Florida Senate - 2015 SB 434
By Senator Detert
28-00600-15 2015434__
1 A bill to be entitled
2 An act relating to public libraries; amending s.
3 257.015, F.S.; defining the terms “depository library”
4 and “state publication”; amending s. 257.02, F.S.;
5 revising the composition and duties of the State
6 Library Council; amending s. 257.04, F.S.; revising
7 the powers and duties of the Division of Library and
8 Information Services of the Department of State;
9 requiring the division to coordinate with the Division
10 of Blind Services of the Department of Education to
11 provide certain services; authorizing the division to
12 issue electronic information; amending s. 257.05,
13 F.S.; providing legislative findings; revising
14 provisions regarding the delivery and distribution of
15 publications; requiring specified entities in state
16 government to designate a state publications liaison;
17 removing the definition of the term “public document”;
18 revising the duties of the division with respect to
19 the management of the State Publications Program;
20 amending s. 257.36, F.S.; removing a provision
21 requiring the division to provide a centralized
22 microfilming program for state agencies; amending ss.
23 257.105, 283.31, and 286.001, F.S.; conforming
24 provisions to changes made by the act; providing an
25 effective date.
26
27 Be It Enacted by the Legislature of the State of Florida:
28
29 Section 1. Section 257.015, Florida Statutes, is amended to
30 read:
31 257.015 Definitions.—As used in this chapter, the term:
32 (1) “Department” means the Department of State.
33 (2) “Depository library” means a library that has been
34 designated as a depository for receiving state publications in
35 accordance with s. 257.05(3).
36 (3)(2) “Division” means the Division of Library and
37 Information Services of the Department of State.
38 (4)(3) “Secretary” means the Secretary of State.
39 (5)(4) “State Librarian” means the person appointed by the
40 secretary as the director of the Division of Library and
41 Information Services pursuant to s. 257.031.
42 (6) “State publication” means a publication created under
43 the authority of or at the total or partial expense of a state
44 official, state department, state board, state court, or state
45 agency, or that is required to be publicly distributed pursuant
46 to state law. The term includes a publication containing
47 information about the state and its government which is
48 culturally and historically significant to researchers and the
49 general public. The term does not include a publication that is
50 created only for internal use of a state official, state
51 department, state board, state court, or state agency.
52 Section 2. Section 257.02, Florida Statutes, is amended to
53 read:
54 257.02 State Library Council.—
55 (1) There shall be a State Library Council to advise and
56 assist the division with planning, policy, and priorities
57 related to the development of statewide information services of
58 Library and Information Services on its programs and activities.
59 The council shall consist of nine members who shall be appointed
60 by the Secretary of State. Of the nine members, three members
61 must represent Florida public libraries, two members must
62 represent the Florida Academic Library Services Cooperative, one
63 member must represent a multitype library cooperative, one
64 member must represent a school library media center, one member
65 must represent the Independent Colleges and Universities of
66 Florida, and at least one member must represent a Florida
67 library professional association, at least one must represent a
68 Florida archive professional association, at least one must
69 represent a Florida records management professional association,
70 and at least one must be a person who is not, and has never
71 been, employed in a library or in teaching library science
72 courses. Members shall be appointed for 4-year terms. A vacancy
73 on the council shall be filled for the period of the unexpired
74 term. A No person may not be appointed to serve more than two
75 consecutive terms as a member of the council. The secretary of
76 State may remove from office any council member for malfeasance,
77 misfeasance, neglect of duty, incompetence, permanent inability
78 to perform official duties, or pleading guilty or nolo
79 contendere to, or being found guilty of, a felony.
80 (2) Members of the council shall serve without compensation
81 or honorarium but are shall be entitled to receive reimbursement
82 for per diem and travel expenses as provided in s. 112.061. The
83 council shall meet at the call of its chair, at the request of a
84 majority of its membership, at the request of the division, or
85 at such times as may be prescribed by its rules.
86 (3) The Secretary of State may, in making appointments,
87 consult Florida’s library, archival, or records management
88 community and related statewide associations and organizations
89 for suggestions as to persons having special knowledge and
90 interest concerning libraries.
91 (3)(4) The officers of the State Library Council shall be a
92 chair, elected from the members thereof, and the State
93 Librarian, who shall serve without voting rights as secretary of
94 the council.
