ENROLLED
       2012 Legislature                                          SB 570
       
       
       
       
       
       
                                                              2012570er
    1  
    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
    5         information that identifies a donor or prospective
    6         donor of a donation made for the benefit of a publicly
    7         owned performing arts center if the donor desires to
    8         remain anonymous; providing for future legislative
    9         review and repeal of the exemption under the Open
   10         Government Sunset Review Act; providing a statement of
   11         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 performing arts center.—
   17         (1) As used in this section, the term “publicly owned
   18  performing arts center” means a facility consisting of at least
   19  200 seats, owned and operated by a county, municipality, or
   20  special district, which is used and occupied to promote
   21  development of any or all of the performing, visual, or fine
   22  arts or any or all matters relating thereto and to encourage and
   23  cultivate public and professional knowledge and appreciation of
   24  the arts.
   25         (2) If a donor or prospective donor of a donation made for
   26  the benefit of a publicly owned performing arts center desires
   27  to remain anonymous, information that would identify the name,
   28  address, or telephone number of that donor or prospective donor
   29  is confidential and exempt from s. 119.07(1), Florida Statutes,
   30  and s. 24(a), Article I of the State Constitution.
   31         (3) This section is subject to the Open Government Sunset
   32  Review Act in accordance with s. 119.15, Florida Statutes, and
   33  shall stand repealed on October 2, 2017, unless reviewed and
   34  saved from repeal through reenactment by the Legislature.
   35         Section 2. The Legislature finds that it is a public
   36  necessity that information that would identify the name,
   37  address, or telephone number of a donor or prospective donor of
   38  a donation made for the benefit of a publicly owned performing
   39  arts center be made confidential and exempt from public records
   40  requirements if such donor or prospective donor desires to
   41  remain anonymous. In order to encourage private support for
   42  publicly owned performing arts centers, it is a public necessity
   43  to promote the giving of gifts to, and the raising of private
   44  funds for, the acquisition, renovation, rehabilitation, and
   45  operation of publicly owned performing arts centers. An
   46  essential element of an effective plan for promoting the giving
   47  of private gifts and the raising of private funds is the need to
   48  protect the identity of prospective and actual donors who desire
   49  to remain anonymous. If the identity of prospective and actual
   50  donors who desire to remain anonymous is subject to disclosure,
   51  there is a chilling effect on donations because donors are
   52  concerned about disclosure of personal information leading to
   53  theft and, in particular, identity theft, including personal
   54  safety and security. Therefore, the Legislature finds that it is
   55  a public necessity to make confidential and exempt from public
   56  records requirements information that would identify a donor or
   57  prospective donor of a donation made for the benefit of a
   58  publicly owned performing arts center if such donor or
   59  prospective donor wishes to remain anonymous.
   60         Section 3. This act shall take effect October 1, 2012.