| 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 information |
| 5 | that identifies the name, address, or telephone number of |
| 6 | a donor or prospective donor of a donation made for the |
| 7 | benefit of a publicly owned building or facility who |
| 8 | desires to remain anonymous; providing for future |
| 9 | legislative review and repeal of the exemption under the |
| 10 | Open Government Sunset Review Act; providing a statement |
| 11 | of 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) Information that would identify the name, address, or |
| 22 | telephone number of a donor or prospective donor of a donation |
| 23 | made for the benefit of a publicly owned building or facility |
| 24 | who desires to remain anonymous is confidential and exempt from |
| 25 | s. 119.07(1), Florida Statutes, and s. 24(a), Art. I of the |
| 26 | 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| 29 | shall stand repealed on October 2, 2014, unless reviewed and |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 who desires to remain anonymous be made confidential |
| 36 | and exempt from public records requirements. In order to |
| 37 | encourage private investment in publicly owned buildings or |
| 38 | facilities, it is a public necessity to promote the giving of |
| 39 | gifts to, and the raising of private funds for, the acquisition, |
| 40 | renovation, rehabilitation, and operation of publicly owned |
| 41 | buildings or facilities. An essential element of a robust plan |
| 42 | of promoting the giving of private gifts and the raising of |
| 43 | private funds is the need to protect the identity of prospective |
| 44 | and actual donors who desire to remain anonymous. If the |
| 45 | identity of prospective and actual donors who desire to remain |
| 46 | anonymous is subject to disclosure, there is a chilling effect |
| 47 | on donations because donors are concerned about disclosure of |
| 48 | personal information leading to theft and, in particular, |
| 49 | identity theft, including personal safety and security. |
| 50 | Therefore, the Legislature finds that it is a public necessity |
| 51 | to make confidential and exempt from public records requirements |
| 52 | information that would identify the name, address, or telephone |
| 53 | number of a donor or prospective donor of a donation made for |
| 54 | the benefit of a publicly owned building or facility who wishes |
| 55 | to remain anonymous. |
| 56 | Section 3. This act shall take effect July 1, 2009. |