HB 1687 2003
1	CHAMBER ACTION
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6	The Committee on State Administration recommends the following:
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8	Committee Substitute
9	Remove the entire bill and insert:
10	A bill to be entitled
11	An act relating to governmental reorganization; creating
12	s. 20.101, F.S.; creating the Department of State and
13	Community Affairs; providing the mission of the
14	department; providing that the department shall be headed
15	by a secretary appointed by and serving at the pleasure of
16	the Governor; establishing divisions within the
17	department; providing that the Florida Housing Finance
18	Corporation and the Division of Emergency Management shall
19	be placed in the department for administrative purposes;
20	requiring appointment of division directors; providing for
21	the appointment of deputy and assistant secretaries;
22	providing for the establishment of bureaus, sections, and
23	subsections deemed necessary by the secretary for certain
24	purposes, under certain conditions; providing for the
25	appointment of directors or executive directors of any
26	commission or council; providing for the appointment by
27	the Governor of the director of the Division of Emergency
28	Management; repealing s. 20.10, F.S., relating to the
29	Department of State; repealing s. 20.18, F.S., relating to
30	the Department of Community Affairs; providing for the
31	transfer of programs, functions, activities, powers,
32	duties, rules, records, personnel, property, and
33	unexpended balances among certain state agencies;
34	providing that the Secretary of State shall continue in
35	office as the secretary of the Department of State and
36	Community Affairs without further appointment or
37	confirmation; providing transitional provisions; amending
38	ss. 11.011, 11.021, 11.03, 11.07, 15.01, 15.02, 15.03,
39	15.07, and 15.155, F.S., to conform; amending s. 257.36,
40	F.S.; deleting responsibilities regarding the records and
41	information management program; creating s. 257.361, F.S.;
42	providing responsibilities for records storage to the
43	Department of Management Services; directing the Division
44	of Statutory Revision to prepare a reviser's bill for the
45	2004 Regular Session of the Legislature; providing an
46	effective date.
47
48	Be It Enacted by the Legislature of the State of Florida:
49
50	Section 1. Section 20.101, Florida Statutes, is created to
51	read:
52	20.101 Department of State and Community Affairs.--There
53	is created a Department of State and Community Affairs.
54	(1) The mission of the Department of State and Community
55	Affairs is to work in partnership with federal, state, and local
56	governmental agencies, communities, public and private entities,
57	and individuals in protecting and promoting the state's rich and
58	diverse heritage, in protecting and promoting the state's
59	natural resources, in protecting and promoting the rights of
60	citizens, communities, and businesses, and in encouraging
61	economic diversity and opportunities for sound growth. To
62	accomplish this multifaceted mission, the department shall, at a
63	minimum, do the following:
64	(a) Improve the quality of life in the state and its
65	communities through supporting and promoting programs with
66	historic, cultural, or artistic significance.
67	(b) Encourage identification, evaluation, protection,
68	preservation, collection, conservation, and interpretation of
69	and public access to information about Florida's historic sites,
70	properties, and objects related to Florida history and to
71	archaeological and folk cultural heritage.
72	(c) Assist in developing library services in local
73	communities statewide, stimulate statewide cooperation among
74	libraries of all types, and ensure access to materials and
75	information of past, present, and future value to enable state
76	government, local libraries, and agencies to provide effective
77	information services for the benefit of the people of Florida.
78	(d) Promote the economical and efficient management of
79	public records.
80	(e) Assist local communities to provide fair, credible,
81	and accessible elections.
82	(f) Promote a positive business climate in Florida by
83	maintaining an efficient and effective business registration
84	activity, including the filing of business entities, trade and
85	service marks, judgment liens, and fictitious names.
86	(g) Protect residents, visitors, and property by planning
87	for and mitigating against hazards, and by maintaining effective
88	and rapid response and recovery capabilities at the state and
89	local levels.
90	(h) Provide assistance and grant funding to local
91	governments in identifying programs and services available to
92	residents and local governments for individual and neighborhood
93	improvements.
