HB 7025

1	A bill to be entitled
2	An act relating to a review under the Open Government
3	Sunset Review Act regarding archival materials;
4	renumbering and amending s. 257.35(1)(b), F.S.;
5	transferring provisions which provide a public record
6	exemption for all public records transferred to the
7	custody of the division and any nonpublic manuscript and
8	or other archival material which is placed in the keeping
9	of the division under special terms and conditions;
10	amending s. 257.38, F.S.; defining "nonpublic manuscript
11	or other archival material"; clarifying the public records
12	exemption for nonpublic manuscripts or other archival
13	materials donated to and held by an official archive of a
14	municipality or county contingent upon special terms and
15	conditions that limit the right to inspect or copy such
16	manuscripts or materials; removing the scheduled repeal of
17	the exemption; making editorial changes; amending s.
18	257.35, F.S.; reorganizing provisions; providing an
19	effective date.
20
21	Be It Enacted by the Legislature of the State of Florida:
22
23	Section 1.  Paragraph (b) of subsection (1) of section
24	257.35, Florida Statutes, is transferred and redesignated as
25	subsections (1), (2), and (3) of section 257.38, Florida
26	Statutes, and amended, and that section is amended, to read:
27	257.38  Manuscripts or other archival material held by
28	local government; public records exemption.--
29	(1)(b)  For purposes of this section, "nonpublic manuscript
30	or other archival material" means a manuscript or archival
31	material that is not otherwise made or received pursuant to law
32	or ordinance or in connection with the transaction of official
33	business by any governmental agency. Preserve and administer
34	such records as shall be transferred to its custody; accept,
35	arrange, and preserve them, according to approved archival
36	practices; and permit them, at reasonable times and under the
37	supervision of the division, to be inspected and copied.
38	(2)  All public records transferred to the custody of the
39	division shall be subject to the provisions of s. 119.07(1),
40	except that any public record or other record provided by law to
41	be confidential or prohibited from inspection by the public
42	shall be made accessible only after a period of 50 years from
43	the date of the creation of the record.
44	(3)  Any nonpublic manuscript or other archival material
45	which is placed in the keeping of the division under special
46	terms and conditions, shall be made accessible only in
47	accordance with such law terms and conditions and shall be
48	exempt from the provisions of s. 119.07(1) to the extent
49	necessary to meet the terms and conditions for a nonpublic
50	manuscript or other archival material.
51	(4)  Any nonpublic A manuscript or other archival material
52	that is donated to and held by an official archive of a
53	municipality or county contingent upon special terms and
54	conditions that limit the right to inspect or copy such
55	manuscript or other material, but which manuscript or archival
56	material is not otherwise made or received pursuant to law or
57	ordinance or in connection with the transaction of official
58	business by any governmental agency, is confidential and exempt
59	from s. 119.07(1) and s. 24(a), Art. I of the State
60	Constitution, except as otherwise provided in the special terms
61	and conditions. However, A nonpublic manuscript or other
62	archival material received under special terms and conditions as
63	authorized provided by this subsection section shall be made
64	available for inspection and copying 50 years after the date of
65	the creation of the nonpublic manuscript or other archival
66	material, at an earlier date specified in the special terms or
67	conditions, or upon a showing of good cause before a court of
68	competent jurisdiction.
69	(2)  Subsection (1) is subject to the Open Government
70	Sunset Review Act in accordance with s. 119.15 and shall stand
71	repealed on October 2, 2009, unless reviewed and saved from
72	repeal through reenactment by the Legislature.
73	Section 2.  Subsection (1) of section 257.35, Florida
74	Statutes, as amended by this act, is amended to read:
75	257.35  Florida State Archives.--
76	(1)  There is created within the Division of Library and
77	Information Services of the Department of State the Florida
78	State Archives for the preservation of those public records, as
79	defined in s. 119.011(12), manuscripts, and other archival
80	material that have been determined by the division to have
81	sufficient historical or other value to warrant their continued
82	preservation and have been accepted by the division for deposit
83	in its custody. It is the duty and responsibility of the
84	division to:
85	(a)  Organize and administer the Florida State Archives.
86	(b)  Preserve and administer such records as shall be
87	transferred to its custody; accept, arrange, and preserve them,
88	according to approved archival practices; and permit them, at
89	reasonable times and under the supervision of the division, to
90	be inspected and copied.
91	(c)  Assist the records and information management program
92	in the determination of retention values for records.
93	(d)  Cooperate with and assist insofar as practicable state
94	institutions, departments, agencies, counties, municipalities,
95	and individuals engaged in activities in the field of state
96	archives, manuscripts, and history and accept from any person
97	any paper, book, record, or similar material which in the
98	judgment of the division warrants preservation in the state
99	archives.
100	(e)  Provide a public research room where, under rules
101	established by the division, the materials in the state archives
102	may be studied.
103	(f)  Conduct, promote, and encourage research in Florida
104	history, government, and culture and maintain a program of
105	information, assistance, coordination, and guidance for public
106	officials, educational institutions, libraries, the scholarly
107	community, and the general public engaged in such research.
108	(g)  Cooperate with and, insofar as practicable, assist
109	agencies, libraries, institutions, and individuals in projects
110	designed to preserve original source materials relating to
111	Florida history, government, and culture and prepare and publish
112	handbooks, guides, indexes, and other literature directed toward
113	encouraging the preservation and use of the state's documentary
114	resources.
115	(h)  Encourage and initiate efforts to preserve, collect,
116	process, transcribe, index, and research the oral history of
117	Florida government.
118	(i)  Assist and cooperate with the records and information
119	management program in the training and information program
120	described in s. 257.36(1)(g).
121	Section 3.  This act shall take effect October 1, 2009.

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