State Statute Chapter 257Statutes & Constitution :View Statutes : flsenate.gov
Select Year: 2007
The 200 Florida Statutes
CHAPTER 257
PUBLIC LIBRARIES AND STATE ARCHIVES
257.01 State Library; creation; administration.
257.015 Definitions.
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257.02 State Library Council.
257.031 State Librarian; appointment and duties.
257.04 Publications, pictures, and other documents received to constitute part of State Library;
powers and duties of Division of Library and Information Services.
257.05 Public documents; delivery to, and distribution by, division.
257.105 Public documents; copies to Library of Congress.
257.12 Division of Library and Information Services authorized to accept and expend federal funds.
257.14 Division of Library and Information Services; rules.
257.15 Division of Library and Information Services; standards.
257.16 Reports.
257.17 Operating grants.
257.171 Multicounty libraries.
257.172 Multicounty library grants.
257.18 Equalization grants.
257.191 Construction grants.
257.192 Program grants.
257.193 Community Libraries in Caring Program.
257.195 Revenue shortfalls; procedures.
257.21 Maximum grants allowable.
257.22 Division of Library and Information Services; allocation of .funds.
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257.23 Application for grant.
257.24 Use of funds.
257.25 Free library service.
257.261 Library registration and circulation records.
257.28 Compact.
257.29 Compliance with local laws.
257.30 State library agency.
257.31 Appropriations.
257.32 Compact administrator.
257.33 Notices.
257.34 Florida International Archive and Repository.
257.35 Florida State Archives.
257.36 Records and information management.
257.37 Legislative intent.
257.375 Records Management Trust Fund.
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257.38 Manuscripts or other archival material held by local government; public records exemption.
257.40 Library cooperatives; legislative intent.
257.41 Library cooperatives; organization; receipt of state moneys.
257.42 Library cooperative grants.
257.43 Citizen support organization; use of state administrative services and property; audit.
257.01 State Library; creation; administration.--There is created and established the State
Library which shall be located at the capital. The State Library shall be administered by the
Division of Library and Information Services of the Department of State.
History.--s. 1, ch. 10278, 1925; CGL 1687; s. 1, ch. 63-39; ss. 10, 35, ch. 69-106; s. 21, ch. 69-353;
s. 1, ch. 70-250; s. 1, ch. 71-279; s. 86, ch. 73-333; s. 1, ch. 74-228; s. 1, ch. 81-68; s. 13, ch. 86-
163.
257.015 Definitions.--As used in this chapter, the term:
(1) "Department" means the Department of State.
(2) "Division" means the Division of Library and Information Services of the Department of State.
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(3) "Secretary" means the Secretary of State.
(4) "State Librarian" means the person appointed by the secretary as the director of the Division of
Library and Information Services pursuant to s. 257.031.
History.--s. 1, ch. 2005-207.
257.02 State Library Council.--
(1) There shall be a State Library Council to advise and assist the Division of Library and
Information Services on its programs and activities. The council shall consist of nine members who
shall be appointed by the Secretary of State. Of the nine members at least one must represent a
Florida library professional association, at least one must represent a Florida archive professional
association, at least one must represent a Florida records management professional association,
and at least one must be a person who is not, and has never been, employed in a library or in
teaching library science courses. Members shall be appointed for 4-year terms. A vacancy on the
council shall be filled for the period of the unexpired term. No person may be appointed to serve
more than two consecutive terms as a member of the council. The Secretary of State may remove
from office any council member for malfeasance, misfeasance, neglect of duty, incompetence,
permanent inability to perform official duties, or pleading guilty or nolo contendere to, or being
found guilty of, a felony.
(2) Members of the council shall serve without compensation or honorarium but shall be entitled to
receive reimbursement for per diem and travel expenses as provided in s. 112.061. The council
shall meet at the call of its chair, at the request of a majority of its membership, at the request of
the division, or at such times as may be prescribed by its rules.
(3) The Secretary of State may, in making appointments, consult Florida's library, archival, or
records management community and related statewide associations and organizations for
suggestions as to persons having special knowledge and interest concerning libraries.
(4) The officers of the State Library Council shall be a chair, elected from the members thereof,
and the State Librarian, who shall serve without voting rights as secretary of the council.
History.--s. 2, ch. 10278, 1925; CGL 1688; s. 2, ch. 63-39; s. 19, ch. 63-400; ss. 10, 35, ch. 69-106;
s. 21, ch. 69-353; s. 2, ch. 70-250; s. 1, ch. 70-439; s. 1, ch. 71-279; s. 2, ch. 74-228; s. 4, ch. 78-
323; ss. 2, 3, 4, ch. 81-68; ss. 1, 4, ch. 82-46; s. 2, ch. 83-265; s. 14, ch. 86-163; s. 3, ch. 87-172;
ss. 1, 2, 3, ch. 90-21; s. 5, ch. 91-429; s. 150, ch. 95-148; s. 2, ch. 2005-207.
257.031 State Librarian; appointment and duties.--
(1) The State Librarian shall be appointed by the Secretary of State, shall have completed a library
school program accredited by the American Library Association, and shall 'serve as the director of
the Division of Library and Information Services of the Department of State. The Secretary of State
may, in making the appointment of State Librarian, consult the members of the State Library
Council.
(2) The State Librarian shall:
(a) Keep a record of the proceedings of the State Library Council;
(b) Keep an accurate account of the financial transactions of the division;
(c) Have charge of the work of the division in organizing new libraries and improving those already
established;
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(d) In general, perform such duties as may, from time to time, be assigned to him or her by the
Secretary of State; and
(e) Manage operations of the programs assigned by taw to the division.
History.--s. 4, ch. 70-250; s. 1, ch. 70-439; s. 4, ch. 78-323; ss. 3, 4, ch. 81-68; ss. 1, 4, ch. 82-46;
s. 1, ch. 83-24; s. 2, ch. 83-265; s. 15, ch. 86-163; ss. 2, 3, ch. 90-21; s. 5, ch. 91-429; s. 151, ch.
95-148; s. 3, ch. 2005-207.
257.04 Publications, pictures, and other documents received to constitute part of State
Library; powers and duties of Division of Library and Information Services.--
(1) All books, pictures, documents, publications, and manuscripts received through gifts,
purchase, or exchange, or on deposit from any source for the use of the state, shall constitute a
part of the State Library and shall be placed therein for the use of the public under the control of
the Division of Library and Information Services of the Department of State. The division may
receive gifts of money, books, or other property which may be used or held for the purpose or
purposes given; and it may purchase books, periodicals, furniture, and equipment as it deems
necessary to promote the efficient operation of the service it is expected to render the public.
(2) The division may, upon request, give aid and assistance, financial, advisory, or otherwise, to
all school, state institutional, academic, free, and public libraries, and to all communities in the
state which may propose to establish libraries, as to the best means of establishing and
administering libraries, selecting and cataloging books, and other facets of library management.
