CS/CS/HB 121

1	A bill to be entitled
2	An act relating to public records; defining the term
3	"publicly owned performing arts center"; creating an
4	exemption from public records requirements for information
5	that identifies a donor or prospective donor of a donation
6	made for the benefit of a publicly owned performing arts
7	center if the donor desires to remain anonymous; providing
8	for future legislative review and repeal of the exemption
9	under the Open Government Sunset Review Act; amending s.
10	272.136, F.S.; creating an exemption from public records
11	requirements for information identifying a donor or
12	prospective donor to the direct-support organization of
13	the Legislative Research Center and Museum at the Historic
14	Capitol; providing for future legislative review and
15	repeal of the exemption under the Open Government Sunset
16	Review Act; providing a statement of public necessity;
17	providing an effective date.
18
19	Be It Enacted by the Legislature of the State of Florida:
20
21	Section 1.  Confidentiality of certain donor information
22	related to a publicly owned performing arts center.-
23	(1)  As used in this section, the term "publicly owned
24	performing arts center" means a facility consisting of at least
25	200 seats, owned and operated by a county or municipality, which
26	is used and occupied to promote development of any or all of the
27	performing, visual, or fine arts or any or all matters relating
28	thereto and to encourage and cultivate public and professional
29	knowledge and appreciation of the arts.
30	(2)  If a donor or prospective donor of a donation made for
31	the benefit of a publicly owned performing arts center desires
32	to remain anonymous, information that would identify the name,
33	address, or telephone number of that donor or prospective donor
34	is confidential and exempt from s. 119.07(1), Florida Statutes,
35	and s. 24(a), Article I of the State Constitution.
36	(3)  This section is subject to the Open Government Sunset
37	Review Act in accordance with s. 119.15, Florida Statutes, and
38	shall stand repealed on October 2, 2016, unless reviewed and
39	saved from repeal through reenactment by the Legislature.
40	Section 2.  Subsection (7) is added to section 272.136,
41	Florida Statutes, to read:
42	272.136  Direct-support organization.-The Legislative
43	Research Center and Museum at the Historic Capitol and the
44	Capitol Curator may establish a direct-support organization to
45	provide assistance and promotional support through fundraising
46	for the Florida Historic Capitol and the Legislative Research
47	Center and Museum, including, but not limited to, their
48	educational programs and initiatives.
49	(7)(a)  The identity of a donor or prospective donor to the
50	direct-support organization who desires to remain anonymous and
51	all information identifying such donor or prospective donor is
52	confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
53	of the State Constitution. Such anonymity shall be maintained in
54	any auditor's report created pursuant to the annual financial
55	audits required under subsection (5).
56	(b)  This subsection is subject to the Open Government
57	Sunset Review Act in accordance with s. 119.15 and shall stand
58	repealed on October 2, 2016, unless reviewed and saved from
59	repeal through reenactment by the Legislature.
60	Section 3.  The Legislature finds that it is a public
61	necessity that information that would identify the name,
62	address, or telephone number of a donor or prospective donor of
63	a donation made for the benefit of a publicly owned performing
64	arts center be made confidential and exempt from public records
65	requirements if such donor or prospective donor desires to
66	remain anonymous. The Legislature further finds that it is a
67	public necessity that information identifying a donor or
68	prospective donor to the direct-support organization for the
69	Florida Historic Capitol and the Legislative Research Center and
70	Museum be made confidential and exempt from public records
71	requirements if such donor or prospective donor desires to
72	remain anonymous. In order to encourage private support for
73	publicly owned performing arts centers and the direct-support
74	organization, it is a public necessity to promote the giving of
75	gifts to, and the raising of private funds for, the acquisition,
76	renovation, rehabilitation, and operation of publicly owned
77	performing arts centers and the programming and preservation of
78	the Florida Historic Capitol and the Legislative Research Center
79	and Museum. An essential element of an effective plan for
80	promoting the giving of private gifts and the raising of private
81	funds is the need to protect the identity of prospective and
82	actual donors who desire to remain anonymous. If the identity of
83	prospective and actual donors who desire to remain anonymous is
84	subject to disclosure, there is a chilling effect on donations
85	because donors are concerned about disclosure of personal
86	information leading to theft and, in particular, identity theft,
87	including personal safety and security. Therefore, the
88	Legislature finds that it is a public necessity to make
89	confidential and exempt from public records requirements
90	information that would identify a donor or prospective donor of
91	a donation made for the benefit of a publicly owned performing
92	arts center or a donor or prospective donor to the direct-
93	support organization for the Florida Historic Capitol and the
94	Legislative Research Center and Museum if such donor or
95	prospective donor wishes to remain anonymous.
96	Section 4.  This act shall take effect October 1, 2011.

CODING: Words stricken are deletions; words underlined are additions.