The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Appropriations Subcommittee on Transportation, Tourism, and Economic
Development
BILL: SB 1104
INTRODUCER: Senator Rodriguez
SUBJECT: Division of Library and Information Services
DATE: March 22, 2021 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Candelaria McVaney GO Favorable
2. Wells Hrdlicka ATD Favorable
3. AP
I. Summary:
SB 1104 consolidates and clarifies the responsibilities and duties of the Division of Library and
Information Services (division) within the Department of State, in part to better reflect current
practices.
The bill requires the certification of funds provided to libraries to be given to the Chief Financial
Officer annually – as opposed to by December 1 of each year, as provided under current law.
The bill repeals responsibilities and duties that the division does not currently undertake,
including efforts to preserve, collect, process, transcribe, index, and research the oral history of
Florida government and the preservation of duplicate records. The bill also repeals s. 257.34,
F.S., relating to the creation, duties, and responsibilities of the Florida International Archive and
Repository. The division has adequate authority pursuant to s. 257.35, F.S., relating to the
Florida State Archives, to continue to perform this function.
The bill specifies that the division is responsible for setting standards and guidelines for the
retention, storage, security, and disposal of records and clarifies the division’s specific
responsibilities when records are stored by other agencies in a record center it operates. The bill
also specifies the role and responsibility of an agency’s records management liaison officer.
Related to library cooperative grants, the bill removes the cap of $400,000 on an annual grant
from the state available to the administrative unit of a library cooperative for the purpose of
sharing library resources. With the removal of the statutory cap of $400,000, the bill will have an
indeterminate impact for multitype library cooperatives who seek funds under the library
cooperative grant program.
The bill will take effect on July 1, 2021.
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II. Present Situation:
The Division of Library and Information Services – Allocation of State Funds
State funds allocated to libraries must be expended only for library purposes in the manner
prescribed by the division. Such funds may not be expended for the purchase or construction of a
library building or library quarters except such funds specifically appropriated for construction
purposes.1
The division must establish operating standards under which libraries and library cooperatives
will be eligible to receive state funds.2 The division is required to certify to the Chief Financial
Officer the amount of funds paid to each county, municipality, special district, or special tax
district on or before December 1 of each year.3
The Florida International Archive and Repository and The Florida State Archives
Section 257.34, F.S., establishes the Florida International Archive and Repository within the
division for the preservation of public records,4 including manuscripts, international judgements
involving disputes between domestic and foreign business, and all other public matters that the
Department of State or the Florida Council of International Relations deems relevant to
international issues. The division is charged with:
 Organizing and administering the Florida International Archive and Repository;
 Preserving and administering records that are transferred to its custody;5
 Permitting records to be inspected and copied at reasonable times and under the supervision
of the division;6
 Assisting the records and information management program in the determination of retention
values for records;
 Cooperating with and assisting state institutions, departments, agencies, counties,
municipalities, and individuals engaged in internationally related activities;
 Providing a public research room where, under rules established by the division, the
materials in the international archive and repository may be studied;
 Conducting, promoting, and encouraging research in international trade, government, and
culture and maintaining 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;
 Cooperating with and assisting agencies, libraries, institutions, and individuals in projects
concerned with internationally related issues;
 Preserving original materials relating to internationally related issues; and
1
Section 257.24, F.S.
2
Sections 257.15 and 257.41(2), F.S. Section 257.41(2), F.S., further providing that the division must issue a certificate to
each library cooperative that meets the standards and rules established.
3
Section 257.22, F.S.
4
Public records as defined in s. 119.011, F.S.
5
This includes accepting, arranging, and preserving the records according to approved archival and repository practices.
6
All public records transferred to the custody of the division are subject to the provisions of s. 119.07(1), F.S.