94	(i) Promote economic development through providing
95	assistance to communities to achieve a consistent, effective
96	management of growth to protect their natural resources and to
97	improve their quality of life.
98	(j) Provide consistent direction and support regarding
99	local and state roles in protecting critical state resources and
100	addressing significant state issues.
101	(k) Accomplish effective comprehensive planning and growth
102	management to protect significant state assets including
103	environmental resources and open space and promote diverse land
104	uses that ensure efficient utilization of public and private
105	investments in infrastructure and long term livability of
106	communities through regulation, oversight, and targeted
107	technical assistance.
108	(l) Maintain and uphold citizen participation in all
109	programs of the Department of State and Community Affairs.
110	(2) The head of the Department of State and Community
111	Affairs is the Secretary of State. The secretary shall be
112	appointed by the Governor subject to confirmation by the Senate.
113	The secretary shall serve at the pleasure of the Governor.
114	(3) The following divisions of the Department of State and
115	Community Affairs are established:
116	(a) Division of Community Assistance.
117	(b) Division of Community Planning and Growth Management.
118	(c) Division of Corporations.
119	(d) Division of Elections.
120	(e) Division of Historical and Cultural Resources.
121	(f) Division of Library and Information Services.
122	(4) The Florida Housing Finance Corporation and the
123	Division of Emergency Management shall be housed in the
124	Department of State and Community Affairs for administrative
125	purposes.
126	(5) The secretary shall appoint a director for each
127	division established within this section. Each division director
128	shall directly administer the division and shall be responsible
129	to the secretary. The secretary may appoint deputy and assistant
130	secretaries as necessary to aid the secretary in fulfilling the
131	secretary's statutory obligations.
132	(6) Bureaus, sections, and subsections of the department
133	may be established within the Divisions of Community Assistance
134	and Historical and Cultural Resources as deemed necessary by the
135	secretary to promote efficient and effective operation of the
136	department, pursuant to s. 20.04, and necessary to carry out the
137	requirements of state and federal law. Notwithstanding s. 20.04,
138	until July 1, 2004, the secretary may not change the structure
139	of bureaus, sections, and subsections within the other divisions
140	of the department from that existing prior to the formation of
141	the Department of State and Community Affairs. However, this
142	section shall not affect the secretary’s authority as provided
143	in section 5 of this act.
144	(7) Unless otherwise provided by law, the Secretary of
145	State shall appoint the directors or executive directors of any
146	commission or council assigned to the department, who shall
147	serve at his or her pleasure as provided for division directors
148	in s. 110.205. The appointments or terminations by the secretary
149	shall be done with the advice and consent of the commission or
150	council. Each director or executive director may employ, subject
151	to departmental rules and procedures, such personnel as may be
152	authorized and necessary.
153	(8) The director of Emergency Management shall be
154	appointed by, and serve at the pleasure of the Governor.
155	Section 2. Sections 20.10 and 20.18, Florida Statutes, are
156	repealed.
157	Section 3. Transfers.--
158	(1) All powers, duties, functions, rules, records,
159	personnel, property, and unexpended balances of appropriations,
160	allocations, and other funds of the Department of Community
161	Affairs are transferred intact by a type two transfer, as
162	defined in s. 20.06(2), Florida Statutes, from the Department of
163	Community Affairs to the Department of State and Community
164	Affairs, except as otherwise provided in this section.
165	(2) All powers, duties, functions, rules, records,
166	personnel, property, and unexpended balances of appropriations,
167	allocations, and other funds of the Department of State are
168	transferred intact by a type two transfer, as defined in s.
169	20.06(2), Florida Statutes, from the Department of State to the
170	Department of State and Community Affairs, except as otherwise
171	provided in this section.
