Florida Senate - 2022                                     SB 294
       
       
        
       By Senator Garcia
       
       
       
       
       
       37-00346B-22                                           2022294__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s. 16.618,
    3         F.S.; creating an exemption from public records
    4         requirements for personal identifying information of a
    5         donor or prospective donor to the direct-support
    6         organization of the Statewide Council on Human
    7         Trafficking who desires to remain anonymous; providing
    8         an exemption from notice requirements for specified
    9         meetings; providing for future legislative review and
   10         repeal of the exemption under the Open Government
   11         Sunset Review Act; providing a statement of public
   12         necessity; providing an effective date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Present subsections (11) and (12) of section
   17  16.618, Florida Statutes, are redesignated as subsections (12)
   18  and (13), respectively, and a new subsection (11) is added to
   19  that section, to read:
   20         16.618 Direct-support organization.—
   21         (11)(a) Any personal identifying information of a donor or
   22  prospective donor to the direct-support organization who desires
   23  to remain anonymous is confidential and exempt from s. 119.07(1)
   24  and s. 24(a), Art. I of the State Constitution.
   25         (b) Portions of meetings of the direct-support organization
   26  during which personal identifying information of a donor or
   27  prospective donor, which is confidential and exempt pursuant to
   28  paragraph (a), is discussed are exempt from s. 286.011 and s.
   29  24(b), Art. I of the State Constitution.
   30         (c) Meetings with prospective donors, meetings to discuss
   31  prospective donors, and meetings to discuss fundraising
   32  activities once a scheduled event is voted on by the board of
   33  the direct-support organization are exempt from s. 120.525.
   34         (d) This subsection is subject to the Open Government
   35  Sunset Review Act in accordance with s. 119.15 and shall stand
   36  repealed on October 2, 2027, unless reviewed and saved from
   37  repeal through reenactment by the Legislature.
   38         Section 2. The Legislature finds that it is a public
   39  necessity that personal identifying information that would
   40  identify a donor or prospective donor of a donation made to
   41  benefit the direct-support organization of the Statewide Council
   42  on Human Trafficking be made confidential and exempt from public
   43  records requirements if such donor or prospective donor desires
   44  to remain anonymous. In order to encourage private support for
   45  the direct-support organization, it is a public necessity to
   46  promote the giving of private gifts to, and the raising of
   47  private funds for the services provided by, the council. An
   48  essential element of an effective plan for promoting the giving
   49  of private gifts and the raising of private funds is the
   50  protection of the identities 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 would be a chilling effect on donations
   54  because donors are concerned about disclosure of personal
   55  information potentially leading to theft and, in particular,
   56  identity theft. Further, the Legislature finds that it is a
   57  public necessity to exempt from public meetings requirements
   58  that portion of a meeting at which personal identifying
   59  information of a donor or prospective donor is discussed. The
   60  failure to close that portion of a meeting at which such
   61  information is discussed would defeat the purpose of the public
   62  records exemption and could result in the release of the
   63  identity of a donor or prospective donor, leading to a reduction
   64  in donations and the subsequent hindrance of the effective and
   65  efficient operation of this governmental program. Therefore, the
   66  Legislature finds that it is a public necessity to make
   67  confidential and exempt from public records requirements
   68  personal identifying information that would identify a donor or
   69  prospective donor of a donation made for the benefit of the
   70  direct-support organization.
   71         Section 3. This act shall take effect October 1, 2022.