Bill Text: HB 1687, Engrossed 1

HB 1687, Engrossed 1

2003

A bill to be entitled

An act relating to governmental reorganization; creating

s. 20.101, F.S.; creating the Department of State and

Community Affairs; providing the mission of the

department; providing that the department shall be headed

by a secretary appointed by and serving at the pleasure of

the Governor; establishing divisions within the

department; providing that the Florida Housing Finance

Corporation and the Division of Emergency Management shall

be placed in the department for administrative purposes;

requiring appointment of division directors; providing for

the appointment of deputy and assistant secretaries;

providing for the establishment of bureaus, sections, and

subsections deemed necessary by the secretary for certain

purposes, under certain conditions; providing for the

appointment of directors or executive directors of any

commission or council; providing for the appointment by

the Governor of the director of the Division of Emergency

Management; repealing s. 20.10, F.S., relating to the

Department of State; repealing s. 20.18, F.S., relating to

the Department of Community Affairs; providing for the

transfer of programs, functions, activities, powers,

duties, rules, records, personnel, property, and

unexpended balances among certain state agencies;

providing that the Secretary of State shall continue in

office as the secretary of the Department of State and

Community Affairs without further appointment or

confirmation; providing transitional provisions; amending

ss. 11.011, 11.021, 11.03, 11.07, 15.01, 15.02, 15.03,

15.07, and 15.155, F.S., to conform; amending s. 257.36,

F.S.; deleting responsibilities regarding the records and

information management program; providing that certain

fees shall not be deposited in the Records Management

Trust Fund; creating s. 257.361, F.S.; providing

responsibilities for records storage to the Department of

Management Services; directing the Division of Statutory

Revision to prepare a reviser's bill for the 2004 Regular

Session of the Legislature; amending s. 163.3167, F.S.;

providing that if a local government grants a quasi-

judicial development order pursuant to its adopted land

development regulations and the order is not the subject

of a pending appeal, the right to commence and complete

development pursuant to the order may not be abrogated by

a subsequent judicial determination that such land

development regulations, or any portion thereof, are

invalid because of a deficiency in the approval standards;

retaining certain legal rights; providing for retroactive

application; providing an effective date.

Be It Enacted by the Legislature of the State of Florida:

Section 1. Section 20.101, Florida Statutes, is created to

read:

20.101 Department of State and Community Affairs.--There

is created a Department of State and Community Affairs.

(1) The mission of the Department of State and Community

Affairs is to work in partnership with federal, state, and local

governmental agencies, communities, public and private entities,

and individuals in protecting and promoting the state's rich and

diverse heritage, in protecting and promoting the state's

natural resources, in protecting and promoting the rights of

citizens, communities, and businesses, and in encouraging

economic diversity and opportunities for sound growth. To

accomplish this multifaceted mission, the department shall, at a

minimum, do the following:

(a) Improve the quality of life in the state and its

communities through supporting and promoting programs with

historic, cultural, or artistic significance.

(b) Encourage identification, evaluation, protection,

preservation, collection, conservation, and interpretation of

and public access to information about Florida's historic sites,

properties, and objects related to Florida history and to

archaeological and folk cultural heritage.

communities statewide, stimulate statewide cooperation among

libraries of all types, and ensure access to materials and

information of past, present, and future value to enable state

government, local libraries, and agencies to provide effective

information services for the benefit of the people of Florida.

(d) Promote the economical and efficient management of

public records.

(e) Assist local communities to provide fair, credible,

and accessible elections.

(f) Promote a positive business climate in Florida by

maintaining an efficient and effective business registration

activity, including the filing of business entities, trade and

service marks, judgment liens, and fictitious names.

(g) Protect residents, visitors, and property by planning

for and mitigating against hazards, and by maintaining effective

and rapid response and recovery capabilities at the state and

local levels.

(h) Provide assistance and grant funding to local

governments in identifying programs and services available to

residents and local governments for individual and neighborhood

improvements.

(i) Promote economic development through providing

assistance to communities to achieve a consistent, effective

management of growth to protect their natural resources and to

improve their quality of life.

100

(j) Provide consistent direction and support regarding

101

local and state roles in protecting critical state resources and

102

addressing significant state issues.

