We have the records of two funeral homes so far in our collections.    Since they are

records of private businesses and the businesses donated them to us, and whereas

we do inform the businesses through deeds of gift that collections will be open to users,

these materials are open to all.      We did meet with our university attorney last month

and she stated that all records we acquire are considered “public records” and must be

open.    She is looking at the Florida definition which says “used in the course of the

agency’s business” must be public…and her argument is that that is precisely our

archives’ business…to acquire, preserve, and make available.   

 

But in looking at legal exemptions to the public records law, we found two important

ones.   First, there is a exemption permitting archival records donated to be placed under

restrictions per agreements with the donor and receiving agency.    Second, there is a

state exemption that “official death certificates” (certified/seal) issued by the State of

Florida that contain the cause of death are closed for fifty years.   Accordingly, we have

gone through the funeral home records and removed the official certificates and are

sealing/storing them separately so the funeral home records are still open for use.   As

we reach 50-year marks, the certificates will be refilled in the record series (!).

 

I did ask about cases where other materials might indicate cause of death, e.g. notes by

the funeral director, autopsy reports (if any), etc. but the exemption to the public records

law was specific only to the official State of Florida death certificates, and our university

attorney was on spot about this.  

 

Other than that, the funeral home records are open to any researcher.

 

Dean