Florida Senate - 2022 SB 294 By Senator Garcia 37-00346B-22 2022294__ 1 A bill to be entitled 2 An act relating to public records; amending s. 16.618, 3 F.S.; creating an exemption from public records 4 requirements for personal identifying information of a 5 donor or prospective donor to the direct-support 6 organization of the Statewide Council on Human 7 Trafficking who desires to remain anonymous; providing 8 an exemption from notice requirements for specified 9 meetings; providing for future legislative review and 10 repeal of the exemption under the Open Government 11 Sunset Review Act; providing a statement of public 12 necessity; providing an effective date. 13 14 Be It Enacted by the Legislature of the State of Florida: 15 16 Section 1. Present subsections (11) and (12) of section 17 16.618, Florida Statutes, are redesignated as subsections (12) 18 and (13), respectively, and a new subsection (11) is added to 19 that section, to read: 20 16.618 Direct-support organization.— 21 (11)(a) Any personal identifying information of a donor or 22 prospective donor to the direct-support organization who desires 23 to remain anonymous is confidential and exempt from s. 119.07(1) 24 and s. 24(a), Art. I of the State Constitution. 25 (b) Portions of meetings of the direct-support organization 26 during which personal identifying information of a donor or 27 prospective donor, which is confidential and exempt pursuant to 28 paragraph (a), is discussed are exempt from s. 286.011 and s. 29 24(b), Art. I of the State Constitution. 30 (c) Meetings with prospective donors, meetings to discuss 31 prospective donors, and meetings to discuss fundraising 32 activities once a scheduled event is voted on by the board of 33 the direct-support organization are exempt from s. 120.525. 34 (d) This subsection is subject to the Open Government 35 Sunset Review Act in accordance with s. 119.15 and shall stand 36 repealed on October 2, 2027, unless reviewed and saved from 37 repeal through reenactment by the Legislature. 38 Section 2. The Legislature finds that it is a public 39 necessity that personal identifying information that would 40 identify a donor or prospective donor of a donation made to 41 benefit the direct-support organization of the Statewide Council 42 on Human Trafficking be made confidential and exempt from public 43 records requirements if such donor or prospective donor desires 44 to remain anonymous. In order to encourage private support for 45 the direct-support organization, it is a public necessity to 46 promote the giving of private gifts to, and the raising of 47 private funds for the services provided by, the council. An 48 essential element of an effective plan for promoting the giving 49 of private gifts and the raising of private funds is the 50 protection of the identities of prospective and actual donors 51 who desire to remain anonymous. If the identities of prospective 52 and actual donors who desire to remain anonymous are subject to 53 disclosure, there would be a chilling effect on donations 54 because donors are concerned about disclosure of personal 55 information potentially leading to theft and, in particular, 56 identity theft. Further, the Legislature finds that it is a 57 public necessity to exempt from public meetings requirements 58 that portion of a meeting at which personal identifying 59 information of a donor or prospective donor is discussed. The 60 failure to close that portion of a meeting at which such 61 information is discussed would defeat the purpose of the public 62 records exemption and could result in the release of the 63 identity of a donor or prospective donor, leading to a reduction 64 in donations and the subsequent hindrance of the effective and 65 efficient operation of this governmental program. Therefore, the 66 Legislature finds that it is a public necessity to make 67 confidential and exempt from public records requirements 68 personal identifying information that would identify a donor or 69 prospective donor of a donation made for the benefit of the 70 direct-support organization. 71 Section 3. This act shall take effect October 1, 2022.