95 Section 3. Section 257.04, Florida Statutes, is amended to
96 read:
97 257.04 Publications, pictures, and other documents received
98 to constitute part of State Library; powers and duties of
99 Division of Library and Information Services.—
100 (1) All books, pictures, documents, publications, and
101 manuscripts received through gifts, purchase, or exchange, or on
102 deposit from any source for the use of the state, shall
103 constitute a part of the State Library and shall be placed
104 therein for the use of the public under the control of the
105 division of Library and Information Services of the Department
106 of State. The division may receive gifts of money, books, or
107 other property which may be used or held for the purpose or
108 purposes given; and it may purchase books, periodicals,
109 furniture, and equipment as it deems necessary to promote the
110 efficient operation of the service it is expected to render to
111 state officials, employees, and the public.
112 (2) The division may, upon request, give aid and
113 assistance, financial, advisory, or otherwise, to all school,
114 state institutional, academic, free, and public libraries, and
115 to all communities in the state which may propose to establish
116 libraries, as to the best means of establishing and
117 administering libraries, selecting and cataloging books, and
118 other facets of library management.
119 (3) The division shall maintain a library for state
120 officials and employees, especially of informational material
121 pertaining to the phases of their work, and provide for them
122 material for general reading and study.
123 (4) The division shall maintain and provide research and
124 information services for all state agencies.
125 (5) The division shall make all necessary arrangements to
126 coordinate with the Division of Blind Services of the Department
127 of Education to provide library services to the blind and
128 physically handicapped persons of the state.
129 (6) The division may issue printed material and electronic
130 information, such as lists and circulars of information, and in
131 the publication thereof may cooperate with state library
132 commissions and libraries of other states in order to secure the
133 more economical administration of the work for which it is
134 formed. The division It may conduct courses of library
135 instruction and hold librarians’ institutes in various parts of
136 the state.
137 (7) The division shall perform such other services and
138 engage in any other activity, not contrary to law, that it may
139 think appropriate in the development of library service to state
140 government, to the libraries and library profession of the
141 state, and to the citizens of the state.
142 Section 4. Section 257.05, Florida Statutes, is amended to
143 read:
144 257.05 State Publications Program Public documents;
145 delivery to, and distribution by, division.—
146 (1) The Legislature finds that the State Publications
147 Program increases accessibility to culturally and historically
148 significant information about the state and its government for
149 researchers and the general public through the distribution of
150 state publications to depository libraries throughout the state.
151 (2) Each state official, state department, state board,
152 state court, or state agency:
153 (a) Shall furnish its state publications to the division
154 for distribution to depository libraries throughout the state
155 upon the publication’s release in accordance with division rule.
156 (b) Shall designate a state publications liaison. Upon
157 designation of a liaison, a state official, state department,
158 state board, state court, or state agency shall provide the
159 division with the liaison’s name and contact information. Each
160 state publications liaison shall maintain a list of his or her
161 respective entity’s state publications and furnish the list to
162 the division as updated or by December 31 of each year The term
163 “public document” as used in this section means any document,
164 report, directory, bibliography, rule, newsletter, pamphlet,
165 brochure, periodical, or other publication, whether in print or
166 nonprint format, that is paid for in whole or in part by funds
167 appropriated by the Legislature and may be subject to
168 distribution to the public; however, the term excludes
169 publications for internal use by an executive agency as defined
170 in s. 283.30.
171 (2)(a) Each state official, state department, state board,
172 state court, or state agency issuing public documents shall
173 furnish the Division of Library and Information Services of the
174 Department of State 35 copies of each of those public documents,
175 as issued, for deposit in and distribution by the division.
176 However, if the division so requests, as many as 15 additional
177 copies of each public document shall be supplied to it.
178 (b) If any state official, state department, state board,
179 state court, or state agency has fewer than 40 copies of any
180 public document, it shall supply the division with 2 copies of
181 each such public document for deposit in the State Library.
182 (c) By December 31 of each year, any state official, state
183 department, state board, state court, or state agency issuing
184 public documents shall furnish to the division a list of all
185 public documents, including each publication that is on the
186 agency’s website, issued by the official, department, board,
187 court, or agency during that calendar year.
188 (c)(d) Shall, if having charge of their distribution,
189 furnish the division with As issued, daily journals and bound
190 journals of each house of the Legislature, as issued; slip laws
191 and bound session laws, both general and special; and Florida
192 Statutes and supplements thereto shall be furnished to the
193 division by the state official, department, or agency having
194 charge of their distribution. The number of copies furnished
195 shall be determined by requests of the division, which number in
196 no case may exceed 35 copies of the particular publication.