103

(k) Accomplish effective comprehensive planning and growth

104

management to protect significant state assets including

105

environmental resources and open space and promote diverse land

106

uses that ensure efficient utilization of public and private

107

investments in infrastructure and long term livability of

108

communities through regulation, oversight, and targeted

109

technical assistance.

110

(l) Maintain and uphold citizen participation in all

111

programs of the Department of State and Community Affairs.

112

(2) The head of the Department of State and Community

113

Affairs is the Secretary of State. The secretary shall be

114

appointed by the Governor subject to confirmation by the Senate.

115

The secretary shall serve at the pleasure of the Governor.

116

(3) The following divisions of the Department of State and

117

Community Affairs are established:

118

(a) Division of Community Assistance.

119

(b) Division of Community Planning and Growth Management.

120

121

(d) Division of Elections.

122

(e) Division of Historical and Cultural Resources.

123

(f) Division of Library and Information Services.

124

(4) The Florida Housing Finance Corporation and the

125

Division of Emergency Management shall be housed in the

126

Department of State and Community Affairs for administrative

127

purposes.

128

(5) The secretary shall appoint a director for each

129

division established within this section. Each division director

130

shall directly administer the division and shall be responsible

131

to the secretary. The secretary may appoint deputy and assistant

132

secretaries as necessary to aid the secretary in fulfilling the

133

secretary's statutory obligations.

134

(6) Bureaus, sections, and subsections of the department

135

may be established within the Divisions of Community Assistance

136

and Historical and Cultural Resources as deemed necessary by the

137

secretary to promote efficient and effective operation of the

138

department, pursuant to s. 20.04, and necessary to carry out the

139

requirements of state and federal law. Notwithstanding s. 20.04,

140

until July 1, 2004, the secretary may not change the structure

141

of bureaus, sections, and subsections within the other divisions

142

of the department from that existing prior to the formation of

143

the Department of State and Community Affairs. However, this

144

section shall not affect the secretary’s authority as provided

145

in section 5 of this act.

146

(7) Unless otherwise provided by law, the Secretary of

147

State shall appoint the directors or executive directors of any

148

commission or council assigned to the department, who shall

149

serve at his or her pleasure as provided for division directors

150

in s. 110.205. The appointments or terminations by the secretary

151

shall be done with the advice and consent of the commission or

152

council. Each director or executive director may employ, subject

153

to departmental rules and procedures, such personnel as may be

154

authorized and necessary.

155

(8) The director of Emergency Management shall be

156

appointed by, and serve at the pleasure of the Governor.

157

Section 2. Sections 20.10 and 20.18, Florida Statutes, are

158

repealed.

159

Section 3. Transfers.--

160

(1) All powers, duties, functions, rules, records,

161

personnel, property, and unexpended balances of appropriations,

162

allocations, and other funds of the Department of Community

163

Affairs are transferred intact by a type two transfer, as

164

defined in s. 20.06(2), Florida Statutes, from the Department of

165

Community Affairs to the Department of State and Community

166

Affairs, except as otherwise provided in this section.

167

(2) All powers, duties, functions, rules, records,

168

personnel, property, and unexpended balances of appropriations,

169

allocations, and other funds of the Department of State are

170

transferred intact by a type two transfer, as defined in s.

171

20.06(2), Florida Statutes, from the Department of State to the

172

Department of State and Community Affairs, except as otherwise

173

provided in this section.

174

(3) The following programs, functions, and activities,

175

including all statutory powers, duties, functions, rules,

176

records, personnel, property, and unexpended balances of

177

appropriations, allocations, and other funds associated with the

178

identified program, function, or activity are hereby transferred

179

intact by a type two transfer, as defined in s. 20.06(2),

180

Florida Statutes:

181

(a) From the Department of Community Affairs to the

182

Department of Environmental Protection, the state energy program

183

as authorized and governed by ss. 377.701 and 377.703, Florida

184

Statutes.

185

(b) From the Department of State to the Executive Office

186

of the Governor:

187

1. The advocating international business partnerships

188

service as authorized in ss. 288.809 and 288.816, Florida

189

Statutes.

190

2. Issuance of apostilles as authorized by s. 15.16(8),

191

Florida Statutes.

192

3. The notaries functions as authorized in chapters 117

193

and 118, Florida Statutes.

