Florida Senate - 2020                                    SB 1570
       By Senator Perry
       8-01372A-20                                           20201570__
    1                        A bill to be entitled                      
    2         An act relating to the Division of Library and
    3         Information Services; amending s. 257.22, F.S.;
    4         removing the date by which the division must submit an
    5         annual report regarding the allocation of library
    6         funding to the Chief Financial Officer; repealing s.
    7         257.34, F.S., relating to the Florida International
    8         Archive and Repository; amending s. 257.35, F.S.;
    9         revising the duties and responsibilities of the
   10         division in the administration of the Florida State
   11         Archives; conforming a cross-reference to changes made
   12         by the act; amending s. 257.36, F.S.; revising the
   13         duties and responsibilities of the division in the
   14         administration of the records and information
   15         management program; clarifying provisions governing
   16         the storage of records transferred to the division for
   17         storage; removing the requirement that the division
   18         notify an agency by certified mail of a record’s
   19         eligibility for destruction; deleting a provision that
   20         provides for title of a record to pass to the division
   21         under specified circumstances; deleting a provision
   22         specifying the effect of a preservation duplicate of a
   23         record; specifying the role and duties of records
   24         management liaison officers; amending s. 257.42, F.S.;
   25         removing a limitation on the annual grant amount that
   26         the administrative unit of a library cooperative may
   27         receive from the state for purposes of sharing library
   28         resources; amending s. 120.54, F.S.; conforming a
   29         cross-reference to changes made by the act; providing
   30         an effective date.
   32  Be It Enacted by the Legislature of the State of Florida:
   34         Section 1. Section 257.22, Florida Statutes, is amended to
   35  read:
   36         257.22 Division of Library and Information Services;
   37  allocation of funds.—Any moneys that may be appropriated for use
   38  by a county, a municipality, a special district, or a special
   39  tax district for the maintenance of a library or library service
   40  shall be administered and allocated by the division of Library
   41  and Information Services in the manner prescribed by law. On or
   42  before December 1 of each year, The division shall annually
   43  certify to the Chief Financial Officer the amount to be paid to
   44  each county, municipality, special district, or special tax
   45  district.
   46         Section 2. Section 257.34, Florida Statutes, is repealed.
   47         Section 3. Paragraphs (h) and (i) of subsection (1) of
   48  section 257.35, Florida Statutes, are amended to read:
   49         257.35 Florida State Archives.—
   50         (1) There is created within the Division of Library and
   51  Information Services of the Department of State the Florida
   52  State Archives for the preservation of those public records, as
   53  defined in s. 119.011(12), manuscripts, and other archival
   54  material that have been determined by the division to have
   55  sufficient historical or other value to warrant their continued
   56  preservation and have been accepted by the division for deposit
   57  in its custody. It is the duty and responsibility of the
   58  division to:
   59         (h) Encourage and initiate efforts to preserve, collect,
   60  process, transcribe, index, and research the oral history of
   61  Florida government.
   62         (i) Assist and cooperate with the records and information
   63  management program in the training and information program
   64  described in s. 257.36(1)(d) s. 257.36(1)(g).
   65         Section 4. Section 257.36, Florida Statutes, is amended to
   66  read:
   67         257.36 Records and information management.—
   68         (1) There is created within the Division of Library and
   69  Information Services of the Department of State a records and
   70  information management program. It is the duty and
   71  responsibility of the division to:
   72         (a) Establish and administer a records management program
   73  directed to the application of efficient and economical
   74  management methods relating to the creation, utilization,
   75  maintenance, retention, preservation, and disposal of records.
   76         (b) Analyze, develop, establish, and coordinate standards,
   77  procedures, and techniques of recordmaking and recordkeeping,
   78  including, but not limited to, standards and guidelines for
   79  retention, storage, security, and disposal of records.
   80         (c) Establish and operate a records center or centers
   81  primarily for the storage, processing, servicing, and security
   82  of public records that must be retained for varying periods of
   83  time but need not be retained in an agency’s office equipment or
   84  space. To this end, the records center shall:
   85         (c) Analyze, develop, establish, and coordinate standards,
   86  procedures, and techniques of recordmaking and recordkeeping.
   87         1.(d) Ensure the maintenance and security of stored records
   88  which are deemed appropriate for preservation.
   89         2.(e) Establish safeguards against unauthorized or unlawful
   90  removal or loss of stored records.
   91         3.(f) Initiate appropriate action to recover stored records
   92  removed unlawfully or without authorization.
   93         (d)(g) Institute and maintain a training and information
   94  program in:
   95         1. All phases of records and information management to
   96  bring approved and current practices, methods, procedures, and
   97  devices for the efficient and economical management of records
   98  to the attention of all agencies.
   99         2. The requirements relating to access to public records
  100  under chapter 119.
  101         (e)(h) Make continuous surveys of recordkeeping operations.
  102         (f)(i) Recommend improvements in current records management
  103  practices, including the use of space, equipment, supplies, and
  104  personnel in creating, maintaining, and servicing records.
  105         (g)(j) Establish and maintain a program in cooperation with
  106  each agency for the selection and preservation of records
  107  considered essential to the operation of government and to the
  108  protection of the rights and privileges of citizens.
  109         (k) Make, or have made, preservation duplicates, or
  110  designate existing copies as preservation duplicates, to be
  111  preserved in the place and manner of safekeeping as prescribed
  112  by the division.
