September 20, 2020
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       CS for SB 1340                                   First Engrossed
       
       
       
       
       
       
       
       
       20101340e1
       
    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; amending s. 272.136,
   11         F.S.; creating an exemption from public-records
   12         requirements for information identifying a donor or
   13         prospective donor to the direct-support organization
   14         of the Legislative Research Center and Museum at the
   15         Historic Capitol; providing for future legislative
   16         review and repeal of the exemption under the Open
   17         Government Sunset Review Act; providing a statement of
   18         public necessity; providing an effective date.
   19  
   20  Be It Enacted by the Legislature of the State of Florida:
   21  
   22         Section 1. Confidentiality of certain donor information
   23  related to a publicly owned performing arts center.—
   24         (1)As used in this section, the term “publicly owned
   25  performing arts center” means a facility consisting of at least
   26  200 seats, owned and operated by a county or municipality, which
   27  is used and occupied to promote development of any or all of the
   28  performing, visual, or fine arts or any or all matters relating
   29  thereto and to encourage and cultivate public and professional
   30  knowledge and appreciation of the arts.
   31         (2)If a donor or prospective donor of a donation made for
   32  the benefit of a publicly owned performing arts center desires
   33  to remain anonymous, information that would identify the name,
   34  address, or telephone number of that donor or prospective donor
   35  is confidential and exempt from s. 119.07(1), Florida Statutes,
   36  and s. 24(a), Article I of the State Constitution.
   37         (3)This section is subject to the Open Government Sunset
   38  Review Act in accordance with s. 119.15, Florida Statutes, and
   39  shall stand repealed on October 2, 2015, unless reviewed and
   40  saved from repeal through reenactment by the Legislature.
   41         Section 2. Subsection (7) is added to section 272.136,
   42  Florida Statutes, to read:
   43         272.136 Direct-support organization.—The Legislative
   44  Research Center and Museum at the Historic Capitol and the
   45  Capitol Curator may establish a direct-support organization to
   46  provide assistance and promotional support through fundraising
   47  for the Florida Historic Capitol and the Legislative Research
   48  Center and Museum, including, but not limited to, their
   49  educational programs and initiatives.
   50         (7)(a) The identity of a donor or prospective donor to the
   51  direct-support organization who desires to remain anonymous and
   52  all information identifying such donor or prospective donor is
   53  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
   54  of the State Constitution. Such anonymity shall be maintained in
   55  any auditor’s report created pursuant to the annual financial
   56  audits required under subsection (5).
   57         (b) This subsection is subject to the Open Government
   58  Sunset Review Act in accordance with s. 119.15 and shall stand
   59  repealed on October 2, 2015, unless reviewed and saved from
   60  repeal through reenactment by the Legislature.
   61         Section 3. The Legislature finds that it is a public
   62  necessity that information that would identify the name,
   63  address, or telephone number of a donor or prospective donor of
   64  a donation made for the benefit of a publicly owned performing
   65  arts center be made confidential and exempt from public-records
   66  requirements if such donor or prospective donor desires to
   67  remain anonymous. The Legislature further finds that it is a
   68  public necessity that information identifying a donor or
   69  prospective donor to the direct-support organization for the
   70  Florida Historic Capitol and the Legislative Research Center and
   71  Museum be made confidential and exempt from public-records
   72  requirements if such donor or prospective donor desires to
   73  remain anonymous. In order to encourage private support for
   74  publicly owned performing arts centers and the direct-support
   75  organization, it is a public necessity to promote the giving of
   76  gifts to, and the raising of private funds for, the acquisition,
   77  renovation, rehabilitation, and operation of publicly owned
   78  performing arts centers and the programming and preservation of
   79  the Florida Historic Capitol and the Legislative Research Center
   80  and Museum. An essential element of an effective plan for
   81  promoting the giving of private gifts and the raising of private
   82  funds is the need to protect the identity of prospective and
   83  actual donors who desire to remain anonymous. If the identity of
   84  prospective and actual donors who desire to remain anonymous is
   85  subject to disclosure, there is a chilling effect on donations
   86  because donors are concerned about disclosure of personal
   87  information leading to theft and, in particular, identity theft,
   88  including personal safety and security. Therefore, the
   89  Legislature finds that it is a public necessity to make
   90  confidential and exempt from public-records requirements
   91  information that would identify a donor or prospective donor of
   92  a donation made for the benefit of a publicly owned performing
   93  arts center or a donor or prospective donor to the direct
   94  support organization for the Florida Historic Capitol and the
   95  Legislative Research Center and Museum if such donor or
   96  prospective donor wishes to remain anonymous.
   97         Section 4. This act shall take effect July 1, 2010.

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