(3) The division shalt maintain a library for state officials and employees,,especially of
informational material pertaining to the phases of their work, and provide for them material for
general reading and study.
(4) The division shall maintain and provide research and information services for all state
agencies.
(5) The division shall make all necessary arrangements to provide library services to the blind and
physically handicapped persons of the state.
(6) The division may issue printed material, such as lists and circulars of information, and in the
publication thereof may cooperate with state library commissions and libraries of other states in
order to secure the more economical administration of the work for which it is formed. It may
conduct courses of library instruction and hold librarians' institutes in various parts of the state.
(7) The division shall perform such other services and engage in any other activity, not contrary to
law, that it may think appropriate in the development of library service to state government, to
the libraries and library profession of the state, and to the citizens of the state.
History.--s. 4, ch. 10278, 1925; CGL 1690; s. 4, ch. 63-39; ss. 10, 35, ch. 69-106; s. 21, ch. 69-353;
s. 3, ch. 74-228; s. 2, ch. 83-24; s. 16, ch. 86-163.
257.05 Public documents; delivery to, and distribution by, division.--
(1) The term "public document" as used in this section means any document, report, directory,
bibliography, rule, newsletter, pamphlet, brochure, periodical, or other publication, whether in
print or nonprint format, that is paid for in whole or in part by funds appropriated by the
Legislature and may be subject to distribution to the public; however, the term excludes
publications for internal use by an executive agency as defined in s. 283.30.
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(2)(a) Each state official, state department, state board, state court, or state agency issuing
public documents shalt furnish the Division of Library and Information Services of the Department
of State 35 copies of each of those public documents, as issued, for deposit in and distribution by
the division. However, if the division so requests, as many as 15 additional copies of each public
document shall be supplied to it.
(b) If any state official, state department, state board, state court, or state agency has fewer than
40 copies of any public document, it shall supply the division with 2 copies of each such public
document for deposit in the State Library.
(c) By December 31 of each year, any state official, state department, state board, state court, or
state agency issuing public documents shall furnish to the division a list of all public documents,
including each publication that is on the agency's website, issued by the official, department,
board, court, or agency during that calendar year.
(d) As issued, daily journals and bound journals of each house of the Legislature; slip laws and
bound session laws, both general and special; and Florida Statutes and supplements thereto shall
be furnished to the division by the state official, department, or agency having charge of their
distribution. The number of copies furnished shall be determined by requests of the division, which
number in no case may exceed 35 copies of the particular publication. .
(3) It is the duty of the division to:
(a) Designate university, college, and public libraries as depositories for public documents and to
designate certain of these depositories as regional centers for full collections of public documents.
(b) Provide a system of distribution of the copies furnished to it under subsection (2) to such
depositories.
(c) Publish a periodic bibliography of the publications of the state.
The division may exchange copies of public documents for those of other states, territories, and
countries. Depositories receiving public documents under this section shall keep them in a
convenient form accessible to the public.
History.--s. 5, ch. 10278, 1925; CGL 1691; s. 1, ch. 22064, 1943; s. 1, ch. 21758, 1943; s. 4, ch. 63-
39; s. 1, ch. 67-223; ss. 10, 35, ch. 69-106; s. 21, ch. 69-353; s. 1, ch. 73-305; s. 3, ch. 83-24; s.
17, ch. 86-163; s. 34, ch. 90-335; s. 8, ch. 2006-111.
257.105 Public documents; copies to Library of Congress.--Any state official or state agency,
board, commission, or institution having charge of publications hereinafter named is authorized
and directed to furnish the Library of Congress in Washington, D.C., upon requisition from the
Library of Congress, up to three copies of the journals of both houses of the Legislature; volumes of
the Supreme Court Reports; volumes of periodic reports of Cabinet officers; and copies of reports,
studies, maps, or other publications by official boards or institutions of the state, from time to
time, as such are published and are available for public distribution.
History.--ss. 1, 6, ch. 83-252; s. 4, ch. 88-32; ss. 35, 44, ch. 90-335.
Note.--Former s. 283.51.
257.12 Division of Library and Information Services authorized to accept and expend federal
funds.--
(1) The Division of Library and Information Services of the Department of State is designated as
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the state library administrative agency authorized to accept, receive, administer, and expend any
moneys, materials, or any other aid granted, appropriated, or made available by the United States
or any of its agencies for the purpose of giving aid to libraries and providing educational library
service in the state.
(2) The division is authorized to file any accounts required by federal law or regulation with
reference to receiving and administering all such moneys, materials, and other aid for said
purposes; provided, however, that the acceptance of such moneys, materials, and other aid shall
not deprive the state from complete control and supervision of its library.
History.--ss. 1, 2, ch. 26976, 1951; s. 4, ch. 63-39; ss. 10, 35, ch. 69-106; s. 21, ch. 69-353; s. 18,
ch. 86-163; s. 4, ch. 2005-207.
257.14 Division of Library and Information Services; rules.--The Division of Library and
Information Services has authority to adopt rules pursuant to ss. 120.536(1) and 120.54 to
implement the provisions of this chapter.
History.--s. 2, ch. 61-402; s. 4, ch. 63-39; ss. 10, 35, ch. 69-106; s. 21, ch. 69-353; s. 3, ch. 83-24;
s. 19, ch. 86-163; s. 46, ch. 98-200.
257.15 Division of Library and Information Services; standards.--The Division of Library and
Information Services shall establish reasonable and pertinent operating standards under which
libraries will be eligible to receive state moneys.
History.--s. 3, ch. 61-402; s. 4, ch. 63-39; ss. 10, 35, ch. 69-106; s. 21, ch. 69-353; s. 2, ch. 72-353;
s. 3, ch. 83-24; s. 20, ch. 86-163.
257.16 Reports.--Any library receiving grants under ss. 257.14-257.25 shall file with the Division
of Library and Information Services on or before December 1 of each year a financial report on its
operations and furnish the division with such other information as the division may require.
History.--s. 4, ch. 61-402; s. 4, ch. 63-39; ss. 10, 35, ch. 69-106; s. 21, ch. 69-353; s. 3, ch. 83-24;
s. 21, ch. 86-163.
257.17 Operating grants.--A political subdivision that has been designated by a county or
municipality as the single library administrative unit is eligible to receive from the state an annual
operating grant of not more than 25 percent of all local funds expended by that political
subdivision during the second preceding fiscal year for the operation and maintenance of a library,
under the following conditions:
(1) Eligible political subdivisions include:
(a) A county that establishes or maintains a library or that gives or receives free library service by
contract with a municipality or nonprofit library corporation or association within such county;
(b) A county that joins with one or more counties to establish or maintain a library or contracts
with another county, a special district, a special tax district, or one or more municipalities in
another county to receive free library service;
(c) A special district or special tax district that establishes or maintains a library and provides free
library service; or
(d) A municipality that establishes or maintains a library or that gives or receives free library
service by contract with a nonprofit library corporation or association within the municipality.
