HB 1031CS

CHAMBER ACTION




1The Committee on State Administration recommends the following:
2
3     Committee Substitute
4     Remove the entire bill and insert:
5
6
A bill to be entitled
7An act relating to public records; providing an exemption
8from public records requirements for a manuscript or other
9archival material donated to and held by an official
10archive of a municipality or county and subject to special
11terms and conditions that limit the right to copy or
12inspect the manuscript or material; requiring that such a
13manuscript or other archival material be made available
14for inspection and copying after a specified period or
15pursuant to court order; providing for future legislative
16review and repeal; providing a finding of public
17necessity; providing an effective date.
18
19Be It Enacted by the Legislature of the State of Florida:
20
21     Section 1.  Manuscripts or other archival material; public
22records exemption.--
23     (1)  A manuscript or other archival material that is
24donated to and held by an official archive of a municipality or
25county contingent upon special terms and conditions that limit
26the right to inspect or copy such manuscript or other material,
27but which manuscript or archival material is not otherwise made
28or received pursuant to law or ordinance or in connection with
29the transaction of official business by any governmental agency,
30is confidential and exempt from section 119.07(1), Florida
31Statutes, and Section 24(a), Article I of the State
32Constitution, except as otherwise provided in the special terms
33and conditions. However, a manuscript or other archival material
34received under special terms and conditions as provided by this
35section shall be made available for inspection and copying 50
36years after the date of the creation of the manuscript or other
37archival material, at an earlier date specified in the special
38terms or conditions, or upon a showing of good cause before a
39court of competent jurisdiction.
40     (2)  Subsection (1) is subject to the Open Government
41Sunset Review Act of 1995 in accordance with section 119.15,
42Florida Statutes, and shall stand repealed on October 2, 2009,
43unless reviewed and saved from repeal through reenactment by the
44Legislature.
45     Section 2.  The Legislature finds that it is a public
46necessity to make certain donated manuscripts and other archival
47material held by an official archive of a municipality or county
48exempt from public disclosure. The Legislature finds that a
49municipal or county archive is often designated as the
50repository for manuscripts or other material of a private
51individual. Except for the deposit of these manuscripts or
52material in an official archive of a municipality or county,
53such manuscripts and material are not otherwise made available
54or received pursuant to law or ordinance or in connection with
55the transaction of official business by any governmental agency,
56and would not be in the possession of a governmental agency
57except for the donation of the private person. Nevertheless,
58such manuscript or other material may be of important historical
59interest to the municipality or county and therefore should be
60preserved in the public interest. The diaries of prominent
61historical figures, manuscripts of important writers, and
62personal effects of significant persons are examples of the
63types of archival material that could be placed in an official
64municipal or county archive. A private donor often makes the
65donation of such manuscripts or other material contingent upon
66special terms and conditions in order to protect private facts
67during the lifetime of the donor or during the lifetime of
68another person. If a municipal or county archive is unable to
69comply with the special terms and conditions, a potential donor
70would be unlikely to donate manuscripts or other material that
71is of significant archival value to the municipality or county.
72As a result, important historical information could be lost to
73the public. While the receipt of such manuscripts or other
74archival material is in the public interest, the Legislature
75also finds that special terms and conditions should not forever
76preclude the ability of the public to inspect and copy such
77manuscripts or other archival material. The Legislature finds
78that the interests of the donor and the public are protected by
79limiting such special terms and conditions to 50 years following
80the date of the creation of the manuscript or other material.
81Such a limitation helps to protect private facts during the
82lifetime of an affected person and ensures the preservation of
83manuscripts and material beneficial to the public, while
84ultimately preserving public access.
85     Section 3.  This act shall take effect October 1, 2004.


CODING: Words stricken are deletions; words underlined are additions.