- What is the definition of a Public Record ?
Section 119.011(12), 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 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."
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- How long must an agency keep a Public Record ?
Section 119.021(2), F.S., states that the Division of Library and Information Services of the Florida Department of State "shall establish a time period for the retention or disposal of each series of records." Only the Division has this authority. Public agencies should consult the Division's publications to determine the retention period for specific public records.
The Division publishes General Records Schedules applicable to various governmental entities or functions. There are schedules for most professions including medical providers, educators, and law enforcement officers. There are also schedules for elected officials including supervisors of elections, tax collectors, clerks of court, and property appraisers. The Division has also created schedules for use by every public agency that addresses the retention periods for common records such as payroll and personnel. These schedules feature the names, descriptions, and retention periods for hundreds of different record series.
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- What are General Records Schedules and how can my agency obtain copies of them?
General Records Schedules provide minimum retention periods for categories of records that are likely to be maintained by a large number of agencies. The General Records Schedule for State and Local Government Agencies (GS1-SL) provides minimum retention periods for public records that are common to all public agencies, such as personnel files, payroll records, correspondence files, financial records, and legal records. Other general records schedules (GS2 through GS15) apply to common program records of specific types of agencies or functions such as tax collectors, property appraisers, supervisors of elections, hospitals, educational institutions, and public libraries; the unique programmatic responsibilities of these agencies results in unique retention requirements. Public agencies should use any applicable GS2 through GS15 general schedules in conjunction with the GS1-SL to cover as many administrative and program records as possible.
The retention periods set forth in the general records schedules are based on a combination of federal and state laws, general administrative practices, and fiscal management principles. Please keep in mind that these are MINIMUM retention periods. Public agencies may maintain their records longer at their own discretion. For instance, certain accreditation committees might have standards which require longer retention periods for certain records. Contact your accrediting organization for more information on their requirements. Remember that a public agency is not permitted to reduce the retention periods stated in a general records schedule. If you feel your agency should not be required to keep records as long as required by a general records schedule, your RMLO will need to submit a Request for Records Retention Schedule (Form LS5E105Rev.2-09) to the Division providing a recommended retention and a justification for the shorter retention.
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- I have reviewed the General Records Schedules which pertain to my agency and cannot find a particular record series. What do I do?
Although each agency may use different terminology in classifying or naming its records, the Division uses common or standardized titles in the General Records Schedules. The first step in locating a particular record series is to check under any closely related titles. For example, if you are searching for the retention period for hiring records, check under such similar terms as "employment," "personnel," "applications," and "search committee."
If you are confident that the record is not represented in a General Records Schedule, check with your agency's Records Management Liaison Officer to determine if your agency has already scheduled these records on an agency individual records schedule. If not, your RMLO will need to submit a Request for Records Retention Schedule (Form LS5E105Rev.2-09) to the Division.
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- What is a Records Management Liaison Officer?
Every agency is required to appoint a Records Management Liaison Officer (RMLO) to serve as the primary point of contact between the agency and the Division's records management program (257.36(5)(a), Florida Statutes).
To appoint an RMLO, an agency needs to submit an appointment form 
Word (76KB) or 
PDF(126KB) to the Division under signature of the records custodian indicating who the RMLO for the agency will be. Because the RMLO is in close contact with the Division, he or she will be an important source of information about Division policies and procedures within your agency.
The RMLO might perform a variety of records management functions as assigned by the records custodian, including inventorying agency records; working with the Division to establish new records retention schedules and to ensure the appropriate disposition of records eligible for destruction; training and advising agency staff in records management practices; participating in agency decision-making for issues such as microfilming, imaging, storage, and disposal; responding to public questions regarding agency records and records management practices; and reporting annually to the Division regarding the agency's compliance with records management statutes and rules.
For more on the responsibilities of the RMLO, please see the handbook "The Basics of Records Management" (129KB PDF). Please contact us for additional information.
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Records Management Liaison Officer Appointment Form - Word (76KB) or PDF(126KB)
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- What are the RMLO's responsibilities?
Florida law does not require that an RMLO be a full time employee, nor does the law define the scope of the RMLO's responsibilities. Florida Statutes Chapter 257 simply states that public agencies must "[e]stablish and maintain an active and continuing program for the economical and efficient management of records." To ensure that this requirement is met, the Division recommends that the records custodian assign the RMLO to conduct activities such as inventorying agency records; working with the Division to establish new records retention schedules and to ensure the appropriate disposition of records eligible for destruction; training and advising agency staff in records management practices; participating in agency decision-making for issues such as microfilming, imaging, storage, and disposal; responding to public questions regarding agency records and records management practices; and reporting annually to the Division regarding the agency's compliance with records management statutes and rules.
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- Does the Division offer records management training, consultation, or instructional materials?
The Division of Library and Information Services offers a series of 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, we will gladly send a representative to visit your agency for training or consulting services. For additional information on these services, please contact the Division at (850)245-6746 or e-mail us at RMTraining@dos.myflorida.com
The Division also publishes handbooks on records management-related topics such as files management, micrographics, and electronic records.
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- How does an agency go about destroying public records? Is there a preferred method of destruction?