  113         (2)(a) All records transferred to the division for storage
  114  may be held by it in its a records center or centers, to be
  115  designated by the division it, for such time as in its judgment
  116  retention therein is deemed necessary. At such time as it is
  117  established by the division, such records as are determined by
  118  it as having historical or other value warranting continued
  119  preservation shall be transferred to the Florida State Archives.
  120         (b) Title to any record stored detained in any records
  121  center operated by the division remains shall remain in the
  122  agency transferring such record to the division. When the
  123  Legislature transfers any duty or responsibility of an agency to
  124  another agency, the receiving agency shall be the custodian of
  125  public records with regard to the public records associated with
  126  that transferred duty or responsibility, and shall be
  127  responsible for the records storage service charges of the
  128  division. If an agency is dissolved and the legislation
  129  dissolving that agency does not assign an existing agency as the
  130  custodian of public records for the dissolved agency’s records,
  131  then the Cabinet is the custodian of public records for the
  132  dissolved agency, unless the Cabinet otherwise designates a
  133  custodian. The Cabinet or the agency designated by the Cabinet
  134  shall be responsible for the records storage service charges of
  135  the division.
  136         (c) When a record held in a records center is eligible for
  137  destruction, the division shall notify, in writing, by certified
  138  mail, the agency that which transferred the record. The agency
  139  shall have 90 days from receipt of that notice to respond by
  140  either requesting continued retention of the record or
  141  authorizing destruction or disposal of the record. If the agency
  142  does not respond within that time, title to the record shall
  143  pass to the division.
  144         (3) The division may charge fees for supplies and services,
  145  including, but not limited to, shipping containers, pickup,
  146  delivery, reference, and storage. Fees shall be based upon the
  147  actual cost of the supplies and services and shall be deposited
  148  in the Records Management Trust Fund.
  149         (4)(a)Any preservation duplicate of any record made
  150  pursuant to this chapter shall have the same force and effect
  151  for all purposes as the original record. A transcript,
  152  exemplification, or certified copy of such preservation
  153  duplicate shall be deemed, for all purposes, to be a transcript,
  154  exemplification, or certified copy of the original record.
  155         (5) For the purposes of this section, the term “agency”
  156  means shall mean any state, county, district, or municipal
  157  officer, department, division, bureau, board, commission, or
  158  other separate unit of government created or established by law.
  159         (b) It is the duty of each agency to:
  160         1.(a) Cooperate with the division in complying with the
  161  provisions of this chapter.
  162         2. and Designate a records management liaison officer to
  163  serve as the primary point of contact between the agency and the
  164  division for records management purposes and to conduct any
  165  records management functions assigned by the agency.
  166         3.(b) Establish and maintain an active and continuing
  167  program for the economical and efficient management of records.
  168         (5)(6) A public record may be destroyed or otherwise
  169  disposed of only in accordance with retention schedules
  170  established by the division. The division shall adopt reasonable
  171  rules not inconsistent with this chapter which shall be binding
  172  on all agencies relating to the destruction and disposition of
  173  records. Such rules must shall provide, but are not be limited
  174  to:
  175         (a) Procedures for complying and submitting to the division
  176  records-retention schedules.
  177         (b) Procedures for the physical destruction or other
  178  disposal of records.
  179         (c) Standards for the reproduction of records for security
  180  or with a view to the disposal of the original record.
  181         Section 5. Section 257.42, Florida Statutes, is amended to
  182  read:
  183         257.42 Library cooperative grants.—The administrative unit
  184  of a library cooperative is eligible to receive an annual grant
  185  from the state of not more than $400,000 for the purpose of
  186  sharing library resources based upon an annual plan of service
  187  and expenditure and an annually updated 5-year, long-range plan
  188  of cooperative library resource sharing. Those plans, which must
  189  include a component describing how the cooperative will share
  190  technology and the use of technology, must be submitted to the
  191  division of Library and Information Services of the Department
  192  of State for evaluation and possible recommendation for funding
  193  in the division’s legislative budget request. Grant funds may
  194  not be used to supplant local funds or other funds. A library
  195  cooperative must provide from local sources matching cash funds
  196  equal to 10 percent of the grant award.
  197         Section 6. Subsection (8) of section 120.54, Florida
  198  Statutes, is amended to read:
  199         120.54 Rulemaking.—
  200         (8) RULEMAKING RECORD.—In all rulemaking proceedings the
  201  agency shall compile a rulemaking record. The record shall
  202  include, if applicable, copies of:
  203         (a) All notices given for the proposed rule.
  204         (b) Any statement of estimated regulatory costs for the
  205  rule.
  206         (c) A written summary of hearings on the proposed rule.
  207         (d) The written comments and responses to written comments
  208  as required by this section and s. 120.541.
  209         (e) All notices and findings made under subsection (4).
  210         (f) All materials filed by the agency with the committee
  211  under subsection (3).
  212         (g) All materials filed with the Department of State under
  213  subsection (3).
  214         (h) All written inquiries from standing committees of the
  215  Legislature concerning the rule.
  217  Each state agency shall retain the record of rulemaking as long
  218  as the rule is in effect. When a rule is no longer in effect,
  219  the record may be destroyed pursuant to the records-retention
  220  schedule developed under s. 257.36(5) s. 257.36(6).
  221         Section 7. This act shall take effect July 1, 2020.