CS/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
CS/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) This subsection is subject to the Open Government 32
Sunset Review Act in accordance with s. 119.15 and shall stand 33
repealed on October 2, 2027, unless reviewed and saved from 34
repeal through reenactment by the Legislature. 35
Section 2. The Legislature finds that it is a public 36
necessity that personal identifying information that would 37
identify a donor or prospective donor of a donation made to 38
benefit the direct-support organization of the Statewide Council 39
on Human Trafficking be ma de confidential and exempt from public 40
records requirements if such donor or prospective donor desires 41
to remain anonymous. In order to encourage private support for 42
the direct-support organization, it is a public necessity to 43
promote the giving of private gifts to, and the raising of 44
private funds for the services provided by, the council. An 45
essential element of an effective plan for promoting the giving 46
of private gifts and the raising of private funds is the 47
protection of the identities of prospective a nd actual donors 48
who desire to remain anonymous. If the identities of prospective 49
and actual donors who desire to remain anonymous are subject to 50
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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
disclosure, there would be a chilling effect on donations, 51
because donors are concerned about disclosure of pe rsonal 52
information potentially leading to theft and, in particular, 53
identity theft. Further, the Legislature finds that it is a 54
public necessity to exempt from public meeting requirements that 55
portion of a meeting at which personal identifying information 56
of a donor or prospective donor is discussed. The failure to 57
close that portion of a meeting at which such information is 58
discussed would defeat the purpose of the public records 59
exemption and could result in the release of the identity of a 60
donor or prospective donor, leading to a reduction in donations 61
and the subsequent hindrance of the effective and efficient 62
operation of this governmental program. Therefore, the 63
Legislature finds that it is a public necessity to make 64
confidential and exempt from public records requirements 65
personal identifying information that would identify a donor or 66
prospective donor of a donation made for the benefit of the 67
direct-support organization. 68
Section 3. This act shall take effect on the same date 69
that HB 615 or similar legislation takes effect , if such 70
legislation is adopted in the same legislative session or an 71
extension thereof and becomes a law. 72