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(2) The library established or maintained by such political subdivision shall:
(a) Be operated under a single administrative head who is an employee of the single library
administrative unit and who has completed a library education program accredited by the
American Library Association. The single administrative head shall have at least 2 years of full-time
paid professional experience, after completing the library education program, in a public library
that is open to the public for a minimum of 40 hours per week.
(b) Expend its funds centrally.
(c) Provide reciprocal borrowing, and other library services pursuant to interlocal agreement, to
residents of all political subdivisions within the county which receive operating grants from the
state.
(d) Have at least one library or branch library open for 40 or more hours per week.
(e) Have along-range plan, an annual plan of service, and an annual budget.
(f) Engage in joint planning for coordination of library services within the county or counties that
receive operating grants from the state.
(3) Any political subdivision establishing public library service for the first time shall submit a
certified copy of its appropriation for library service, and its eligibility to receive an operating
grant shall be based upon such appropriation.
History.--s. 5, ch. 61-402; s. 1, ch. 72-247; s. 3, ch. 72-353; s. 1, ch. 73-138; s. 3, ch. 83-24; s. 53,
ch. 2000-171; s. 1, ch. 2001-263; s. 5, ch. 2003-2; s. 1, ch. 2003-126.
257.171 Multicounty libraries.--Units of local government, as defined in s. 165.031(1), may
establish a multicounty library. The Division of Library and Information Services may establish
operating standards and rules under which a multicounty library is eligible to receive state moneys.
For a multicounty library, a local government may pay moneys in advance in lump sum from its
public funds for the provision of library services only. .
History.--s. 4, ch. 83-24; s. 22, ch. 86-163; s. 1, ch. 92-305.
257.172 Multicounty library grants.--
(1) The administrative unit of a multicounty library that serves a population of 50,000 or more, or
has three or more counties, is eligible for an annual grant from the state. The grant funds are to be
used for the support and extension of library service in participating counties. The grant must be
computed by the division on a state matching basis up to $1 million in local expenditures by all
participating counties for operation and maintenance of a library during the second preceding year.
The administrative unit of a multicounty library with:
(a) Two participating counties is eligible for a grant equal to 5 cents on each local dollar of
expenditure.
(b) Three participating counties is eligible for a grant equal to 10 cents on each local dollar of
expenditure.
(c) Four participating counties is eligible for a grant equal to 15 cents on each local dollar of
expenditure.
(d) Five participating counties is eligible for a grant equal to 20 cents on each local dollar of
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expenditure.
(e) Six or more participating counties is eligible for a grant equal to 25 cents on each local dollar
of expenditure.
(2) In addition, the administrative unit of a multicounty library with three or more participating
counties is eligible to receive a base grant of a minimum of $250,000 to support multicounty library
service. That amount may be adjusted by the division based on the percentage change in the state
and local government price deflator for purchases of goods and services, ill items, 1983 equals
100, or successor reports for the preceding calendar year as initially reported by the Bureau of
Economic Analysis of the United States Department of Commerce, as certified by the Florida
Consensus Estimating Conference.
(3) For the purposes of this section, s. 257.21 does not apply.
History.--s. 4, ch. 83-24; s. 59, ch. 85-80; s. 2, ch. 92-305; s. 1, ch. 94-109.
257.18 Equalization grants.--
(1) Any county qualifying for an operating grant is eligible to receive an equalization grant when
the value of 1 mill adjusted to reflect the average statewide level of assessment is below the
median amount for all counties in the state and the per capita local funds expended for library
support during the second preceding year is below the average for all counties. The equalization
factor is computed by subtracting the value of 1 mill adjusted to reflect the average statewide
level of assessment for each county from the average adjusted value of 1 mill for all counties and
then dividing that amount by the average adjusted value of 1 mill for all counties. An equalization
grant is computed by multiplying the equalization factor times the total local funds expended for
library support by that county during the second preceding year and adding that amount to the
actual total local funds expended for library support by that county during the second preceding
year. The result is the adjusted value for the local funds expended for library service. The amount
of the equalization grant is equal to 25 cents of the adjusted value of local funds expended for
library service.
(2) When the adjusted mill equivalent of actual local funds expended for library support by the
county during the second preceding year is above the statewide average adjusted mill equivalent
of actual local funds expended by all counties receiving operating grants, the amount of the
equalization grant is equal to 50 cents of the adjusted value of local funds expended for library
service.
(3) The Division of Library and Information Services shall calculate equalization grants based on
the amount of local funds expended for library service the second preceding year as certified by
the appropriate county officials and information on the level of assessment of property in each
county and the taxable value of property in each county as reported by the state agency authorized
by law, which shall certify the results of such determination to the division.
(4) For the purposes of this section, s. 257.21 does not apply.
History.--s. 6, ch. 61-402; s. 4, ch. 72-353; s. 2, ch. 73-138; s. 5, ch. 83-24; s. 3, ch. 92-305.
257.191 Construction grants.--The Division of Library and Information Services may accept and
administer library construction moneys appropriated to it and shall allocate such appropriation to
municipal, county, and regional libraries in the form of library construction grants on a matching
basis. The local matching portion shall be no less than the grant amount, on adollar-for-dollar
basis, up to the maximum grant amount, unless the matching requirement is waived by s.
288..06561. Initiation of a library construction project 12 months or less prior to the grant award
under this section shall not affect the eligibility of an applicant to receive a library construction
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grant. The division shall adopt rules for the administration of library construction grants. For the
purposes of this section, s. 257.21 does not apply.
History.--s. 4, ch. 73-138; s. 5, ch. 83-24; s. 23, ch. 86-163; s. 2, ch. 2003-126.
257.192 Program grants.--The Division of Library and Information Services is authorized to accept
and administer appropriations for library program grants and to make such grants in accordance
with the Florida long-range plan for library services.
History.--s. 5, ch. 73-138; s. 24, ch. 86-163; s. 5, ch. 2005-207.
257.193 Community Libraries in Caring Program.--
(1) There is created within the Department of State a Community Libraries in Caring Program
(2) The purpose of the Community Libraries in Caring Program is to assist libraries in rural
communities, as defined in s. 288.0656(2)(b) and subject to the provisions of s. 288.06561, to
strengthen their collections and services, improve literacy in their communities, and improve the
economic viability of their communities.
(3) A library under this program is encouraged to demonstrate local or other support for its
services, including monetary contributions, in-kind contributions, or other forms of assistance.