172	(3) The following programs, functions, and activities,
173	including all statutory powers, duties, functions, rules,
174	records, personnel, property, and unexpended balances of
175	appropriations, allocations, and other funds associated with the
176	identified program, function, or activity are hereby transferred
177	intact by a type two transfer, as defined in s. 20.06(2),
178	Florida Statutes:
179	(a) From the Department of Community Affairs to the
180	Department of Environmental Protection, the state energy program
181	as authorized and governed by ss. 377.701 and 377.703, Florida
182	Statutes.
183	(b) From the Department of State to the Executive Office
184	of the Governor:
185	1. The advocating international business partnerships
186	service as authorized in ss. 288.809 and 288.816, Florida
187	Statutes.
188	2. Issuance of apostilles as authorized by s. 15.16(8),
189	Florida Statutes.
190	3. The notaries functions as authorized in chapters 117
191	and 118, Florida Statutes.
192
193	However, these transfers shall not include any transfer of the
194	statutory roles and responsibilities of the Secretary of State
195	as Florida's Chief Cultural Officer.
196	(c) From the Department of Environmental Protection to the
197	Department of State and Community Affairs:
198	1. The Florida Recreation Development Assistance Program
199	(FRDAP) as authorized by s. 375.075, Florida Statutes, and
200	associated revenues described in s. 259.105(3)(d), Florida
201	Statutes.
202	2. The federal recreational trails program.
203	(d) From the Department of Community Affairs to the
204	Florida Housing Finance Corporation:
205	1. The Affordable Housing Catalyst Program as authorized
206	and governed by s. 420.606, Florida Statutes.
207	2. The Affordable Housing Study Commission as authorized
208	and governed by s. 420.609, Florida Statutes.
209	(e) From the Executive Office of the Governor to the
210	Department of State and Community Affairs:
211	1. The Regional Rural Development Grants Program as
212	authorized and governed by ss. 14.2015(2)(f) and 288.018,
213	Florida Statutes.
214	2. The Rural Community Development Revolving Loan Fund
215	Program as authorized and governed by ss. 14.2015(2)(f) and
216	288.065, Florida Statutes.
217	3. The Office of Urban Opportunity as authorized and
218	governed by s. 14.2015(9), Florida Statutes.
219	(f) From the Department of Community Affairs to the
220	Department of Legal Affairs, the civil legal assistance program
221	as authorized and governed by ss. 68.094-68.105, Florida
222	Statutes.
223	(g) From the Department of State to the Department of
224	Management Services:
225	1. The records storage program as authorized and governed
226	by s. 257.362, Florida Statutes.
227	2. The management of copyrights, patents, and trademarks
228	held in the name of or on behalf of the State of Florida as
229	authorized and governed by ss. 286.021 and 286.031, Florida
230	Statutes.
231	Section 4. The Secretary of State shall continue in office
232	as the secretary of the Department of State and Community
233	Affairs without further appointment by the Governor or
234	reconfirmation by the Senate and shall be known as the Secretary
235	of State.
236	Section 5. Transitional provision.--For the 2003-2004
237	fiscal year, for positions and moneys appropriated for the
238	respective Offices of the Secretary for the Department of
239	Community Affairs and the Department of State in the General
240	Appropriations Act, the Secretary of State has the authority to
241	implement any reductions or changes in staffing or funding
242	necessary for the optimum structure to achieve the greatest
243	possible coordination and to facilitate the efficient operation
244	of the department.
245	Section 6. Report.--The Department of State and Community
246	Affairs, the Department of Environmental Protection, the
247	Executive Office of the Governor, the Department of Legal
248	Affairs, and the Department of Management Services shall
249	evaluate the programs, functions, and activities transferred to
250	their respective agencies by this act. The agencies shall
251	provide a joint report to the Governor, the Speaker of the House
252	of Representatives, and the President of the Senate by October
253	15, 2003, containing an organizational overview of the
254	Department of State and Community Affairs and recommending
255	statutory changes to best effectuate and incorporate the
256	programs, functions, and activities within each agency,
257	including recommendations for achieving efficiencies in
258	management and operation, improving service delivery to the
259	public, and ensuring compliance with federal and state laws. The
260	Department of State and Community Affairs shall hold meetings
261	with and otherwise gather input from constituent groups,
262	including, but not limited to, arts, historic, cultural,
263	libraries, cities, counties, growth management, economic
264	development, and environmental interest groups. Any input
265	received shall be considered by the agencies and made a part of
266	the final report.
