Florida Statute 257.36 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XVIII
PUBLIC LANDS AND PROPERTY

Chapter 257
PUBLIC LIBRARIES AND STATE ARCHIVES

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F.S. 257.36

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.

(d) Ensure the maintenance and security of records which are deemed appropriate for preservation.

(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) Make continuous surveys of recordkeeping operations.

(i) Recommend improvements in current records management practices, including the use of space, equipment, supplies, and personnel in creating, maintaining, and servicing records.

(j) 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.

(k) 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 shall 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.

(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.

(6) 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.

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; s. 5, ch. 2015-117.

Note.—Former s. 267.051.

F.S. 257.36 on Google Scholar

F.S. 257.36 on Casetext

Amendments to 257.36

Arrestable Offenses / Crimes under Fla. Stat. 257.36

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 257.36.

Annotations, Discussions, Cases:

Cases Citing Statute 257.36

Total Results: 20

Ago

Court: Florida Attorney General Reports | Date Filed: 2009-04-23

Snippet: or disposal of each series of records.9 Section 257.36(6), Florida Statutes, provides that a "public record

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Court: Florida Attorney General Reports | Date Filed: 2004-09-14

Snippet: 021(1)(c)2., see s. 5, Ch. 04-335, supra. 5 See s. 257.36(6), Fla. Stat., which provides that "[a] public

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Court: Florida Attorney General Reports | Date Filed: 2004-04-30

Snippet: Department of State in accordance with s. 257.36."4 Section 257.36(6), Florida Statutes, states that a "public

Ago

Court: Florida Attorney General Reports | Date Filed: 1998-08-28

Snippet: consent of the division in accordance with section 257.36, Florida Statutes. Thus, as provided above, expungement

Ago

Court: Florida Attorney General Reports | Date Filed: 1996-05-15

Snippet: division in accordance with section 257.36, Florida Statutes. Section 257.36(6), Florida Statutes, directs

Ago

Court: Florida Attorney General Reports | Date Filed: 1995-01-25

Snippet: inspection and copying of public records. 4 See, s. 257.36(5), Fla. Stat. (1993), defining "agency" to mean

Ago

Court: Florida Attorney General Reports | Date Filed: 1994-09-07

Snippet: retention by the division. Pursuant to section 257.36(7), Florida Statutes, "[n]o record shall be destroyed

Ago

Court: Florida Attorney General Reports | Date Filed: 1987-05-26

Snippet: for disposition of public records. See also, s. 257.36(5)-(7), F.S. (1986 Supp.). It is, therefore, my

Ago

Court: Florida Attorney General Reports | Date Filed: 1986-10-28

Snippet: Department of State in accordance with s. 257.36; and s.257.36(7), F.S., as amended by s. 46, Ch. 86-163

Davis v. Strople

Court: Supreme Court of Florida | Date Filed: 1949-03-11

Citation: 39 So. 2d 468, 1949 Fla. LEXIS 1296

Snippet: Hamilton-Brown Shoe Co. v. Wolf Bros. Co., 240 U.S. 251, 257, 36 S.Ct. 269, 271, 60 L.Ed. 629. "The denial of a

Standard Fertilizer Co. v. State Ex Rel. Groves

Court: Supreme Court of Florida | Date Filed: 1937-12-10

Citation: 177 So. 548, 130 Fla. 350, 1937 Fla. LEXIS 854

Snippet: Chancery." In Futch, etc., v. Adams, etc., 47 Fla. 257, 36 So. 575, this Court held in effect that: A statutory

Tippins v. Belle Mead Development Corp.

Court: Supreme Court of Florida | Date Filed: 1935-12-10

Citation: 188 So. 787, 136 Fla. 373, 1935 Fla. LEXIS 919

Snippet: 4960-4962, C.G.L. 1927. Futch v. Adams, 47 Fla. 257, 36 So. 575; Williams v. Black, 73 Fla. 309,74 So.

Milam v. Davis

Court: Supreme Court of Florida | Date Filed: 1929-05-28

Citation: 123 So. 668, 97 Fla. 916

Snippet: of the statute by it. Futch v. Adams, 47 Fla. 257, 36 So. R. 575. The majority opinion rests upon the

City of West Palm Beach v. Ryder

Court: Supreme Court of Florida | Date Filed: 1917-03-05

Citation: 73 Fla. 558, 74 So. 603

Snippet: for equitable relief.” Futch v. Adams, 47 Fla. 257, 36 South. Rep. 575. As we held in Johns v. Bowden

Williams v. Black

Court: Supreme Court of Florida | Date Filed: 1917-02-09

Citation: 73 Fla. 309, 74 So. 312

Snippet: the entry of appeal.” Futch v. Adams, 47 Fla. 257, 36 South. Rep. 575. Also see Mitchell v. Mason, 61

Charlotte Harbor & Northern Railway Co. v. Lancaster

Court: Supreme Court of Florida | Date Filed: 1915-07-13

Citation: 70 Fla. 200

Snippet: South. Rep. 521; Futch v. Adams Bros., 47 Fla. 257, 36 South. Rep. 575; Mitchell v. Mason, 61 Fla. 692

Porter v. Taylor

Court: Supreme Court of Florida | Date Filed: 1912-06-15

Citation: 64 Fla. 100

Snippet: equitable relief. See Futch v. Adams Bros., 47 Fla. 257, 36 South. Rep. 575; Thompson v. Maxwell, 16 Fla. 773;

Key West Wharf & Coal Co. v. Porter

Court: Supreme Court of Florida | Date Filed: 1912-01-15

Citation: 63 Fla. 448

Snippet: 50 South. Rep. 754; Futch v. *480Adams, 47 Fla. 257, 36 South Rep. 575; Lindsley v. McIver, 51 Fla. 463

Mitchell v. Mason

Court: Supreme Court of Florida | Date Filed: 1911-01-15

Citation: 61 Fla. 692

Snippet: appeal therefrom. Futch v. Adams Bros., 47 Fla. 257, 36 *694South. Rep. 575; Dekle v. Barkley, 48 Fla.

Roberts v. Cypress Lake Naval Stores Co.

Court: Supreme Court of Florida | Date Filed: 1909-06-15

Citation: 58 Fla. 514

Snippet: 112, 25 South. Rep. 284; Futch v. Adams, 47 Fla. 257, 36 South. Rep. 575; Lindsley v. McIver, 51 Fla. 463