MEMORANDUM 

 

TO: District Managers and Secretaries 

 

FROM: Kutak Rock LLP 

 

DATE: March 25, 2024 

 

RE: Public Records 

 

 

Recently, we have seen some confusion regarding who is the person ultimately responsible for the 
maintenance of a special district’s (“District”) public records and performing the associated duties. 
The purpose of this memorandum is to clarify the roles of the person(s) responsible for maintaining 
public records. In addition, it provides a form and process for a) the District’s Secretary to designate 
a designee under section 119.011(5), Florida Statutes, and b) the Secretary to appoint a Records 
Management Liaison Officer under section 257.36(5)(a), Florida Statutes. 

 

It is important to note the distinction between the Secretary and the Records Management Liaison 
Officer. While the Records Management Liaison Officer has some duties related to public records, the 
Records Management Liaison Officer reports to the Secretary, and the Secretary has the ultimate 
responsibility for the District’s public records. 

 

Records Custodian 

Rule 1.1(2) of the standard Rules of Procedure provided by Kutak Rock provides that the Secretary is 
the District’s official Custodian of Public Records. The Secretary is often an employee of the district 
manager, but sometimes it can be a board member or another person. 

 

The definition of “Custodian of Public Records” in section 119.011(5), F.S., requires the Custodian of 
Public Records of a District to be an elected or appointed officer charged with the responsibility of 
maintaining the office having public records, or his or her designee. Because the Custodian of Public 
Records must be an elected or appointed officer, a district management company cannot be designated 
as a Custodian of Public Records. Further, should the Secretary designate someone else under section 
119.011(5), F.S., such a designation may not relieve the Secretary of the statutory obligation and so 
such designations should be carefully considered. With that said, it may make sense for the Secretary 
to appoint a designee to be listed as the Custodian of Public Records in standard contract language 
designed to direct public records requests to the appropriate employee of the district manager. 

 

Records Management Liaison Officer 

Section 257.36(5)(a), Florida Statutes, requires a District to designate a “Records Management Liaison 
Officer.” The standard records retention resolution provided by Kutak Rock provides that the “Records 
Custodian,” as defined therein, appoints the Records Management Liaison Officer. Specifically, it 
provides: 

 


SECTION 1. The District hereby authorizes the District’s records custodian to 
appoint a Records Management Liaison Officer and report such appointment to the appropriate 
State of Florida agencies. A Records Management Liaison Officer shall be an employee of the 
District or the District Manager. The Board, and the District’s records custodian, shall each 
have the individual power to remove the Records Management Liaison Officer at any time for 
any reason. Immediately following the removal or resignation of a Records Management 
Liaison Officer, the District’s records custodian shall appoint a replacement Records 
Management Liaison Officer. 

SECTION 2. The duties of the Records Management Liaison Officer shall include the 
following: 

A. serve as the District’s contact with the Florida Department of State, State Library and 
Archives of Florida; and 

B. coordinate the District’s records inventory; and 

C. maintain records retention and disposition forms; and 

D. coordinate District records management training; and 

E. develop records management procedures consistent with the below Records Retention 
Policy, as amended; and 

F. participate in the development of the District’s development of electronic record 
keeping systems; and 

G. submit annual compliance statements; and 

H. work with the Florida Department of State, State Library and Archives of Florida to 
establish individual retention schedules for the District, from time to time and as may be 
necessary; and 

I. such other duties as may be assigned by the Board or the District’s records custodian 
in the future. 

 

Form and Process 

Historically, there has not been a formal process to document the Secretary’s designation of a designee 
under section 119.011(5), F.S., or to document the Secretary’s appointment of a Records Management 
Liaison Officer to the Board. To remedy this, we have provided a simple form for the Secretary to 
complete which is attached as Exhibit A hereto. We recommend the following below process. 

 

Records Custodian 

1. The Secretary identifies if there is a need to appoint a designee under section 
119.011(5), F.S., and if so, who that designee should be. 
2. If there is a need, the Secretary completes the first paragraph of Exhibit A and fills in 
the name of the designee in the second paragraph of Exhibit A. 
3. The Secretary then signs the form and includes it in the next agenda under manager’s 
report as an informational item only, as no Board vote is required. 
4. The same process is completed each time a designee is removed or replaced. 


 

Records Management Liaison Officer 

1. The Secretary identifies the person who will be appointed the Records Management 
Liaison Officer under section 257.36(5)(a), F.S. 
2. The Secretary completes the first paragraph of Exhibit A and fills in the name of the 
Records Management Liaison Officer in the third paragraph of Exhibit A. 



3. The Secretary then signs the form and includes it in the next agenda under manager’s 
report as an informational item only, as no Board vote is required. 
4. The same process is completed each time a Records Management Liaison Officer is 
removed or replaced. 


 

Please contact us with any questions. 

 

 


EXHIBIT A 

 

DESIGNATIONS BY SECRETARY RELATED TO PUBLIC RECORDS 

 

 

 

I, __________________, as Secretary of the ____________________________________ District 
(“District”) Board of Supervisors, hereby make the following designation and/or appointment: 

 

 

 

 

______________________________________ is designated as a custodian of public records for the 
District under section 119.011(5), Florida Statutes. Any prior designation of a designee by a 
Secretary is hereby rescinded. 

 

 

AND/OR 

 

 

_____________________________________ is appointed as the District’s Records Management 
Liaison Officer under section 257.36(5)(a), Florida Statutes. Any prior appointment of a Records 
Management Liaison Officer by a Secretary is hereby rescinded. 

 

 

 

 

 ____________________________________ 

 Printed Name:________________________ 

 Secretary, District Board of Supervisors 

 

 Date:_______________________________