(4) Subject to legislative appropriation, the Division of Library and Information Services within the
Department of State shalt administer the program, which shall facilitate the exchange of ideas and
services between libraries in rural communities and communities in other parts of the state.
(5) The Department of State may adopt rules to administer this section.
History.--s. 1, ch. 2003-275.
257.195 Revenue shortfalls; procedures.--In the event of revenue shortfalls which necessitate
budget reductions during any fiscal year, the total appropriation for library grants from state
sources shall have the same ratable reduction as that applied to the operating funds of the Division
of Library and Information Services or such reduction shall be at the discretion of the Secretary of
State.
History.--s. 4, ch. 92-305.
257.21 Maximum grants allowable.--Any reduction in grants because of insufficient funds shall be
prorated on the basis of maximum grants allowable.
History.--s. 9, ch. 61-402.
257.22 Division of Library and Information Services; allocation of funds.--Any moneys that may
be appropriated for use by a county, a municipality, a special district, or a special tax district for
the maintenance of a library or library service shall be administered and allocated by the Division
of Library and Information Services in the manner prescribed by law. On or before December 1 of
each year, the division shall certify to the Chief Financial Officer the amount to be paid to each
county, municipality, special district, or special tax district, and the Chief Financial Officer shall
issue warrants to the eligible political subdivisions.
History.--s. 10, ch. 61-402; s. 4, ch. 63-39; ss. 10, 35, ch. 69-106; s. 21, ch. 69-353; s. 5, ch. 72-
353; s. 5, ch. 83-24; s. 25, ch. 86-163; s. 3, ch. 2003-126; s. 278, ch. 2003-261.
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257.23 Application for grant.--The board of county commissioners of any county, the chief
executive officer of a municipality, or the governing body of a special district or a special tax
district desiring to receive a grant under the provisions of ss. 257.14-257.25 shall apply therefor to
the Division of Library and Information Services on or before October 1 of 'each year on a form to
be provided by the division. The application shall be signed by the chair of the board of county
commissioners and attested by the clerk of the circuit court or the appropriate officer in a charter
county, by the chief executive officer of a municipality and attested by the clerk of the
municipality, or by the chair of the governing body and attested by the chief financial officer of a
special district or a special tax district. The county, municipality, special district, or special tax
district shall agree to observe the standards established by the division as authorized in s. 257.15.
On or before December 1 each year, the applicant shall certify the annual tax income and the rate
of tax or the annual appropriation for the free library or free library service, and shall furnish such
other pertinent information as the division may require.
History.--s. 11, ch. 61-402; s. 4, ch. 63-39; ss. 10, 35, ch. 69-106; s. 21, ch. 69-353; s. 6, ch. 72-
353; s. 6, ch. 83-24; s. 26, ch. 86-163; s. 152, ch. 95-148; s. 4, ch. 2003-126.
257.24 Use of funds.--State funds allocated to libraries shall be expended only for library
purposes in the manner prescribed by the Division of Library and Information Services. Such funds
shall not be expended for the purchase or construction of a library building or library quarters,
except such funds specifically appropriated for construction purposes as provided in this chapter.
History.--s. 12, ch. 61-402; s. 7, ch. 72-353; s. 6, ch. 73-138; s. 7, ch. 83-24; s. 27, ch. 86-163.
257.25 Free library service.--Free library service shall constitute as a minimum the free lending
of library materials that are made available for circulation and the free provision of reference and
information services.
History.--s. 13, ch. 61-402; s. 7, ch. 83-24.
257.261 Library registration and circulation records.--
(1) All registration and circulation records of every public library, except statistical reports of
registration and circulation, are confidential and exempt from the provisions of s. 119.07(1) and
from s. 24(a) of Art. I of the State Constitution.
(2) As used in this section, the term "registration records" includes any information that a library
requires a patron to provide in order to become eligible to borrow books and other materials, and
the term "circulation records" includes all information that identifies the patrons who borrow
particular books and other materials.
(3)(a) Except in accordance with a proper judicial order, a person may not make known in any
manner any information contained in records made confidential and exempt by this section, except
as otherwise provided in this section.
(b) A library or any business operating jointly with the library may, only for the purpose of
collecting fines or recovering overdue books, documents, films, or other items or materials owned
or otherwise belonging to the library, disclose information made confidential and exempt by this
section to the following:
1. The library patron named in the records;
2. In the case of a library patron less than 16 years of age, the parent or guardian of that patron
named in the records;
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3. Any entity that collects fines on behalf of a library, unless the patron is less than 16 years of
age, in which case only information identifying the patron's parent or guardian may be released;
4. Municipal or county law enforcement officials, unless the patron is 16 years of age, in which
case only information identifying the patron's parent or guardian may be released; or
5. Judicial officials.
(4) Any person who violates this section commits a misdemeanor of the second degree, punishable
as provided in s. 775.082 or s. 775.083.
History.--s. 1, ch. 78-81; s. 1, ch. 89-18; s. 1, ch. 96-220; s. 112, ch. 96-406; s. 1, ch. 2003-13; s.
6, ch. 2003-126.
257.28 Compact.--The Interstate Library Compact is hereby enacted into law and entered into by
this state with all states legally joining therein in the form substantially as follows:
INTERSTATE LIBRARY COMPACT
The contracting states solemnly agree that:
Article I
Because the desire for the services provided by libraries transcends governmental boundaries and
can most effectively be satisfied by giving such services to communities and people regardless of
jurisdictional lines, it is the policy of the states party to this compact to cooperate and share their
responsibilities; to authorize cooperation and sharing with respect to those types of library
facilities and services which can be more economically or efficiently developed and maintained on
a cooperative basis; and to authorize cooperation and sharing among localities, states and others in
providing joint or cooperative library services in areas where the distribution of population or of
existing and potential library resources make the provision of library service on an interstate basis
the most effective way of providing adequate and efficient service.
Article II
As used in this compact:
(a) "Public library agency" means any unit or agency of a local or state government operating or
having power to operate a library.
(b) "Private library agency" means any nongovernmental entity which operates or assumes a legal
obligation to operate a library.
(c) "Library agreement" means a contract establishing an interstate-library district pursuant to this
compact or providing for the joint or cooperative furnishing of library services.
Article III
(a) Any one or more public library agencies in a party state in cooperation with any public library
agency or agencies in one or more other party states may establish and maintain an interstate
library district. Subject to the provisions of this compact and any other laws of the party states
which pursuant hereto remain applicable, such district may establish, maintain and operate some
or all of the library facilities and services for the area concerned in accordance with the terms of a
library agreement therefor. Any private library agenty or agencies within an interstate library
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district may cooperate therewith, assume duties, responsibilities and obligations thereto, and
receive benefits therefrom as provided in any library agreement to which such agenty or agencies
become party.
