	been designated by a county or municipalityas the single
20	library administrative unit is eligible to receive from the
21	state an annual operating grant of not more than 25 percent of
22	all local funds expended by that political subdivision during
23	the second preceding fiscal year for the operation and
24	maintenance of a library, under the following conditions:
25	(1) Eligible political subdivisions include:
26	(a) A county that establishes or maintains a library or
27	that gives or receives free library service by contract with a
28	municipality or nonprofit library corporation or association
29	within such county;
30	(b) A county that joins with one or more counties to
31	establish or maintain a library or contracts with another
32	county, a special district, a special tax district, or one or
33	more municipalities in another county to receive free library
34	service;
35	(c) A special district or special tax district that
36	establishes or maintains a library and provides free library
37	service; or
38	(d) A municipality with a population of 200,000 or more
39	that establishes or maintains a library or thatand gives or
40	receives free library service by contract with a nonprofit
41	library corporation or association within the municipality.
42	(2) The library established or maintained by such
43	political subdivision shall:
44	(a) Be operated under a single administrative head who is
45	an employee of the single library administrative unit and who
46	has completed a library education program accredited by the
47	American Library Association. The single administrative head
48	shall have at least 2 years of full-time paid professional
49	experience, after completing the library education program, in a
50	public library that is open to the public for a minimum of 40
51	hours per week.and
52	(b) Expend its funds centrally.;
53	(b) Have an operating budget of at least $20,000 per year
54	from local sources; and
55	(c) Provide reciprocal borrowing and other library
56	services pursuant to interlocal agreement.Give free library
57	service to all residents of all political subdivisions within
58	the county that receive operating grants from the stateof the
59	county or residents of the special district or special tax
60	district.
61	(d) Have at least one library or branch library open for
62	40 or more hours per week.
63	(e) Have a long-range plan, an annual plan of service, and
64	an annual budget.
65	(f) Engage in joint planning for coordination of library
66	services within the county or counties that receive operating
67	grants from the state.
68	(3) Any political subdivision establishing public library
69	service for the first time shall submit a certified copy of its
70	appropriation for library service, and its eligibility to
71	receive an operating grant shall be based upon such
72	appropriation.
73	(4)(a) A municipality with a population of 200,000 or more
74	that establishes or maintains a library is eligible to receive
75	from the state an annual operating grant of not more than 25
76	percent of all local funds expended by that municipality during
77	the second preceding fiscal year for the operation and
78	maintenance of a library, under the following conditions:
79	1. The municipal library is operated under a single
80	administrative head and expends its funds centrally;
81	2. The municipal library has an operating budget of at
82	least $20,000 per year from local sources; and
83	3. The municipal library provides free library service to
84	all residents of the municipality.
85	(b) This subsection is repealed on July 1, 2002.
86	Section 2. Section 257.191, Florida Statutes, is amended
87	to read:
88	257.191 Construction grants.—The Division of Library and
89	Information Services may accept and administer library
90	construction moneys appropriated to it and shall allocate such
91	appropriation to municipal, county, and regional libraries in
92	the form of library construction grants on a matching basis. The
93	local matching portion shall be no less than the grant amount,
94	on a dollar-for-dollar basis, up to the maximum grant amount,
95	unless the matching requirement is waived by s. 288.0656150
96	percent. Initiation of a library construction project 12 months
97	or less prior to the grant award under this section shall not
98	affect the eligibility of an applicant to receive a library
99	construction grant.The division shall adopt rules for the
100	administration of library construction grants. For the purposes
101	of this section, s. 257.21 does not apply.
102	Section 3. Section 257.22, Florida Statutes, is amended to
103	read:
104	257.22 Division of Library and Information Services;
105	allocation of funds.—Any moneys that may be appropriated for use
106	by a county, a municipality, a special district, or a special
107	tax district for the maintenance of a library or library service
108	shall be administered and allocated by the Division of Library
109	and Information Services in the manner prescribed by law. On or
110	before December 1 of each year, the division shall certify to
111	the Comptroller the amount to be paid to each county,
112	municipality, special district, or special tax district, and the
113	Comptroller shall issue warrants to the eligible political
114	subdivisionsrespective boards of county commissioners or chief
115	municipal executive authorities for the amount so allocated.
