Florida Senate - 2009                                     SB 166
       
       
       
       By Senator Ring
       
       
       
       
       32-00033-09                                            2009166__
    1                        A bill to be entitled                      
    2         An act relating to public records; defining the term
    3         “publicly owned building or facility”; creating an
    4         exemption from public-records requirements for
    5         information that identifies a donor or prospective
    6         donor of a donation made for the benefit of a publicly
    7         owned building or facility if the donor desires to
    8         remain anonymous; providing for future legislative
    9         review and repeal of the exemption under the Open
   10         Government Sunset Review Act; providing a statement of
   11         public necessity; providing an effective date.
   12         
   13  Be It Enacted by the Legislature of the State of Florida:
   14         
   15         Section 1. Confidentiality of certain donor information
   16  related to a publicly owned building or facility.—
   17         (1) As used in this section, the term “publicly owned
   18  building or facility” means a building or facility the title to
   19  which is vested in the state or a political subdivision of the
   20  state.
   21         (2) If a donor or prospective donor of a donation made for
   22  the benefit of a publicly owned building or facility desires to
   23  remain anonymous, information that would identify the name,
   24  address, or telephone number of that donor or prospective donor
   25  is confidential and exempt from s. 119.07(1), Florida Statutes,
   26  and s. 24(a), Art. I of the State Constitution.
   27         (3) This section is subject to the Open Government Sunset
   28  Review Act in accordance with s. 119.15, Florida Statutes, and
   29  shall stand repealed on October 2, 2014, unless reviewed and
   30  saved from repeal through reenactment by the Legislature.
   31         Section 2. The Legislature finds that it is a public
   32  necessity that information that would identify the name,
   33  address, or telephone number of a donor or prospective donor of
   34  a donation made for the benefit of a publicly owned building or
   35  facility be made confidential and exempt from public-records
   36  requirements if the donor or prospective donor desires to remain
   37  anonymous. In order to encourage private investment in publicly
   38  owned buildings or facilities, it is a public necessity to
   39  promote the giving of gifts to, and the raising of private funds
   40  for, the acquisition, renovation, rehabilitation, and operation
   41  of publicly owned buildings or facilities. An essential element
   42  of a robust plan of promoting the giving of private gifts and
   43  the raising of private funds is the need to protect the identity
   44  of prospective and actual donors who desire to remain anonymous.
   45  If the identity of prospective and actual donors who desire to
   46  remain anonymous is subject to disclosure, there is a chilling
   47  effect on donations because donors are concerned about
   48  disclosure of personal information leading to theft and, in
   49  particular, identity theft, including personal safety and
   50  security. Therefore, the Legislature finds that it is a public
   51  necessity to make confidential and exempt from public-records
   52  requirements information that would identify a donor or
   53  prospective donor of a donation made for the benefit of a
   54  publicly owned building or facility if the donor or prospective
   55  donor wishes to remain anonymous.
   56         Section 3. This act shall take effect July 1, 2009.