Bill Text: FL S1104 | 2021 | Regular Session | Introduced
Bill Title: Division of Library and Information Services
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2021-04-30 - Died in Appropriations [S1104 Detail]
Download: Florida-2021-S1104-Introduced.html
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. 30 31 Be It Enacted by the Legislature of the State of Florida: 32 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 divisionof Library40and Information Servicesin the manner prescribed by law.On or41before 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,59process, transcribe, index, and research the oral history of60Florida 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,85procedures, and techniques of recordmaking and recordkeeping.86 1.(d)Ensure the maintenance and security of stored records 87which 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, or109designate existing copies as preservation duplicates, to be110preserved in the place and manner of safekeeping as prescribed111by the division.112 (2)(a) All records transferred to the division for storage 113 may be heldby itin itsarecords center or centers, to be 114 designated by the divisionit, 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 storeddetainedin any records 120 center operated by the division remainsshall remainin 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 certified137mail,the agency thatwhichtransferred the record. The agency 138 shallhave 90 days from receipt of that notice torespond by 139 requesting continued retention of the record or authorizing 140 destruction or disposal of the record.If the agency does not141respond within that time, title to the record shall pass to the142division.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 made149pursuant to this chapter shall have the same force and effect150for all purposes as the original record. A transcript,151exemplification, or certified copy of such preservation152duplicate shall be deemed, for all purposes, to be a transcript,153exemplification, or certified copy of the original record.154(5)Forthepurposes of this section, the term “agency” 155 meansshall meanany 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 withthe160provisions ofthis chapter. 161 2.andDesignate 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 mustshallprovide, but are notbelimited 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 stateof not more than $400,000for 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 divisionof Library and Information Services of the Department191of Statefor 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. 215 216 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.