267	Section 7. Given the importance of the mission of the
268	Department of State and Community Affairs, it is the intent of
269	the Legislature that departmental programs, functions, and
270	activities continue without change during the department’s
271	transitional period. It is also the intent of the Legislature
272	that proposed changes to programs, functions, and activities be
273	reviewed and approved by the Legislature. To this end, no
274	changes in Department of State and Community Affairs programs
275	shall be made prior to July 1, 2004. All department programs
276	shall be implemented in accord with current law, and no
277	substantive changes in department rules shall be made except as
278	is required for compliance with new federal or state laws.
279	Section 8. Section 11.011, Florida Statutes, is amended to
280	read:
281	11.011 Special session; convened by Legislature.--
282	(1) The President of the Senate and the Speaker of the
283	House of Representatives, by joint proclamation duly filed with
284	the Department of State and Community Affairs, may convene the
285	Legislature in special session pursuant to the authority of s.
286	3, Art. III of the State Constitution.
287	(2) The Legislature may also be convened in special
288	session in the following manner: When 20 percent of the members
289	of the Legislature shall execute in writing and file with the
290	Department of State and Community Affairstheir certificates
291	that conditions warrant the convening of the Legislature into
292	special session, the Department of State and Community Affairs
293	shall, within 7 days after receiving the requisite number of
294	such certificates, poll the members of the Legislature, and upon
295	the affirmative vote of three-fifths of the members of both
296	houses, shall forthwith fix the day and hour for the convening
297	of such special session. Notice thereof shall be given each
298	member by registered mail within 7 days after receiving the
299	requisite number of said certificates. The time for convening of
300	said session shall not be less than 14 days nor more than 21
301	days from the date of mailing said notices. In pursuance of said
302	certificates, affirmative vote of the membership, and notice,
303	the Legislature shall convene in special session. Should the
304	Department of State and Community Affairsfail to receive the
305	requisite number of said certificates requesting the convening
306	of a special session of the Legislature within a period of 60
307	days after receipt of the first of said certificates, all
308	certificates previously filed shall be rendered null and void
309	and no special session shall be called, and said certificates
310	shall not be used at any future time for the convening of the
311	Legislature.
312	(3) During any special session convened pursuant to this
313	section, only such legislative business may be transacted as is
314	within the purview of the purpose or purposes stated in the
315	proclamation, the certificates filed with the Secretary of
316	State, or in a communication from the Governor or as is
317	introduced by consent of two-thirds of the membership of each
318	house.
319	Section 9. Section 11.021, Florida Statutes, is amended to
320	read:
321	11.021 Evidence of publication of notice.--The evidence
322	that such notice has been published shall be established in the
323	Legislature before such bill shall be passed, and such evidence
324	shall be filed or preserved with the bill in the Department of
325	State and Community Affairsin such manner as the Legislature
326	shall provide.
327	Section 10. Subsection (2) of section 11.03, Florida
328	Statutes, is amended to read:
329	11.03 Proof of publication of notice.--
330	(2) Such affidavit of proof of publication shall be
331	attached to the contemplated law when it is introduced into the
332	Legislature. A true copy of the notice published or posted shall
333	also be attached to the bill when introduced, but it shall not
334	be necessary to enter said published or posted notice, or proof
335	thereof, in the journals. The fact that such notice was
336	established in the Legislature shall in every case be recited
337	upon the journals of the Senate and of the House of
338	Representatives, and the notice published and affidavit of
339	publication thereof shall accompany the bill throughout the
340	Legislature and be preserved as a part thereof in the Department
341	of State and Community Affairs.
342	Section 11. Subsections (1) and (3) of section 11.07,
343	Florida Statutes, are amended to read:
344	11.07 Method of enrolling bills, etc.--
345	(1) All bills and joint resolutions passed by the Senate
346	and House of Representatives shall be duly enrolled, on paper,
347	by the Secretary of the Senate or the Clerk of the House of
348	Representatives, accordingly as the bills or joint resolutions
349	may have originated in the Senate or House of Representatives,
350	before they shall be presented to the Governor or filed in the
351	Department of State and Community Affairs.
352	(3) The size, style and quality of the paper to be used
353	shall be prescribed by the Department of State and Community
354	Affairsand furnished by it, in sufficient quantities, to the
355	Secretary of the Senate and the Clerk of the House of
356	Representatives. The cost of said enrolling paper shall be paid
357	for by the Legislature from the appropriation for legislative
358	expense.
