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
2An act relating to public records; defining the term
3"publicly owned performing arts center"; creating an
4exemption from public records requirements for
5information that identifies a donor or prospective
6donor of a donation made for the benefit of a publicly
7owned performing arts center if the donor desires to
8remain anonymous; providing for future legislative
9review and repeal of the exemption under the Open
10Government Sunset Review Act; providing a statement of
11public necessity; providing an effective date.
12
13Be It Enacted by the Legislature of the State of Florida:
14
15     Section 1.  Confidentiality of certain donor information
16related to a publicly owned performing arts center.-
17     (1)  As used in this section, the term "publicly owned
18performing arts center" means a facility consisting of at least
19200 seats, owned and operated by a county, municipality, or
20special district, which is used and occupied to promote
21development of any or all of the performing, visual, or fine
22arts or any or all matters relating thereto and to encourage and
23cultivate public and professional knowledge and appreciation of
24the arts.
25     (2)  If a donor or prospective donor of a donation made for
26the benefit of a publicly owned performing arts center desires
27to remain anonymous, information that would identify the name,
28address, or telephone number of that donor or prospective donor
29is confidential and exempt from s. 119.07(1), Florida Statutes,
30and s. 24(a), Article I of the State Constitution.
31     (3)  This section is subject to the Open Government Sunset
32Review Act in accordance with s. 119.15, Florida Statutes, and
33shall stand repealed on October 2, 2017, unless reviewed and
34saved from repeal through reenactment by the Legislature.
35     Section 2.  The Legislature finds that it is a public
36necessity that information that would identify the name,
37address, or telephone number of a donor or prospective donor of
38a donation made for the benefit of a publicly owned performing
39arts center be made confidential and exempt from public records
40requirements if such donor or prospective donor desires to
41remain anonymous. In order to encourage private support for
42publicly owned performing arts centers, it is a public necessity
43to promote the giving of gifts to, and the raising of private
44funds for, the acquisition, renovation, rehabilitation, and
45operation of publicly owned performing arts centers. An
46essential element of an effective plan for promoting the giving
47of private gifts and the raising of private funds is the need to
48protect the identity of prospective and actual donors who desire
49to remain anonymous. If the identity of prospective and actual
50donors who desire to remain anonymous is subject to disclosure,
51there is a chilling effect on donations because donors are
52concerned about disclosure of personal information leading to
53theft and, in particular, identity theft, including personal
54safety and security. Therefore, the Legislature finds that it is
55a public necessity to make confidential and exempt from public
56records requirements information that would identify a donor or
57prospective donor of a donation made for the benefit of a
58publicly owned performing arts center if such donor or
59prospective 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.
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