Bill Text: FL S1340 | 2010 | Regular Session | Engrossed
Bill Title: Pub. Rec./Arts Center/Capitol & Research Center [EPSC]
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2010-04-30 - Died in Messages [S1340 Detail]
Download: Florida-2010-S1340-Engrossed.html
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subject to the Open Government Sunset 38 Review Act in accordance with s. 119.15, Florida Statutes, and 39 shall stand repealed on October 2, 2015, unless reviewed and 40 saved from repeal through reenactment by the Legislature. 41 Section 2.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.
