HB 617 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to public records and public meetings; 2
amending s. 16.618, F.S.; exempting from public 3
meetings requirements that portion of the Statewide 4
Council on Human Trafficking direct -support 5
organization during which personal identifying 6
information of a donor or prospective donor is 7
discussed; exempting from public records requirements 8
personal identifying information of a donor or 9
prospective donor to the direct-support organization 10
who desires to remain anonymous; providing for 11
legislative review and repeal of the exemptions; 12
providing a statement of public necessity; providing a 13
contingent effective date. 14
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Be It Enacted by the Legislature of t he State of Florida: 16
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Section 1. Subsections (11) and (12) of section 16.618, 18
Florida Statutes, are renumbered as subsections (12) and (13), 19
respectively, and a new subsection (11) is added to that 20
section, to read: 21
16.618 Direct-support organization .— 22
(11)(a) Any personal identifying information of a donor or 23
prospective donor to the direct -support organization who desires 24
to remain anonymous is confidential and exempt from s. 119.07(1) 25
HB 617 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
and s. 24(a), Art. I of the State Constitution. 26
(b) Portions of meetings of the direct -support 27
organization during which personal identifying information of a 28
donor or prospective donor, which is confidential and exempt 29
pursuant to paragraph (a), is discussed are exempt from s. 30
286.011 and s. 24(b), Art. I of the S tate Constitution. 31
(c) Meetings with prospective donors, meetings to discuss 32
prospective donors, and meetings to discuss fundraising 33
activities once a scheduled event is voted on by the board of 34
the direct-support organization are exempt from s. 120.525. 35
(d) This subsection is subject to the Open Government 36
Sunset Review Act in accordance with s. 119.15 and shall stand 37
repealed on October 2, 2027, unless reviewed and saved from 38
repeal through reenactment by the Legislature. 39
Section 2. The Legislature finds that it is a public 40
necessity that personal identifying information that would 41
identify a donor or prospective donor of a donation made to 42
benefit the direct-support organization of the Statewide Council 43
on Human Trafficking be made confidential an d exempt from public 44
records requirements if such donor or prospective donor desires 45
to remain anonymous. In order to encourage private support for 46
the direct-support organization, it is a public necessity to 47
promote the giving of private gifts to, and the raising of 48
private funds for the services provided by, the council. An 49
essential element of an effective plan for promoting the giving 50
HB 617 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
of private gifts and the raising of private funds is the 51
protection of the identities of prospective and actual donors 52
who desire to remain anonymous. If the identities of prospective 53
and actual donors who desire to remain anonymous are subject to 54
disclosure, there would be a chilling effect on donations, 55
because donors are concerned about disclosure of personal 56
information potentially leading to theft and, in particular, 57
identity theft. Further, the Legislature finds that it is a 58
public necessity to exempt from public meeting requirements that 59
portion of a meeting at which personal identifying information 60
of a donor or prospective donor is discussed. The failure to 61
close that portion of a meeting at which such information is 62
discussed would defeat the purpose of the public records 63
exemption and could result in the release of the identity of a 64
donor or prospective donor, lead ing to a reduction in donations 65
and the subsequent hindrance of the effective and efficient 66
operation of this governmental program. Therefore, the 67
Legislature finds that it is a public necessity to make 68
confidential and exempt from public records requireme nts 69
personal identifying information that would identify a donor or 70
prospective donor of a donation made for the benefit of the 71
direct-support organization. 72
Section 3. This act shall take effect on the same date 73
that HB 615 or similar legislation takes effect, if such 74
legislation is adopted in the same legislative session or an 75
HB 617 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
extension thereof and becomes a law. 76