HB 7149

1	A bill to be entitled
2	An act relating to information technology used to manage
3	public records; repealing s. 119.01(2)(b), F.S.; removing
4	the policy statement relating to the design or acquisition
5	of an electronic recordkeeping system by an agency;
6	amending s. 119.021, F.S.; providing criteria that must be
7	considered by an agency when designing or acquiring an
8	electronic recordkeeping system; providing rulemaking
9	authority; providing minimum standards for the destruction
10	of public records; reorganizing provisions; providing an
11	effective date.
12
13	Be It Enacted by the Legislature of the State of Florida:
14
15	Section 1.  Paragraph (b) of subsection (2) of section
16	119.01, Florida Statutes, is repealed.
17	Section 2.  Section 119.021, Florida Statutes, is amended
18	to read:
19	119.021  Custodial requirements; maintenance, preservation,
20	and retention, and disposal of public records; rulemaking.--
21	(1)  MAINTENANCE AND PRESERVATION OF PUBLIC
22	RECORDS.--Public records shall be maintained and preserved as
23	follows:
24	(a)  All public records should be kept in the buildings in
25	which they are ordinarily used.
26	(b)  Insofar as practicable, a custodian of public records
27	of vital, permanent, or archival records shall keep them in
28	fireproof and waterproof safes, vaults, or rooms fitted with
29	noncombustible materials and in such arrangement as to be easily
30	accessible for convenient use.
31	(c)1.  Record books should be copied or repaired,
32	renovated, or rebound if worn, mutilated, damaged, or difficult
33	to read.
34	2.  Whenever any state, county, or municipal records are in
35	need of repair, restoration, or rebinding, the head of the
36	concerned state agency, department, board, or commission; the
37	board of county commissioners of such county; or the governing
38	body of such municipality may authorize that such records be
39	removed from the building or office in which such records are
40	ordinarily kept for the length of time required to repair,
41	restore, or rebind them.
42	3.  Any public official who causes a record book to be
43	copied shall attest and certify under oath that the copy is an
44	accurate copy of the original book. The copy shall then have the
45	force and effect of the original.
46	(d)  When designing or acquiring an electronic
47	recordkeeping system, an agency must consider whether such
48	system is capable of providing data in some common format.
49	(2)  RETENTION SCHEDULES FOR PUBLIC RECORDS.--
50	(a)  The Division of Library and Information Services of
51	the Department of State shall adopt rules to establish retention
52	schedules and a disposal process for public records. At a
53	minimum, the retention schedule shall be established based upon
54	a review of the public record in the context of the custodial
55	agency's statutory functions and authorities.
56	(b)  Each agency shall comply with the rules establishing
57	retention schedules and disposal processes for public records
58	which are adopted by the records and information management
59	program of the division.
60	(c)  Agency orders that comprise final agency action and
61	that must be indexed or listed pursuant to s. 120.53 have
62	continuing legal significance; therefore, notwithstanding any
63	other provision of this chapter or any provision of chapter 257,
64	each agency shall permanently maintain records of such orders
65	pursuant to the applicable rules of the Department of State.
66	Each public official shall systematically dispose of records no
67	longer needed, subject to the consent of the records and
68	information management program of the division in accordance
69	with s. 257.36.
70	(d)  The division may ascertain the condition of public
71	records and shall give advice and assistance to public officials
72	to solve problems related to the preservation, creation, filing,
73	and public accessibility of public records in their custody.
74	Public officials shall assist the division by preparing an
75	inclusive inventory of categories of public records in their
76	custody. The division shall establish a time period for the
77	retention or disposal of each series of records. Upon the
78	completion of the inventory and schedule, the division shall,
79	subject to the availability of necessary space, staff, and other
80	facilities for such purposes, make space available in its
81	records center for the filing of semicurrent records so
82	scheduled and in its archives for noncurrent records of
83	permanent value, and shall render such other assistance as
84	needed, including the microfilming of records so scheduled.
85	(3)  DISPOSAL OF PUBLIC RECORDS.--
86	(a)  The Division of Library and Information Services of
87	the Department of State shall adopt rules to establish a
88	disposal process for public records. At a minimum, such rules
89	shall provide a process for:
90	1.  Sanitizing or scrubbing hardware prior to disposal.
91	2.  Destroying public records containing confidential or
92	exempt information in a manner that safeguards the interests of
93	the state and the safety, security, and privacy of its citizens.
94	The rules shall specify destruction methods that prevent
95	unauthorized access to or use of the information and shall
96	ensure that the information cannot be read, reconstructed, or
97	recovered.
98	(b)  Each agency shall comply with the rules establishing
99	disposal processes for public records which are adopted by the
100	records and information management program of the division.
101	(c)  Each public official shall systematically dispose of
102	records no longer needed, subject to the consent of the records
103	and information management program of the division in accordance
104	with rules promulgated pursuant to this section and s. 257.36.
105	Agency orders that comprise final agency action and that must be
106	indexed or listed pursuant to s. 120.53 have continuing legal
107	significance; therefore, notwithstanding any other provision of
108	this chapter or any provision of chapter 257, each agency shall
109	permanently maintain records of such orders pursuant to the
110	applicable rules of the Department of State.
111	(4)  CUSTODY OF PUBLIC RECORDS.--
112	(a)  Whoever has custody of any public records shall
113	deliver, at the expiration of his or her term of office, to his
114	or her successor or, if there be none, to the records and
115	information management program of the Division of Library and
116	Information Services of the Department of State, all public
117	records kept or received by him or her in the transaction of
118	official business.
119	(b)  Whoever is entitled to custody of public records shall
120	demand them from any person having illegal possession of them,
121	who must forthwith deliver the same to him or her. Any person
122	unlawfully possessing public records must within 10 days deliver
123	such records to the lawful custodian of public records unless
124	just cause exists for failing to deliver such records.
125	(5)  ASSISTANCE TO CUSTODIANS OF PUBLIC RECORDS.--
126	(a)  The Division of Library and Information Services of
127	the Department of State may ascertain the condition of public
128	records and shall give advice and assistance to public officials
129	to solve problems related to the preservation, creation, filing,
130	and public accessibility of public records in their custody.
131	(b)  Public officials shall assist the division by
132	preparing an inclusive inventory of categories of public records
133	in their custody. The division shall establish a time period for
134	the retention or disposal of each series of records.
135	(c)  Upon the completion of the inventory and schedule, the
136	division shall, subject to the availability of necessary space,
137	staff, and other facilities for such purposes, make space
138	available in its records center for the filing of semicurrent
139	records so scheduled and in its archives for noncurrent records
140	of permanent value, and shall render such other assistance as
141	needed, including the microfilming of records so scheduled.
142	Section 3.  This act shall take effect October 1, 2008.

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