HB 7243

1	A bill to be entitled
2	An act relating to custodial requirements for public
3	records; amending s. 119.021, F.S.; organizing provisions
4	relating to the maintenance, preservation, and retention
5	of public records and the custodial requirements for
6	confidential and exempt records; providing requirements
7	with respect to the authority of a custodian of a public
8	record to release the record; providing requirements with
9	respect to retention of confidential and exempt records by
10	an agency or other governmental entity; authorizing a
11	custodian of confidential and exempt records to require an
12	agency or other governmental entity authorized to receive
13	such record to acknowledge in writing the confidential and
14	exempt status of such record; specifying that the act does
15	not limit access to any record by an agency or entity
16	acting on behalf of a custodian of public records, the
17	Legislature, or pursuant to court order; providing an
18	effective date.
19
20	Be It Enacted by the Legislature of the State of Florida:
21
22	Section 1.  Section 119.021, Florida Statutes, is amended
23	to read:
24	119.021  Custodial requirements; maintenance, preservation,
25	and retention of public records.--
26	(1)  MAINTENANCE AND PRESERVATION.--Public records shall be
27	maintained and preserved as follows:
28	(a)  All public records should be kept in the buildings in
29	which they are ordinarily used.
30	(b)  Insofar as practicable, a custodian of public records
31	of vital, permanent, or archival records shall keep them in
32	fireproof and waterproof safes, vaults, or rooms fitted with
33	noncombustible materials and in such arrangement as to be easily
34	accessible for convenient use.
35	(c)1.  Record books should be copied or repaired,
36	renovated, or rebound if worn, mutilated, damaged, or difficult
37	to read.
38	2.  Whenever any state, county, or municipal records are in
39	need of repair, restoration, or rebinding, the head of the
40	concerned state agency, department, board, or commission; the
41	board of county commissioners of such county; or the governing
42	body of such municipality may authorize that such records be
43	removed from the building or office in which such records are
44	ordinarily kept for the length of time required to repair,
45	restore, or rebind them.
46	3.  Any public official who causes a record book to be
47	copied shall attest and certify under oath that the copy is an
48	accurate copy of the original book. The copy shall then have the
49	force and effect of the original.
50	(2)  RETENTION SCHEDULES.--
51	(a)  The Division of Library and Information Services of
52	the Department of State shall adopt rules to establish retention
53	schedules and a disposal process for public records.
54	(b)  Each agency shall comply with the rules establishing
55	retention schedules and disposal processes for public records
56	which are adopted by the records and information management
57	program of the division.
58	(c)  Each public official shall systematically dispose of
59	records no longer needed, subject to the consent of the records
60	and information management program of the division in accordance
61	with s. 257.36.
62	(d)  The division may ascertain the condition of public
63	records and shall give advice and assistance to public officials
64	to solve problems related to the preservation, creation, filing,
65	and public accessibility of public records in their custody.
66	Public officials shall assist the division by preparing an
67	inclusive inventory of categories of public records in their
68	custody. The division shall establish a time period for the
69	retention or disposal of each series of records. Upon the
70	completion of the inventory and schedule, the division shall,
71	subject to the availability of necessary space, staff, and other
72	facilities for such purposes, make space available in its
73	records center for the filing of semicurrent records so
74	scheduled and in its archives for noncurrent records of
75	permanent value, and shall render such other assistance as
76	needed, including the microfilming of records so scheduled.
77	(3)  INDEX OF AGENCY ORDERS.--Agency orders that comprise
78	final agency action and that must be indexed or listed pursuant
79	to s. 120.53 have continuing legal significance; therefore,
80	notwithstanding any other provision of this chapter or any
81	provision of chapter 257, each agency shall permanently maintain
82	records of such orders pursuant to the applicable rules of the
83	Department of State.
84	(4)(a)  TRANSFER OF CUSTODY.--Whoever has custody of any
85	public records shall deliver, at the expiration of his or her
86	term of office, to his or her successor or, if there be none, to
87	the records and information management program of the Division
88	of Library and Information Services of the Department of State,
89	all public records kept or received by him or her in the
90	transaction of official business.
91	(5)(b)  UNLAWFUL POSSESSION.--Whoever is entitled to
92	custody of public records shall demand them from any person
93	having illegal possession of them, who must forthwith deliver
94	the same to him or her. Any person unlawfully possessing public
95	records must within 10 days deliver such records to the lawful
96	custodian of public records unless just cause exists for failing
97	to deliver such records.
98	(6)  CUSTODIAL REQUIREMENTS FOR CONFIDENTIAL AND EXEMPT
99	RECORDS.--
100	(a)  A custodian of public records who holds a record that
101	is confidential and exempt from s. 119.07(1) and s. 24(a), Art.
102	I of the State Constitution may not release such record except
103	as provided in statute or pursuant to court order.
104	(b)  An agency or other governmental entity that is
105	authorized to receive a confidential and exempt record pursuant
106	to statute shall retain the confidential and exempt status of
107	such record, except as otherwise provided by law.
108	(c)  A custodian of public records is authorized to require
109	the agency or other governmental entity that is authorized to
110	receive a confidential and exempt record pursuant to statute to
111	acknowledge in a written release that:
112	1.  Such record is confidential and exempt; and
113	2.  The receiving agency or other governmental entity is
114	required by law to retain the confidential and exempt status of
115	such record.
116	(d)  This subsection does not limit access to any record
117	by:
118	1.  An agency or entity acting on behalf of a custodian of
119	public records;
120	2.  The Legislature; or
121	3.  Pursuant to court order.
122	Section 2.  This act shall take effect July 1, 2006.

CODING: Words stricken are deletions; words underlined are additions.