(1) Designation Procedure.

Terms Used In Florida Regulations 1B-6.0012

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
    (a) Public and academic libraries in Florida are eligible to apply for designation as depository libraries for state documents. Upon request from the administrator of the library, the Division shall provide Form LIS3E139 R3-15 (http://www.flrules.org/Gateway/reference.asp?No=Ref-06223), “”Application and Agreement for Designation as a Depository for State Publications,”” effective 12/2015, shall be provided by the Division. Form LIS3E139 R3-15 may be obtained from the Division of Library and Information Services, R.A. Gray Building, 500 South Bronough Street, Tallahassee, Florida 32399-0250, and is incorporated herein by reference.
    (b) The completed application form must be signed by the administrator of the requesting library and submitted to the Division director.
    (c) If the application is approved, the signed application will be permanently filed as the official agreement between the designated library and the Division to maintain and service state documents.
    (2) Designation Review.
    (a) All applications received by the Division will be evaluated based upon the criteria set forth below, and the Division director shall notify the applicant of the approval or rejection of the application.
    (b) In the case that an application is rejected, the applicant may appeal the decision to the State Library Council.
    (c) The State Library Council shall review the rejected application and shall submit its recommendation to the Secretary of State.
    (d) The Secretary of State shall make the final decision on all rejected application appeals.
    (3) Criteria for Designation Evaluation.
    (a) The Division director shall evaluate each application based upon the presence and proximity of other depository libraries in the same geographical area; the size, space, and staff available to properly maintain and service the collection; and the geographical distribution of the population to be served.
    (b) Priority will be given to publicly supported libraries.
    (c) It shall be the goal of the Division to designate at least one depository library in each comprehensive planning district, as specified by the Executive Office of the Governor, pursuant to Florida Statutes § 186.006, and thereafter to designate one depository library for each 250,000 people within the planning district. When the population of a comprehensive planning district reaches 1,000,000, one designation will be considered for each 500,000 people above 1,000,000.
    (d) The Division director shall make every effort to designate a new depository library upon the occurrence of a vacancy. Consideration will first be given to libraries in the same geographical area in which the vacancy occurred or to geographical areas not served by a state publications depository library.
    (4) Responsibilities of Depository Libraries.
    (a) Each depository library shall make all public documents conveniently available for free public use. Those libraries designated as receiving two copies of each item and those libraries designated as lending depositories shall make a copy available for interlibrary loan.
    (b) All state publications received under this program, except for those identified by paragraphs (c), (d), (e), (f) and (g) below, must be retained for a period of 5 years. The Division may permit depository libraries to dispose of government publications that they have retained for five (5) years after they first notify the Division.
    (c) Publications of the following types have significant permanent research value and must be permanently retained: annual or biennial reports of agencies and sub-agencies, session laws and statutes, legislative journals, statistical publications covering a period of at least 1 year, and series publications other than newsletters that have monographic titles. If multiple copies of a permanent publication have been received refer to paragraph (h).
    (d) Superseded items, such as draft or interim reports that are followed by a final report and publications that have been revised or updated may be discarded upon receipt of the final or revised publication. Cumulative publications, such as monthly or quarterly reports that are incorporated into an annual report may be discarded on receipt of the cumulated report.
    (e) Newsletters of limited local interest may be discarded after one year.
    (f) U.S. Geological Survey publications received through the program but also received by Federal depository libraries may be discarded after five (5) years.
    (g) Program announcements, news releases, and similar dated materials may be discarded when they are no longer timely.
    (h) Duplicate copies of publications may be discarded. Depository libraries that are designated as receiving two copies may discard the second copy of a publications after five (5) years, but they are still responsible for providing interlibrary loan for all titles.
    (i) Further weeding policies and procedures are addressed by the Division outside of rule.
    (5) Termination of Depository Status.
    (a) Should a library wish to relinquish its designation as a state documents depository library, it shall do so by submitting an official letter of request from the administrator of the designated library to the Division director. This letter shall specify why the library is no longer able to comply with the conditions of designation as agreed to by the library at the time of its designation. The Division director shall review the request, prepare an official response and, if granting the request, give guidance to the closing of the depository. In granting the request, the Division director shall consider the library’s ability to continue to provide space, staff and funding for providing access to state documents. The Division director should also consider the impact of the loss of that designation on citizens’ access to state documents in that area.
    (b) All publications that have been received by the designated library under this program and that fall into the categories for permanent retention, as defined in Fl. Admin. Code R. 1B-6.001(5)(c), must be retained by the designated library or returned to the Division in complete sets. Documents that fall into the categories for permanent retention shall not be selectively discarded.
    (c) Documents not falling into the categories for permanent retention may be discarded and retained or discarded as the designated library so chooses.
    (d) The Division will recognize the designated depository library as having responsibility for the permanent depository collection up to the date of the letter officially granting discontinuance. The Division will recognize a newly designated depository library, should there be one, as the library responsible for the permanent collection after that date. Should the designated depository not wish to retain the permanent collection, all publications referred to in Fl. Admin. Code R. 1B-6.001(5)(c), will be returned to the Division and will become part of a newly designated depository collection.
Rulemaking Authority 257.14 FS. Law Implemented 257.02, 257.04, 257.05 FS. History-New 1-25-16.