ENROLLED 2012 Legislature SB 374 2012374er 1 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This subsection is subject to the Open Government 32 Sunset Review Act in accordance with s. 119.15 and shall stand 33 repealed on October 2, 2017, unless reviewed and saved from 34 repeal through reenactment by the Legislature. 35 Section 2.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.