Florida Senate - 2015                                     SB 434
       By Senator Detert
       28-00600-15                                            2015434__
    1                        A bill to be entitled                      
    2         An act relating to public libraries; amending s.
    3         257.015, F.S.; defining the terms “depository library”
    4         and “state publication”; amending s. 257.02, F.S.;
    5         revising the composition and duties of the State
    6         Library Council; amending s. 257.04, F.S.; revising
    7         the powers and duties of the Division of Library and
    8         Information Services of the Department of State;
    9         requiring the division to coordinate with the Division
   10         of Blind Services of the Department of Education to
   11         provide certain services; authorizing the division to
   12         issue electronic information; amending s. 257.05,
   13         F.S.; providing legislative findings; revising
   14         provisions regarding the delivery and distribution of
   15         publications; requiring specified entities in state
   16         government to designate a state publications liaison;
   17         removing the definition of the term “public document”;
   18         revising the duties of the division with respect to
   19         the management of the State Publications Program;
   20         amending s. 257.36, F.S.; removing a provision
   21         requiring the division to provide a centralized
   22         microfilming program for state agencies; amending ss.
   23         257.105, 283.31, and 286.001, F.S.; conforming
   24         provisions to changes made by the act; providing an
   25         effective date.
   27  Be It Enacted by the Legislature of the State of Florida:
   29         Section 1. Section 257.015, Florida Statutes, is amended to
   30  read:
   31         257.015 Definitions.—As used in this chapter, the term:
   32         (1) “Department” means the Department of State.
   33         (2) “Depository library” means a library that has been
   34  designated as a depository for receiving state publications in
   35  accordance with s. 257.05(3).
   36         (3)(2) “Division” means the Division of Library and
   37  Information Services of the Department of State.
   38         (4)(3) “Secretary” means the Secretary of State.
   39         (5)(4) “State Librarian” means the person appointed by the
   40  secretary as the director of the Division of Library and
   41  Information Services pursuant to s. 257.031.
   42         (6)“State publication” means a publication created under
   43  the authority of or at the total or partial expense of a state
   44  official, state department, state board, state court, or state
   45  agency, or that is required to be publicly distributed pursuant
   46  to state law. The term includes a publication containing
   47  information about the state and its government which is
   48  culturally and historically significant to researchers and the
   49  general public. The term does not include a publication that is
   50  created only for internal use of a state official, state
   51  department, state board, state court, or state agency.
   52         Section 2. Section 257.02, Florida Statutes, is amended to
   53  read:
   54         257.02 State Library Council.—
   55         (1) There shall be a State Library Council to advise and
   56  assist the division with planning, policy, and priorities
   57  related to the development of statewide information services of
   58  Library and Information Services on its programs and activities.
   59  The council shall consist of nine members who shall be appointed
   60  by the Secretary of State. Of the nine members, three members
   61  must represent Florida public libraries, two members must
   62  represent the Florida Academic Library Services Cooperative, one
   63  member must represent a multitype library cooperative, one
   64  member must represent a school library media center, one member
   65  must represent the Independent Colleges and Universities of
   66  Florida, and at least one member must represent a Florida
   67  library professional association, at least one must represent a
   68  Florida archive professional association, at least one must
   69  represent a Florida records management professional association,
   70  and at least one must be a person who is not, and has never
   71  been, employed in a library or in teaching library science
   72  courses. Members shall be appointed for 4-year terms. A vacancy
   73  on the council shall be filled for the period of the unexpired
   74  term. A No person may not be appointed to serve more than two
   75  consecutive terms as a member of the council. The secretary of
   76  State may remove from office any council member for malfeasance,
   77  misfeasance, neglect of duty, incompetence, permanent inability
   78  to perform official duties, or pleading guilty or nolo
   79  contendere to, or being found guilty of, a felony.
   80         (2) Members of the council shall serve without compensation
   81  or honorarium but are shall be entitled to receive reimbursement
   82  for per diem and travel expenses as provided in s. 112.061. The
   83  council shall meet at the call of its chair, at the request of a
   84  majority of its membership, at the request of the division, or
   85  at such times as may be prescribed by its rules.
   86         (3) The Secretary of State may, in making appointments,
   87  consult Florida’s library, archival, or records management
   88  community and related statewide associations and organizations
   89  for suggestions as to persons having special knowledge and
   90  interest concerning libraries.
   91         (3)(4) The officers of the State Library Council shall be a
   92  chair, elected from the members thereof, and the State
   93  Librarian, who shall serve without voting rights as secretary of
   94  the council.
