Embed Size (px)
Citation preview
FLORIDA COURT CLERKS & COMPTROLLERS
NEW CLERK ACADEMY
- Technology and Reporting –
Thursday, May 8, 2014
Records/Evidence
Retention and Destruction
Greg Harrell – Marion County Clerk of Circuit Court
Janette Smith – Lee County Clerk of Circuit Court
Records Retention and Destruction
Records Retention and
Destruction – Fundamentals
What is a
record?
What is records
management?
What is records
retention?
What is records
destruction?
What is a record?
Court Record
Court Administrative Record
Official Record
Public Record
What is the difference?
Life Cycle of a Record
Image Source: Florida Records Management Session 1
PowerPoint May 2013
What is records management?
Records management seeks to
control and manage records
throughout their life cycle, from their
creation through active use, inactive
storage, and final disposition.
What is records retention?
In accordance with Florida Statutes
119.07-119.0714
Retention rules regulating all records
held by the Clerk of Court, the final
disposition begins the clock for the
required records retention period. This
means that all records, regardless of
access provisions, must be scheduled
before disposition can occur.
What is records destruction?
Florida Administrative Code states:
1B-24.003(10) Agencies shall ensure that
all destruction of records is conducted in
a manner that safeguards the interests of
the state and the safety, security, and
privacy of individuals.
Methods of records destruction
Paper Records containing information that is
confidential or exempt from disclosure, appropriate destruction methods include burning in an industrial incineration facility
Electronic Records Physical destruction of storage media such
as by shredding, crushing, or incineration
Non-paper media (i.e., audio tapes, video tapes, ) pulverizing, shredding, and chemical
decomposition/recycling
F.A.C. 1B-24.003(10)
Regulations for Records
Retention and Destruction
Regulations for Records
Retention and Destruction
GS1-SL – State and Local Government Agencies
GS-11 – General Records Schedule for Clerks
Florida Statute 28.24(12)(e)(1) – Court Records Ownership
Florida Statute 28.30 – Electronic Recordkeeping System
Florida Statute 257.36 – Records Management Program
Florida Statute 257.36(5)(a) – Records Management Liaison Officer (RMLO)
Rules of Judicial Administration 2.236
- FCTC
Rules of Judicial Administration 2.430
– Court Records Retention Rules
Rules of Judicial Administration 2.440
– Judicial Branch Administrative
Records Retention
Regulations for Records Retention and Destruction
Florida Administrative Code – 1B-24
Florida Administrative Code – 1B-26
Regulations for Records Retention and Destruction
Benefits of Records Management,
Retention, and Destruction
Benefits of records management and
adherence to retention schedules:
Space and cost savings (storage is expensive)
Reduced expenses for filing equipment
Increased efficiency of information retrieval
Compliance with records retention requirements
Identification and protection of vital records
Control over creation of new records
Identification of historical records
Liabilities
If you have the record, it must be
provided (subject to regulatory
exemptions).
If a record has met retention, but it was
not destroyed those records must be
maintained in accordance with new
retention schedules.
To keep or destroy… that is the
question!
According to Gartner:
In six months, March 2013 – September 2013
Gartner received over 1,900 inquiries from their
clients regarding "information management" or
"information governance”.
Best Practices for Data Retention and Policy Creation Will Lower Costs and Reduce Risks (Alan
Dayley, Debra Logal, Garth Landers) – April 21, 2014
To keep or destroy… that is the
question!
According to Gartner:
Data retention policies based on value, risk and
compliance requirements are gaining
significance …the antiquated thought process of
just adding more storage is not the answer, as it
is too costly and burdensome, especially over
time.
Best Practices for Data Retention and Policy Creation Will Lower Costs and Reduce Risks (Alan
Dayley, Debra Logal, Garth Landers) – April 21, 2014
To keep or destroy… that is the
question!
According to Gartner: Information governance is starting to expand
beyond the traditional litigation and regulatory retention requirements (for risk and cost control) into possible business value propositions… which [has] finally broken through the ingrained mentality that many had about storage being "inexpensive" and that it was easier to simply keep information than to delete it, or that search technology would allow enterprises to forgo the effort and expense of organizing themselves and devoting resources to governance.
