| 1 | A bill to be entitled |
| 2 | An act relating to a public records and public meetings |
| 3 | exemption; providing an exemption from public records |
| 4 | requirements for documents in the possession of a state |
| 5 | agency, unit of local government, or an agency or |
| 6 | instrumentality thereof that contain identifying and |
| 7 | location information of potential or actual donors of |
| 8 | funds, or that identify any donation of gifts or funds, to |
| 9 | any publicly owned house museum designated by the United |
| 10 | States Department of the Interior as a National Historic |
| 11 | Landmark; providing an exemption from public meetings |
| 12 | requirements for any portion of a meeting of any governing |
| 13 | board, or a subcommittee thereof, of such a publicly owned |
| 14 | house museum during which information made confidential |
| 15 | and exempt under the act is discussed; providing an |
| 16 | exemption from public records requirements for any records |
| 17 | generated during those portions of meetings which are |
| 18 | closed to the public under the act; providing for review |
| 19 | and repeal; providing a statement of public necessity; |
| 20 | providing an effective date. |
| 21 |
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| 22 | Be It Enacted by the Legislature of the State of Florida: |
| 23 |
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| 24 | Section 1. Section 267.076, Florida Statutes, is created |
| 25 | to read: |
| 26 | 267.076 Confidentiality of certain donor information |
| 27 | related to publicly owned house museums designated as National |
| 28 | Historic Landmarks; public meetings exemption.-- |
| 29 | (1) Any document in the possession of a state agency, unit |
| 30 | of local government, or an agency or instrumentality thereof |
| 31 | that identifies the name, identity, home or employment telephone |
| 32 | number, home or employment address, or personal assets of any |
| 33 | potential or actual donor, or that identifies any donation of |
| 34 | gifts or funds, to a publicly owned house museum designated by |
| 35 | the United States Department of the Interior as a National |
| 36 | Historic Landmark is confidential and exempt from s. 119.07(1) |
| 37 | and s. 24(a), Art. I of the State Constitution. |
| 38 | (2) Any portion of a meeting of any governing board, or |
| 39 | any subcommittee thereof, of a publicly owned house museum |
| 40 | designated by the United States Department of the Interior as a |
| 41 | National Historic Landmark during which information made |
| 42 | confidential and exempt under subsection (1) is discussed is |
| 43 | exempt from s. 286.011 and s. 24(b), Art. I of the State |
| 44 | Constitution. |
| 45 | (3) Any records generated during those portions of |
| 46 | meetings which are closed to the public under subsection (2), |
| 47 | including, but not limited to, minutes, tape recordings, |
| 48 | videotapes, transcriptions, or notes, are confidential and |
| 49 | exempt from s. 119.071(1) and s. 24(a), Art. I of the State |
| 50 | Constitution. |
| 51 | (4) This section is subject to the Open Government Sunset |
| 52 | Review Act in accordance with s. 119.15 and shall stand repealed |
| 53 | on October 2, 2012, unless reviewed and saved from repeal |
| 54 | through reenactment by the Legislature. |
| 55 | Section 2. It is the finding of the Legislature that, in |
| 56 | order to protect Florida's historic resources, it is in the |
| 57 | public interest to promote the donation of gifts to, and the |
| 58 | raising of private funds for, the acquisition, renovation, |
| 59 | rehabilitation, and operation of publicly owned house museums |
| 60 | designated by the United States Department of the Interior as |
| 61 | National Historic Landmarks. An essential element of a robust |
| 62 | plan for promoting the donation of private gifts and the raising |
| 63 | of private funds is the need to protect the privacy of potential |
| 64 | and actual donors to such museums and information regarding |
| 65 | their donations. If the identity of potential and actual donors |
| 66 | or the amount of donations is subject to disclosure, it produces |
| 67 | a chilling effect on donations. Donors are justifiably concerned |
| 68 | about the disclosure of personal information which could lead to |
| 69 | theft and, in particular, identity theft. Donors are also |
| 70 | justifiably concerned about the possibility of their personal |
| 71 | safety and security being compromised. Therefore, the |
| 72 | Legislature finds that it is a public necessity that any |
| 73 | document in the possession of a state agency, unit of local |
| 74 | government, or an agency or instrumentality thereof that |
| 75 | identifies the name, identity, home or employment telephone |
| 76 | number, home or employment address, or personal assets of any |
| 77 | potential or actual donor, or that identifies any donation of |
| 78 | gifts or funds, to a publicly owned house museum designated by |
| 79 | the United States Department of the Interior as a National |
| 80 | Historic Landmark be held confidential and exempt from public |
| 81 | records requirements. It is the further finding of the |
| 82 | Legislature that it is a public necessity that any portion of a |
| 83 | meeting of any governing board, or any subcommittee thereof, of |
| 84 | a publicly owned house museum designated by the United States |
| 85 | Department of the Interior as a National Historic Landmark |
| 86 | during which information made confidential and exempt under this |
| 87 | act is discussed be made exempt from public meetings |
| 88 | requirements. It is the further finding of the Legislature that |
| 89 | it is a public necessity that any records generated during those |
| 90 | portions of meetings which are closed to the public under the |
| 91 | act, including, but not limited to, minutes, tape recordings, |
| 92 | videotapes, transcriptions, or notes, be held confidential and |
| 93 | exempt from public records requirements. |
| 94 | Section 3. This act shall take effect July 1, 2007. |