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