Florida Senate - 2021                                    SB 1104
       By Senator Rodriguez
       39-01534-21                                           20211104__
    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; amending s.
   12         257.36, F.S.; revising the duties and responsibilities
   13         of the division in the administration of the records
   14         and information management program; clarifying
   15         provisions governing the storage of records
   16         transferred to the division for storage; removing the
   17         requirement that the division notify an agency by
   18         certified mail of a record’s eligibility for
   19         destruction; deleting a provision that provides for
   20         the title of a record to pass to the division under
   21         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; providing an effective date.
   31  Be It Enacted by the Legislature of the State of Florida:
   33         Section 1. Section 257.22, Florida Statutes, is amended to
   34  read:
   35         257.22 Division of Library and Information Services;
   36  allocation of funds.—Any moneys that may be appropriated for use
   37  by a county, a municipality, a special district, or a special
   38  tax district for the maintenance of a library or library service
   39  shall be administered and allocated by the division of Library
   40  and Information Services in the manner prescribed by law. On or
   41  before December 1 of each year, The division shall annually
   42  certify to the Chief Financial Officer the amount to be paid to
   43  each county, municipality, special district, or special tax
   44  district.
   45         Section 2. Section 257.34, Florida Statutes, is repealed.
   46         Section 3. Paragraphs (h) and (i) of subsection (1) of
   47  section 257.35, Florida Statutes, are amended to read:
   48         257.35 Florida State Archives.—
   49         (1) There is created within the Division of Library and
   50  Information Services of the Department of State the Florida
   51  State Archives for the preservation of those public records, as
   52  defined in s. 119.011(12), manuscripts, and other archival
   53  material that have been determined by the division to have
   54  sufficient historical or other value to warrant their continued
   55  preservation and have been accepted by the division for deposit
   56  in its custody. It is the duty and responsibility of the
   57  division to:
   58         (h) Encourage and initiate efforts to preserve, collect,
   59  process, transcribe, index, and research the oral history of
   60  Florida government.
   61         (i) Assist and cooperate with the records and information
   62  management program in the training and information program
   63  described in s. 257.36(1)(d) 257.36(1)(g).
   64         Section 4. Section 257.36, Florida Statutes, is amended to
   65  read:
   66         257.36 Records and information management.—
   67         (1) There is created within the Division of Library and
   68  Information Services of the Department of State a records and
   69  information management program. It is the duty and
   70  responsibility of the division to:
   71         (a) Establish and administer a records management program
   72  directed to the application of efficient and economical
   73  management methods relating to the creation, utilization,
   74  maintenance, retention, preservation, and disposal of records.
   75         (b) Analyze, develop, establish, and coordinate standards,
   76  procedures, and techniques of recordmaking and recordkeeping,
   77  including, but not limited to, standards and guidelines for
   78  retention, storage, security, and disposal of records.
   79         (c) Establish and operate a records center or centers
   80  primarily for the storage, processing, servicing, and security
   81  of public records that must be retained for varying periods of
   82  time but need not be retained in an agency’s office equipment or
   83  space. To this end, the records center shall:
   84         (c) Analyze, develop, establish, and coordinate standards,
   85  procedures, and techniques of recordmaking and recordkeeping.
   86         1.(d) Ensure the maintenance and security of stored records
   87  which are deemed appropriate for preservation.
   88         2.(e) Establish safeguards against unauthorized or unlawful
   89  removal or loss of stored records.
   90         3.(f) Initiate appropriate action to recover stored records
   91  removed unlawfully or without authorization.
   92         (d)(g) Institute and maintain a training and information
   93  program in:
   94         1. All phases of records and information management to
   95  bring approved and current practices, methods, procedures, and
   96  devices for the efficient and economical management of records
   97  to the attention of all agencies.
   98         2. The requirements relating to access to public records
   99  under chapter 119.
  100         (e)(h) Make continuous surveys of recordkeeping operations.
  101         (f)(i) Recommend improvements in current records management
  102  practices, including the use of space, equipment, supplies, and
  103  personnel in creating, maintaining, and servicing records.
  104         (g)(j) Establish and maintain a program in cooperation with
  105  each agency for the selection and preservation of records
  106  considered essential to the operation of government and to the
  107  protection of the rights and privileges of citizens.
  108         (k) Make, or have made, preservation duplicates, or
  109  designate existing copies as preservation duplicates, to be
  110  preserved in the place and manner of safekeeping as prescribed
  111  by the division.
  112         (2)(a) All records transferred to the division for storage
  113  may be held by it in its a records center or centers, to be
  114  designated by the division it, for such time as in its judgment
  115  retention therein is deemed necessary. At such time as it is
  116  established by the division, such records as are determined by
  117  it as having historical or other value warranting continued
  118  preservation shall be transferred to the Florida State Archives.
