Senate Bill sb1438e1

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    CS for SB 1438                           First Engrossed (ntc)



  1                      A bill to be entitled

  2         An act relating to custodial requirements for

  3         public records; amending s. 119.021, F.S.;

  4         clarifying the custodial requirements for a

  5         record that is confidential and exempt from

  6         disclosure pursuant to law; authorizing the

  7         custodian of such record to require an agency

  8         or other governmental entity that receives the

  9         record to acknowledge in writing the

10         confidential and exempt status of the record;

11         providing an effective date.

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

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15         Section 1.  Section 119.021, Florida Statutes, is

16  amended to read:

17         119.021  Custodial requirements; maintenance,

18  preservation, and retention of public records.--

19         (1)  MAINTENANCE AND PRESERVATION.--Public records

20  shall be maintained and preserved as follows:

21         (a)  All public records should be kept in the buildings

22  in which they are ordinarily used.

23         (b)  Insofar as practicable, a custodian of public

24  records of vital, permanent, or archival records shall keep

25  them in fireproof and waterproof safes, vaults, or rooms

26  fitted with noncombustible materials and in such arrangement

27  as to be easily accessible for convenient use.

28         (c)1.  Record books should be copied or repaired,

29  renovated, or rebound if worn, mutilated, damaged, or

30  difficult to read.

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    CS for SB 1438                           First Engrossed (ntc)



 1         2.  Whenever any state, county, or municipal records

 2  are in need of repair, restoration, or rebinding, the head of

 3  the concerned state agency, department, board, or commission;

 4  the board of county commissioners of such county; or the

 5  governing body of such municipality may authorize that such

 6  records be removed from the building or office in which such

 7  records are ordinarily kept for the length of time required to

 8  repair, restore, or rebind them.

 9         3.  Any public official who causes a record book to be

10  copied shall attest and certify under oath that the copy is an

11  accurate copy of the original book. The copy shall then have

12  the force and effect of the original.

13         (2)  RETENTION SCHEDULES.--

14         (a)  The Division of Library and Information Services

15  of the Department of State shall adopt rules to establish

16  retention schedules and a disposal process for public records.

17         (b)  Each agency shall comply with the rules

18  establishing retention schedules and disposal processes for

19  public records which are adopted by the records and

20  information management program of the division.

21         (c)  Each public official shall systematically dispose

22  of records no longer needed, subject to the consent of the

23  records and information management program of the division in

24  accordance with s. 257.36.

25         (d)  The division may ascertain the condition of public

26  records and shall give advice and assistance to public

27  officials to solve problems related to the preservation,

28  creation, filing, and public accessibility of public records

29  in their custody. Public officials shall assist the division

30  by preparing an inclusive inventory of categories of public

31  records in their custody. The division shall establish a time


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    CS for SB 1438                           First Engrossed (ntc)



 1  period for the retention or disposal of each series of

 2  records. Upon the completion of the inventory and schedule,

 3  the division shall, subject to the availability of necessary

 4  space, staff, and other facilities for such purposes, make

 5  space available in its records center for the filing of

 6  semicurrent records so scheduled and in its archives for

 7  noncurrent records of permanent value, and shall render such

 8  other assistance as needed, including the microfilming of

 9  records so scheduled.

10         (3)  INDEX OF AGENCY ORDERS.--Agency orders that

11  comprise final agency action and that must be indexed or

12  listed pursuant to s. 120.53 have continuing legal

13  significance; therefore, notwithstanding any other provision

14  of this chapter or any provision of chapter 257, each agency

15  shall permanently maintain records of such orders pursuant to

16  the applicable rules of the Department of State.

17         (4)(a)  TRANSFER OF CUSTODY.--Whoever has custody of

18  any public records shall deliver, at the expiration of his or

19  her term of office, to his or her successor or, if there be

20  none, to the records and information management program of the

21  Division of Library and Information Services of the Department

22  of State, all public records kept or received by him or her in

23  the transaction of official business.

24         (5)(b)  UNLAWFUL POSSESSION.--Whoever is entitled to

25  custody of public records shall demand them from any person

26  having illegal possession of them, who must forthwith deliver

27  the same to him or her. Any person unlawfully possessing

28  public records must within 10 days deliver such records to the

29  lawful custodian of public records unless just cause exists

30  for failing to deliver such records.

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    CS for SB 1438                           First Engrossed (ntc)



 1         (6)  CUSTODIAL REQUIREMENTS FOR CONFIDENTIAL AND EXEMPT

 2  RECORDS.--

 3         (a)  A custodian of public records who holds a record

 4  that is confidential and exempt from s. 119.07(1) and s.

 5  24(a), Art. I of the State Constitution may not release such

 6  record except as provided in statute or pursuant to court

 7  order.

 8         (b)  An agency or other governmental entity that is

 9  authorized to receive a confidential and exempt record

10  pursuant to statute shall retain the confidential and exempt

11  status of such record, except as otherwise provided by law.

12         (c)  A custodian of public records may require the

13  agency or other governmental entity that is authorized to

14  receive a confidential and exempt record pursuant to statute

15  to acknowledge in a written release that:

16         1.  Such record is confidential and exempt; and

17         2.  The receiving agency or other governmental entity

18  is required by law to maintain the confidential and exempt

19  status of such record.

20         (d)  This subsection does not limit access to any

21  confidential and exempt record:

22         1.  By an agency acting on behalf of the custodian of

23  that record;

24         2.  By the Legislature; or

25         3.  Pursuant to court order.

26         Section 2.  This act shall take effect July 1, 2006.

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