| 1 | A bill to be entitled |
| 2 | An act relating to public records; amending s. 267.1736, |
| 3 | F.S.; providing an exemption from public records |
| 4 | requirements for certain donor and prospective donor |
| 5 | information involving state-owned properties in a historic |
| 6 | district in the City of St. Augustine; providing for |
| 7 | future legislative review and repeal under the Open |
| 8 | Government Sunset Review Act; providing a statement of |
| 9 | public 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. Subsection (9) is added to section 267.1736, |
| 14 | Florida Statutes, as created by HB 851, 2007 Regular Session, to |
| 15 | read: |
| 16 | 267.1736 Direct-support organization.-- |
| 17 | (9)(a) The identity of a donor or prospective donor to the |
| 18 | direct-support organization who desires to remain anonymous, and |
| 19 | all information identifying such donor or prospective donor, is |
| 20 | confidential and exempt from the provisions of s. 119.07(1) and |
| 21 | s. 24(a), Art. I of the State Constitution; and that anonymity |
| 22 | must be maintained in the auditor's report. The university and |
| 23 | the Auditor General shall have access to all records of the |
| 24 | direct-support organization upon request. |
| 25 | (b) This subsection is subject to the Open Government |
| 26 | Sunset Review Act in accordance with s. 119.15 and shall stand |
| 27 | repealed on October 2, 2012, unless reviewed and saved from |
| 28 | repeal through reenactment by the Legislature. |
| 29 | Section 2. The Legislature finds a public necessity in |
| 30 | protecting the identity of donors and prospective donors to the |
| 31 | direct-support organization authorized to assist the University |
| 32 | of Florida in carrying out its dual historic preservation and |
| 33 | historic preservation education purposes and responsibilities |
| 34 | for the various state-owned properties within the historic |
| 35 | district currently subleased by the Department of State to the |
| 36 | City of St. Augustine for management. This protection will |
| 37 | enable the direct-support organization to effectively and |
| 38 | efficiently administer the promotion, preservation, and public |
| 39 | education efforts related to these state-owned properties. The |
| 40 | purpose of the exemption is to honor the request for anonymity |
| 41 | of donors or prospective donors to the not-for-profit |
| 42 | corporation and thereby encourage donations from individuals and |
| 43 | entities that might otherwise decline to contribute. Without the |
| 44 | exemption, potential donors may be dissuaded from contributing |
| 45 | to the direct-support organization because such donors fear |
| 46 | being harmed by the release of sensitive financial information. |
| 47 | Difficulty in soliciting donations would hamper the ability of |
| 48 | the direct-support organization to carry out its marketing, |
| 49 | promotion, education, and preservation activities and would |
| 50 | hinder fulfillment of the goal of the state in maintaining these |
| 51 | state-owned properties and in preserving, promoting, and |
| 52 | advancing historic preservation of these properties through |
| 53 | funding by both the public sector and the private sector. |
| 54 | Section 3. This act shall take effect on the same date |
| 55 | that HB 851 or similar legislation takes effect, if such |
| 56 | legislation is adopted in the same legislative session or an |
| 57 | extension thereof and becomes law. |