| 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 |
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| 13 | Be It Enacted by the Legislature of the State of Florida: |
| 14 |
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| 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| 33 | shall stand repealed on October 2, 2017, unless reviewed and |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. |