Records Management
Factors Which May Influence the Disposition of Public Records
A. Litigation - When a public agency has been given notice that a potential cause of action is pending or underway, records related to that cause should not be disposed of in any manner regardless of prior approval. The agency's legal counsel should inform the RMLO when the records become eligible for disposition.
B. Public Records Requests - According to Section 119.07(2)(c), F.S., the custodian of a public record may not dispose of a record for a period of 30 days after the date on which a written request requesting the right to inspect, examine, or copy the record was served on or otherwise made to the custodian of the record by the person seeking access to the record. If a civil action is instituted within the 30 day period to enforce the provisions of this section with respect to the requested record, the custodian shall not dispose of the record except by order of a court of competent jurisdiction after notice to all affected parties.
C. Accreditation Standards - Some public Agencies receive national or statewide accreditation or certification by professional societies, organizations, and associations. In an effort to enhance the professionalism of their members, these groups may place heavier burdens on public agencies than those which are mandated under state or federal law. The Bureau of Archives and Records Management issues MINIMUM legal retention periods in its General Records Schedules. Agencies may choose to maintain their records for a longer period of time in order to meet accreditation standards. If, however, a professional society requires a shorter retention period than the Bureau, the General Records Schedule would prevail.