(b) Within an interstate library district, and as provided by a library agreement, the performance
of library functions may be undertaken on a joint or cooperative basis or may be undertaken by
means of one or more arrangements between or among public or private library agencies for the
extension of library privileges to the use of facilities or services operated or rendered by one or
more of the individual library agencies.
(c) If a library agreement provides for joint establishment, maintenance or operation of library
facilities or services by an interstate library district, such district shall have power to do any one or
more of the following in accordance with such library agreement:
1. Undertake, administer and participate in programs or arrangements for securing, tending or
servicing of books and other publications, any other materials suitable to be kept or made available
by libraries, library equipment or for the dissemination of information about libraries, the value
and significance of particular items therein, and the use thereof.
2. Accept for any of its purposes under this compact any and all donations, and grants of money,
equipment, supplies, materials, and services, (conditional or otherwise), from any state or the
United States or any subdivision or agency thereof, or interstate agenty, or from any institution,
person, firm or corporation, and receive, utilize and dispose of the same.
3. Operate mobile library units or equipment for the purpose of rendering bookmobile service
within the district.
4. Employ professional, technical, clerical and other personnel and fix terms of employment,
compensation, and other appropriate benefits; and where desirable, provide for the inservice
training of such personnel.
5. Sue and be sued in any court of competent jurisdiction.
6. Acquire, hold, and dispose of any real or personal property or any interest or interests therein
as may be appropriate to the rendering of library service.
7. Construct, maintain and operate a library, including any appropriate branches thereof
8. Do such other things as may be incidental to or appropriate for the carrying out of any of the
foregoing powers.
Article IV
(a) An interstate library district which establishes, maintains or operates any facilities or services
in its own right shall have a governing board which shall direct the affairs of the district and act for
it in all matters relating to its business. Each participating public library agenty in the district shall
be represented on the governing board which shall be organized and conduct its business in
accordance with provision therefor in the library agreement. But in no event shall a governing
board meet less often than twice a year.
(b) Any private library agency or agencies party to a library agreement establishing an interstate
library district may be represented on or advise with the governing board of the district in such
manner as the library agreement may provide.
Article V '
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Any two or more state library agencies of two or more of the party states may undertake and
conduct joint or cooperative library programs, render joint or cooperative library services, and
enter into and perform arrangements for the cooperative or joint acquisition, use, housing and
disposition of items or collections of materials which, by reason of expense, rarity, specialized
nature, or infrequency of demand therefor would be appropriated for central collection and shared
use. Any such programs, services or arrangements may include provision for the exercise on a
cooperative or joint basis of any power exercisable by an interstate library district and an
agreement embodying any such program, service, or arrangement shall contain provisions covering
the subjects detailed in Article VI of this compact for interstate library agreements.
Article VI
(a) In order to provide for any joint or cooperative undertaking pursuant to this compact, public
and private library agencies may enter into library agreements. Any agreement executed pursuant
to the provisions of this compact shall, as among the parties to the agreement:
1. Detail the specific nature of the services, programs, facilities, arrangements or properties to
which it is applicable.
2. Provide for the allocation of costs and other financial responsibilities.
3. Specify the respective rights, duties, obligations and liabilities of the parties.
4. Set forth the terms and conditions for duration, renewal, termination, abrogation, disposal of
joint or common property, if any, and all other matters which may be appropriate to the proper
effectuation and performance of the agreement.
(b) No public or private library agency shall undertake to exercise itself, or jointly with any other
library agency, by means of a library agreement any power prohibited to such agency by the
constitution or statutes of its state.
(c) No library agreement shall become effective until filed with the compact administrator of each
state involved, and approved in accordance with Article VII of this compact.
Article VII
(a) Every library agreement made pursuant to this compact shall, prior to and as a condition
precedent to its entry into force, be submitted to the attorney general of each state in which a
public library agency party thereto is situated, who shall determine whether the agreement is in
proper form and compatible with the laws of his or her state. The attorneys general shall approve
any agreement submitted to them unless they shall find that it does not meet the conditions set
forth herein and shall detail in writing addressed to the governing bodies of the public library
agencies concerned the specific respects in which the proposed agreement faits to meet the
requirements of law. Failure to disapprove an agreement submitted hereunder within ninety days
of its submission shall constitute approval thereof.
(b) In the event that a library agreement made pursuant to this compact shall deal in whole or in
part with the provision of services or facilities with regard to which an officer or agency of the
state government has constitutional or statutory powers of control, the agreement shalt, as a
condition precedent to its entry into force, be submitted to the state officer or agency having such
power of control and shall be approved or disapproved by the officer or agency as to all matters
within the jurisdiction of the state officer or agency in the same manner and subject to the same
requirements governing the action of the attorneys general pursuant to paragraph (a) of this
article. This requirement of submission and approval shall be in addition to and not in substitution
for the requirement of submission to an approval by the attorneys general.
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Article VIII
Nothing in this compact or in any library agreement shall be construed to supersede, alter or
otherwise impair any obligation imposed on any library by otherwise applicable law, nor to
authorize the transfer or disposition of any property held in trust by a library agency in a manner
contrary to the terms of such trust. '
Article IX
(a) Any public library agency party to a library agreement may appropriate funds to the interstate
library district established thereby in the same manner and to the same extent as to a library
wholly maintained by it and, subject to the laws of the state in which such public library agency is
situated, may pledge its credit in support of an interstate library district established by the
agreement.
(b) Subject to the provisions of the library agreement pursuant to which it functions and the laws
of the states in which such district is situated, an interstate library district may claim and receive
any state and federal aid which may be available to library agencies.
Article X
Each state shall designate a compact administrator with whom copies of all library agreements to
which the administrator's state or any public library agency thereof is party shall be filed. The
administrator shall have such other powers as may be conferred upon him`or her by the laws of his
or her state and may consult and cooperate with the compact administrators of other party states
and take such steps as may effectuate the purposes of this compact. If the laws of a party state so
provide, such state may designate one or more deputy compact administrators in addition to its
compact administrator.
Article XI
(a) This compact shall enter into force and effect immediately upon its enactment into law by any
two states. Thereafter, it shall enter into force and effect as to any other state upon the
enactment thereof by such state.
(b) This compact shall continue in force with respect to a party state and remain binding upon
such state until 6 months after such state has given notice to each other party state of the repeal
thereof. Such withdrawals shall not be construed to relieve any party to a library agreement
entered into pursuant to this compact from any obligation of that agreement prior to the end of its
duration as provided therein.
Article XII
This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions
of this compact shall be severable and if any phrase, clause, sentence or provision of this compact
is declared to be contrary to the constitution of any party state or of the United States or the
applicability thereof to any government, agency, person or circumstance is held invalid, the
validity of the remainder of this compact and the applicability thereof to any government, agency,
person or circumstance shall not be affected thereby. If this compact shall be held contrary to the
constitution of any state party thereto, the compact shall remain in full force and effect as to the
remaining states and in full force and effect as to the state affected as to,all severable matters.