194

195

However, these transfers shall not include any transfer of the

196

statutory roles and responsibilities of the Secretary of State

197

as Florida's Chief Cultural Officer.

198

199

Department of State and Community Affairs:

200

1. The Florida Recreation Development Assistance Program

201

(FRDAP) as authorized by s. 375.075, Florida Statutes, and

202

associated revenues described in s. 259.105(3)(d), Florida

203

Statutes.

204

2. The federal recreational trails program.

205

(d) From the Department of Community Affairs to the

206

Florida Housing Finance Corporation:

207

1. The Affordable Housing Catalyst Program as authorized

208

and governed by s. 420.606, Florida Statutes.

209

2. The Affordable Housing Study Commission as authorized

210

and governed by s. 420.609, Florida Statutes.

211

(e) From the Executive Office of the Governor to the

212

Department of State and Community Affairs:

213

1. The Regional Rural Development Grants Program as

214

authorized and governed by ss. 14.2015(2)(f) and 288.018,

215

Florida Statutes.

216

2. The Rural Community Development Revolving Loan Fund

217

Program as authorized and governed by ss. 14.2015(2)(f) and

218

288.065, Florida Statutes.

219

3. The Office of Urban Opportunity as authorized and

220

governed by s. 14.2015(9), Florida Statutes.

221

(f) From the Department of Community Affairs to the

222

Department of Legal Affairs, the civil legal assistance program

223

as authorized and governed by ss. 68.094-68.105, Florida

224

Statutes.

225

(g) From the Department of State to the Department of

226

Management Services:

227

1. The records storage and microfilming functions as

228

authorized and governed by s. 257.36(1)(b) and (h), as those

229

paragraphs exist on June 30, 2003.

230

2. The management of copyrights, patents, and trademarks

231

held in the name of or on behalf of the State of Florida as

232

authorized and governed by ss. 286.021 and 286.031, Florida

233

Statutes.

234

Section 4. The Secretary of State shall continue in office

235

as the secretary of the Department of State and Community

236

Affairs without further appointment by the Governor or

237

reconfirmation by the Senate and shall be known as the Secretary

238

of State.

239

Section 5. Transitional provision.--For the 2003-2004

240

fiscal year, for positions and moneys appropriated for the

241

respective Offices of the Secretary for the Department of

242

Community Affairs and the Department of State in the General

243

Appropriations Act, the Secretary of State has the authority to

244

implement any reductions or changes in staffing or funding

245

necessary for the optimum structure to achieve the greatest

246

possible coordination and to facilitate the efficient operation

247

of the department.

248

Section 6. Report.--The Department of State and Community

249

Affairs, the Department of Environmental Protection, the

250

Executive Office of the Governor, the Department of Legal

251

Affairs, and the Department of Management Services shall

252

evaluate the programs, functions, and activities transferred to

253

their respective agencies by this act. The agencies shall

254

provide a joint report to the Governor, the Speaker of the House

255

of Representatives, and the President of the Senate by October

256

15, 2003, containing an organizational overview of the

257

Department of State and Community Affairs and recommending

258

statutory changes to best effectuate and incorporate the

259

programs, functions, and activities within each agency,

260

including recommendations for achieving efficiencies in

261

management and operation, improving service delivery to the

262

public, and ensuring compliance with federal and state laws. The

263

Department of State and Community Affairs shall hold meetings

264

with and otherwise gather input from constituent groups,

265

including, but not limited to, arts, historic, cultural,

266

libraries, cities, counties, growth management, economic

267

development, and environmental interest groups. Any input

268

received shall be considered by the agencies and made a part of

269

the final report.

270

Section 7. Given the importance of the mission of the

271

Department of State and Community Affairs, it is the intent of

272

the Legislature that departmental programs, functions, and

273

activities continue without change during the department’s

274

transitional period of the 2003-04 fiscal year. It is also the

275

intent of the Legislature that proposed changes to programs,

276

functions, and activities be reviewed by the 2004 Legislature,

277

and approved by statutory amendment, if necessary. To this end,

278

no changes in the Department of State and Community Affairs

279

programs shall be made prior to July 1, 2004. All department

280

programs shall be implemented in accord with current law, and no

281

changes in department rules shall be made until July 1, 2004,

282

except as is required to reflect changes in or for compliance

283

with new federal or state laws. This limitation on rule adoption

284

shall not apply to rules regarding the Florida Building Code

285

adopted under the authority of chapter 553, those to implement

286

the Community Development Block Grant Program and the Community

287

Services Block Grant Program, technical changes to rules, and

288

those rules for which a notice of proposed rulemaking has been

289

published as of June 30, 2003.