Best Practices for Data Retention and Policy Creation Will Lower Costs and Reduce Risks (Alan
Dayley, Debra Logal, Garth Landers) – April 21, 2014
EVIDENCE STORAGE AND
DISPOSITION/DESTRUCTION
Background
Exhibits received into evidence during a
court proceeding become the responsibility
of the Clerk.
This responsibility includes:
-maintaining a chain of custody for
the evidence;
- storing the evidence; and, ultimately,
-disposing of or destroying the
evidence.
EVIDENCE STORAGE
Evidence rooms:
-vault;
-climate controlled; and
-fire suppression system.
Exclusive control of authorized
employees.
EVIDENCE STORAGE
Dual verification
Weights and counts
Evidence tracking system
Original packaging
Security sealed envelopes for drugs &
money
Handguns
Biohazards
EVIDENCE STORAGE
Inventories and Audits:
-every six months;
-random monthly sampling;
-external involvement.
DISPOSITION/DESTRUCTION
OF CIVIL EVIDENCE
Civil evidence
disposition/destruction is to be
done in accordance with:
Fla. Stat. § 28.213; and
Fla. R. Jud. Admin.
2.430(f)(2).
DISPOSITION/DESTRUCTION
OF CIVIL EVIDENCE
Fla. Stat. § 28.213
The clerk may dispose of items
of physical evidence which have
been held as exhibits in excess of
3 years in cases on which no
appeal, or collateral attack, is
pending or can be made.
DISPOSITION/DESTRUCTION
OF CIVIL EVIDENCE Fla. R. Jud. Admin. 2.430(f)(2)
All civil exhibits shall be retained by the
clerk until 90 days after a judgment has become
final. If an exhibit is not withdrawn pursuant to
Rule 2.430(g) within 90 days, the clerk may
destroy or dispose of the exhibits after giving the
parties or their attorneys 30 days’ notice of the
clerk’s intention to do so. Exhibits shall be
delivered to any party or attorney of record calling
for them during the 30-day time period.
DISPOSITION/DESTRUCTION OF
CIVIL EVIDENCE
Notice of Intent to Dispose of or Destroy
Exhibits
DISPOSITION/DESTRUCTION
OF CRIMINAL EVIDENCE
Fla. Stat. § 705.105(1)
Title to unclaimed evidence or unclaimed
tangible personal property lawfully seized
pursuant to a lawful investigation in the
custody of the court or clerk from a criminal
proceeding or seized as evidence by and in
the custody of a law enforcement agency
shall vest permanently in the law enforcement
agency 60 days after the conclusion of the
proceeding.
DISPOSITION/DESTRUCTION
OF CRIMINAL EVIDENCE
Criminal evidence disposition/
destruction is to be done in
accordance with:
Fla. Stat. § 28.213; and
Fla. R. Jud. Admin.
2.430(f)(1).
DISPOSITION/DESTRUCTION
OF CRIMINAL EVIDENCE
Fla. Stat. § 28.213
The clerk may dispose of items
of physical evidence which have
been held as exhibits in excess of
3 years in cases on which no
appeal, or collateral attack, is
pending or can be made.
DISPOSITION/DESTRUCTION
OF CRIMINAL EVIDENCE
Fla. R. Jud. Admin. 2.430(f)(1)
Exhibits in criminal proceedings shall
be disposed of as provided by law.
DISPOSITION/DESTRUCTION
OF CRIMINAL EVIDENCE
Notice of Intent to Dispose of or
Destroy Exhibits
Petition for Order Authorizing the
Disposal or Destruction of
Evidence
Proposed Order
DISPOSITION/DESTRUCTION
OF CRIMINAL EVIDENCE
DNA evidence – Fla. Stat. § 925.11
Weapons/Firearms – Fla. Stat. §
790.08
Controlled substances - Fla. Stat.
§ 893.12
Hazardous materials
Gambling-related evidence
Sale of Evidence Past Retention
Pursuant to Fla. Stat. § 28.213, items
of evidence having a monetary value
which are designated for removal by
the clerk shall be sold and the
revenue placed in the clerk’s general
revenue fund.
Petition to Sell Unclaimed Evidence
Legislative Update
Due to timing constraints, handouts will be
provided
Additional questions can also be directed to the
presenters via email:
Greg Harrell – [email protected]
Janette Smith – [email protected]