359	Section 12. Section 15.01, Florida Statutes, is amended to
360	read:
361	15.01 Duties.--The Department of State and Community
362	Affairsshall have the custody of the constitution and Great
363	Seal of this state, and of the original statutes thereof, and of
364	the resolutions of the Legislature, and of all the official
365	correspondence of the Governor. The department shall keep in its
366	office a register and an index of all official letters, orders,
367	communications, messages, documents, and other official acts
368	issued or received by the Governor or the Secretary of State,
369	and record these in a book numbered in chronological order. The
370	Governor, before issuing any order or transmission of any
371	official letter, communication, or document from the executive
372	office or promulgation of any official act or proceeding, except
373	military orders, shall deliver the same or a copy thereof to the
374	Department of State and Community Affairsto be recorded.
375	Section 13. Section 15.02, Florida Statutes, is amended to
376	read:
377	15.02 Custodian of state flag; state papers; state laws
378	and legislative documents.--The Department of State and
379	Community Affairsshall have custody of the state flag; of all
380	books, papers, files, and documents belonging to the office of
381	Secretary of State; and of the laws of the state and books,
382	papers, journals, and documents of the Legislature.
383	Section 14. Subsections (2) and (3) of section 15.03,
384	Florida Statutes, are amended to read:
385	15.03 State seal.--
386	(2)(a) The Department of State and Community Affairsshall
387	be the custodian of the great seal of the state.
388	(b) The great seal of this state shall also be the seal of
389	the Department of State and Community Affairs, and the
390	department may certify under said seal, copies of any statute,
391	law, resolution, record, paper, letter or document, by law
392	placed in its custody, keeping and care, and such certified copy
393	shall have the same force and effect in evidence, as the
394	original would have.
395	(3) Only the Department of State and Community Affairs
396	shall be authorized to affix the seal to any document for the
397	purpose of attesting, certifying, or otherwise formalizing such
398	document. Any facsimile or reproduction of the great seal shall
399	be manufactured, used, displayed, or otherwise employed by
400	anyone only upon the approval of the Department of State and
401	Community Affairs. The Department of State and Community Affairs
402	may grant a certificate of approval upon application to it by
403	any person showing good cause for the use of the seal for a
404	proper purpose. The Department of State and Community Affairs
405	may adopt reasonable rules for the manufacture or use of the
406	great seal or any facsimile or reproduction thereof. Any person
407	violating the provisions of this subsection is guilty of a
408	misdemeanor of the second degree, punishable as provided in s.
409	775.082 or s. 775.083.
410	Section 15. Section 15.07, Florida Statutes, is amended to
411	read:
412	15.07 Acts and papers of the Legislature to be deposited
413	with the Department of State and Community Affairs.--All
414	original acts and resolutions passed by the Legislature, and all
415	other original papers acted upon thereby, together with the
416	Journal of the Senate, and the Journal of the House of
417	Representatives, shall, immediately upon the adjournment
418	thereof, be deposited with, and preserved in, the Department of
419	State and Community Affairs, by which they shall be properly
420	arranged, classified, and filed, provided that the journal of
421	the executive session of the Senate shall be kept free from
422	inspection or disclosure except upon the order of the Senate
423	itself or some court of competent jurisdiction.
