HB 0325 2003
1	A bill to be entitled
2	An act relating to public libraries; amending s. 257.191,
3	F.S.; revising provisions relating to public library
4	construction grants; providing for waiver of local
5	matching requirement under certain circumstances;
6	authorizing the Division of Library and Information
7	Services to administer certain funds; providing for
8	eligibility for grant funding; providing for the adoption
9	of rules; providing for effect contingent upon certain
10	appropriations; amending s. 257.261, F.S.; revising
11	provisions relating to confidentiality of public library
12	registration and circulation records to authorize
13	disclosure of information to the parent or guardian of a
14	library patron under age 16, for the purpose of collecting
15	fines or recovering overdue books or other materials;
16	prohibiting access to library records by law enforcement
17	personnel who presently have access; providing for
18	severability; providing an effective date.
19
20	Be It Enacted by the Legislature of the State of Florida:
21
22	Section 1. Section 257.191, Florida Statutes, is amended
23	to read:
24	257.191Public libraryconstruction grants.--
25	(1)The Division of Library and Information Services may
26	accept and administer library construction moneys appropriated
27	to it and shall allocate such appropriation to municipalor,
28	county, and regionallibraries in the form ofpubliclibrary
29	construction grants on a matching basis. The local matching
30	portion shall be no less thanthe grant amount, on a dollar-for-
31	dollar basis, up to the maximum grant amount50 percent.The
32	division shall waive the matching requirement if a county or
33	municipality requests a waiver of the matching requirement and
34	has been designated a rural community in accordance with ss.
35	288.0656(2)(b) and 288.06561. Initiation of a library
36	construction project 12 months or less prior to the grant award
37	under this section shall not affect the eligibility of an
38	applicant to receive a public library construction grant.The
39	division shall adopt rules for the administration of library
40	construction grants. For the purposes of this section, s. 257.21
41	does not apply.
42	(2) The Division of Library and Information Services may
43	accept and administer moneys appropriated to it for small county
44	public library construction grants. The purpose of the grants is
45	to assist counties and municipalities that have been designated
46	rural communities in accordance with ss. 288.0656(2)(b) and
47	288.06561 to construct, expand, or renovate public library
48	facilities to meet the requirement of 0.6 square feet per capita
49	of total library floor space.
50	(3) To be eligible to compete for funds under this
51	section, a county or municipality shall:
52	(a) Comply with the definition of rural community as
53	provided in s. 288.0656(2)(b).
54	(b) Have less than 0.6 square feet per capita of total
55	library floor space.
56	(c) Certify that the county or municipality will
57	appropriate and expend sufficient funds to operate the completed
58	library facility.
59	(d) Not apply for a grant under the public library
60	construction grant program provided in this section during the
61	same fiscal year.
62	(4) The division shall adopt rules for the administration
63	of small county public library construction grants. For the
64	purposes of this section, s. 257.21 does not apply.
65	(5) Except as otherwise provided in this section, this
66	section shall take effect after the Legislature adopts the
67	General Appropriations Act specifically appropriating to the
68	Department of State, for distribution to the counties, such
69	amounts as it determines and appropriates for the specific
70	purpose of funding this section.
71	Section 2. Section 257.261, Florida Statutes, is amended
72	to read:
73	257.261 Library registration and circulation records.--All
74	registration and circulation records of every public library,
75	except statistical reports of registration and circulation, are
76	confidential and exempt from the provisions of s. 119.07(1) and
77	from s. 24(a) of Art. I of the State Constitution. Except in
78	accordance with proper judicial order, a person may not make
79	known in any manner any information contained in such records,
80	except as provided in this section. As used in this section,
81	the term "registration records" includes any information that a
82	library requires a patron to provide in order to become eligible
83	to borrow books and other materials, and the term "circulation
84	records" includes all information that identifies the patrons
85	who borrow particular books and other materials. This section
86	does not prohibit any library, or any business operating jointly
87	with the library, from disclosing information tothe parent or
88	guardian of a public library patron under the age of 16, if the
89	parent or guardian presents a copy of the birth certificate of
90	the public library patron under the age of 16municipal or
91	county law enforcement officials, or to judicial officials, for
92	the purpose ofcollecting fines orrecovering overdue books,
93	documents, films, or other items or materials owned or otherwise
94	belonging to the library. This section does not prohibit any
95	library, or any business operating jointly with the library,
96	from disclosing information to municipal or county law
97	enforcement officials or to judicial officials or to any
98	business,for the purpose of collecting fines orrecovering
99	overdue books, documents, films, or other items or materials
100	owned or otherwise belonging to the library; provided that,.in
101	the case of a public library patron under the age of 16,thea
102	public libraryor business entitymay only release confidential
103	information relating to the parent or guardian of the person
104	underthe age of16. Any person who violates this section
105	commitsis guilty ofa misdemeanor of the second degree,
106	punishable as provided in s. 775.082 or s. 775.083.
107	Section 3.If any provision of this act or its application
108	to any person or circumstance is held invalid, the invalidity
109	does not affect other provisions or applications of the act
110	which can be given effect without the invalid provision or
111	application, and to this end the provisions of this act are
112	declared severable.
113	Section 4. This act shall take effect upon becoming a law.
114