Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. SB 1570
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       The Committee on Appropriations (Perry) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 257.22, Florida Statutes, is amended to
    6  read:
    7         257.22 Division of Library and Information Services;
    8  allocation of funds.—Any moneys that may be appropriated for use
    9  by a county, a municipality, a special district, or a special
   10  tax district for the maintenance of a library or library service
   11  shall be administered and allocated by the division of Library
   12  and Information Services in the manner prescribed by law. On or
   13  before December 1 of each year, The division shall annually
   14  certify to the Chief Financial Officer the amount to be paid to
   15  each county, municipality, special district, or special tax
   16  district.
   17         Section 2. Section 257.34, Florida Statutes, is repealed.
   18         Section 3. Paragraphs (h) and (i) of subsection (1) of
   19  section 257.35, Florida Statutes, are amended to read:
   20         257.35 Florida State Archives.—
   21         (1) There is created within the Division of Library and
   22  Information Services of the Department of State the Florida
   23  State Archives for the preservation of those public records, as
   24  defined in s. 119.011(12), manuscripts, and other archival
   25  material that have been determined by the division to have
   26  sufficient historical or other value to warrant their continued
   27  preservation and have been accepted by the division for deposit
   28  in its custody. It is the duty and responsibility of the
   29  division to:
   30         (h) Encourage and initiate efforts to preserve, collect,
   31  process, transcribe, index, and research the oral history of
   32  Florida government.
   33         (i) Assist and cooperate with the records and information
   34  management program in the training and information program
   35  described in s. 257.36(1)(d) s. 257.36(1)(g).
   36         Section 4. Section 257.36, Florida Statutes, is amended to
   37  read:
   38         257.36 Records and information management.—
   39         (1) There is created within the Division of Library and
   40  Information Services of the Department of State a records and
   41  information management program. It is the duty and
   42  responsibility of the division to:
   43         (a) Establish and administer a records management program
   44  directed to the application of efficient and economical
   45  management methods relating to the creation, utilization,
   46  maintenance, retention, preservation, and disposal of records.
   47         (b) Analyze, develop, establish, and coordinate standards,
   48  procedures, and techniques of recordmaking and recordkeeping,
   49  including, but not limited to, standards and guidelines for
   50  retention, storage, security, and disposal of records.
   51         (c) Establish and operate a records center or centers
   52  primarily for the storage, processing, servicing, and security
   53  of public records that must be retained for varying periods of
   54  time but need not be retained in an agency’s office equipment or
   55  space. To this end, the records center shall:
   56         (c) Analyze, develop, establish, and coordinate standards,
   57  procedures, and techniques of recordmaking and recordkeeping.
   58         1.(d) Ensure the maintenance and security of stored records
   59  which are deemed appropriate for preservation.
   60         2.(e) Establish safeguards against unauthorized or unlawful
   61  removal or loss of stored records.
   62         3.(f) Initiate appropriate action to recover stored records
   63  removed unlawfully or without authorization.
   64         (d)(g) Institute and maintain a training and information
   65  program in:
   66         1. All phases of records and information management to
   67  bring approved and current practices, methods, procedures, and
   68  devices for the efficient and economical management of records
   69  to the attention of all agencies.
   70         2. The requirements relating to access to public records
   71  under chapter 119.
   72         (e)(h) Make continuous surveys of recordkeeping operations.
   73         (f)(i) Recommend improvements in current records management
   74  practices, including the use of space, equipment, supplies, and
   75  personnel in creating, maintaining, and servicing records.
   76         (g)(j) Establish and maintain a program in cooperation with
   77  each agency for the selection and preservation of records
   78  considered essential to the operation of government and to the
   79  protection of the rights and privileges of citizens.
   80         (k) Make, or have made, preservation duplicates, or
   81  designate existing copies as preservation duplicates, to be
   82  preserved in the place and manner of safekeeping as prescribed
   83  by the division.
   84         (2)(a) All records transferred to the division for storage
   85  may be held by it in its a records center or centers, to be
   86  designated by the division it, for such time as in its judgment
   87  retention therein is deemed necessary. At such time as it is
   88  established by the division, such records as are determined by
   89  it as having historical or other value warranting continued
   90  preservation shall be transferred to the Florida State Archives.
