| 1 | A bill to be entitled |
| 2 | An act relating to public records; amending s. |
| 3 | 272.136, F.S.; exempting from public record |
| 4 | requirements all identifying information of a donor or |
| 5 | prospective donor to the direct-support organization |
| 6 | of the Florida Historic Capitol and the Legislative |
| 7 | Research Center and Museum; providing for future |
| 8 | repeal and legislative review of the exemption under |
| 9 | the Open Government Sunset Review Act; providing a |
| 10 | statement of public necessity; providing an effective |
| 11 | date. |
| 12 |
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| 13 | Be It Enacted by the Legislature of the State of Florida: |
| 14 |
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| 15 | Section 1. Subsection (7) is added to section 272.136, |
| 16 | Florida Statutes, to read: |
| 17 | 272.136 Direct-support organization.-The Legislative |
| 18 | Research Center and Museum at the Historic Capitol and the |
| 19 | Capitol Curator may establish a direct-support organization to |
| 20 | provide assistance and promotional support through fundraising |
| 21 | for the Florida Historic Capitol and the Legislative Research |
| 22 | Center and Museum, including, but not limited to, their |
| 23 | educational programs and initiatives. |
| 24 | (7)(a) The identity of a donor or prospective donor to the |
| 25 | direct-support organization who desires to remain anonymous and |
| 26 | all information identifying such donor or prospective donor is |
| 27 | confidential and exempt from s. 119.07(1) and s. 24(a), Art. I |
| 28 | of the State Constitution. Such anonymity shall be maintained in |
| 29 | any auditor's report created pursuant to the annual financial |
| 30 | audit required under subsection (5). |
| 31 | (b) This subsection is subject to the Open Government |
| 32 | Sunset Review Act in accordance with s. 119.15 and shall stand |
| 33 | repealed on October 2, 2017, unless reviewed and saved from |
| 34 | repeal through reenactment by the Legislature. |
| 35 | Section 2. The Legislature finds that it is a public |
| 36 | necessity that information identifying a donor or prospective |
| 37 | donor to the direct-support organization for the Florida |
| 38 | Historic Capitol and the Legislative Research Center and Museum |
| 39 | be made confidential and exempt from public records requirements |
| 40 | if such donor or prospective donor desires to remain anonymous. |
| 41 | In order to encourage private support for the direct-support |
| 42 | organization, it is a public necessity to promote the giving of |
| 43 | gifts to, and the raising of private funds for, the acquisition, |
| 44 | renovation, rehabilitation, and the programming and preservation |
| 45 | of the Florida Historic Capitol and the Legislative Research |
| 46 | Center and Museum. An essential element of an effective plan for |
| 47 | promoting the giving of private gifts and the raising of private |
| 48 | funds is the need to protect the identity of prospective and |
| 49 | actual donors who desire to remain anonymous. If the identity of |
| 50 | prospective and actual donors who desire to remain anonymous is |
| 51 | subject to disclosure, there is a chilling effect on donations |
| 52 | because donors are concerned about disclosure of personal |
| 53 | information leading to theft and, in particular, identity theft, |
| 54 | including personal safety and security. Therefore, the |
| 55 | Legislature finds that it is a public necessity to make |
| 56 | confidential and exempt from public records requirements |
| 57 | information that would identify a donor or prospective donor to |
| 58 | the direct-support organization for the Florida Historic Capitol |
| 59 | and the Legislative Research Center and Museum if such donor or |
| 60 | prospective donor wishes to remain anonymous. |
| 61 | Section 3. This act shall take effect July 1, 2012. |