Florida Special District Handbook Online

Section 3 - 3: Public Records Retention and Disposition

Special districts, along with state agencies, municipalities, counties, and many other units of government, must comply with Florida's public records laws.

Public records are 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 (see Chapter 119, Florida Statutes - Public Records).

Public records can take many forms, for example:

  • Correspondence
  • Photographs
  • Email
  • Meeting Transcripts
  • Maps
  • Duplicates

However, the following are not public records:

  • Law books
  • Magazines
  • Blank Forms
  • Personal Email

Records Management

Special districts must create a records management program to help the special district maintain and locate records from the time of creation or receipt to final disposition. To accomplish this task, designate a Records Management Liaison Officer (see Section 257.36, Florida Statutes - Records and information management, Paragraph (5)(a)). Suggested Records Management Liaison Officer responsibilities include the following:

  • Serving as the special district's contact with the Department of State, State Library and Archives of Florida
  • Coordinating the special district's records inventory
  • Maintaining retention/disposition forms
  • Coordinating special district records management training
  • Developing records management procedures
  • Participating in the special district's development of electronic record keeping systems
  • Working with the Department of State, State Library and Archives of Florida to establish individual retention schedules for the special district, if necessary.

Retention Schedules

A special district may destroy or dispose of its public records only in accordance with retention schedules established by the Department of State, State Library and Archives of Florida. Special districts must follow General Records Schedule GS1-SL for State and Local Government Agencies External Link (pdf file). The schedule organizes records into a number of "record series."

A record series is a group of related public records that are arranged under a single filing arrangement or kept together as a unit (physically or intellectually) because they:

  • Consist of the same form
  • Relate to the same subject or function
  • Result from the same activity
  • Document a specific type of transaction, or
  • Have some other relationship arising from their creation, receipt, or use

A record series might contain records in a variety of forms and formats that document a particular program, function, or activity of the special district.

The components of a General Schedule Record Series are:

  • Record Series Title - Brief phrase summarizing the form and/or function of the record series
  • Item Number - Identifying number assigned to each record series
  • Description - General description of the records and their purpose and/or how they are used and identifies records that have possible archival value
  • Retention - The minimum period of time the records (copy and duplicates) must be retained before final disposition based on:
    • Anniversary Years
    • Calendar Years
    • Fiscal Years
    • Triggering Events
    • Until obsolete, superseded, or administrative value is lost
    • Permanent

An example of a record series from the General Records Schedule GS1-SL is:

PROJECT FILES: CAPITAL IMPROVEMENT (Item #136)
This record series documents capital improvement projects in progress and/or project proposals sent out for bid. This may include, but is not limited to, correspondence, memoranda, drawings, construction and contract specifications, resolutions, narratives, budget revisions, survey information, change orders, and reports. "Capital Improvements" shall mean improvements to real property (land, buildings, including appurtenances, fixtures and fixed equipment, structures, etc.), that add to the value and extend the useful life of the property, including construction of new structures, replacement or rehabilitation of existing structures (e.g., major repairs such as roof replacement), or removal of closed structures. See also "PROJECT FILES: FEDERAL," "PROJECT FILES: NON-CAPITAL IMPROVEMENT," and "VOUCHERS: FEDERAL PROJECTS PAID."
RETENTION:
a) Record copy. 10 fiscal years after completion of project provided applicable audits have been released.
b) Duplicates. Retain until obsolete, superseded, or administrative value is lost.

Records Disposal

After ensuring that all retention requirements have been satisfied, special districts may dispose of their records. To do this, complete the Records Disposition Document Form. Do not dispose of the record if it involves:

  • Active or anticipated litigation
  • An ongoing or pending audit
  • A public records request within the last 30 days
  • An administrative need to keep it

When physically destroying records, do it in a manner that safeguards the interests of the special district and the safety, security, and privacy of individuals (see Rule 1B-24.003, Florida Administrative Code - Records Retention Scheduling and Disposition - paragraph (10)). Specify the manner of records destruction when documenting disposition. When possible, recycle the material.

If the records contain information that is confidential or exempt from disclosure, make sure it is destroyed in such a way that it cannot practicably be read, reconstructed, or recovered. Do not bury confidential or exempt records since burying does not ensure complete destruction or unauthorized access. Examples of appropriate methods of destruction include the following:

  • Paper records - include burning, pulverizing, shredding, or macerating
  • Electronic records - shredding, crushing, incineration; high-level overwriting, and degaussing or demagnetizing
  • Other non-paper media (such as audio tape, video tape, microforms, photographic films, etc.) - pulverizing, shredding, and chemical decomposition and recycling

Annual Compliance Statement

Once a year, special districts must submit to the Department of State, State Library and Archives of Florida, a signed statement attesting to the special district's compliance with records disposition laws, rules, and procedures. For more information, see Rule 1B-24.003, Florida Administrative Code - Records Retention Scheduling and Disposition - paragraph (11). The Department of State will send the required form to each special district's designated Records Management Liaison Officer or records custodian in early November of each year. Each special district must complete and return it by December 31 of that year to the address indicated on the form.