Florida Senate - 2012                                     SB 374
       
       
       
       By Senator Detert
       
       
       
       
       23-00442-12                                            2012374__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         272.136, F.S.; exempting from public record
    4         requirements all identifying information of a donor or
    5         prospective donor to the direct-support organization
    6         of the Florida Historic Capitol and the Legislative
    7         Research Center and Museum; providing for future
    8         repeal and legislative review of the exemption under
    9         the Open Government Sunset Review Act; providing a
   10         statement of public necessity; providing an effective
   11         date.
   12  
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Subsection (7) is added to section 272.136,
   16  Florida Statutes, to read:
   17         272.136 Direct-support organization.—The Legislative
   18  Research Center and Museum at the Historic Capitol and the
   19  Capitol Curator may establish a direct-support organization to
   20  provide assistance and promotional support through fundraising
   21  for the Florida Historic Capitol and the Legislative Research
   22  Center and Museum, including, but not limited to, their
   23  educational programs and initiatives.
   24         (7)(a) The identity of a donor or prospective donor to the
   25  direct-support organization who desires to remain anonymous and
   26  all information identifying such donor or prospective donor is
   27  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
   28  of the State Constitution. Such anonymity shall be maintained in
   29  any auditor’s report created pursuant to the annual financial
   30  audit required under subsection (5).
   31         (b) 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   33  repealed on October 2, 2017, unless reviewed and saved from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 that information identifying a donor or prospective
   37  donor to the direct-support organization for the Florida
   38  Historic Capitol and the Legislative Research Center and Museum
   39  be made confidential and exempt from public records requirements
   40  if such donor or prospective donor desires to remain anonymous.
   41  In order to encourage private support for the direct-support
   42  organization, it is a public necessity to promote the giving of
   43  gifts to, and the raising of private funds for, the acquisition,
   44  renovation, rehabilitation, and the programming and preservation
   45  of the Florida Historic Capitol and the Legislative Research
   46  Center and Museum. An essential element of an effective plan for
   47  promoting the giving of private gifts and the raising of private
   48  funds is the need to protect the identity of prospective and
   49  actual donors who desire to remain anonymous. If the identity of
   50  prospective and actual donors who desire to remain anonymous is
   51  subject to disclosure, there is a chilling effect on donations
   52  because donors are concerned about disclosure of personal
   53  information leading to theft and, in particular, identity theft,
   54  including personal safety and security. Therefore, the
   55  Legislature finds that it is a public necessity to make
   56  confidential and exempt from public records requirements
   57  information that would identify a donor or prospective donor to
   58  the direct-support organization for the Florida Historic Capitol
   59  and the Legislative Research Center and Museum if such donor or
   60  prospective donor wishes to remain anonymous.
   61         Section 3. This act shall take effect July 1, 2012.