   91         (b) Title to any record stored detained in any records
   92  center operated by the division remains shall remain in the
   93  agency transferring such record to the division. When the
   94  Legislature transfers any duty or responsibility of an agency to
   95  another agency, the receiving agency shall be the custodian of
   96  public records with regard to the public records associated with
   97  that transferred duty or responsibility, and shall be
   98  responsible for the records storage service charges of the
   99  division. If an agency is dissolved and the legislation
  100  dissolving that agency does not assign an existing agency as the
  101  custodian of public records for the dissolved agency’s records,
  102  then the Cabinet is the custodian of public records for the
  103  dissolved agency, unless the Cabinet otherwise designates a
  104  custodian. The Cabinet or the agency designated by the Cabinet
  105  shall be responsible for the records storage service charges of
  106  the division.
  107         (c) When a record held in a records center is eligible for
  108  destruction, the division shall notify, in writing, by certified
  109  mail, the agency that which transferred the record. The agency
  110  shall have 90 days from receipt of that notice to respond by
  111  either requesting continued retention of the record or
  112  authorizing destruction or disposal of the record. If the agency
  113  does not respond within that time, title to the record shall
  114  pass to the division.
  115         (3) The division may charge fees for supplies and services,
  116  including, but not limited to, shipping containers, pickup,
  117  delivery, reference, and storage. Fees shall be based upon the
  118  actual cost of the supplies and services and shall be deposited
  119  in the Records Management Trust Fund.
  120         (4)(a)Any preservation duplicate of any record made
  121  pursuant to this chapter shall have the same force and effect
  122  for all purposes as the original record. A transcript,
  123  exemplification, or certified copy of such preservation
  124  duplicate shall be deemed, for all purposes, to be a transcript,
  125  exemplification, or certified copy of the original record.
  126         (5) For the purposes of this section, the term “agency”
  127  means shall mean any state, county, district, or municipal
  128  officer, department, division, bureau, board, commission, or
  129  other separate unit of government created or established by law.
  130         (b) It is the duty of each agency to:
  131         1.(a) Cooperate with the division in complying with the
  132  provisions of this chapter.
  133         2. and Designate a records management liaison officer to
  134  serve as the primary point of contact between the agency and the
  135  division for records management purposes and to conduct any
  136  records management functions assigned by the agency.
  137         3.(b) Establish and maintain an active and continuing
  138  program for the economical and efficient management of records.
  139         (5)(6) A public record may be destroyed or otherwise
  140  disposed of only in accordance with retention schedules
  141  established by the division. The division shall adopt reasonable
  142  rules not inconsistent with this chapter which shall be binding
  143  on all agencies relating to the destruction and disposition of
  144  records. Such rules must shall provide, but are not be limited
  145  to:
  146         (a) Procedures for complying and submitting to the division
  147  records-retention schedules.
  148         (b) Procedures for the physical destruction or other
  149  disposal of records.
  150         (c) Standards for the reproduction of records for security
  151  or with a view to the disposal of the original record.
  152         Section 5. Section 257.42, Florida Statutes, is amended to
  153  read:
  154         257.42 Library cooperative grants.—The administrative unit
  155  of a library cooperative is eligible to receive an annual grant
  156  from the state of not more than $400,000 for the purpose of
  157  sharing library resources based upon an annual plan of service
  158  and expenditure and an annually updated 5-year, long-range plan
  159  of cooperative library resource sharing. Those plans, which must
  160  include a component describing how the cooperative will share
  161  technology and the use of technology, must be submitted to the
  162  division of Library and Information Services of the Department
  163  of State for evaluation and possible recommendation for funding
  164  in the division’s legislative budget request. Grant funds may
  165  not be used to supplant local funds or other funds. A library
  166  cooperative must provide from local sources matching cash funds
  167  equal to 10 percent of the grant award.
  168         Section 6. Subsection (8) of section 120.54, Florida
  169  Statutes, is amended to read:
  170         120.54 Rulemaking.—
  171         (8) RULEMAKING RECORD.—In all rulemaking proceedings the
  172  agency shall compile a rulemaking record. The record shall
  173  include, if applicable, copies of:
  174         (a) All notices given for the proposed rule.