Public records can be destroyed or otherwise disposed of only in accordance with retention schedules established by the Division. 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 until 30 days after the last public records request.
Rule 1B-24.003(10), Florida Administrative Code, indicates methods of destruction "in a manner that safeguards the interests of the state and the safety, security, and privacy of individuals." An agency may choose to recycle, shred, incinerate, or bury these documents. Vendors are available throughout the state to handle these functions on your behalf. The Division cannot recommend a particular vendor and cautions all public agencies to thoroughly investigate each option. Special consideration must be given to ensuring the secure destruction of records of a sensitive, confidential, or exempt nature, as the public agency remains responsible for these documents until their final destruction and may, therefore, be liable if confidential information is leaked by a vendor.
Many firms offer tours of their facilities, client references, and contractual assurances which guarantee the security of the record until its final disposition. In addition, some firms will send a certificate of destruction to your RMLO providing proof of the final disposition. These certificates should be retained by your agency along with your records disposition documentation as back-up or supporting material.
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- Do we need approval from the Division to destroy public records that have met their retention requirements?
No. Agencies are not required to submit requests for disposition of public records to the Division. However, agencies are still required to ensure that all records are properly scheduled and have met all retention requirements before disposing of them.
In addition, agencies are required to maintain internal documentation of records dispositions. Rule 1B-24.003(9), Florida Administrative Code, requires that, "Prior to records disposition, an agency must ensure that retention requirements have been satisfied. For each record series being disposed of, agencies shall identify and document the following: 1. Records retention schedule number; 2. Item number; 3. Record series title; 4. Inclusive dates of the records; 5. Volume in cubic feet for paper records; for electronic records, record the number of bytes and/or records and/or files if known, or indicate that the disposed records were in electronic form; and 6. Disposition action (manner of disposition) and date." For your convenience, a recommended Records Disposition Document is available on the Publications & Forms page.
Agencies are not required to document the disposition of records with a retention of "Retain until obsolete, superseded or administrative value is lost" (OSA) except for records that have been microfilmed or scanned as part of a retrospective conversion project in accordance with Rules 1B-26.0021 or 1B-26.003, F.A.C., where the microfilm or electronic version will serve as the record (master) copy.
Finally, agencies are required to submit to the Division an annual Compliance Statement certifying that they have maintained and disposed of public records in accordance with established records retention schedules and statutory and regulatory requirements. Florida Administrative Code Rule 1B-24.003(11) states: "Each agency shall submit to the Division, once a year, a signed statement attesting to the agency's compliance with records management laws, rules, and procedures."
It is important that your agency return the Compliance Statement, as the Division is required to report to the Governor and Legislature annually on records management compliance. To make the process as simple as possible, once a year the Division will send your agency a brief form to complete and return. The form will ask you for three simple pieces of information: 1) if your agency had conducted certain activities reflecting compliance with records management requirements; 2) the quantity of public records destroyed in the past fiscal year; and 3) what, if any, needs your agency has for records management training or assistance. You will also be asked to provide updated RMLO information for your agency.
For more information on disposition of public records, see the "Records Disposition Document" document available on the Publications & Forms page and our Records Retention Scheduling and Disposition page.
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- Does our agency have to document disposition of records that are not destroyed?
Yes. Disposition of public records should be documented as discussed above (see question #9) whether the records are destroyed, reformatted to microfilm or digital format and the originals destroyed, or transferred to another Florida government agency.
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- Are there penalties for non-compliance with Chapters 119 & 257 of the Florida Statutes?
Section 119.10(1), F.S., states that "[a]ny public officer who violates any provision of this chapter commits a non-criminal infraction, punishable by fine not exceeding $500.00." Section 119.10(2), F.S., states that "[a]ny 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." Third degree felonies are punishable by a fine of up to $5,000.00 and/or up to 5 years in prison (for habitual felony offenders, up to 10 years in prison).
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- What are the other possible problems associated with non-compliance?
The establishment of an active and continuing records and information management program will provide public agencies with substantial cost-savings, thus allowing the agency to allocate more funds for critical service programs. If excess money is poured into managing records beyond their retention period, fewer funds will be available for other program needs.
The proper scheduling and disposition of records also provides a professional audit trail that is beneficial during litigation. Initially this audit trail demonstrates your knowledge of and dedication to the protection of the public's constitutional right of access. In addition, controversial documents are more likely to be located by opposing counsel when records are maintained longer than legally required. Opposing counsel have also been known to use a public agency's lack of organization and management to their advantage. For example, the case could be made that, since a public agency chose not to practice appropriate methods of scheduling and disposition, it cannot be trusted to provide for the public's right of access or for the competent storage and retrieval of records. This contention could be extended to argue that a public agency that cannot control its paper records probably cannot control its electronic records either. These examples illustrate the need for a quality records and information management program.
Finally, government employees work in a highly scrutinized environment or "fish bowl." The press and public are quick to respond to allegations of fraud, abuse, and mismanagement in government. Public agencies have an opportunity to avoid or minimize these perils and pitfalls by establishing a secure, well-managed records program. In fact, proper records and information management can create a positive environment ripe with public relations opportunities.