290

Section 8. Section 11.011, Florida Statutes, is amended to

291

read:

292

11.011 Special session; convened by Legislature.--

293

(1) The President of the Senate and the Speaker of the

294

House of Representatives, by joint proclamation duly filed with

295

the Department of State and Community Affairs, may convene the

296

Legislature in special session pursuant to the authority of s.

297

3, Art. III of the State Constitution.

298

(2) The Legislature may also be convened in special

299

session in the following manner: When 20 percent of the members

300

of the Legislature shall execute in writing and file with the

301

Department of State and Community Affairstheir certificates

302

that conditions warrant the convening of the Legislature into

303

special session, the Department of State and Community Affairs

304

shall, within 7 days after receiving the requisite number of

305

such certificates, poll the members of the Legislature, and upon

306

the affirmative vote of three-fifths of the members of both

307

houses, shall forthwith fix the day and hour for the convening

308

of such special session. Notice thereof shall be given each

309

member by registered mail within 7 days after receiving the

310

requisite number of said certificates. The time for convening of

311

said session shall not be less than 14 days nor more than 21

312

days from the date of mailing said notices. In pursuance of said

313

certificates, affirmative vote of the membership, and notice,

314

the Legislature shall convene in special session. Should the

315

Department of State and Community Affairsfail to receive the

316

requisite number of said certificates requesting the convening

317

of a special session of the Legislature within a period of 60

318

days after receipt of the first of said certificates, all

319

certificates previously filed shall be rendered null and void

320

and no special session shall be called, and said certificates

321

shall not be used at any future time for the convening of the

322

Legislature.

323

(3) During any special session convened pursuant to this

324

section, only such legislative business may be transacted as is

325

within the purview of the purpose or purposes stated in the

326

proclamation, the certificates filed with the Secretary of

327

State, or in a communication from the Governor or as is

328

introduced by consent of two-thirds of the membership of each

329

house.

330

Section 9. Section 11.021, Florida Statutes, is amended to

331

read:

332

11.021 Evidence of publication of notice.--The evidence

333

that such notice has been published shall be established in the

334

Legislature before such bill shall be passed, and such evidence

335

shall be filed or preserved with the bill in the Department of

336

State and Community Affairsin such manner as the Legislature

337

shall provide.

338

Section 10. Subsection (2) of section 11.03, Florida

339

Statutes, is amended to read:

340

11.03 Proof of publication of notice.--

341

(2) Such affidavit of proof of publication shall be

342

attached to the contemplated law when it is introduced into the

343

Legislature. A true copy of the notice published or posted shall

344

also be attached to the bill when introduced, but it shall not

345

be necessary to enter said published or posted notice, or proof

346

thereof, in the journals. The fact that such notice was

347

established in the Legislature shall in every case be recited

348

upon the journals of the Senate and of the House of

349

Representatives, and the notice published and affidavit of

350

publication thereof shall accompany the bill throughout the

351

Legislature and be preserved as a part thereof in the Department

352

of State and Community Affairs.

353

Section 11. Subsections (1) and (3) of section 11.07,

354

Florida Statutes, are amended to read:

355

11.07 Method of enrolling bills, etc.--

356

(1) All bills and joint resolutions passed by the Senate

357

and House of Representatives shall be duly enrolled, on paper,

358

by the Secretary of the Senate or the Clerk of the House of

359

Representatives, accordingly as the bills or joint resolutions

360

may have originated in the Senate or House of Representatives,

361

before they shall be presented to the Governor or filed in the

362

Department of State and Community Affairs.

363

(3) The size, style and quality of the paper to be used

364

shall be prescribed by the Department of State and Community

365

Affairsand furnished by it, in sufficient quantities, to the

366

Secretary of the Senate and the Clerk of the House of

367

Representatives. The cost of said enrolling paper shall be paid

368

for by the Legislature from the appropriation for legislative

369

expense.