   95         Section 3. Section 257.04, Florida Statutes, is amended to
   96  read:
   97         257.04 Publications, pictures, and other documents received
   98  to constitute part of State Library; powers and duties of
   99  Division of Library and Information Services.—
  100         (1) All books, pictures, documents, publications, and
  101  manuscripts received through gifts, purchase, or exchange, or on
  102  deposit from any source for the use of the state, shall
  103  constitute a part of the State Library and shall be placed
  104  therein for the use of the public under the control of the
  105  division of Library and Information Services of the Department
  106  of State. The division may receive gifts of money, books, or
  107  other property which may be used or held for the purpose or
  108  purposes given; and it may purchase books, periodicals,
  109  furniture, and equipment as it deems necessary to promote the
  110  efficient operation of the service it is expected to render to
  111  state officials, employees, and the public.
  112         (2) The division may, upon request, give aid and
  113  assistance, financial, advisory, or otherwise, to all school,
  114  state institutional, academic, free, and public libraries, and
  115  to all communities in the state which may propose to establish
  116  libraries, as to the best means of establishing and
  117  administering libraries, selecting and cataloging books, and
  118  other facets of library management.
  119         (3) The division shall maintain a library for state
  120  officials and employees, especially of informational material
  121  pertaining to the phases of their work, and provide for them
  122  material for general reading and study.
  123         (4) The division shall maintain and provide research and
  124  information services for all state agencies.
  125         (5) The division shall make all necessary arrangements to
  126  coordinate with the Division of Blind Services of the Department
  127  of Education to provide library services to the blind and
  128  physically handicapped persons of the state.
  129         (6) The division may issue printed material and electronic
  130  information, such as lists and circulars of information, and in
  131  the publication thereof may cooperate with state library
  132  commissions and libraries of other states in order to secure the
  133  more economical administration of the work for which it is
  134  formed. The division It may conduct courses of library
  135  instruction and hold librarians’ institutes in various parts of
  136  the state.
  137         (7) The division shall perform such other services and
  138  engage in any other activity, not contrary to law, that it may
  139  think appropriate in the development of library service to state
  140  government, to the libraries and library profession of the
  141  state, and to the citizens of the state.
  142         Section 4. Section 257.05, Florida Statutes, is amended to
  143  read:
  144         257.05 State Publications Program Public documents;
  145  delivery to, and distribution by, division.—
  146         (1) The Legislature finds that the State Publications
  147  Program increases accessibility to culturally and historically
  148  significant information about the state and its government for
  149  researchers and the general public through the distribution of
  150  state publications to depository libraries throughout the state.
  151         (2) Each state official, state department, state board,
  152  state court, or state agency:
  153         (a) Shall furnish its state publications to the division
  154  for distribution to depository libraries throughout the state
  155  upon the publication’s release in accordance with division rule.
  156         (b) Shall designate a state publications liaison. Upon
  157  designation of a liaison, a state official, state department,
  158  state board, state court, or state agency shall provide the
  159  division with the liaison’s name and contact information. Each
  160  state publications liaison shall maintain a list of his or her
  161  respective entity’s state publications and furnish the list to
  162  the division as updated or by December 31 of each year The term
  163  “public document” as used in this section means any document,
  164  report, directory, bibliography, rule, newsletter, pamphlet,
  165  brochure, periodical, or other publication, whether in print or
  166  nonprint format, that is paid for in whole or in part by funds
  167  appropriated by the Legislature and may be subject to
  168  distribution to the public; however, the term excludes
  169  publications for internal use by an executive agency as defined
  170  in s. 283.30.
  171         (2)(a) Each state official, state department, state board,
  172  state court, or state agency issuing public documents shall
  173  furnish the Division of Library and Information Services of the
  174  Department of State 35 copies of each of those public documents,
  175  as issued, for deposit in and distribution by the division.
  176  However, if the division so requests, as many as 15 additional
  177  copies of each public document shall be supplied to it.
  178         (b) If any state official, state department, state board,
  179  state court, or state agency has fewer than 40 copies of any
  180  public document, it shall supply the division with 2 copies of
  181  each such public document for deposit in the State Library.
  182         (c) By December 31 of each year, any state official, state
  183  department, state board, state court, or state agency issuing
  184  public documents shall furnish to the division a list of all
  185  public documents, including each publication that is on the
  186  agency’s website, issued by the official, department, board,
  187  court, or agency during that calendar year.
  188         (c)(d)Shall, if having charge of their distribution,
  189  furnish the division with As issued, daily journals and bound
  190  journals of each house of the Legislature, as issued; slip laws
  191  and bound session laws, both general and special; and Florida
  192  Statutes and supplements thereto shall be furnished to the
  193  division by the state official, department, or agency having
  194  charge of their distribution. The number of copies furnished
  195  shall be determined by requests of the division, which number in
  196  no case may exceed 35 copies of the particular publication.