BILL: SB 1104 Page 3
 Assisting and cooperating with the records and information management program in the
training and information program described in s. 257.36(1)(g), F.S.7
Section 257.35, F.S., creates the Florida State Archives within the division for the preservation
of public records,8 manuscripts, and other archival material that have been determined by the
division to have sufficient historical or other value to warrant continued preservation and have
been accepted by the division for deposit in its custody. The division performs similar duties for
the Florida State Archives as it does for the Florida International Archive, including:
 Organizing and administering the Florida State Archives;
 Preserving and administering such records transferred to its custody;9
 Permitting records to be inspected and copied at reasonable times and under the supervision
of the division;
 Assisting the records and information management program in the determination of retention
values for records;
 Cooperating with and assisting state institutions, departments, agencies, counties,
municipalities, and individuals engaged in activities in the field of state archives,
manuscripts, and history;
 Accepting from any person any paper, book, record, or similar material which in the
judgment of the division warrants preservation in the state archives;
 Providing a public research room where, under rules established by the division, the
materials in the state archives may be studied;
 Conducting, promoting, and encouraging research in Florida history, government, and culture
and maintaining 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;
 Cooperating with and assisting agencies, libraries, institutions, and individuals in projects
designed to preserve original source materials relating to Florida history, government, and
culture;
 Preparing and publishing handbooks, guides, indexes, and other literature directed toward
encouraging the preservation and use of the state's documentary resources;
 Encouraging and initiating efforts to preserve, collect, process, transcribe, index, and
research the oral history of Florida government; and
 Assisting and cooperating with the records and information management program in the
training and information program described in s. 257.36(1)(g), F.S.10
Records and Information Management
Section 257.36(1), F.S., creates a records management program within the division. The
program’s purpose is directed to the application of efficient and economical management
methods relating to the creation, utilization, maintenance, retention, preservation, and disposal of
records.11 The division must establish and operate a records center or centers primarily for the
7
Section 257.34(1), F.S.
8
Public records as defined in s. 119.011, F.S.
9
This includes accepting, arranging, and preserving the records according to approved archival practices.
10
Section 257.35(1), F.S.
11
Section 257.36(1)(a), F.S.
BILL: SB 1104 Page 4
storage, processing, servicing, and security of public records that must be retained for varying
periods of time but that are not required to be retained in an agency’s office equipment or
space.12
The division must create retention schedules which govern when public records may be
destroyed or otherwise disposed of.13
Section 257.36(1)(g), F.S., requires the division to institute and maintain a training program in:
(i) all phases of records and information management to bring approved practices to the attention
of all agencies; and (ii) the requirements relating to access to public records under ch. 119, F.S.
Each agency14 has the duty to cooperate with the division in complying with ch. 257, F.S., and
must designate a records management liaison officer. Further, each agency must establish and
maintain an active and continuing program for the economical and efficient management of
records.15
Library Cooperatives and Library Cooperative Grants
The Legislature intended that library cooperative programs be established to augment the local
library resources with regional and statewide services.16 A multitype library cooperative (MLC)
is a not-for-profit corporation, qualified or registered pursuant to ch. 617, F.S., and in good
standing, consisting of two or more libraries under separate governance and of more than one
type, including any combination of academic, school, special, state institution, and public
libraries as required by s. 257.41(1), F.S.17
The administrative unit of a library cooperative is eligible to receive an annual grant (library
cooperative grant) from the state of not more than $400,000 for the purpose of sharing library
resources. Grant funds may not be used to supplant local funds or other funds. Additionally, a
library cooperative must provide from local sources matching cash funds equal to 10 percent of
the grant award.18 Florida’s priority for use of the library cooperative grants and matching funds
is for the purpose of sharing library resources between members of the Florida Library
Information Network.19 Library cooperative grants and local matching funds must be expended
on resource sharing activities and related training, provided services to all Florida Information
Network member libraries.
12
Section 257.36(b), F.S.
13
Section 257.36(6), F.S.
14
Section 257.36(5), F.S., defines “agency,” for purposes of this section, to mean any state, county, district, or municipal
officer, department, division, bureau, board, commission, or other separate unit of government created or established by law.
15
See s. 257.36(5), F.S.
16
Section 257.40, F.S.
