Senate Bill 294 (2022) — Public records
SB 294
Florida Bills
Florida Senate - 2022 SB By Senator Garcia 37-00346B-22 2022294__ CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled
An act relating to public records; amending s. 16.618, 2 F.S.; creating an exemption from public records requirements for personal identifying information of a donor or prospective donor to the direct-support organization of the Statewide Council on Human Trafficking who desires to remain anonymous; providing an exemption from notice requirements for specified meetings; providing for future legislative review and repeal of the exemption under the Open Government Sunset Review Act; providing a statement of public necessity; providing an effective date. 12
Be It Enacted by the Legislature of the State of Florida: 14
Section 1. Present subsections (11) and (12) of
section 16 16.618, Florida Statutes, are redesignated as subsections (12) 17 and (13), respectively, and a new subsection (11) is added to that section, to read: 19 16.618 Direct-support organization.— 20 (11)(
a) Any personal identifying information of a donor or prospective donor to the direct-support organization who desires to remain anonymous is confidential and exempt from s. 119.07(1) 23 and s. 24(a), Art. I of the State Constitution. 24
(
b) Portions of meetings of the direct-support organization during which personal identifying information of a donor or prospective donor, which is confidential and exempt pursuant to paragraph (a), is discussed are exempt from s. 286.011 and s. 28 24(b), Art. I of the State Constitution. 29 Florida Senate - 2022 SB 294 37-00346B-22 2022294__ CODING: Words stricken are deletions; words underlined are additions.
(
c) Meetings with prospective donors, meetings to discuss prospective donors, and meetings to discuss fundraising activities once a scheduled event is voted on by the board of the direct-support organization are exempt from s. 120.525. 33
(
d) This subsection is subject to the Open Government Sunset Review Act in accordance with s. 119.15 and shall stand repealed on October 2, 2027, unless reviewed and saved from repeal through reenactment by the Legislature. 37
Section 2. The Legislature finds that it is a public necessity that personal identifying information that would identify a donor or prospective donor of a donation made to benefit the direct-support organization of the Statewide Council on Human Trafficking be made confidential and exempt from public records requirements if such donor or prospective donor desires to remain anonymous. In order to encourage private support for the direct-support organization, it is a public necessity to promote the giving of private gifts to, and the raising of private funds for the services provided by, the council.
An essential element of an effective plan for promoting the giving of private gifts and the raising of private funds is the protection of the identities of prospective and actual donors who desire to remain anonymous. If the identities of prospective and actual donors who desire to remain anonymous are subject to disclosure, there would be a chilling effect on donations because donors are concerned about disclosure of personal information potentially leading to theft and, in particular, 55 identity theft.
Further, the Legislature finds that it is a public necessity to exempt from public meetings requirements that portion of a meeting at which personal identifying Florida Senate - 2022 SB 294 37-00346B-22 2022294__ CODING: Words stricken are deletions; words underlined are additions. information of a donor or prospective donor is discussed.
The failure to close that portion of a meeting at which such information is discussed would defeat the purpose of the public records exemption and could result in the release of the identity of a donor or prospective donor, leading to a reduction in donations and the subsequent hindrance of the effective and efficient operation of this governmental program.
Therefore, the Legislature finds that it is a public necessity to make confidential and exempt from public records requirements personal identifying information that would identify a donor or prospective donor of a donation made for the benefit of the direct-support organization. 70