This rule establishes record retention and access requirements for SAMH-Funded Entities (Substance Abuse and Mental Health-funded entities) in Florida. Covered entities must retain financial, programmatic, and statistical records for a minimum of six years (or longer if litigation or audit is pending) from 90 days after the contract period ends. State and federal oversight agencies, including the Florida Auditor General and HHS, have broad rights of access to these records for audit and examination purposes. Subcontract terms that restrict such access are prohibited.
View official source65E-14.002 Retention and Access Requirements for Records. This rule applies to all financial and programmatic records, supporting documents, statistical records, and other records of SAMH-Funded Entities which are necessary to document expenditures, income and assets of the entity. (1) Length of Retention Period. (a) Except as provided in paragraph (1)(b), of this rule, records shall be retained for a minimum of six years, or longer if required by law, from the starting date specified in subsection (2), of this rule. (b) If any litigation claim, negotiation, audit, or other action involving the records has been started before the expiration of the six-year period, the records shall be retained until completion of the action and resolution of all issues which arise from such actions. (2) Starting Date of Retention Period. (a) Except as specified in paragraph (2)(b), of this rule, the retention period starts 90 days after the end of the contract period. (b) The retention period for equipment and property records starts from the date of the equipment’s or property’s disposition or replacement. (3) Access to Records. (a) The department, any other state agency, the Florida Attorney General, the Florida Auditor General, the United States Department of Health and Human Services, the Comptroller of the United States, or any of their authorized representatives shall have the right of access to any books, documents, papers, or other records of a SAMH-Funded Entity which are pertinent to the organization’s use of substance abuse and mental health funds in order to make audits, examinations, excerpts, or transcripts. (b) The rights of access in this rule shall not be limited to the required retention period, but shall last as long as the records are retained. (4) Restrictions on Public Access. Unless required by federal or state statutes, a SAMH-Funded Entity may not impose subcontract terms which conflict with access to records as specified in subsection (3), of this rule. Representatives of the organizations requiring access shall be identified with official documentation. Rulemaking Authority 394.78(1), 394.9082(3) FS. Law Implemented 394.9082 FS. History–New 2-23-83, Amended 2-25-85, Formerly 10E-14.02, 10E-14.002, Amended 1-2-05, 7-27-14.