What is the Florida public records retention schedule for state and local agencies?

The primary schedule for state and local government agencies is the General Records Schedule GS1-SL, adopted by the Department of State. It sets the minimum retention period for broad categories of records. Agencies must keep records at least as long as the schedule requires and may keep them longer.

Can a Florida agency destroy public records whenever it wants?

No. Section 119.021(2)(a), Florida Statutes, requires agencies to follow retention schedules adopted by the Department of State. An agency that destroys records outside those schedules violates the Public Records Act.

What happens if a Florida agency destroyed records I requested?

Destruction of records outside a valid retention schedule is a violation of Chapter 119 and may give rise to a civil claim. If you have a pending request, contact the agency in writing and ask for the applicable retention schedule and when the records were destroyed. Document the destruction date and compare it to the schedule.

Does a public records request stop an agency from destroying records?

Yes, in part. Section 119.07(1)(h), Florida Statutes, requires an agency to extend the retention period for a record by at least 30 days when a requester contests the agency's determination that the record is not public. The agency cannot destroy a disputed record while the dispute is open.

How do I find out which retention schedule applies to the records I want?

Ask the agency. You can also search the retention schedules published by the Florida Department of State, Division of Library and Information Services. The General Records Schedule GS1-SL covers most routine state and local agency records. Agency-specific schedules cover specialized record types.

Are text messages covered by Florida retention schedules?

Yes, when sent or received in connection with official business. The controlling question is the content of the message and its connection to official duties. A text that is a public record must be retained according to the applicable schedule, not erased at will.

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Florida Public Records Retention Schedules: What an Agency Is Supposed to Keep

Written by Adam Bair.Published July 13, 2026Updated July 13, 2026

Rows of labeled file boxes on metal shelving in a government records storage room, with a calendar on the wall and retention schedule posted nearby. — Florida agencies must keep records according to schedules adopted by the Department of State. They cannot destroy records on their own schedule.

TL;DR

Florida agencies do not get to throw out public records when they feel like it. The Department of State adopts retention schedules. Each agency must follow them. The state-and-local schedule is the General Records Schedule GS1-SL. An agency that destroys records outside the schedule violates the law. Even routine destruction of text messages can be a violation when content controls the schedule. A request also triggers a 30-day pause on disposal when the agency disputes whether the record is public. Ask which schedule, ask which retention period, ask what the agency searched.

What are Florida public records retention schedules?

A retention schedule is a rule that tells an agency how long it must keep each type of record before it is allowed to destroy it. The Florida Department of State, Division of Library and Information Services, adopts the schedules. Section 119.021(1)(a), Florida Statutes, requires every public agency to have a records-management program that complies with those schedules.

Agencies cannot destroy a public record unless a retention schedule authorizes it. Section 119.021(2)(a) makes this clear. Destruction before the scheduled date is a violation. Maxwell v. Pine Gas Corporation, 195 So. 2d 602 (Fla. 4th DCA 1967), established the basic principle that an agency cannot simply throw away public records on its own timetable.

What is the General Records Schedule GS1-SL?

GS1-SL is the General Records Schedule for State and Local Government Agencies. It is the primary schedule for most routine records held by Florida state agencies, counties, cities, school boards, and special districts. It covers dozens of record types across broad categories: administrative records, financial records, personnel records, law enforcement records, and more.

Each record type has a retention period. Some must be kept for one year. Some must be kept permanently. The schedule also tells agencies what triggers the start of the retention clock, often the date of creation, the date a matter closes, or the end of the fiscal year.

Agencies may also have their own agency-specific schedules for records unique to their function. Those schedules must be approved by the Department of State. The GS1-SL applies as the floor wherever no specific schedule exists.

A close-up of a government records retention schedule table showing record types, retention periods, and disposition instructions on an official form. — Retention schedules set the minimum hold period for each record type. Agencies cannot dispose of records before the scheduled date.

What happens if an agency destroyed the records I requested?

If the agency destroyed records on schedule before your request arrived, the agency is not liable. Scheduled destruction that followed the applicable retention period is lawful. The records are gone and the agency cannot recreate them.

If the agency destroyed records that were not yet at the end of their retention period, the destruction was unlawful. Section 119.10 provides for penalties for willful violations of Chapter 119. You may also have a civil claim. Document when the records were requested, when they were allegedly destroyed, and what the applicable retention schedule requires. Compare the destruction date to the scheduled retention period.

Florida AG Opinion AGO 94-75 addressed a situation where a county destroyed records before the scheduled date. The AG concluded that the destruction violated the Public Records Act. AGO 96-34 addressed similar issues around agency records management obligations. Both opinions are persuasive on the basic principle that premature destruction is a violation.