424	Section 16. Section 15.155, Florida Statutes, is amended
425	to read:
426	15.155 Legislative documents; Department of State and
427	Community Affairsto classify, number, and furnish copies of
428	general laws, special acts, resolutions, and memorials.--
429	(1) Immediately after any act of the Legislature or any
430	resolution or memorial is filed in the office of the Department
431	of State and Community Affairs, the department shall:
432	(a) Select, segregate, and classify all acts of the
433	Legislature, including memorials and resolutions, by dividing
434	them into the following two classifications: Volume I, General
435	Acts, and Volume II, Special Acts;
436	(b) Include in such General Acts all acts passed as
437	general laws and all memorials and resolutions, including
438	proposed constitutional amendments, and include in such Special
439	Acts only those acts passed as special laws and becoming law as
440	such;
441	(c) Assign a chapter number to each such act; and
442	(d) Furnish true and accurate copies of such laws,
443	resolutions, and memorials passed by the Legislature to the
444	Office of Legislative Services for publication.
445	(2) The Department of State and Community Affairsshall
446	distribute pamphlet copies of the general laws upon requisition
447	to any official of the legislative, judicial, or executive
448	branches of state or county government in this state. Surplus
449	copies may be distributed to practicing attorneys in the state
450	upon their written request and payment of a nominal fee
451	sufficient to pay for mailing.
452	Section 17. Section 257.36, Florida Statutes, is amended
453	to read:
454	257.36 Records and information management.--
455	(1) There is created within the Division of Library and
456	Information Services of the Department of State and Community
457	Affairsa records and information management program. It is the
458	duty and responsibility of the division to:
459	(a) Establish and administer a records management program
460	directed to the application of efficient and economical
461	management methods relating to the creation, utilization,
462	maintenance, retention, preservation, and disposal of records.
463	(b) Establish and operate a records center or centers
464	primarily for the storage, processing, servicing, and security
465	of public records that must be retained for varying periods of
466	time but need not be retained in an agency's office equipment or
467	space.
468	(b)(c)Analyze, develop, establish, and coordinate
469	standards, procedures, and techniques of recordmaking and
470	recordkeeping.
471	(c)(d)Ensure the maintenance and security of records
472	which are deemed appropriate for preservation.
473	(d)(e)Establish safeguards against unauthorized or
474	unlawful removal or loss of records.
475	(e)(f)Initiate appropriate action to recover records
476	removed unlawfully or without authorization.
477	(f)(g)Institute and maintain a training and information
478	program in:
479	1. All phases of records and information management to
480	bring approved and current practices, methods, procedures, and
481	devices for the efficient and economical management of records
482	to the attention of all agencies.
483	2. The requirements relating to access to public records
484	under chapter 119.
485	(h) Provide a centralized program of microfilming for the
486	benefit of all agencies.
487	(g)(i)Make continuous surveys of recordkeeping
488	operations.
489	(h)(j)Recommend improvements in current records
490	management practices, including the use of space, equipment,
491	supplies, and personnel in creating, maintaining, and servicing
492	records.
493	(i)(k)Establish and maintain a program in cooperation
494	with each agency for the selection and preservation of records
495	considered essential to the operation of government and to the
496	protection of the rights and privileges of citizens.
497	(j)(l)Make, or have made, preservation duplicates, or
498	designate existing copies as preservation duplicates, to be
499	preserved in the place and manner of safekeeping as prescribed
500	by the division.
501	(2)(a) All records transferred to the division may be held
502	by it in a records center or centers, to be designated by it,
503	for such time as in its judgment retention therein is deemed
504	necessary.At such time as it is established by the division,
505	such records stored in a records center or centers established
506	pursuant to s. 257.362 as are determined by it as having
507	historical or other value warranting continued preservation
508	shall be transferred to the Florida State Archives.
509	(b) Title to any record detained in any records center
510	shall remain in the agency transferring such record to the
511	division.
512	(c) When a record held in a records center is eligible for
513	destruction, the division shall notify, in writing, by certified
514	mail, the agency which transferred the record. The agency shall
515	have 90 days from receipt of that notice to respond requesting
516	continued retention or authorizing destruction or disposal of
517	the record. If the agency does not respond within that time,
518	title to the record shall pass to the division.
