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       Florida Senate - 2010                             CS for SB 1340
       
       
       
       By the Committee on Commerce; and Senator Ring
       
       
       
       
       577-04359-10                                          20101340c1
    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 a county or municipality, which
   20  is used and occupied to promote development of any or all of the
   21  performing, visual, or fine arts or any or all matters relating
   22  thereto and to encourage and cultivate public and professional
   23  knowledge and appreciation of the arts.
   24         (2)If a donor or prospective donor of a donation made for
   25  the benefit of a publicly owned performing arts center desires
   26  to remain anonymous, information that would identify the name,
   27  address, or telephone number of that donor or prospective donor
   28  is confidential and exempt from s. 119.07(1), Florida Statutes,
   29  and s. 24(a), Article I of the State Constitution.
   30         (3)This section is subject to the Open Government Sunset
   31  Review Act in accordance with s. 119.15, Florida Statutes, and
   32  shall stand repealed on October 2, 2015, unless reviewed and
   33  saved from repeal through reenactment by the Legislature.
   34         Section 2. The Legislature finds that it is a public
   35  necessity that information that would identify the name,
   36  address, or telephone number of a donor or prospective donor of
   37  a donation made for the benefit of a publicly owned performing
   38  arts center be made confidential and exempt from public-records
   39  requirements if the donor or prospective donor desires to remain
   40  anonymous. In order to encourage private investment in publicly
   41  owned performing arts centers, it is a public necessity to
   42  promote the giving of gifts to, and the raising of private funds
   43  for, the acquisition, renovation, rehabilitation, and operation
   44  of publicly owned performing arts centers. An essential element
   45  of a robust plan of promoting the giving of private gifts and
   46  the raising of private funds is the need to protect the identity
   47  of prospective and actual donors who desire to remain anonymous.
   48  If the identity of prospective and actual donors who desire to
   49  remain anonymous is subject to disclosure, there is a chilling
   50  effect on donations because donors are concerned about
   51  disclosure of personal information leading to theft and, in
   52  particular, identity theft, including personal safety and
   53  security. Therefore, the Legislature finds that it is a public
   54  necessity to make confidential and exempt from public-records
   55  requirements information that would identify a donor or
   56  prospective donor of a donation made for the benefit of a
   57  publicly owned performing arts center if the donor or
   58  prospective donor wishes to remain anonymous.
   59         Section 3. This act shall take effect July 1, 2010.

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