Florida Senate - 2012 SB 570 By Senator Ring 32-00617-12 2012570__ 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, municipality, or 20 special district, 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subject to the Open Government Sunset 32 Review Act in accordance with s. 119.15, Florida Statutes, and 33 shall stand repealed on October 2, 2017, unless reviewed and 34 saved from repeal through reenactment by the Legislature. 35 Section 2.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 such donor or prospective donor desires to 41 remain anonymous. In order to encourage private support for 42 publicly owned performing arts centers, it is a public necessity 43 to promote the giving of gifts to, and the raising of private 44 funds for, the acquisition, renovation, rehabilitation, and 45 operation of publicly owned performing arts centers. An 46 essential element of an effective plan for promoting the giving 47 of private gifts and the raising of private funds is the need to 48 protect the identity of prospective and actual donors who desire 49 to remain anonymous. If the identity of prospective and actual 50 donors who desire to remain anonymous is subject to disclosure, 51 there is a chilling effect on donations because donors are 52 concerned about disclosure of personal information leading to 53 theft and, in particular, identity theft, including personal 54 safety and security. Therefore, the Legislature finds that it is 55 a public necessity to make confidential and exempt from public 56 records 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 such donor or 59 prospective donor wishes to remain anonymous. 60 Section 3. This act shall take effect October 1, 2012.