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       Florida Senate - 2010                                    SB 1340
       
       
       
       By Senator Ring
       
       
       
       
       32-01223-10                                           20101340__
    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
    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 the state or a political
   20  subdivision of the state, 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   33  shall stand repealed on October 2, 2015, unless reviewed and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 the donor or prospective donor desires to remain
   41  anonymous. In order to encourage private investment in publicly
   42  owned performing arts centers, it is a public necessity to
   43  promote the giving of gifts to, and the raising of private funds
   44  for, the acquisition, renovation, rehabilitation, and operation
   45  of publicly owned performing arts centers. An essential element
   46  of a robust plan of promoting the giving of private gifts and
   47  the raising of private funds is the need to protect the identity
   48  of prospective and actual donors who desire to remain anonymous.
   49  If the identity of prospective and actual donors who desire to
   50  remain anonymous is subject to disclosure, there is a chilling
   51  effect on donations because donors are concerned about
   52  disclosure of personal information leading to theft and, in
   53  particular, identity theft, including personal safety and
   54  security. Therefore, the Legislature finds that it is a public
   55  necessity to make confidential and exempt from public-records
   56  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 the donor or
   59  prospective donor wishes to remain anonymous.
   60         Section 3. This act shall take effect July 1, 2010.

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