197 (3) It is the duty of the division to:
198 (a) Manage the State Publications Program.
199 (b) Designate university, college, and public libraries as
200 depository libraries for state publications depositories for
201 public documents and to designate certain of these depositories
202 as regional centers for full collections of public documents. A
203 depository library must maintain state publications in a form
204 that is convenient and accessible to the public. The division
205 shall be the official repository for state publications.
206 (c)(b) Create a distribution Provide a system to provide of
207 distribution of the copies of state publications to depository
208 libraries furnished to it under subsection (2) to such
209 depositories.
210 (d)(c) Create Publish a periodic bibliography for the State
211 Publications Program of the publications of the state.
212
213 The division may exchange copies of state publications public
214 documents for those of other states, territories, and countries.
215 Depositories receiving public documents under this section shall
216 keep them in a convenient form accessible to the public.
217 Section 5. Paragraph (h) of subsection (1) of section
218 257.36, Florida Statutes, is amended, and present paragraphs (i)
219 through (l) of subsection (1) are redesignated as paragraphs (h)
220 through (k), respectively, to read:
221 257.36 Records and information management.—
222 (1) There is created within the Division of Library and
223 Information Services of the Department of State a records and
224 information management program. It is the duty and
225 responsibility of the division to:
226 (h) Provide a centralized program of microfilming for the
227 benefit of all agencies.
228 Section 6. Section 257.105, Florida Statutes, is amended to
229 read:
230 257.105 State publications Public documents; copies to
231 Library of Congress.—Any state official or state agency, board,
232 commission, or institution having charge of state publications
233 hereinafter named is authorized and directed to furnish the
234 Library of Congress in Washington, D.C., upon requisition from
235 the Library of Congress, up to three copies of the journals of
236 both houses of the Legislature; volumes of the Supreme Court
237 Reports; volumes of periodic reports of Cabinet officers; and
238 copies of reports, studies, maps, or other publications by
239 official boards or institutions of the state, from time to time,
240 as such are published and are available for public distribution.
241 Section 7. Section 283.31, Florida Statutes, is amended to
242 read:
243 283.31 Records of executive agency publications.—Each
244 agency shall maintain a record of any state publication, as
245 defined in s. 257.05, the printing of which costs in excess of
246 the threshold amount provided in s. 287.017 for CATEGORY THREE,
247 at least part of which is paid for by state funds appropriated
248 by the Legislature. Such record shall also contain the
249 following: written justification of the need for such
250 publication, purpose of such publication, legislative or
251 administrative authority, sources of funding, frequency and
252 number of issues, and reasons for deciding to have the
253 publication printed in-house, by another agency or the
254 Legislature, or purchased on bid. In addition, such record shall
255 contain the comparative costs of alternative printing methods
256 when such costs were a factor in deciding upon a method. The
257 record of the corporation operating the correctional industry
258 printing program shall include the cost of materials used, the
259 cost of labor, the cost of overhead, the amount of profit made
260 by the corporation for such printing, and whether the state
261 agencies that contract with the corporation for printing are
262 prudently determining the price paid for such printing.
263 Section 8. Subsections (2) and (4) of section 286.001,
264 Florida Statutes, are amended to read:
265 286.001 Reports statutorily required; filing, maintenance,
266 retrieval, and provision of copies.—
267 (2) With respect to reports statutorily required of
268 agencies or officers within the executive, legislative, or
269 judicial branches of state government, the State Board of
270 Education, the Board of Governors of the State University
271 System, or the Public Service Commission, it is the duty of the
272 division, in addition to its duties under s. 257.05, to:
273 (a) Regularly compile and update bibliographic information
274 on such reports for distribution as provided in paragraph (b).
275 Such bibliographic information may be included in the
276 bibliographies prepared by the division pursuant to s. 257.05(3)
277 s. 257.05(3)(c).
278 (b) Provide for at least quarterly distribution of
279 bibliographic information on reports to:
280 1. Agencies and officers within the executive, legislative,
281 and judicial branches of state government, the State Board of
282 Education, the Board of Governors of the State University
283 System, and the Public Service Commission, free of charge; and
284 2. Other interested parties upon request properly made and
285 upon payment of the actual cost of duplication pursuant to s.
286 119.07(1).
287 (4) Nothing in This section may not shall be construed to
288 waive or modify the requirement in s. 257.05(2) pertaining to
289 the provision of copies of state publications public documents
290 to the division.
291 Section 9. This act shall take effect July 1, 2015.