HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.
![handle is hein.sag/sagfl0036 and id is 1 raw text is: Florida Attorney General
Advisory Legal Opinion
Number: INFORMAL
Date: March 9, 2010
Subject: Supervisor of Elections, municipal election records
The Honorable Lester Sola
Miami-Dade County Supervisor of Elections
2700 Northwest 87th Avenue
Miami, Florida 33172
Dear Mr. Sola:
You have asked for assistance in determining the appropriate custodian of records of
municipal elections conducted by your office on behalf of 35 municipalities located
within Miami-Dade County. You state that your office is contracted by the
municipalities to schedule and conduct the elections, as well as tabulate results.
The local supervisor is the municipal clerk and the local elections are certified by
municipal boards. You have no question regarding your responsibility to retain
records of all federal, state, and county elections conducted by your office, but
question whether the records for municipal elections should be returned to the
respective municipality once the election process is completed and the municipality
would maintain such records.
You have asked the Florida Records Storage Center for guidance and been advised that
its rules do not address your concerns and directed to contact the Division of
Elections (DE). That agency (DE), while noting that the ability to transfer the
records to another agency depends upon a determination of who was the actual
custodian of such records, advised that you seek guidance from this office. The DE
noted that if you were merely performing the legwork of the election, i.e., operating
the machines, signing in voters, etc., with the election being conducted under the
auspices of the municipality, then it could be that the municipality is the
custodian of the records.
It would appear that ultimately the determination of whether you or the municipality
is the custodian of the election records depends upon whether you have been delegated
the function of conducting the election, and such a determination would depend upon
the terms of the contract between you and the municipality. This office has no
authority to resolve mixed questions of fact and law. In order to be of assistance,
however, the following general comments are offered.
Florida's Public Records Law, Chapter 119, Florida Statutes, makes records made or
received in connection with the transaction of official business by any agency open
for public inspection, unless a statute exempts such records or makes the records
confidential.[1] Agency is defined to include:
[Alny state, county, district, authority, or municipal officer, department,
division, board, bureau, commission, or other separate unit of government created or
established by law . . . and any other public or private agency, person, partnership,
corporation, or business entity acting on behalf of any public agency.[2] (e.s.)
Section 119.021, Florida Statutes, sets forth the custodial requirements for the
maintenance, preservation, and retention of public records. For purposes of Chapter
119, Florida Statutes, [c]ustodian of public records is defined as the elected or
appointed state, county, or municipal officer charged with the responsibility of
maintaining the office having public records, or his or her designee. Thus, Chapter
119, Florida Statutes, dictates the responsibilities of the custodian of public
records.](ViewImageLocal?handle=hein.sag/sagfl0036&div=1&collection=&method=preview&ext=.png&size=3)