Bill Text: FL H0351 | 2012 | Regular Session | Introduced

---

Bill Title: Public Records

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2012-03-06 - Laid on Table, refer to SB 570 -HJ 1115 [H0351 Detail]

Download: Florida-2012-H0351-Introduced.html

---

HB 351

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33	shall stand repealed on October 2, 2017, unless reviewed and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.

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