HB 1313

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 any record
5	or information that reveals the name, address, or
6	telephone number of a donor or prospective donor of funds
7	or property made for the benefit of a publicly owned
8	performing arts center if the donor desires to remain
9	anonymous; providing for future legislative review and
10	repeal of the exemption under the Open Government Sunset
11	Review Act; providing a statement of public necessity;
12	providing an effective date.
13
14	Be It Enacted by the Legislature of the State of Florida:
15
16	Section 1.  Public records exemption; identifying
17	information of donors to publicly owned performing arts center.-
18	(1)  As used in this section, "publicly owned performing
19	arts center" means a facility that:
20	(a)  Consists of at least 200 seats.
21	(b)  Is owned and operated by the state or a political
22	subdivision of the state.
23	(c)  Is used and occupied to promote development of any or
24	all of the performing, visual, or fine arts, or any or all
25	matters relating thereto, and to encourage and cultivate public
26	and professional knowledge and appreciation of the arts.
27	(2)  Any record or information, or portions thereof, that
28	reveals the name, address, or telephone number of a donor or
29	prospective donor of funds or property for the benefit of a
30	publicly owned performing arts center who desires to remain
31	anonymous is confidential and exempt from s. 119.07(1), Florida
32	Statutes, and s. 24(a), Article I of the State Constitution.
33	(3)  This section is subject to the Open Government Sunset
34	Review Act in accordance with s. 119.15, Florida Statutes, and
35	shall stand repealed on October 2, 2015, unless reviewed and
36	saved from repeal through reenactment by the Legislature.
37	Section 2.  The Legislature finds that it is a public
38	necessity that any record or information that reveals the name,
39	address, or telephone number of a donor or prospective donor of
40	funds or property made for the benefit of a publicly owned
41	performing arts center be made confidential and exempt from
42	public records requirements if the donor or prospective donor
43	desires to remain anonymous. In order to encourage private
44	investment in publicly owned performing arts centers, it is a
45	public necessity to promote the giving of gifts to, and the
46	raising of private funds for, the acquisition, renovation,
47	rehabilitation, and operation of publicly owned performing arts
48	centers. An essential element of a robust plan of promoting the
49	giving of private gifts and the raising of private funds is the
50	need to protect the identity of prospective and actual donors
51	who desire to remain anonymous. If the identities of prospective
52	and actual donors who desire to remain anonymous are subject to
53	disclosure, there is a chilling effect on donations because
54	donors have legitimate concerns about the disclosure of personal
55	information possibly leading to theft and, in particular,
56	identity theft. They are also justifiably concerned about the
57	possibility that such disclosure could jeopardize their personal
58	safety and security. Therefore, the Legislature finds that it is
59	a public necessity to make confidential and exempt from public
60	records requirements any record or information that reveals the
61	name, address, or telephone number of a donor or prospective
62	donor of funds or property made for the benefit of a publicly
63	owned performing arts center if the donor or prospective donor
64	wishes to remain anonymous.
65	Section 3.  This act shall take effect July 1, 2010.

CODING: Words stricken are deletions; words underlined are additions.