| 1 | A bill to be entitled |
| 2 | An act relating to public records; amending s. 744.7082, |
| 3 | F.S.; creating an exemption from public records |
| 4 | requirements for identifying information of persons making |
| 5 | a donation of funds or property to the direct-support |
| 6 | organization of the Statewide Public Guardianship Office; |
| 7 | providing for review and repeal under the Open Government |
| 8 | Sunset Review Act; providing a statement of public |
| 9 | necessity; providing a contingent effective date. |
| 10 |
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| 11 | Be It Enacted by the Legislature of the State of Florida: |
| 12 |
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| 13 | Section 1. Subsections (6) and (7) of section 744.7082, |
| 14 | Florida Statutes, are renumbered as subsections (7) and (8), |
| 15 | respectively, and a new subsection (6) is added to that section |
| 16 | to read: |
| 17 | 744.7082 Direct-support organization; definition; use of |
| 18 | property; board of directors; audit; dissolution.-- |
| 19 | (6) PUBLIC RECORDS.--The identity of a donor or |
| 20 | prospective donor of funds or property to the direct-support |
| 21 | organization who desires to remain anonymous, and all |
| 22 | information identifying the donor or prospective donor, is |
| 23 | confidential and exempt from the provisions of s. 119.07(1) and |
| 24 | s. 24(a), Art. I of the State Constitution, and that anonymity |
| 25 | must be maintained in any publication concerning the direct- |
| 26 | support organization. |
| 27 | Section 2. Subsection (6) of s. 744.7082, Florida |
| 28 | Statutes, is subject to the Open Government Sunset Review Act in |
| 29 | accordance with s. 119.15, Florida Statutes, and shall stand |
| 30 | repealed on October 2, 2010, unless reviewed and saved from |
| 31 | repeal through reenactment by the Legislature. |
| 32 | Section 3. The Legislature finds that it is a public |
| 33 | necessity that the name and other identifying information of a |
| 34 | donor or prospective donor to the direct-support organization of |
| 35 | the Statewide Public Guardianship Office be held confidential |
| 36 | and exempt from public disclosure because the disclosure of this |
| 37 | information would adversely impact the efforts of the direct- |
| 38 | support organization to collect funding or gifts of property to |
| 39 | support the statewide office. The sole purpose of the direct- |
| 40 | support organization is to raise funds for the statewide office, |
| 41 | and donor contributions are a key element in the ability of the |
| 42 | organization to achieve its goals. Some individuals who desire |
| 43 | to donate to the direct-support organization wish to remain |
| 44 | anonymous. The direct-support organization would be adversely |
| 45 | affected if identifying information of a donor is released to |
| 46 | the public. Therefore, the Legislature finds that any benefit |
| 47 | derived from public disclosure of identifying information of a |
| 48 | donor is outweighed by the necessity to keep the information |
| 49 | confidential. |
| 50 | Section 4. This act shall take effect July 1, 2006, if |
| 51 | House Bill 457, or similar legislation revising provisions |
| 52 | relating to the Statewide Public Guardianship Office, is adopted |
| 53 | in the same legislative session or an extension thereof and |
| 54 | becomes law. |