370

Section 12. Section 15.01, Florida Statutes, is amended to

371

read:

372

15.01 Duties.--The Department of State and Community

373

Affairsshall have the custody of the constitution and Great

374

Seal of this state, and of the original statutes thereof, and of

375

the resolutions of the Legislature, and of all the official

376

correspondence of the Governor. The department shall keep in its

377

office a register and an index of all official letters, orders,

378

communications, messages, documents, and other official acts

379

issued or received by the Governor or the Secretary of State,

380

and record these in a book numbered in chronological order. The

381

Governor, before issuing any order or transmission of any

382

official letter, communication, or document from the executive

383

office or promulgation of any official act or proceeding, except

384

military orders, shall deliver the same or a copy thereof to the

385

Department of State and Community Affairsto be recorded.

386

Section 13. Section 15.02, Florida Statutes, is amended to

387

read:

388

15.02 Custodian of state flag; state papers; state laws

389

and legislative documents.--The Department of State and

390

Community Affairsshall have custody of the state flag; of all

391

books, papers, files, and documents belonging to the office of

392

Secretary of State; and of the laws of the state and books,

393

papers, journals, and documents of the Legislature.

394

Section 14. Subsections (2) and (3) of section 15.03,

395

Florida Statutes, are amended to read:

396

15.03 State seal.--

397

(2)(a) The Department of State and Community Affairsshall

398

be the custodian of the great seal of the state.

399

(b) The great seal of this state shall also be the seal of

400

the Department of State and Community Affairs, and the

401

department may certify under said seal, copies of any statute,

402

law, resolution, record, paper, letter or document, by law

403

placed in its custody, keeping and care, and such certified copy

404

shall have the same force and effect in evidence, as the

405

original would have.

406

(3) Only the Department of State and Community Affairs

407

shall be authorized to affix the seal to any document for the

408

purpose of attesting, certifying, or otherwise formalizing such

409

document. Any facsimile or reproduction of the great seal shall

410

be manufactured, used, displayed, or otherwise employed by

411

anyone only upon the approval of the Department of State and

412

Community Affairs. The Department of State and Community Affairs

413

may grant a certificate of approval upon application to it by

414

any person showing good cause for the use of the seal for a

415

proper purpose. The Department of State and Community Affairs

416

may adopt reasonable rules for the manufacture or use of the

417

great seal or any facsimile or reproduction thereof. Any person

418

violating the provisions of this subsection is guilty of a

419

misdemeanor of the second degree, punishable as provided in s.

420

775.082 or s. 775.083.

421

Section 15. Section 15.07, Florida Statutes, is amended to

422

read:

423

15.07 Acts and papers of the Legislature to be deposited

424

with the Department of State and Community Affairs.--All

425

original acts and resolutions passed by the Legislature, and all

426

other original papers acted upon thereby, together with the

427

Journal of the Senate, and the Journal of the House of

428

Representatives, shall, immediately upon the adjournment

429

thereof, be deposited with, and preserved in, the Department of

430

State and Community Affairs, by which they shall be properly

431

arranged, classified, and filed, provided that the journal of

432

the executive session of the Senate shall be kept free from

433

inspection or disclosure except upon the order of the Senate

434

itself or some court of competent jurisdiction.

435

Section 16. Section 15.155, Florida Statutes, is amended

436

to read:

437

15.155 Legislative documents; Department of State and

438

Community Affairsto classify, number, and furnish copies of

439

general laws, special acts, resolutions, and memorials.--

440

(1) Immediately after any act of the Legislature or any

441

resolution or memorial is filed in the office of the Department

442

of State and Community Affairs, the department shall:

443

(a) Select, segregate, and classify all acts of the

444

Legislature, including memorials and resolutions, by dividing

445

them into the following two classifications: Volume I, General

446

Acts, and Volume II, Special Acts;

447

(b) Include in such General Acts all acts passed as

448

general laws and all memorials and resolutions, including

449

proposed constitutional amendments, and include in such Special

450

Acts only those acts passed as special laws and becoming law as

451

such;

452

453

(d) Furnish true and accurate copies of such laws,

454

resolutions, and memorials passed by the Legislature to the

455

Office of Legislative Services for publication.

