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A bill to be entitled

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An act relating to public records; defining the term

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"publicly owned building or facility"; creating an

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exemption from public-records requirements for information

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that identifies a donor or prospective donor of a donation

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made for the benefit of a publicly owned building or

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facility if the donor desires to remain anonymous;

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providing for future legislative review and repeal of the

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exemption under the Open Government Sunset Review Act;

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providing a statement of public necessity; providing an

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effective date.

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

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     Section 1. Confidentiality of certain donor information

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related to a publicly owned building or facility.--

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     (1) As used in this section, the term "publicly owned

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building or facility" means a building or facility the title to

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which is vested in the state or a political subdivision of the

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state.

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     (2) If a donor or prospective donor of a donation made for

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the benefit of a publicly owned building or facility desires to

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remain anonymous, information that would identify the name,

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address, or telephone number of that donor or prospective donor

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is confidential and exempt from s. 119.07(1), Florida Statutes,

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and s. 24(a), Art. I of the State Constitution.

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     (3) This section is subject to the Open Government Sunset

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Review Act in accordance with s. 119.15, Florida Statutes, and

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shall stand repealed on October 2, 2013, unless reviewed and

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saved from repeal through reenactment by the Legislature.

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     Section 2. The Legislature finds that it is a public

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necessity that information that would identify the name, address,

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or telephone number of a donor or prospective donor of a donation

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made for the benefit of a publicly owned building or facility be

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made confidential and exempt from public-records requirements if

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the donor or prospective donor desires to remain anonymous. In

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order to encourage private investment in publicly owned buildings

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or facilities, it is a public necessity to promote the giving of

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

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renovation, rehabilitation, and operation of publicly owned

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buildings or facilities. An essential element of a robust plan of

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promoting the giving of private gifts and the raising of private

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funds is the need to protect the identity of prospective and

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actual donors who desire to remain anonymous. If the identity of

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prospective and actual donors who desire to remain anonymous is

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subject to disclosure, there is a chilling effect on donations

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because donors are concerned about disclosure of personal

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information leading to theft and, in particular, identity theft,

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including personal safety and security. Therefore, the

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Legislature finds that it is a public necessity to make

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confidential and exempt from public-records requirements

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information that would identify a donor or prospective donor of a

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donation made for the benefit of a publicly owned building or

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facility if the donor or prospective donor wishes to remain

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anonymous.

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     Section 3.  This act shall take effect July 1, 2008.