519	(3) The division may charge fees for records management
520	services, including, but not limited to, technical assistance
521	and trainingsupplies and services, including, but not limited
522	to, shipping containers, pickup, delivery, reference, and
523	storage. Fees shall be based upon the actual cost of the
524	supplies andservices and shall be deposited in the Records
525	Management Trust Fund.
526	(4) Any preservation duplicate of any record made pursuant
527	to this chapter shall have the same force and effect for all
528	purposes as the original record. A transcript, exemplification,
529	or certified copy of such preservation duplicate shall be
530	deemed, for all purposes, to be a transcript, exemplification,
531	or certified copy of the original record.
532	(4)(5)For the purposes of this section, the term "agency"
533	shall mean any state, county, district, or municipal officer,
534	department, division, bureau, board, commission, or other
535	separate unit of government created or established by law. It is
536	the duty of each agency to:
537	(a) Cooperate with the division in complying with the
538	provisions of this chapter and designate a records management
539	liaison officer.
540	(b) Establish and maintain an active and continuing
541	program for the economical and efficient management of records.
542	(5)(6)A public record may be destroyed or otherwise
543	disposed of only in accordance with retention schedules
544	established by the division. The division shall adopt reasonable
545	rules not inconsistent with this chapter which shall be binding
546	on all agencies relating to the destruction and disposition of
547	records. Such rules shall provide, but not be limited to:
548	(a) Procedures for complying and submitting to the
549	division records-retention schedules.
550	(b) Procedures for the physical destruction or other
551	disposal of records.
552	(c) Standards for the reproduction of records for security
553	or with a view to the disposal of the original record.
554	Section 18. Section 257.362, Florida Statutes, is created
555	to read:
556	257.362 Records storage.--
557	(1) As used in this section, the term:
558	(a) “Agency” means any state, county, district, or
559	municipal officer, department, division, bureau, board,
560	commission, or other separate unit of government created or
561	established by law.
562	(b) “Department” means the Department of Management
563	Services.
564	(2) The Department of Management Services shall establish
565	and operate a records center or centers primarily for the
566	storage, processing, servicing, and security of public records
567	that must be retained for varying periods of time but need not
568	be retained in an agency’s office equipment or space. It is the
569	duty and responsibility of the department to:
570	(a) Ensure the maintenance and security of records stored
571	at such record center or centers.
572	(b) Provide safeguards against unauthorized or unlawful
573	removal or loss of records.
574	(c) Provide a centralized program of microfilming for the
575	benefit of all agencies.
576	(2)(a) All records transferred to the department may be
577	held by it in a records center or centers, to be designated by
578	it, for such time according to records retention schedules
579	established under s. 257.36. At such time as it is established
580	by the Division of Library and Information Services of the
581	Department of State and Community Affairs, such records as are
582	determined by it as having historical or other value warranting
583	continued preservation shall be transferred to the Florida State
584	Archives.
585	(b) Title to any record detained in any records center
586	shall remain in the agency transferring such record to the
587	department.
588	(c) When a record held in a records center is eligible for
589	destruction, the department shall notify, in writing, by
590	certified mail, the agency which transferred the record. The
591	agency shall have 90 days from receipt of that notice to respond
592	requesting continued retention or authorizing destruction or
593	disposal of the record. If the agency does not respond within
594	that time, title to the record shall pass to the department.
595	(d) It is the duty of each agency to cooperate with the
596	department in complying with the provisions of this section. The
597	records management liaison officer designated pursuant to s.
598	257.36 shall also serve as the liaison officer for the
599	department in its responsibilities under this section.
600	(3) The department may charge fees for supplies and
601	services, including, but not limited to, shipping containers,
602	pickup, delivery, reference, and storage. Fees shall be based
603	upon the actual cost of the supplies and services and shall be
604	deposited in the Records Management Trust Fund.
605	(4) Rules governing records maintenance, retention,
606	preservation, and disposal established pursuant to s. 257.36
607	shall govern this section.
608	Section 19. The Division of Statutory Revision is directed
609	to prepare a reviser’s bill for introduction at the 2004 Regular
610	Session of the Legislature to conform the Florida Statutes to
611	the organizational changes made by this act.
612	Section 20. This act shall take effect July 1, 2003.