  197         (3) It is the duty of the division to:
  198         (a) Manage the State Publications Program.
  199         (b) Designate university, college, and public libraries as
  200  depository libraries for state publications depositories for
  201  public documents and to designate certain of these depositories
  202  as regional centers for full collections of public documents. A
  203  depository library must maintain state publications in a form
  204  that is convenient and accessible to the public. The division
  205  shall be the official repository for state publications.
  206         (c)(b)Create a distribution Provide a system to provide of
  207  distribution of the copies of state publications to depository
  208  libraries furnished to it under subsection (2) to such
  209  depositories.
  210         (d)(c)Create Publish a periodic bibliography for the State
  211  Publications Program of the publications of the state.
  213  The division may exchange copies of state publications public
  214  documents for those of other states, territories, and countries.
  215  Depositories receiving public documents under this section shall
  216  keep them in a convenient form accessible to the public.
  217         Section 5. Paragraph (h) of subsection (1) of section
  218  257.36, Florida Statutes, is amended, and present paragraphs (i)
  219  through (l) of subsection (1) are redesignated as paragraphs (h)
  220  through (k), respectively, to read:
  221         257.36 Records and information management.—
  222         (1) There is created within the Division of Library and
  223  Information Services of the Department of State a records and
  224  information management program. It is the duty and
  225  responsibility of the division to:
  226         (h) Provide a centralized program of microfilming for the
  227  benefit of all agencies.
  228         Section 6. Section 257.105, Florida Statutes, is amended to
  229  read:
  230         257.105 State publications Public documents; copies to
  231  Library of Congress.—Any state official or state agency, board,
  232  commission, or institution having charge of state publications
  233  hereinafter named is authorized and directed to furnish the
  234  Library of Congress in Washington, D.C., upon requisition from
  235  the Library of Congress, up to three copies of the journals of
  236  both houses of the Legislature; volumes of the Supreme Court
  237  Reports; volumes of periodic reports of Cabinet officers; and
  238  copies of reports, studies, maps, or other publications by
  239  official boards or institutions of the state, from time to time,
  240  as such are published and are available for public distribution.
  241         Section 7. Section 283.31, Florida Statutes, is amended to
  242  read:
  243         283.31 Records of executive agency publications.—Each
  244  agency shall maintain a record of any state publication, as
  245  defined in s. 257.05, the printing of which costs in excess of
  246  the threshold amount provided in s. 287.017 for CATEGORY THREE,
  247  at least part of which is paid for by state funds appropriated
  248  by the Legislature. Such record shall also contain the
  249  following: written justification of the need for such
  250  publication, purpose of such publication, legislative or
  251  administrative authority, sources of funding, frequency and
  252  number of issues, and reasons for deciding to have the
  253  publication printed in-house, by another agency or the
  254  Legislature, or purchased on bid. In addition, such record shall
  255  contain the comparative costs of alternative printing methods
  256  when such costs were a factor in deciding upon a method. The
  257  record of the corporation operating the correctional industry
  258  printing program shall include the cost of materials used, the
  259  cost of labor, the cost of overhead, the amount of profit made
  260  by the corporation for such printing, and whether the state
  261  agencies that contract with the corporation for printing are
  262  prudently determining the price paid for such printing.
  263         Section 8. Subsections (2) and (4) of section 286.001,
  264  Florida Statutes, are amended to read:
  265         286.001 Reports statutorily required; filing, maintenance,
  266  retrieval, and provision of copies.—
  267         (2) With respect to reports statutorily required of
  268  agencies or officers within the executive, legislative, or
  269  judicial branches of state government, the State Board of
  270  Education, the Board of Governors of the State University
  271  System, or the Public Service Commission, it is the duty of the
  272  division, in addition to its duties under s. 257.05, to:
  273         (a) Regularly compile and update bibliographic information
  274  on such reports for distribution as provided in paragraph (b).
  275  Such bibliographic information may be included in the
  276  bibliographies prepared by the division pursuant to s. 257.05(3)
  277  s. 257.05(3)(c).
  278         (b) Provide for at least quarterly distribution of
  279  bibliographic information on reports to:
  280         1. Agencies and officers within the executive, legislative,
  281  and judicial branches of state government, the State Board of
  282  Education, the Board of Governors of the State University
  283  System, and the Public Service Commission, free of charge; and
  284         2. Other interested parties upon request properly made and
  285  upon payment of the actual cost of duplication pursuant to s.
  286  119.07(1).
  287         (4) Nothing in This section may not shall be construed to
  288  waive or modify the requirement in s. 257.05(2) pertaining to
  289  the provision of copies of state publications public documents
  290  to the division.
  291         Section 9. This act shall take effect July 1, 2015.