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.
31
32 Be It Enacted by the Legislature of the State of Florida:
33
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 Section 257.34, Florida Statutes, is repealed.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.
216
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.