Kutak Rock Attorney Kirsten Mood Presents on Legal Issues Facing Florida Public Libraries
News | March 23, 2026On February 13, Kutak Rock attorney Kirsten Mood presented to librarians in Santa Rosa County on emerging and high-profile legal issues impacting Florida’s public libraries. The training followed a similar presentation she delivered on October 31, 2025 at the annual meeting of the Panhandle Library Access Network.
Designed specifically for public library professionals, the presentation addressed complex and often sensitive issues that quickly can escalate into legal exposure for cities, counties and library cooperatives. Kirsten provided practical, real-world guidance to help staff respond confidently and lawfully when confronted with challenging patron interactions.
A central focus of the program was the rise of “First Amendment audits” and how libraries can appropriately respond. Drawing on federal First Amendment case law, Kirsten explained the difference between the traditional public forum and limited public forums and how reasonable time, place and manner restrictions may be applied within library spaces. She emphasized the importance of clearly codified patron conduct policies, consistent enforcement, and maintaining professionalism during potentially confrontational encounters.
The presentation also explored a wide range of other pressing topics, including:
- Service animal access requirements under Florida law and permissible staff inquiries
- Patron rights related to breastfeeding
- Public sleeping restrictions under recent changes to Florida statutes
- Dress code and hygiene policies
- Unattended children and mandatory reporting obligations for suspected abuse or neglect
- Protesting, soliciting and campaigning on library property
- Stalking, cyberstalking and cyberintimidation concerns
- Registered sex offender access issues
- Weapons and firearms laws as they apply to public libraries following a September 2025 ruling of the Florida First District Court of Appeal striking down Florida’s statutory ban on open carry.
Throughout the session, Kirsten highlighted practical steps library staff can take to reduce risk, de-escalate tense situations, and ensure compliance with Florida statutes while preserving the library’s role as a public resource.
Kirsten will provide a similar presentation to the members of the Panhandle Library Access Network at its Small and Rural Libraries Conference on Friday, May 29, 2026 at Gulf Coast State College