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Frequently Asked Questions on Public RecordsFrequently Asked Questions on Public Records 1. What is the definition of a Public Record? Section 119.011(11), F.S., defines "public records" as "all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business by any agency." 2. What is a Records Management Liaison Officer? Section 257.36(5)(a), F.S., requires that each public agency designate a Records Management Liaison Officer to work in conjunction with the State Library and Archives of Florida. This title is usually abbreviated and referred to as an RMLO. Each public agency should notify the State Library and Archives of Florida in writing when the RMLO's name, address, or telephone number changes. Please contact the State Library and Archives of Florida at (850) 245-6746 or recmgtLdos.state.flus for additional information on your agency's RMLO. The State Library and Archives of Florida will send out an RMLO Update Sheet to each agency once a year. It will accompany the Compliance Statement. 3. What are the RMLO's responsibilities? Florida law does not require the RMLO to be a full-time employee, nor does the law define the scope of the RMLO's responsibilities. Section 257.36(5)(b), F.S., simply states that public agencies must "establish and ,..-~, maintain an active and continuing program for the economical and efficient management of records." To ensure that this requirement is met, the State Library and Archives of Florida has developed a minimum set of responsibilities for the RMLO. The RMLO's primary task is to manage the flow of paperwork from his or her agency to the State Library and Archives of Florida. In addition, the RMLO should expect to train other agency personnel, provide guidance on using the General Records Schedules, and participate in the decision-making process for issues such as microfilming, imaging, storage, and disposal. Furthermore, the State Library and Archives of Florida may refer telephone callers to an agency's RMLO. In these instances, the public is generally seeking clarification on internal matters which an outsider, such as the .State Library and Archives of Florida, cannot answer. 4. How long must an agency keep a Public Record? Section 119.021(2)(a), F.S., states that the State Library and Archives of Florida of the Department of State "shall adopt rules to establish retention schedules and a disposal process for public records." Only the State Library and Archives of Florida has this authority. Public agencies should consult the State Library and Archives of Florida's records management publications to determine the retention period for specific public records. The State Library and Archives of Florida publishes General Records Schedules applicable to various governmental entities or functions. There are schedules for most governmental types, including law enforcement, hospitals, public educational institutions, clerks of the court, and public utilities. The State Library and Archives of Florida has also created a new schedule for use by every public agency, which addresses the retention periods for administrative records such as payroll and personnel. This schedule (GS 1-SL) features the names, descriptions, and retention periods for hundreds of different record series. The effective date for the GSI-SL is November 1, 2006. A complete listing of all general schedules is as follows: GS1-SL State and Local Government Agencies GS2 Law Enforcement, Correctional Facilities and District Medical Examiners GS3 Election Records GS4 Public Hospitals, Health Care Facilities and Medical Providers GSS Universities and Community Colleges GS7 Public Schools Pre-K-12, Adult and Vocational/Technical GS8 Fire Departments GS9 State Attorneys GS10 Public Defenders GS11 Clerks of Court GS12 Property Appraisers GS13 Tax Collectors GS14 Public Utilities GS15 Public Libraries 5. How can my agency obtain copies of the General Records Schedules? These schedules are available on the State Library and Archives of Florida's Web site at httu:-'/dlis.dos.state.tl.us;'R.ecordsMan.a~~ers. If your agency does not have Internet access, you can request them by calling the State Library and Archives of Florida at (850) 245-6746, or by faxing a written request to (850) 245-6643. 6. I have reviewed the General Records Schedules which pertain to my agency and cannot find a particular record. What do I do? Since each agency uses different terminology in classifying or naming its records, the State Library and Archives of Florida has standardized the titles within the General Records Schedules. The first step in locating a particular record would be to check under any closely related titles. For example, if you are searching for the retention period of hiring records, check under such similar terms as "employment," "personnel," "human resources," "applications," and "selection process." , If you are confident that the record is not represented in a General Records Schedule, then your agency's Records Management Liaison Officer will need to submit a Records Retention Schedule (Form LSSEIOSREff.-1-01) to the State Library and Archives of Florida. Copies of this form and directions for its completion can be downloaded from the Internet (address contained in Question #5), or may be obtained by calling or faxing the State Library and Archives of Florida. Directions are also located in the Basics of Records Management Handbook, which is also located on the State Library and Archives of Florida's Web site. 7. Does the State Library and Archives of Florida offer training seminars or publish "how-to" manuals? Yes, the State Library and Archives of Florida does offer annual training seminars and specialty workshops around the state. Notice of each seminar is sent to the agency RMLO, although any member of the staff is welcome to attend. In addition to these workshops, the State Library and Archives of Florida offers the service of sending a representative to an agency's office for compliance level training or consultation. For additional information on these services, please contact the State Library and Archives of Florida at (850) 245-6746 or recmgSa~cios.state.fl.us. The State Library and Archives of Florida also publishes handbooks on records management-related topics such as basics of records management, file maintenance, microfilming, vital records, and electronic ~""' recordkeeping. These and other publications are available via the Internet, or by calling, faxing, or e- mailing the State Library and Archives of Florida. 8. How does an agency go about destroying public records? Rule 1 B-24.003(10), Florida Administrative Code states that "prior to records disposition, an agency must ensure that retention requirements have been satisfied. The minimum requirements for each records disposition is the identification and documentation of the following: (a) Schedule number; (b) Item number; (c) Record series title; (d) The inclusive dates; and (e) The volume in cubic feet. A public record may be destroyed or otherwise disposed of only in accordance with retention schedules established by the [State Library and Archives of FloridaJ. Photographic reproductions or reproductions through electronic recordkeeping systems may substitute for the original or paper copy, per Section 92.29, F.S. Minimum standards for image reproduction shall be in accordance with Rules 1B-26.0021 and 1B-26.003, Florida Administrative Code." Your agency may proceed with disposition, provided that all outstanding audit issues and litigation have been resolved and that no public records requests were received for those records in the last 30 days. If these conditions have not been met, your agency will need to hold the records until all issues are satisfied. Records may not be destroyed unti130 days after the last public records request. Rule 1B-24.003(11), F.A.C., states that "each agency shall submit to the [State Library and Archives of Florida], once a year, a signed statement attesting to the agency's compliance with records disposition laws, rules, and procedures." The statement will be initiated by the State Library and Archives of Florida. 9. Is there a preferred method of destruction? No. Florida law does not specify an "approved" method for the destruction of public records. An agency may choose to recycle, shred, incinerate, or bury documents in awell-managed landfill. Vendors are available throughout the state to handle these functions on your behalf. The State Library and Archives of Florida cannot recommend a particular vendor, and cautions all public agencies to thoroughly investigate each option. It is recommended, however, that special consideration be given to records of a sensitive, confidential, or exempt nature. After all, the public agency remains responsible and liable for these documents until their final destruction. Many vendors will provide tours of their facilities, client references, and contractual assurances which guarantee the security of the record until its final disposition. In addition, some may send a certificate of destruction to the agency, thus providing proof of the final disposition. These certificates should be retained by the RMLO and attached to the Records Disposition Document as back-up or supporting material. 10. What are the penalties for non-compliance with Chapters 119 and 257 of the Florida Statutes? Section 119.10(1), F.S., states, "Any public officer who: (a) Violates any provision of this chapter commits a noncriminal infraction, punishable by fine not exceeding $500. (b) Knowingly violates the provisions of s. 119.07(1) is subject to suspension and removal or impeachment and, in addition, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083." Section 119.10(2), F.S., states, "Any person who willfully and knowingly violates: (a) Any of the provisions of this chapter commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (b) Section 119.105 commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084."