17
Department of State, Library Cooperative Grant Guidelines, 2020-2021, at p. 5,
https://dos.myflorida.com/media/702617/cooperativegrantguidelines2020-2021.pdf (last visited March 5, 2020).
18
Section 257.42, F.S.
19
See supra note 18 at p. 1.
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Florida’s five MLCs and their service areas for purpose of the Library Cooperative Grant
Program are as follows:
 NEFLIN - Northeast Florida Library Information Network service area includes: Alachua,
Baker, Bradford, Brevard, Clay, Columbia, Dixie, Duval, Flagler, Gilchrist, Hamilton,
Lafayette, Levy, Madison, Marion, Nassau, Putnam, Seminole, St. Johns, Sumter, Suwannee,
Taylor, Union, and Volusia counties.
 PLAN - Panhandle Library Access Network service area includes: Bay, Calhoun, Escambia,
Franklin, Gadsden, Gulf, Holmes, Jackson, Jefferson, Leon, Liberty, Okaloosa, Santa Rosa,
Wakulla, Walton, and Washington counties.
 SEFLIN - Southeast Florida Library Information Network service area includes: Broward,
Martin, Miami-Dade, and Palm Beach counties.
 SWFLN - Southwest Florida Library Network service area includes: Charlotte, Collier,
Hendry, Lee, and Monroe counties.
 TBLC - Tampa Bay Library Consortium service area includes: Citrus, DeSoto, Glades,
Hardee, Hernando, Highlands, Hillsborough, Indian River, Lake, Manatee, Okeechobee,
Orange, Osceola, Pasco, Pinellas, Polk, Sarasota, and St. Lucie counties.20
III. Effect of Proposed Changes:
Section 1 amends s. 257.22, F.S., to provide that the certification of funds by the division to the
Chief Financial Officer be made annually – as opposed to by December 1 of each year.21 The
Department of State indicates the division currently must provide two certifications to the Chief
Financial Officer. The first is submitted by the statutory deadline of December 1 and contains
estimated grant amounts. The second certification is submitted later and reflects the actual final
grant amounts. Thus, the bill will allow the division to make one certification of funds.
Section 2 repeals s. 257.34, F.S., relating to the creation, duties, and responsibilities of the
Florida International Archive and Repository. The division has adequate authority pursuant to
s. 257.35, F.S., relating to the Florida State Archives, to continue to perform this function.
Section 3 amends s. 257.35, F.S., relating to the Florida State Archives, to eliminate the
requirement that the division encourage and initiate efforts to preserve, collect, process,
transcribe, index, and research the oral history of Florida government. According to the
Department of State, these activities have not been undertaken by the department in the past.22
Section 4 amends s. 257.36, F.S., relating to the records and information management program.
The bill specifies that the requirement related to analyzing, developing, establishing, and
coordinating standard procedures and techniques of record-making and recordkeeping, includes,
but is not limited to, standards and guidelines for retention, storage, security, and disposal of
records.
20
Id. at p. 2.
21
See Department of State, Senate Bill 1570 Agency Legislative Analysis (January 22, 2020) (on file with the Senate
Committee on Governmental Oversight and Accountability).
22
Id.
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This section requires an agency’s records management liaison officer to serve as the primary
point of contact between the agency and the division for records management purposes and to
conduct any records management functions assigned by the agency.
This section also clarifies, in certain instances, the division’s specific responsibilities when
records are stored by other agencies in a storage center operated by the division. This section
repeals provisions related to preservation duplicates; the division will no longer be responsible
for making and storing preservation duplicates of records. The Department of State indicates that
the preservation of duplicates is no longer a function of the division.23
Finally, this section amends provisions related to the destruction of records. Under current law,
the division must notify, by certified mail, the agency that transferred the record to the division
when the record is eligible for destruction. The agency has 90 days to respond to request
continued retention of the record or authorize its destruction or disposal. Nonresponse passes the
title of the record to the division. The bill repeals the requirement that the notice be sent by
certified mail and the time period by which the agency must respond.
Section 5 amends s. 257.42, F.S., to remove the cap of $400,000 on an annual library
coop