1 | The Committee on State Administration recommends the following: |
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3 | Committee Substitute |
4 | Remove the entire bill and insert: |
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6 | A bill to be entitled |
7 | An act relating to public records; providing an exemption |
8 | from public records requirements for a manuscript or other |
9 | archival material donated to and held by an official |
10 | archive of a municipality or county and subject to special |
11 | terms and conditions that limit the right to copy or |
12 | inspect the manuscript or material; requiring that such a |
13 | manuscript or other archival material be made available |
14 | for inspection and copying after a specified period or |
15 | pursuant to court order; providing for future legislative |
16 | review and repeal; providing a finding of public |
17 | necessity; providing an effective date. |
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19 | Be It Enacted by the Legislature of the State of Florida: |
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21 | Section 1. Manuscripts or other archival material; public |
22 | records exemption.-- |
23 | (1) A manuscript or other archival material that is |
24 | donated to and held by an official archive of a municipality or |
25 | county contingent upon special terms and conditions that limit |
26 | the right to inspect or copy such manuscript or other material, |
27 | but which manuscript or archival material is not otherwise made |
28 | or received pursuant to law or ordinance or in connection with |
29 | the transaction of official business by any governmental agency, |
30 | is confidential and exempt from section 119.07(1), Florida |
31 | Statutes, and Section 24(a), Article I of the State |
32 | Constitution, except as otherwise provided in the special terms |
33 | and conditions. However, a manuscript or other archival material |
34 | received under special terms and conditions as provided by this |
35 | section shall be made available for inspection and copying 50 |
36 | years after the date of the creation of the manuscript or other |
37 | archival material, at an earlier date specified in the special |
38 | terms or conditions, or upon a showing of good cause before a |
39 | court of competent jurisdiction. |
40 | (2) Subsection (1) is subject to the Open Government |
41 | Sunset Review Act of 1995 in accordance with section 119.15, |
42 | Florida Statutes, and shall stand repealed on October 2, 2009, |
43 | unless reviewed and saved from repeal through reenactment by the |
44 | Legislature. |
45 | Section 2. The Legislature finds that it is a public |
46 | necessity to make certain donated manuscripts and other archival |
47 | material held by an official archive of a municipality or county |
48 | exempt from public disclosure. The Legislature finds that a |
49 | municipal or county archive is often designated as the |
50 | repository for manuscripts or other material of a private |
51 | individual. Except for the deposit of these manuscripts or |
52 | material in an official archive of a municipality or county, |
53 | such manuscripts and material are not otherwise made available |
54 | or received pursuant to law or ordinance or in connection with |
55 | the transaction of official business by any governmental agency, |
56 | and would not be in the possession of a governmental agency |
57 | except for the donation of the private person. Nevertheless, |
58 | such manuscript or other material may be of important historical |
59 | interest to the municipality or county and therefore should be |
60 | preserved in the public interest. The diaries of prominent |
61 | historical figures, manuscripts of important writers, and |
62 | personal effects of significant persons are examples of the |
63 | types of archival material that could be placed in an official |
64 | municipal or county archive. A private donor often makes the |
65 | donation of such manuscripts or other material contingent upon |
66 | special terms and conditions in order to protect private facts |
67 | during the lifetime of the donor or during the lifetime of |
68 | another person. If a municipal or county archive is unable to |
69 | comply with the special terms and conditions, a potential donor |
70 | would be unlikely to donate manuscripts or other material that |
71 | is of significant archival value to the municipality or county. |
72 | As a result, important historical information could be lost to |
73 | the public. While the receipt of such manuscripts or other |
74 | archival material is in the public interest, the Legislature |
75 | also finds that special terms and conditions should not forever |
76 | preclude the ability of the public to inspect and copy such |
77 | manuscripts or other archival material. The Legislature finds |
78 | that the interests of the donor and the public are protected by |
79 | limiting such special terms and conditions to 50 years following |
80 | the date of the creation of the manuscript or other material. |
81 | Such a limitation helps to protect private facts during the |
82 | lifetime of an affected person and ensures the preservation of |
83 | manuscripts and material beneficial to the public, while |
84 | ultimately preserving public access. |
85 | Section 3. This act shall take effect October 1, 2004. |