  119         (b) Title to any record stored detained in any records
  120  center operated by the division remains shall remain in the
  121  agency transferring such record to the division. When the
  122  Legislature transfers any duty or responsibility of an agency to
  123  another agency, the receiving agency shall be the custodian of
  124  public records with regard to the public records associated with
  125  that transferred duty or responsibility, and shall be
  126  responsible for the records storage service charges of the
  127  division. If an agency is dissolved and the legislation
  128  dissolving that agency does not assign an existing agency as the
  129  custodian of public records for the dissolved agency’s records,
  130  then the Cabinet is the custodian of public records for the
  131  dissolved agency, unless the Cabinet otherwise designates a
  132  custodian. The Cabinet or the agency designated by the Cabinet
  133  shall be responsible for the records storage service charges of
  134  the division.
  135         (c) When a record held in a records center is eligible for
  136  destruction, the division shall notify, in writing, by certified
  137  mail, the agency that which transferred the record. The agency
  138  shall have 90 days from receipt of that notice to respond by
  139  requesting continued retention of the record or authorizing
  140  destruction or disposal of the record. If the agency does not
  141  respond within that time, title to the record shall pass to the
  142  division.
  143         (3) The division may charge fees for supplies and services,
  144  including, but not limited to, shipping containers, pickup,
  145  delivery, reference, and storage. Fees shall be based upon the
  146  actual cost of the supplies and services and shall be deposited
  147  in the Records Management Trust Fund.
  148         (4)(a)Any preservation duplicate of any record made
  149  pursuant to this chapter shall have the same force and effect
  150  for all purposes as the original record. A transcript,
  151  exemplification, or certified copy of such preservation
  152  duplicate shall be deemed, for all purposes, to be a transcript,
  153  exemplification, or certified copy of the original record.
  154         (5) For the purposes of this section, the term “agency”
  155  means shall mean any state, county, district, or municipal
  156  officer, department, division, bureau, board, commission, or
  157  other separate unit of government created or established by law.
  158         (b) It is the duty of each agency to:
  159         1.(a) Cooperate with the division in complying with the
  160  provisions of this chapter.
  161         2.and Designate a records management liaison officer to
  162  serve as the primary point of contact between the agency and the
  163  division for records management purposes and to conduct any
  164  records management functions assigned by the agency.
  165         3.(b) Establish and maintain an active and continuing
  166  program for the economical and efficient management of records.
  167         (5)(6) A public record may be destroyed or otherwise
  168  disposed of only in accordance with retention schedules
  169  established by the division. The division shall adopt reasonable
  170  rules not inconsistent with this chapter which shall be binding
  171  on all agencies relating to the destruction and disposition of
  172  records. Such rules must shall provide, but are not be limited
  173  to:
  174         (a) Procedures for complying and submitting to the division
  175  records-retention schedules.
  176         (b) Procedures for the physical destruction or other
  177  disposal of records.
  178         (c) Standards for the reproduction of records for security
  179  or with a view to the disposal of the original record.
  180         Section 5. Section 257.42, Florida Statutes, is amended to
  181  read:
  182         257.42 Library cooperative grants.—The administrative unit
  183  of a library cooperative is eligible to receive an annual grant
  184  from the state of not more than $400,000 for the purpose of
  185  sharing library resources based upon an annual plan of service
  186  and expenditure and an annually updated 5-year, long-range plan
  187  of cooperative library resource sharing. Those plans, which must
  188  include a component describing how the cooperative will share
  189  technology and the use of technology, must be submitted to the
  190  division of Library and Information Services of the Department
  191  of State for evaluation and possible recommendation for funding
  192  in the division’s legislative budget request. Grant funds may
  193  not be used to supplant local funds or other funds. A library
  194  cooperative must provide from local sources matching cash funds
  195  equal to 10 percent of the grant award.
  196         Section 6. Subsection (8) of section 120.54, Florida
  197  Statutes, is amended to read:
  198         120.54 Rulemaking.—
  199         (8) RULEMAKING RECORD.—In all rulemaking proceedings the
  200  agency shall compile a rulemaking record. The record shall
  201  include, if applicable, copies of:
  202         (a) All notices given for the proposed rule.
  203         (b) Any statement of estimated regulatory costs for the
  204  rule.
  205         (c) A written summary of hearings on the proposed rule.
  206         (d) The written comments and responses to written comments
  207  as required by this section and s. 120.541.
  208         (e) All notices and findings made under subsection (4).
  209         (f) All materials filed by the agency with the committee
  210  under subsection (3).
  211         (g) All materials filed with the Department of State under
  212  subsection (3).
  213         (h) All written inquiries from standing committees of the
  214  Legislature concerning the rule.
  216  Each state agency shall retain the record of rulemaking as long
  217  as the rule is in effect. When a rule is no longer in effect,
  218  the record may be destroyed pursuant to the records-retention
  219  schedule developed under s. 257.36(5) 257.36(6).
  220         Section 7. This act shall take effect July 1, 2021.