Florida Statute 119.21 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title X
PUBLIC OFFICERS, EMPLOYEES, AND RECORDS

Chapter 119
PUBLIC RECORDS

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F.S. 119.021

119.021 Custodial requirements; maintenance, preservation, and retention of public records.—

(1) Public records shall be maintained and preserved as follows:

(a) All public records should be kept in the buildings in which they are ordinarily used.

(b) Insofar as practicable, a custodian of public records of vital, permanent, or archival records shall keep them in fireproof and waterproof safes, vaults, or rooms fitted with noncombustible materials and in such arrangement as to be easily accessible for convenient use.

(c)1. Record books should be copied or repaired, renovated, or rebound if worn, mutilated, damaged, or difficult to read.

2. Whenever any state, county, or municipal records are in need of repair, restoration, or rebinding, the head of the concerned state agency, department, board, or commission; the board of county commissioners of such county; or the governing body of such municipality may authorize that such records be removed from the building or office in which such records are ordinarily kept for the length of time required to repair, restore, or rebind them.

3. Any public official who causes a record book to be copied shall attest and certify under oath that the copy is an accurate copy of the original book. The copy shall then have the force and effect of the original.

(2)(a) The Division of Library and Information Services of the Department of State shall adopt rules to establish retention schedules and a disposal process for public records.

(b) Each agency shall comply with the rules establishing retention schedules and disposal processes for public records which are adopted by the records and information management program of the division.

(c) Each public official shall systematically dispose of records no longer needed, subject to the consent of the records and information management program of the division in accordance with s. 257.36.

(d) The division may ascertain the condition of public records and shall give advice and assistance to public officials to solve problems related to the preservation, creation, filing, and public accessibility of public records in their custody. Public officials shall assist the division by preparing an inclusive inventory of categories of public records in their custody. The division shall establish a time period for the retention or disposal of each series of records. Upon the completion of the inventory and schedule, the division shall, subject to the availability of necessary space, staff, and other facilities for such purposes, make space available in its records center for the filing of semicurrent records so scheduled and in its archives for noncurrent records of permanent value, and shall render such other assistance as needed, including the microfilming of records so scheduled.

(3) Agency final orders rendered before July 1, 2015, that were indexed or listed pursuant to s. 120.53, and agency final orders rendered on or after July 1, 2015, that must be listed or copies of which must be transmitted to the Division of Administrative Hearings pursuant to s. 120.53, have continuing legal significance; therefore, notwithstanding any other provision of this chapter or any provision of chapter 257, each agency shall permanently maintain records of such orders pursuant to the applicable rules of the Department of State.

(4)(a) Whoever has custody of any public records shall deliver, at the expiration of his or her term of office, to his or her successor or, if there be none, to the records and information management program of the Division of Library and Information Services of the Department of State, all public records kept or received by him or her in the transaction of official business.

(b) Whoever is entitled to custody of public records shall demand them from any person having illegal possession of them, who must forthwith deliver the same to him or her. Any person unlawfully possessing public records must within 10 days deliver such records to the lawful custodian of public records unless just cause exists for failing to deliver such records.

History.—s. 2, ch. 67-125; s. 3, ch. 83-286; s. 753, ch. 95-147; s. 5, ch. 2004-335; s. 1, ch. 2015-155.

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Amendments to 119.021

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 119.021

Level: Degree
Misdemeanor/Felony: First/Second/Third

S119.021 - PUBLIC ORDER CRIMES - VIOL CUSTODIAL REQ MAINT PRESRV RETAIN PUB REC - M: F

Cases Citing Statute 119.021

Total Results: 14

Tober v. Sanchez

417 So. 2d 1053

District Court of Appeal of Florida | Filed: Jul 27, 1982 | Docket: 1383700

Cited 23 times | Published

maintenance of public records pursuant to Section 119.021, Florida Statutes (1979), may transfer actual

Puls v. City of Port St. Lucie

678 So. 2d 514, 1996 WL 486562

District Court of Appeal of Florida | Filed: Aug 28, 1996 | Docket: 2252692

Cited 9 times | Published

Whether or not the custodian designated under section 119.021 was served with a records request is not germane

Times Publishing Co. v. City of Clearwater

830 So. 2d 844, 30 Media L. Rep. (BNA) 2202, 2002 Fla. App. LEXIS 9414, 2002 WL 1426532

District Court of Appeal of Florida | Filed: Jul 3, 2002 | Docket: 1516802

Cited 6 times | Published

the official records custodian designated by section 119.021, Florida Statutes (2000), was required to review

In Re Amendment to Fla. Rules of Crim.

683 So. 2d 475, 1996 WL 629322

Supreme Court of Florida | Filed: Oct 31, 1996 | Docket: 466119

Cited 5 times | Published

upon the custodian designated pursuant to section 119.021, Florida Statutes, and a copy of that request

Reese v. State

7 So. 3d 651, 2009 Fla. App. LEXIS 3854, 2009 WL 1149447

District Court of Appeal of Florida | Filed: Apr 29, 2009 | Docket: 2554427

Cited 1 times | Published

of his file in January of 2006. Pursuant to section 119.021(2), Florida Statutes (2007),[2] the file was

Smith v. State

174 So. 3d 1077, 2015 Fla. App. LEXIS 13618, 2015 WL 5306184

District Court of Appeal of Florida | Filed: Sep 11, 2015 | Docket: 60250264

Published

closed on October 10, 2003 and [in accord with section 119.021(2)(a), Florida Statutes] the physical file

Ago

Florida Attorney General Reports | Filed: Sep 21, 2011 | Docket: 3256901

Published

Light Company,372 So. 2d 420 (Fla. 1979). 4 Section 119.021(2)(a), Florida Statutes, requires the Division

Ago

Florida Attorney General Reports | Filed: Aug 26, 2009 | Docket: 3255534

Published

Benefit Unit should be delivered, pursuant to section 119.021(4), Florida Statutes, to the records custodian

Ago

Florida Attorney General Reports | Filed: Apr 23, 2009 | Docket: 3256127

Published

implications of the Public Records Law.7 Question Two Section 119.021(2)(a), Florida Statutes, requires the Division

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Florida Attorney General Reports | Filed: Feb 27, 2007 | Docket: 3256694

Published

person who has custody of a public record.5 Section 119.021, Florida Statutes, prescribes the manner in

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Florida Attorney General Reports | Filed: Apr 28, 2005 | Docket: 3258507

Published

Public Records Law. Questions Three and Four Section 119.021(2)(a), Florida Statutes, requires the Division

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Florida Attorney General Reports | Filed: Sep 14, 2004 | Docket: 3256565

Published

Harold M. Paxton, Jr., dated March 19, 1996. Section 119.021, Florida Statutes, provides that the elected

In re Amendment to Florida Rules of Criminal Procedure-Capital Postconviction Public Records Production

673 So. 2d 483, 21 Fla. L. Weekly Supp. 187, 1996 Fla. LEXIS 728, 1996 WL 196697

Supreme Court of Florida | Filed: Apr 25, 1996 | Docket: 64764577

Published

upon the custodian designated pursuant to section 119.021, Florida Statutes, and a copy of that request

Ago

Florida Attorney General Reports | Filed: Nov 19, 1992 | Docket: 3256356

Published

maintained by the individual school board members. Section 119.021, F.S., provides: The elected or appointed