  175         (b) Any statement of estimated regulatory costs for the
  176  rule.
  177         (c) A written summary of hearings on the proposed rule.
  178         (d) The written comments and responses to written comments
  179  as required by this section and s. 120.541.
  180         (e) All notices and findings made under subsection (4).
  181         (f) All materials filed by the agency with the committee
  182  under subsection (3).
  183         (g) All materials filed with the Department of State under
  184  subsection (3).
  185         (h) All written inquiries from standing committees of the
  186  Legislature concerning the rule.
  188  Each state agency shall retain the record of rulemaking as long
  189  as the rule is in effect. When a rule is no longer in effect,
  190  the record may be destroyed pursuant to the records-retention
  191  schedule developed under s. 257.36(5) s. 257.36(6).
  192         Section 7. Subsection (1) of section 20.201, Florida
  193  Statutes, is amended to read:
  194         20.201 Department of Law Enforcement.—
  195         (1) There is created a Department of Law Enforcement. The
  196  head of the department is the Governor and Cabinet. The
  197  executive director of the department shall be appointed by the
  198  Governor subject to the majority vote of the Governor and
  199  Cabinet consisting of at least 3 affirmative votes, with the
  200  Governor and the Attorney General on the prevailing side. The
  201  appointment is also with the approval of three members of the
  202  Cabinet and subject to confirmation by the Senate. The executive
  203  director shall serve at the pleasure of the Governor and
  204  Cabinet. The executive director may establish a command,
  205  operational, and administrative services structure to assist,
  206  manage, and support the department in operating programs and
  207  delivering services.
  208         Section 8. Subsection (1) of section 20.37, Florida
  209  Statutes, is amended to read:
  210         20.37 Department of Veterans’ Affairs.—There is created a
  211  Department of Veterans’ Affairs.
  212         (1) The head of the department is the Governor and Cabinet.
  213  The executive director of the department shall be appointed by
  214  the Governor subject to the majority vote of the Governor and
  215  Cabinet consisting of at least 3 affirmative votes, with the
  216  Governor on the prevailing side. The appointment is also with
  217  the approval of three members of the Cabinet and subject to
  218  confirmation by the Senate. The executive director shall serve
  219  at the pleasure of the Governor and Cabinet.
  220         Section 9. This act shall take effect July 1, 2020.
  222  ================= T I T L E  A M E N D M E N T ================
  223  And the title is amended as follows:
  224         Delete everything before the enacting clause
  225  and insert:
  226                        A bill to be entitled                      
  227         An act relating to governmental organization; amending
  228         s. 257.22, F.S.; removing the date by which the
  229         division must submit an annual report regarding the
  230         allocation of library funding to the Chief Financial
  231         Officer; repealing s. 257.34, F.S., relating to the
  232         Florida International Archive and Repository; amending
  233         s. 257.35, F.S.; revising the duties and
  234         responsibilities of the division in the administration
  235         of the Florida State Archives; conforming a cross
  236         reference to changes made by the act; amending s.
  237         257.36, F.S.; revising the duties and responsibilities
  238         of the division in the administration of the records
  239         and information management program; clarifying
  240         provisions governing the storage of records
  241         transferred to the division for storage; removing the
  242         requirement that the division notify an agency by
  243         certified mail of a record’s eligibility for
  244         destruction; deleting a provision that provides for
  245         title of a record to pass to the division under
  246         specified circumstances; deleting a provision
  247         specifying the effect of a preservation duplicate of a
  248         record; specifying the role and duties of records
  249         management liaison officers; amending s. 257.42, F.S.;
  250         removing a limitation on the annual grant amount that
  251         the administrative unit of a library cooperative may
  252         receive from the state for purposes of sharing library
  253         resources; amending s. 120.54, F.S.; conforming a
  254         cross-reference to changes made by the act; amending
  255         ss. 20.201 and 20.37, F.S.; modifying the manner of
  256         appointment for the executive directors of the
  257         Department of Law Enforcement and the Department of
  258         Veterans’ Affairs, respectively; providing an
  259         effective date.