History.--s. 1, ch. 72-157; s. 153, ch. 95-148.
257.29 Compliance with local laws.--No city, town, county, library system, library district, or
other political subdivision of this state shall be party to a library agreement which provides for the
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construction or maintenance of a library pursuant to Art. III, subdivision (c)7. of the compact,
pledge its credit in support of such a library, or contribute to the capital financing thereof except
after compliance with any laws applicable to such cities, towns, counties, library systems, library
districts, or other political subdivisions relating to or governing capital outlay and the pledging of
credit.
History.--s. 2, ch. 72-157.
257.30 State library agency.--As used in the compact, "state library agency," with reference to
this state, means Florida State Library or agency designated by the Secretary of State.
History.--s. 3, ch. 72-157.
257.31 Appropriations.--An interstate library district lying partly within this state may claim and
be entitled to receive state aid in support of any of its functions to the same extent and in the
same manner as such functions are eligible for support when carried on by entities wholly within
this state. For the purposes of computing and apportioning state aid to interstate library districts
hereinafter to be created, this state will consider that portion of the area which lies within this
state as an independent entity for the performance of the aided function or functions and compute
and apportion the aid accordingly. Subject to any applicable laws of this state, such a district also
may apply for and be entitled to receive any federal aid for which it may be eligible.
History.--s. 4, ch. 72-157.
257.32 Compact administrator.--The Secretary of State shall be the compact administrator
pursuant to Art. X of the compact. The Secretary of State may appoint a deputy compact
administrator pursuant to said article.
History.--s. 5, ch. 72-157.
257.33 Notices.--In the event of withdrawal from the compact, the Secretary of State shall send
and receive any notices required by Art. XI (b) of the compact.
History.--s. 6, ch. 72-157.
257.34 Florida International Archive and Repository.--
(1) There is created within the Division of Library and Information Services of the Department of
State the Florida International Archive and Repository for the preservation of those public records,
as defined in s. 119.011(11), manuscripts, international judgments involving disputes between
domestic and foreign businesses, and all other public matters that the department or the Florida
Council of International. Development deems relevant to international issues. It is the duty and
responsibility of the division to:
(a) Organize and administer the Florida International Archive and Repository.
(b) Preserve and administer records that are transferred to its custody; accept, arrange, and
preserve them, according to approved archival and repository practices; and permit them, at
reasonable times and under the supervision of the division, to be inspected and copied. All public
records transferred to the custody of the division are subject to the provisions of s. 119.07(1).
(c) Assist the records and information management program in the determination of retention
values for records.
(d) Cooperate with and assist, insofar as practicable, state institutions, departments, agencies,
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counties, municipalities, and individuals engaged in internationally related activities.
(e) Provide a public research room where, under rules established by the division, the materials in
the international archive and repository may be studied.
(f) Conduct, promote, and encourage research in international trade, government, and culture-and
maintain a program of information, assistance, coordination, and guidance for public officials,
educational institutions, libraries, the scholarly community, and the general public engaged in such
research.
(g) Cooperate with and, insofar as practicable, assist agencies, libraries, institutions, and
individuals in projects concerned with internationally related issues and preserve original materials
relating to internationally related issues.
(h) Assist and cooperate with the records and information management program in the training
and information program described in s. 257.36(1)(8).
(2) Any agency is authorized and empowered to turn over to the division any record no longer in
current official use. The division may accept such record and provide for its administration and
preservation as provided in this section and, upon acceptance, be considered the legal custodian of
such record. The division may direct and effect the transfer to the archives of any records that are
determined by the division to have such historical or other value to warrant their continued
preservation or protection, unless the head of the agency that has custody of the records certifies
in writin8 to the division that the records must be retained in the agency's custody for use in the
conduct of the regular current business of the agency.
(3) Title to any record transferred to the Florida International Archive and Repository, as
authorized in this chapter, is vested in the division.
(4) The division shall make certified copies under seal of any record transferred to it upon the
application of any person, and the certificates shall have the same force and effect as if made by
the agency from which the record was received. The division may charge a fee for this service
based upon the cost of service.
(5) The division may establish and maintain a schedule of fees for services that may include, but
need not be limited to, restoration of materials, storage of materials, special research services,
and publications.
(6) The division shall establish and maintain a mechanism by which the information contained
within the Florida international Archive and Repository may be accessed by computer via the World
Wide Web. In doing so, the division shall take whatever measures it deems appropriate to ensure
the validity, quality, and safety of the information bein8 accessed.
(7) The division shalt adopt rules necessary to implement this section.
(8) The Florida Council of International Development may select materials for inclusion in the
Florida International Archive and Repository and shall be consulted closely by the division in all
matters relating to its establishment and maintenance.
History.--s. 79, ch. 99-251; s. 35, ch. 2004-335.
257.35 Florida State Archives.--
(1) There is created within the Division of Library and Information Services of the Department of
State the Florida State Archives for the preservation of those public records, as defined in s.
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119.011(11), manuscripts, and other archival material that have been determined by the division to
have sufficient historical or other value to warrant their continued preservation and have been
accepted by the division for deposit in its custody. It is the duty and responsibility of the division
to:
(a) Organize and administer the Florida State Archives.
(b) Preserve and administer such records as shall be transferred to its custody; accept, arrange,
and preserve them, according to approved archival practices; and permit them, at reasonable
times and under the supervision of the division, to be inspected and copied. All public records
transferred to the custody of the division shall be subject to the provisions of s. 119.07(1), except
that any public record or other record provided by law to be confidential or prohibited from
inspection by the public shall be made accessible only after a period of 50 years from the date of
the creation of the record. Any nonpublic manuscript or other archival material which is placed in
the keeping of the division under special terms and conditions, shall be made accessible only in
accordance with such law terms and conditions and shall be exempt from the provisions of s.
119.07(1) to the extent necessary to meet the terms and conditions for a nonpublic manuscript or
other archival material.
(c) Assist the records and information management program in the determination of retention
values for records.
(d) Cooperate with and assist insofar as practicable state institutions, departments, agencies,
counties, municipalities, and individuals engaged in activities in the field of state archives,
manuscripts, and history and accept from any person any paper, book, record, or similar material
which in the judgment of the division warrants preservation in the state archives.
(e) Provide a public research room where, under rules established by the division, the materials in
the state archives may be studied.
(f) Conduct, promote, and encourage research in Florida history, government, and culture and
maintain a program of information, assistance, coordination, and guidance for public officials,
educational institutions, libraries, the scholarly community, and the general public engaged in such
research.