456

(2) The Department of State and Community Affairsshall

457

distribute pamphlet copies of the general laws upon requisition

458

to any official of the legislative, judicial, or executive

459

branches of state or county government in this state. Surplus

460

copies may be distributed to practicing attorneys in the state

461

upon their written request and payment of a nominal fee

462

sufficient to pay for mailing.

463

Section 17. Section 257.36, Florida Statutes, is amended

464

to read:

465

257.36 Records and information management.--

466

(1) There is created within the Division of Library and

467

Information Services of the Department of State and Community

468

Affairsa records and information management program. It is the

469

duty and responsibility of the division to:

470

(a) Establish and administer a records management program

471

directed to the application of efficient and economical

472

management methods relating to the creation, utilization,

473

maintenance, retention, preservation, and disposal of records.

474

~~(b) Establish and operate a records center or centers~~

475

~~primarily for the storage, processing, servicing, and security~~

476

~~of public records that must be retained for varying periods of~~

477

~~time but need not be retained in an agency's office equipment or~~

478

~~space.~~

479

(b)~~(c)~~Analyze, develop, establish, and coordinate

480

standards, procedures, and techniques of recordmaking and

481

recordkeeping.

482

(c)~~(d)~~Ensure the maintenance and security of records

483

which are deemed appropriate for preservation.

484

(d)~~(e)~~Establish safeguards against unauthorized or

485

unlawful removal or loss of records.

486

(e)~~(f)~~Initiate appropriate action to recover records

487

removed unlawfully or without authorization.

488

(f)~~(g)~~Institute and maintain a training and information

489

program in:

490

1. All phases of records and information management to

491

bring approved and current practices, methods, procedures, and

492

devices for the efficient and economical management of records

493

to the attention of all agencies.

494

2. The requirements relating to access to public records

495

under chapter 119.

496

~~(h) Provide a centralized program of microfilming for the~~

497

~~benefit of all agencies.~~

498

(g)~~(i)~~Make continuous surveys of recordkeeping

499

operations.

500

(h)~~(j)~~Recommend improvements in current records

501

management practices, including the use of space, equipment,

502

supplies, and personnel in creating, maintaining, and servicing

503

records.

504

(i)~~(k)~~Establish and maintain a program in cooperation

505

with each agency for the selection and preservation of records

506

considered essential to the operation of government and to the

507

protection of the rights and privileges of citizens.

508

(j)~~(l)~~Make, or have made, preservation duplicates, or

509

designate existing copies as preservation duplicates, to be

510

preserved in the place and manner of safekeeping as prescribed

511

by the division.

512

(2)~~(a) All records transferred to the division may be held~~

513

~~by it in a records center or centers, to be designated by it,~~

514

~~for such time as in its judgment retention therein is deemed~~

515

~~necessary.~~At such time as it is established by the division,

516

such records stored in a records center or centers established

517

pursuant to s. 257.362 as are determined by it as having

518

historical or other value warranting continued preservation

519

shall be transferred to the Florida State Archives.

520

~~(b) Title to any record detained in any records center~~

521

~~shall remain in the agency transferring such record to the~~

522

~~division.~~

523

~~(c) When a record held in a records center is eligible for~~

524

~~destruction, the division shall notify, in writing, by certified~~

525

~~mail, the agency which transferred the record. The agency shall~~

526

~~have 90 days from receipt of that notice to respond requesting~~

527

~~continued retention or authorizing destruction or disposal of~~

528

~~the record. If the agency does not respond within that time,~~

529

~~title to the record shall pass to the division.~~

530

(3) The division may charge fees for records management

531

services, including, but not limited to, technical assistance

532

and training~~supplies and services, including, but not limited~~

533

~~to, shipping containers, pickup, delivery, reference, and~~

534

~~storage~~. Fees shall be based upon the actual cost of the

535

~~supplies and~~ services ~~and shall be deposited in the Records~~

536

~~Management Trust Fund~~.

537

~~(4) Any preservation duplicate of any record made pursuant~~

538

~~to this chapter shall have the same force and effect for all~~

539

~~purposes as the original record. A transcript, exemplification,~~

540

~~or certified copy of such preservation duplicate shall be~~

541

~~deemed, for all purposes, to be a transcript, exemplification,~~

542

~~or certified copy of the original record.~~

543

(4)~~(5)~~For the purposes of this section, the term "agency"

544

shall mean any state, county, district, or municipal officer,

545

department, division, bureau, board, commission, or other

546

separate unit of government created or established by law. It is

547

the duty of each agency to:

548

(a) Cooperate with the division in complying with the

549

provisions of this chapter and designate a records management

550

liaison officer.

