Senate Bill sb2772

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    Florida Senate - 2007                                  SB 2772

    By Senator Bullard





    39-1164-07

  1                      A bill to be entitled

  2         An act relating to public records; creating s.

  3         267.076, F.S.; creating an exemption from

  4         public-records and open-meetings requirements

  5         for names and other information that identifies

  6         potential or actual donors of funds, or the

  7         donations made, to any publicly owned house

  8         museum that is designated by the United States

  9         Department of the Interior as a National

10         Historic Landmark; providing for future

11         legislative review and repeal of the exemption

12         under the Open Government Sunset Review Act;

13         providing a finding of public necessity;

14         providing an effective date.

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

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18         Section 1.  Section 267.076, Florida Statutes, is

19  created to read:

20         267.076  Confidentiality of certain donor information

21  related to publicly owned house museums designated as National

22  Historic Landmarks.--Any document that identifies the name,

23  identity, home or employment telephone number, home or

24  employment address, or personal assets of any potential or

25  actual donor, or that identifies any donation of gifts or

26  funds, to a publicly owned house museum designated by the

27  United States Department of the Interior as a National

28  Historic Landmark is exempt from s. 119.07(1) and s. 24(a),

29  Art. I of the State Constitution. Any portion of a meeting of

30  any governing board, or subcommittees thereof, of such a

31  publicly owned house museum during which such information is

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    Florida Senate - 2007                                  SB 2772
    39-1164-07




 1  discussed is exempt from s. 286.011 and s. 24(b), Art. I of

 2  the State Constitution. This section is subject to the Open

 3  Government Sunset Review Act in accordance with s. 119.15, and

 4  shall stand repealed on October 2, 2011, unless reviewed and

 5  saved from repeal through reenactment by the Legislature.

 6         Section 2.  In order to protect Florida's historic

 7  resources, it is a public necessity to promote the giving of

 8  gifts to, and the raising of private funds for, the

 9  acquisition, renovation, rehabilitation, and operation of

10  publicly owned house museums designated by the United States

11  Department of the Interior as National Historic Landmarks. An

12  essential element of a robust plan of promoting the giving of

13  private gifts and the raising of private funds is the need to

14  protect the privacy of potential and actual donors and their

15  donations. If the identity of potential and actual donors or

16  the amount of donations is subject to disclosure, there is a

17  chilling effect on donations because donors are concerned

18  about disclosure of personal information leading to theft and,

19  in particular, identity theft, including personal safety and

20  security. Therefore, the Legislature finds that it is a public

21  necessity to exempt from public-records requirements documents

22  that contain identifying information concerning any potential

23  or actual donors or donations of gifts or funds to a publicly

24  owned house museum designated by the United States Department

25  of the Interior as a National Historic Landmark which are held

26  by state agencies, units of local government, or an agency or

27  instrumentality of a unit of local government and to exempt

28  from the open-meetings requirements those portions of public

29  meetings during which such information is discussed.

30         Section 3.  This act shall take effect July 1, 2007.

31  

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    Florida Senate - 2007                                  SB 2772
    39-1164-07




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 2                          SENATE SUMMARY

 3    Creates an exemption from public-records and
      open-meetings requirements for names and other
 4    information that identifies potential or actual donors of
      funds, or the donations made, to publicly owned house
 5    museums designated by the United States Department of the
      Interior as a National Historic Landmark. Provides for
 6    future legislative review and repeal of the exemption
      under the Open Government Sunset Review Act.
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