II. Regulatory Mandates
- Chapter 257, Florida Statutes vests in the Division of Library and Information Services the authority to oversee the records management functions of state and local government agencies. Specifically, it requires the Village to:
a. Cooperate with the division in complying with the provisions of the Chapter, designate the Records Manage‐ ment Liaison Officer (RMLO) for the Village, and for the Village to submit the approved form or letter to the Division of Library and Information Services notifying the division as to the Village’s RMLO.
b. Establish and maintain an active and continuing program for the economical and efficient management of records.
a. A public record as defined in Chapter 119 are all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, texts, Facebook entries, twitter, emails 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 agency business.
b. The Florida Supreme Court further defined public records in Shevin v. Byron, Harless, Schaffer, Reid, and Associates, 379 So. 2d 633 (Fla. 1980), where the Court ruled that a public record is any material prepared in connection with official agency business which is intended to perpetuate, communicate, or formalize knowledge of some type. Therefore, any document meeting the above criteria set forth by the Court is a public record regardless of whether it is in final form or is designated by the agency as a “draft,” “working copy,” or “preliminary version.” If an agency has circulated a “draft” for review, comment, or informational purposes, that draft is a public record.
3. If an employee has a question as to whether a public record is exempt from production, the Village Attorney shall advise the employee as to whether the record should be produced.