551

(b) Establish and maintain an active and continuing

552

program for the economical and efficient management of records.

553

(5)~~(6)~~A public record may be destroyed or otherwise

554

disposed of only in accordance with retention schedules

555

established by the division. The division shall adopt reasonable

556

rules not inconsistent with this chapter which shall be binding

557

on all agencies relating to the destruction and disposition of

558

records. Such rules shall provide, but not be limited to:

559

(a) Procedures for complying and submitting to the

560

division records-retention schedules.

561

(b) Procedures for the physical destruction or other

562

disposal of records.

563

564

or with a view to the disposal of the original record.

565

Section 18. Section 257.362, Florida Statutes, is created

566

to read:

567

257.362 Records storage.--

568

(1) As used in this section, the term:

569

(a) “Agency” means any state, county, district, or

570

municipal officer, department, division, bureau, board,

571

commission, or other separate unit of government created or

572

established by law.

573

(b) “Department” means the Department of Management

574

Services.

575

(2) The Department of Management Services shall establish

576

and operate a records center or centers primarily for the

577

storage, processing, servicing, and security of public records

578

that must be retained for varying periods of time but need not

579

be retained in an agency’s office equipment or space. It is the

580

duty and responsibility of the department to:

581

(a) Ensure the maintenance and security of records stored

582

at such record center or centers.

583

(b) Provide safeguards against unauthorized or unlawful

584

removal or loss of records.

585

586

benefit of all agencies.

587

(2)(a) All records transferred to the department may be

588

held by it in a records center or centers, to be designated by

589

it, for such time according to records retention schedules

590

established under s. 257.36. At such time as it is established

591

by the Division of Library and Information Services of the

592

Department of State and Community Affairs, such records as are

593

determined by it as having historical or other value warranting

594

continued preservation shall be transferred to the Florida State

595

Archives.

596

(b) Title to any record detained in any records center

597

shall remain in the agency transferring such record to the

598

department.

599

600

destruction, the department shall notify, in writing, by

601

certified mail, the agency which transferred the record. The

602

agency shall have 90 days from receipt of that notice to respond

603

requesting continued retention or authorizing destruction or

604

disposal of the record. If the agency does not respond within

605

that time, title to the record shall pass to the department.

606

(d) It is the duty of each agency to cooperate with the

607

department in complying with the provisions of this section. The

608

records management liaison officer designated pursuant to s.

609

257.36 shall also serve as the liaison officer for the

610

department in its responsibilities under this section.

611

(3) The department may charge fees for supplies and

612

services, including, but not limited to, shipping containers,

613

pickup, delivery, reference, and storage. Fees shall be based

614

upon the actual cost of the supplies and services and shall be

615

deposited in the Records Management Trust Fund.

616

(4) Rules governing records maintenance, retention,

617

preservation, and disposal established pursuant to s. 257.36

618

shall govern this section.

619

Section 19. The Division of Statutory Revision is directed

620

to prepare a reviser’s bill for introduction at the 2004 Regular

621

Session of the Legislature to conform the Florida Statutes to

622

the organizational changes made by this act.

623

Section 20. Subsection (13) is added to section 163.3167,

624

Florida Statutes, to read:

625

Section 163.3167 Scope of act.--

626

(13)(a) If a local government grants a quasi-judicial

627

development order pursuant to its adopted land development

628

regulations and the order is not the subject of a pending

629

appeal, the right to commence and complete development pursuant

630

to the order may not be abrogated by a subsequent judicial

631

determination that such land development regulations, or any

632

portion thereof, are invalid because of a deficiency in the

633

approval standards.

634

(b) This subsection does not preclude or affect the timely

635

institution of common law writ of certiorari proceedings

636

pursuant to Rule 9.190, Florida Rules of Appellate Procedure, or

637

original proceedings pursuant to s. 163.3215, as applicable.

638

639

granted on or after January 1, 2002.

640

Section 21. This act shall take effect July 1, 2003.