| 1 | A bill to be entitled |
| 2 | An act relating to public records and meetings; amending |
| 3 | s. 430.82, F.S.; providing an exemption from public |
| 4 | records requirements for information concerning certain |
| 5 | donors and prospective donors to the direct-support |
| 6 | organization of the Department of Elderly Affairs; |
| 7 | providing an exemption from public meetings requirements |
| 8 | for portions of meetings of the direct-support |
| 9 | organization at which the identity of donors and |
| 10 | prospective donors is discussed; providing for future |
| 11 | legislative review and repeal of the exemptions under the |
| 12 | Open Government Sunset Review Act; providing a statement |
| 13 | of public necessity; providing a contingent effective |
| 14 | date. |
| 15 |
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| 16 | Be It Enacted by the Legislature of the State of Florida: |
| 17 |
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| 18 | Section 1. Subsection (9) is added to section 430.82, |
| 19 | Florida Statutes, as created by HB 747, to read: |
| 20 | 430.82 Direct-support organization.-- |
| 21 | (9) CONFIDENTIALITY OF DONORS.-- |
| 22 | (a) The identity of a donor or prospective donor to the |
| 23 | direct-support organization who desires to remain anonymous, and |
| 24 | all information identifying such donor or prospective donor, is |
| 25 | confidential and exempt from the provisions of s. 119.07(1) and |
| 26 | s. 24(a), Art. I of the State Constitution. |
| 27 | (b) Portions of meetings of the direct-support |
| 28 | organization during which the identity of donors or prospective |
| 29 | donors is discussed are exempt from the provisions of s. 286.011 |
| 30 | and s. 24(b), Art. I of the State Constitution. |
| 31 | (c) This subsection is subject to the Open Government |
| 32 | Sunset Review Act in accordance with s. 119.15 and shall stand |
| 33 | repealed on October 2, 2014, unless reviewed and saved from |
| 34 | repeal through reenactment by the Legislature. |
| 35 | Section 2. The Legislature finds that it is a public |
| 36 | necessity to exempt from public records requirements the |
| 37 | identity of donors and prospective donors to the direct-support |
| 38 | organization authorized to assist the Department of Elderly |
| 39 | Affairs in carrying out its function to serve persons in this |
| 40 | state who are 60 years of age or older. The ability to protect |
| 41 | the identity of donors and prospective donors will enable the |
| 42 | direct-support organization to effectively and efficiently |
| 43 | administer the promotion and public education efforts of the |
| 44 | direct-support organization. The purpose of the exemption is to |
| 45 | honor the request for anonymity of donors or prospective donors |
| 46 | to the not-for-profit corporation, thereby encouraging donations |
| 47 | from individuals and entities that might otherwise decline to |
| 48 | contribute. Without the exemption, potential donors may be |
| 49 | dissuaded from contributing to the direct-support organization |
| 50 | for fear of being harmed by the release of sensitive financial |
| 51 | information. Difficulty in soliciting donations would hamper the |
| 52 | ability of the direct-support organization to carry out its goal |
| 53 | of providing assistance, funding, and support for the department |
| 54 | in carrying out its mission. Further, the Legislature finds that |
| 55 | it is a public necessity to exempt from public meetings |
| 56 | requirements that portion of a meeting of the direct-support |
| 57 | organization at which the identity of a donor or prospective |
| 58 | donor is discussed. The failure to close that portion of a |
| 59 | meeting at which such information is discussed would defeat the |
| 60 | purpose of the public records exemption and could result in the |
| 61 | disclosure of the identity of a donor or prospective donor, thus |
| 62 | leading to a reduction in donations and the subsequent hindrance |
| 63 | of the effective and efficient operation of this governmental |
| 64 | program. |
| 65 | Section 3. This act shall take effect July 1, 2009, if |
| 66 | House Bill 747, or similar legislation establishing a direct- |
| 67 | support organization for the Department of Elderly Affairs, is |
| 68 | adopted in the same legislative session or an extension thereof |
| 69 | and becomes law. |