For situations where the agency says the records do not exist at all, see what to do when a Florida agency claims records do not exist.

Does a public records request stop the agency from destroying records?

Yes, in part. Section 119.07(1)(h), Florida Statutes, creates a temporary hold on destruction when a requester contests an agency's determination that the record is not a public record. In that situation, the agency must extend the retention period by at least 30 days to give the requester time to challenge the determination.

This 30-day hold is not automatic for all records. It applies when there is an active dispute about whether the specific record is a public record. If you are challenging an agency's claim that a record is not a public record, put the challenge in writing immediately. The written contest is what triggers the hold.

AGO 09-19 addressed the interplay between ongoing requests and agency disposition authority. The AG's office has consistently said agencies cannot use scheduled destruction to cut off a requester's rights when a dispute is pending.

Do text messages and emails have to follow retention schedules?

Yes. Text messages and emails that are public records must be retained according to the applicable schedule. The format does not change the obligation. A text message that documents an official decision must be kept as long as the record type requires, not deleted when the employee feels like clearing their inbox.

AGO 93-86 confirmed that electronic records are subject to the same retention requirements as paper records. Agencies must have a system for preserving electronic records that meet their retention periods. Routine deletion of texts or automatic email purges may violate the retention schedule when applied to records that must be kept longer.

For more on electronic records and format requirements, see electronic records and metadata under Florida public records law.

What should I ask when an agency says records do not exist?

When an agency responds that it has no responsive records, ask three things in writing.

First, ask which retention schedule applies to the records you requested. Ask for the schedule number and the specific item on the schedule covering your record type.

Second, ask when records of that type were last destroyed under the schedule. If the agency destroyed records recently, compare the destruction date to the retention period and the date of your request.

Third, ask what search the agency conducted to locate responsive records. Ask which systems, accounts, and custodians were searched. A claim of no responsive records is only credible when backed by a reasonable search. See what to do if your Florida public records request is denied.

A person at a desk reviewing a printed records retention schedule beside a laptop, with file folders and a calendar showing important dates. — Ask the agency which retention schedule applies, when records were last destroyed, and what search was conducted before accepting a no-records response.

How do retention schedules connect to the Florida Department of State?

Section 257.36(6), Florida Statutes, authorizes the Department of State to adopt rules governing the disposal and retention of public records. The schedules the Department adopts are binding on agencies. An agency cannot adopt its own shorter retention period without Department of State approval.

Section 119.021(4)(a) requires agency heads to maintain an active records management program. That program must address retention, storage, retrieval, and disposition. An agency without a functioning records management program is vulnerable to a Chapter 119 claim if records that should exist have been destroyed.

If an agency has destroyed records outside its approved schedule, that failure is not just a Chapter 119 issue. It may also implicate Chapter 257 obligations. For escalating a failure to respond, see what to do when a Florida agency ignores your public records request.

Frequently asked questions

What is the Florida public records retention schedule for state and local agencies?: The primary schedule for state and local government agencies is the General Records Schedule GS1-SL, adopted by the Department of State. It sets the minimum retention period for broad categories of records. Agencies must keep records at least as long as the schedule requires and may keep them longer.
Can a Florida agency destroy public records whenever it wants?: No. Section 119.021(2)(a), Florida Statutes, requires agencies to follow retention schedules adopted by the Department of State. An agency that destroys records outside those schedules violates the Public Records Act.
What happens if a Florida agency destroyed records I requested?: Destruction of records outside a valid retention schedule is a violation of Chapter 119 and may give rise to a civil claim. If you have a pending request, contact the agency in writing and ask for the applicable retention schedule and when the records were destroyed. Document the destruction date and compare it to the schedule.
Does a public records request stop an agency from destroying records?: Yes, in part. Section 119.07(1)(h), Florida Statutes, requires an agency to extend the retention period for a record by at least 30 days when a requester contests the agency's determination that the record is not public. The agency cannot destroy a disputed record while the dispute is open.
How do I find out which retention schedule applies to the records I want?: Ask the agency. You can also search the retention schedules published by the Florida Department of State, Division of Library and Information Services. The General Records Schedule GS1-SL covers most routine state and local agency records. Agency-specific schedules cover specialized record types.
Are text messages covered by Florida retention schedules?: Yes, when sent or received in connection with official business. The controlling question is the content of the message and its connection to official duties. A text that is a public record must be retained according to the applicable schedule, not erased at will.

Not legal advice. Educational and informational content only. Reading this site does not create an attorney-client relationship. For advice on a specific matter, consult a licensed Florida attorney.