116	Section 4. Section 257.23, Florida Statutes, is amended to
117	read:
118	257.23 Application for grant.—
119	(1) The board of county commissioners of any county, the
120	chief executive officer of a municipality, or the governing body
121	of a special district or a special tax districtdesiring to
122	receive a grant under the provisions of ss. 257.14-257.25 shall
123	apply therefor to the Division of Library and Information
124	Services on or before October 1 of each year on a form to be
125	provided by the division. In The application, whichshall be
126	signed by the chair of the board of county commissioners and
127	attested by the clerk of the circuit court or the appropriate
128	officer in a charter county, by the chief executive officer of a
129	municipality and attested by the clerk of the municipality, or
130	by the chair of the governing body and attested by the chief
131	financial officer of a special district or a special tax
132	district. The county, municipality, special district, or special
133	tax districtthe board of county commissionersshall agree to
134	observe the standards established by the division as authorized
135	in s. 257.15. On or before December 1 each year, the applicant
136	shall certify the annual tax income and the rate of tax or the
137	annual appropriation for the free library or free library
138	service, and shall furnish such other pertinent information as
139	the division may require.
140	(2) The chief municipal executive authority of any
141	municipality desiring to receive a grant under the provisions of
142	ss. 257.14-257.25 shall apply therefor to the Division of
143	Library and Information Services on or before October 1 of each
144	year on a form to be provided by the division. In the
145	application, which shall be signed by the chief municipal
146	executive officer and attested by the clerk of the circuit
147	court, the chief municipal executive authority shall agree to
148	observe the standards established by the division as authorized
149	in s. 257.15, shall certify the annual tax income and the rate
150	of tax or the annual appropriation for the free library, and
151	shall furnish such other pertinent information as the division
152	may require.
153	Section 5. Section 257.19, Florida Statutes, is repealed.
154	Section 6. Section 257.261, Florida Statutes, is amended
155	to read:
156	257.261 Library registration and circulation records.—All
157	registration and circulation records of every public library,
158	except statistical reports of registration and circulation, are
159	confidential and exempt from the provisions of s. 119.07(1) and
160	from s. 24(a) of Art. I of the State Constitution. Except in
161	accordance with proper judicial order, a person may not make
162	known in any manner any information contained in such records,
163	except as provided in this section. As used in this section,
164	the term "registration records" includes any information that a
165	library requires a patron to provide in order to become eligible
166	to borrow books and other materials, and the term "circulation
167	records" includes all information that identifies the patrons
168	who borrow particular books and other materials. This section
169	does not prohibit any library, or any business operating jointly
170	with the library, from disclosing information to the parent or
171	guardian of a public library patron under the age of 16
172	municipal or county law enforcement officials, or to judicial
173	officials, for the purpose of collecting fines orrecovering
174	overdue books, documents, films, or other items or materials
175	owned or otherwise belonging to the library. This section does
176	not prohibit any library, or any business operating jointly with
177	the library, from disclosing information to municipal or county
178	law enforcement officials or to judicial officials or to any
179	business, for the purpose of collecting fines or recovering
180	overdue books, documents, films, or other items or materials
181	owned or otherwise belonging to the library; provided that,.in
182	the case of a public library patron under the age of 16, thea
183	public library or business entitymay only release confidential
184	information relating to the parent or guardian of the person
185	under the age of 16. Any person who violates this section
186	commitsis guilty ofa misdemeanor of the second degree,
187	punishable as provided in s. 775.082 or s. 775.083.
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190	================= T I T L E A M E N D M E N T =================
191	Remove line(s) 11-25, and insert:
192	An act relating to public libraries; amending s. 257.17,
193	F.S.; authorizing municipalities to receive operating
194	grants; establishing minimum standards for receipt of
195	funds; removing minimum population requirement for
196	municipalities to be eligible to receive funds; amending
197	s. 257.191, F.S.; revising provisions relating to
198	construction grants; amending s. 257.22, F.S.; permitting
199	eligible political subdivisions to receive warrants;
200	amending s. 257.23, F.S.; requiring certification of
201	annual tax income by a specified date; clarifying
202	authority with regard to applications for grants;
203	repealing s. 257.19, F.S., relating to library
204	construction grants; amending s. 257.261, F.S.; revising
205	provisions relating to confidentiality of public library
206	registration and circulation records to authorize
207	disclosure of information to the parent or guardian of a
208	library patron under age 16, for the purpose of collecting
209	fines or recovering overdue books or other materials;
210	providing for severability; providing an effective date.
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212	WHEREAS, in enacting revisions to the State Aid to
213	Libraries program, the Legislature recognizes that the original
214	intent of aiding and encouraging the establishment of free
215	library service throughout the state by offering grants to
216	individual counties is succeeding because all counties in this
217	state are currently participating in the program, and
218	WHEREAS, the Legislature recognizes that providing state
219	aid to independent municipal libraries while supporting
220	political subdivisions that are currently participating in the
221	State Aid to Libraries program is a valuable contribution to the
222	extension of the state's public library development plan, and
223	WHEREAS, the Legislature further recognizes the need for
224	state aid in order to equalize the level of service that public
225	libraries in various communities throughout the state are able
226	to provide, to promote free library service that benefits all
227	residents of the state, and to promote coordination among public
228	libraries in order to improve the delivery of library services,
229	NOW, THEREFORE,
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