(g) Cooperate with and, insofar as practicable, assist agencies, libraries, institutions, and
individuals in projects designed to preserve original source materials relating to Florida history,
government, and culture and prepare and publish handbooks, guides, indexes, and other literature
directed toward encouraging the preservation and use of the state's documentary resources.
(h) Encourage and initiate efforts to preserve, collect, process, transcribe, index, and research the
oral history of Florida government.
(i) Assist and cooperate with the records and information management program in the training and
information program described in s. 257.36(1)(8).
(2) Any agency is authorized and empowered to turn over to the division any record no longer in
current official use. The division, in its discretion, is authorized to accept such record and, having
done so, shalt provide for its administration and preservation as herein provided and, upon
acceptance, shall be considered the legal custodian of such record. The division is empowered to
direct and effect the transfer to the archives of any records that are determined by the division to
have such historical or other value to warrant their continued preservation or protection, unless
the head of the agency which has custody of the records certifies in writing to the division that the
records shall be retained in the agency's custody for use in the conduct of the regular current
business of the agency.
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(3) Title to any record transferred to the Florida State Archives, as authorized in this chapter,
shall be vested in the division.
(4) The division shall make certified copies under seal of any record transferred to it upon the
application of any person, and said certificates shall have the same force and effect as if made by
the agency from which the record was received. The division may charge a fee for this service
based upon the cost of service.
(5) The division may establish and maintain a schedule of fees for services which shall include, but
not be limited to, restoration of archival materials, storage of archival materials, special research
services, and publications.
(6) The division may establish and maintain as part of the state archives a Florida State
Photographic Collection. The division shall:
(a) Acquire, identify, appraise, arrange, index, restore, and preserve photographs, motion
pictures, drawings, and other iconographic material considered appropriate for preservation.
(b) Initiate appropriate action to acquire, identify, preserve, recover, and restore photographs,
motion pictures, and other iconographic material considered appropriate for preservation.
(c) Provide for an index to the historical photographic holdings of the Florida State Photographic
Collection and the State of Florida.
Any use or reproduction of material deposited with the Florida State Photographic Collection shalt
be allowed pursuant to the provisions of paragraph (1)(b) and subsection (4) provided that
appropriate credit for its use is given.
(7) The division shall promulgate such rules as are necessary to implement the provisions of this
act.
History.--s. 3, ch. 81-173; s. 131, ch. 83-217; s. 45, ch. 86-163; s. 1, ch. 89-63; s. 1, ch. 91-53; s.
6, ch. 91-221; s. 113, ch. 96-406; s. 36, ch. 2004-335.
Note.--Former s. 267.042.
257.36 Records and information management.--
(1) There is created within the Division of Library and Information Services of the Department of
State a records and information management program. It is the duty and responsibility of the
division to:
(a) Establish and administer a records management program directed to the application of
efficient and economical management methods relating to the creation, utilization, maintenance,
retention, preservation, and disposal of records.
(b) Establish and operate a records center or centers primarily for the storage, processing,
servicing, and security of public records that must be retained for varying periods of time but need
not be retained in an agency's office equipment or space.
(c) Analyze, develop, establish, and coordinate standards, procedures, and techniques of
recordmaking and recordkeeping.
(d) Ensure the maintenance and security of records which are deemed appropriate for
preservation.
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(e) Establish safeguards against unauthorized or unlawful removal or loss of records.
(f) Initiate appropriate action to recover records removed unlawfully or without authorization.
(g) Institute and maintain a training and information program in:
1. All phases of records and information management to bring approved and current practices,
methods, procedures, and devices for the efficient and economical management of records to the
attention of all agencies.
2. The requirements relating to access to public records under chapter 119.
(h) Provide a centralized program of microfilming for the benefit of all agencies.
(i) Make continuous surveys of recordkeeping operations. •
(j) Recommend improvements in current records management practices, including the use of
space, equipment, supplies, and personnel in creating, maintaining, and servicing records.
(k) Establish and maintain a program in cooperation with each agency for the selection and
preservation of records considered essential to the operation of government and to the protection
of the rights and privileges of citizens.
(l) Make, or have made, preservation duplicates, or designate existing copies as preservation
duplicates, to be preserved in the place and manner of safekeeping as prescribed by the division.
(2)(a) All records transferred to the division may be held by it in a records center or centers, to be
designated by it, for such time as in its judgment retention therein is deemed necessary. At such
time as it is established by the division, such records as are determined by it as having historical or
other value warranting continued preservation shall be transferred to the Florida State Archives.
(b) Title to any record detained in any records center shall remain in the agency transferring such
record to the division. When the Legislature transfers any duty or responsibility of an agency to
another agency, the receiving agency shall be the custodian of public records with regard to the
public records associated with that transferred duty or responsibility, and shall be responsible for
the records storage service charges of the division. If an agency is dissolved and the legislation
dissolving that agency does not assign an existing agency as the custodian of public records for the
dissolved agency's records, then the Cabinet is the custodian of public records for the dissolved
agency, unless the Cabinet otherwise designates a custodian. The Cabinet or the agency designated
by the Cabinet shall be responsible for the records storage service charges of the division.
(c) When a record held in a records center is eligible for destruction, the•division shall notify, in
writing, by certified mail, the agency which transferred the record. The agency shall have 90 days
from receipt of that notice to respond requesting continued retention or authorizing destruction or
disposal of the record. If the agency does not respond within that time, title to the record shall
pass to the division.
(3) The division may charge fees for supplies and services, including, but not limited to, shipping
containers, pickup, delivery, reference, and storage. Fees shall be based upon the actual cost of
the supplies and services and shall be deposited in the Records Management Trust Fund.
(4) Any preservation duplicate of any record made pursuant to this chapter shalt have the same
force and effect for all purposes as the original record. A transcript, exemplification, or certified
copy of such preservation duplicate shall be deemed, for all purposes, to be a transcript,
exemplification, or certified copy of the original record.
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(5) For the purposes of this section, the term "agency" shall mean any state, county, district, or
municipal officer, department, division, bureau, board, commission, or other separate unit of
government created or established by law. It is the duty of each agency to:
(a) Cooperate with the division in complying with the provisions of this chapter and designate a
records management liaison officer.
(b) Establish and maintain an active and continuing program for the economical and efficient
management of records.
(b) A public record may be destroyed or otherwise disposed of only in accordance with retention
schedules established by the division. The division shall adopt reasonable rules not inconsistent
with this chapter which shall be binding on all agencies relating to the destruction and disposition
of records. Such rules shall provide, but not be limited to:
(a) Procedures for complying and submitting to the division records-retention schedules.
(b) Procedures for the physical destruction or other disposal of records.
(c) Standards for the reproduction of records for security or with a view to the disposal of the
original record.
