November 25, 2020
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Senate Bill 1626

Senate Bill sb1626er

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


    ENROLLED

    2004 Legislature                                       SB 1626



  1                                 

  2         An act relating to public records; providing an

  3         exemption from public-records requirements for

  4         a manuscript or other archival material donated

  5         to and held by an official archive of a

  6         municipality or county and subject to special

  7         terms and conditions that limit the right to

  8         copy or inspect the manuscript or material;

  9         requiring that such a manuscript or other

10         archival material be made available for

11         inspection and copying after a specified period

12         or pursuant to court order; providing for

13         future legislative review and repeal; providing

14         a finding of public necessity; providing an

15         effective date.

16  

17  Be It Enacted by the Legislature of the State of Florida:

18  

19         Section 1.  Manuscripts or other archival material;

20  public records exemption.--

21         (1)  A manuscript or other archival material that is

22  donated to and held by an official archive of a municipality

23  or county contingent upon special terms and conditions that

24  limit the right to inspect or copy such manuscript or other

25  material, but which manuscript or archival material is not

26  otherwise made or received pursuant to law or ordinance or in

27  connection with the transaction of official business by any

28  governmental agency, is confidential and exempt from section

29  119.07(1), Florida Statutes, and Section 24(a), Article I of

30  the State Constitution, except as otherwise provided in the

31  special terms and conditions. However, a manuscript or other


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




    ENROLLED

    2004 Legislature                                       SB 1626



 1  archival material received under special terms and conditions

 2  as provided by this section shall be made available for

 3  inspection and copying 50 years after the date of the creation

 4  of the manuscript or other archival material, at an earlier

 5  date specified in the special terms or conditions, or upon a

 6  showing of good cause before a court of competent

 7  jurisdiction.

 8         (2)  Subsection (1) is subject to the Open Government

 9  Sunset Review Act of 1995 in accordance with section 119.15,

10  Florida Statutes, and shall stand repealed on October 2, 2009,

11  unless reviewed and saved from repeal through reenactment by

12  the Legislature.

13         Section 2.  The Legislature finds that it is a public

14  necessity to make certain donated manuscripts and other

15  archival material held by an official archive of a

16  municipality or county exempt from public disclosure. The

17  Legislature finds that a municipal or county archive is often

18  designated as the repository for manuscripts or other material

19  of a private individual. Except for the deposit of these

20  manuscripts or material in an official archive of a

21  municipality or county, such manuscripts and material are not

22  otherwise made or received pursuant to law or ordinance or in

23  connection with the transaction of official business by any

24  governmental agency, and would not be in the possession of a

25  governmental agency except for the donation of the private

26  person. Nevertheless, such manuscript or other material may be

27  of important historical interest to the municipality or

28  county, and therefore should be preserved in the public

29  interest. The diaries of prominent historical figures,

30  manuscripts of important writers, and personal effects of

31  significant persons are examples of the types of archival


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




    ENROLLED

    2004 Legislature                                       SB 1626



 1  material that could be placed in an official municipal or

 2  county archive. A private donor often makes the donation of

 3  such manuscripts or other material contingent upon special

 4  terms and conditions in order to protect private facts during

 5  the lifetime of the donor or during the lifetime of another

 6  person. If a municipal or county archive is unable to comply

 7  with the special terms and conditions, a potential donor would

 8  be unlikely to donate manuscripts or other material that is of

 9  significant archival value to the municipality or county. As a

10  result, important historical information could be lost to the

11  public. While the receipt of such manuscripts or other

12  archival material is in the public interest, the Legislature

13  also finds that special terms and conditions should not

14  forever preclude the ability of the public to inspect and copy

15  such manuscripts or other archival material. The Legislature

16  finds that the interests of the donor and the public are

17  protected by limiting such special terms and conditions to 50

18  years following the date of the creation of the manuscript or

19  other material. Such a limitation helps to protect private

20  facts during the lifetime of an affected person and ensures

21  the preservation of manuscripts and material beneficial to the

22  public, while ultimately preserving public access.

23         Section 3.  This act shall take effect October 1, 2004.

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