History.--s. 5, ch. 67-50; ss. 10, 35, ch. 69-106; s. 4, ch. 81-173; s. 24, ch. 83-339; s. 46, ch. 86-
163; s. 8, ch. 95-296; s. 34, ch. 2000-258; s. 15, ch. 2004-335.
Note.--Former s. 267.051.
257.37 Legislative intent.--In enacting this law, the Legislature is cognizant of the fact that there
may be instances where an agency may be microfilming and destroying public records or
performing other records management programs pursuant to local or special acts. The Legislature
is further aware that it may not be possible to implement this chapter in its entirety immediately
upon its enactment, and it is not the legislative intent by this chapter to disrupt the orderly
microfilming and destruction of public records pursuant to such local or special acts above referred
to, provided that such agencies make no further disposition of public records without approval of
the Division of Library and Information Services of the Department of State pursuant to such rules
and regulations as it may establish.
History.--s. 11, ch. 67-50; ss. 10, 35, ch. 69-106; s. 54, ch. 86-163.
Note.--Former s. 267.10.
257.375 Records Management Trust Fund.--There is hereby created within the Division of Library
and Information Services a Records Management Trust Fund which shall consist of fees collected for
records management and archival services. Funds deposited in the Records Management Trust Fund
shall be used to support the programs of the state archives and records and information
management programs.
History.--s. 28, ch. 86-163.
257.38 Manuscripts or other archival material held by local government; public records
exemption.--
(1) A manuscript or other archival material that is donated to and held by an official archive of a
municipality or county contingent upon special terms and conditions that limit the right to inspect
or copy such manuscript or other material, but which manuscript or archival material is not
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otherwise made or received pursuant to law or ordinance or in connection with the transaction of
official business by any governmental agency, is confidential and exempt from s. 119.07(1) and s.
24(a), Art. I of the State Constitution, except as otherwise provided in the special terms and
conditions. However, a manuscript or other archival material received under special terms and
conditions as provided by this section shall be made available for inspection and copying 50 years
after the date of the creation of the manuscript or other archival material, at an earlier date
specified in the special terms or conditions, or upon a showing of good cause before a court of
competent jurisdiction.
(2) Subsection (1) is subject to the Open Government Sunset Review Act of 1995 in accordance
with s. 119.15 and shall stand repeated on October 2, 2009, unless reviewed and saved from repeal
through reenactment by the Legislature.
History.--s. 1, ch. 2004-50.
257.40 Library cooperatives; legislative intent.--It is the intent of the Legislature to meet the
educational and informational needs of the residents of this state by encouraging and assuring
cooperation among libraries of all types for the development of library services. It is the further
intent of the Legislature to foster cooperative programs to meet the needs of state residents which
cannot be met independently by local libraries; to build upon the strength of local libraries and to
augment their resources with regional and statewide services; to maintain local autonomy and to
make cooperation in regional or statewide activities voluntary; and to recognize programs of
cooperation undertaken by libraries and provide for state financial assistance to encourage library
cooperative development.
History.--s. 1, ch. 92-110.
257.41 Library cooperatives; organization; receipt of state moneys.--
(1) Libraries that are under separate governances may establish nonprofit library cooperatives for
the purpose of sharing resources. Library cooperatives shall be constituted of more than one type
of library, including any combination of academic, school, special, state institutional, and public
libraries.
(2) The Division of Library and Information Services of the Department of State shall establish
operating standards and rules under which a library cooperative is eligible to receive state moneys.
The division shall issue a certificate to each library cooperative that meets the standards and rules
established under this subsection.
(3) A library cooperative that receives state moneys under ss. 257.40-257.42 shall file with the
Division of Library and Information Services on or before December 1 of each year a financial
report on its operations and furnish the division with such other information as the division
requires.
History.--s. 2, ch. 92-110; s. 5, ch. 99-238.
257.42 Library cooperative grants.--The administrative unit of a library cooperative is eligible to
receive an annual grant from the state of not more than $400,000 for the purpose of sharing library
resources based upon an annual plan of service and expenditure and an annually updated 5-year,
long-range plan of cooperative library resource sharing. Those plans, which must include a
component describing how the cooperative will share technology and the use of technology, must
be submitted to the Division of Library and Information Services of the Department of State for
evaluation and possible recommendation for funding in the division's legislative budget request.
Grant funds may not be used to supplant local funds or other funds. A library cooperative must
provide from local sources matching cash funds equal to 10 percent of the grant award.
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Statutes & Constitution :View Statutes : flsenate.gov
History.--s. 3, ch. 92-110; s. 1, ch. 96-295.
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257.43 Citizen support organization; use of state administrative services and property; audit.-
(1) CITIZEN SUPPORT ORGANIZATION.--The division may support the establishment of a citizen
support organization to provide assistance, funding, and promotional support for the library,
archives, and records management programs of the division. For the purposes of this section, a
"citizen support organization" means an organization which is:
(a) A Florida corporation not for profit incorporated under the provisions of chapter 617 and
approved by the Department of State.
(b) Organized and operated to conduct programs and activities; raise funds; request and receive
grants, gifts, and bequests of money; acquire, receive, hold, invest, and administer, in its own
name, securities, funds, objects of value, or other property, real or personal; and make
expenditures to or for the direct or indirect benefit of the division or individual program units of
the division.
(c) Determined by the division to be consistent with the goals of the division and in the best
interests of the state.
(d) Approved in writing by the division to operate for the direct or indirect benefit of the division.
Such approval shall be given in a letter of agreement from the division.
(2) USE OF ADMINISTRATIVE SERVICES AND PROPERTY.--
(a) The division may fix and collect charges for the rental of facilities and properties managed by
the division and may permit, without charge, appropriate use of administrative services, property,
and facilities of the division by a citizen support organization, subject to the provisions of this
section. Such use must be directly in keeping with the approved purposes of the citizen support
organization and may not be made at times or places that would unreasonably interfere with
opportunities for the general public to use such facilities for established purposes. Any moneys
received from rentals of facilities and properties managed by the division may be held in the
operating trust fund of the division or in a separate depository account in the name of the citizen
support organization and subject to the provisions of the letter of agreement with the division. The
letter of agreement shall provide that any funds held in the separate depository account in the
name of the citizen support organization shall revert to the division if the citizen support
organization is no longer approved by the division to operate in the best interests of the state.
(b) The division may prescribe by rule any condition with which a citizen support organization shall
comply in order to use division administrative services, property, or facilities.
(c) The division shall not permit the use of any administrative services, property, or facilities of
the state by a citizen support organization which does not provide equal membership and
employment opportunities to all persons regardless of race, color, religion, sex, age, or national
origin.
(3) ANNUAL AUDIT.--The citizen support organization shall provide for an annual financial audit in
accordance with s. 215.981.
History.--s. 6, ch. 2005-207.
Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be
consulted for official purposes. Copyright ®2000-2006 State of Florida.
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