FL
Florida House Bill H0617

Florida 2022 Regular Session

Florida House Bill H0617 Compare Versions

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1010 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
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1414 A bill to be entitled 1
1515 An act relating to public records and public meetings; 2
1616 amending s. 16.618, F.S.; exempting from public 3
1717 meetings requirements that portion of the Statewide 4
1818 Council on Human Trafficking direct -support 5
1919 organization during which personal identifying 6
2020 information of a donor or prospective donor is 7
2121 discussed; exempting from public records requirements 8
2222 personal identifying information of a donor or 9
2323 prospective donor to the direct-support organization 10
24-who desires to remain anonymous; exempting from public 11
25-records requirements any communications between 12
26-direct-support organization board members related to a 13
27-board approved event for which a donor is 14
28-contributing; provid ing for legislative review and 15
29-repeal of the exemptions; providing a statement of 16
30-public necessity; providing a contingent effective 17
31-date. 18
32- 19
33-Be It Enacted by the Legislature of the State of Florida: 20
34- 21
35- Section 1. Subsections (11) and (12) of section 1 6.618, 22
36-Florida Statutes, are renumbered as subsections (12) and (13), 23
37-respectively, and a new subsection (11) is added to that 24
38-section, to read: 25
24+who desires to remain anonymous; providing for 11
25+legislative review and repeal of the exemptions; 12
26+providing a statement of public necessity; providing a 13
27+contingent effective date. 14
28+ 15
29+Be It Enacted by the Legislature of t he State of Florida: 16
30+ 17
31+ Section 1. Subsections (11) and (12) of section 16.618, 18
32+Florida Statutes, are renumbered as subsections (12) and (13), 19
33+respectively, and a new subsection (11) is added to that 20
34+section, to read: 21
35+ 16.618 Direct-support organization .— 22
36+ (11)(a) Any personal identifying information of a donor or 23
37+prospective donor to the direct -support organization who desires 24
38+to remain anonymous is confidential and exempt from s. 119.07(1) 25
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4747 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
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51- 16.618 Direct-support organization. — 26
52- (11)(a) Any personal identifying information of a donor or 27
53-prospective donor to the direct-support organization who desires 28
54-to remain anonymous is confidential and exempt from s. 119.07(1) 29
55-and s. 24(a), Art. I of the State Constitution. 30
56- (b) Any communications between direct -support organization 31
57-board members related to a b oard-approved event for which a 32
58-donor is contributing are confidential and exempt from s. 33
59-119.07(1) and s. 24(a), Art. I of the State Constitution. 34
60- (c) Portions of meetings of the direct -support 35
61-organization during which personal identifying information of a 36
62-donor or prospective donor, which is confidential and exempt 37
63-pursuant to paragraph (a), is discussed are exempt from s. 38
64-286.011 and s. 24(b), Art. I of the State Constitution. 39
65- (d) This subsection is subject to the Open Government 40
66-Sunset Review Act in accordance with s. 119.15 and shall stand 41
67-repealed on October 2, 2027, unless reviewed and saved from 42
68-repeal through reenactment by the Legislature. 43
69- Section 2. The Legislature finds that it is a public 44
70-necessity that personal identifying information that would 45
71-identify a donor or prospective donor of a donation made to 46
72-benefit the direct-support organization of the Statewide Council 47
73-on Human Trafficking be made confidential and exempt from public 48
74-records requirements if such donor or prospective donor desires 49
75-to remain anonymous. In order to encourage private support for 50
51+and s. 24(a), Art. I of the State Constitution. 26
52+ (b) Portions of meetings of the direct -support 27
53+organization during which personal identifying information of a 28
54+donor or prospective donor, which is confidential and exempt 29
55+pursuant to paragraph (a), is discussed are exempt from s. 30
56+286.011 and s. 24(b), Art. I of the S tate Constitution. 31
57+ (c) This subsection is subject to the Open Government 32
58+Sunset Review Act in accordance with s. 119.15 and shall stand 33
59+repealed on October 2, 2027, unless reviewed and saved from 34
60+repeal through reenactment by the Legislature. 35
61+ Section 2. The Legislature finds that it is a public 36
62+necessity that personal identifying information that would 37
63+identify a donor or prospective donor of a donation made to 38
64+benefit the direct-support organization of the Statewide Council 39
65+on Human Trafficking be ma de confidential and exempt from public 40
66+records requirements if such donor or prospective donor desires 41
67+to remain anonymous. In order to encourage private support for 42
68+the direct-support organization, it is a public necessity to 43
69+promote the giving of private gifts to, and the raising of 44
70+private funds for the services provided by, the council. An 45
71+essential element of an effective plan for promoting the giving 46
72+of private gifts and the raising of private funds is the 47
73+protection of the identities of prospective a nd actual donors 48
74+who desire to remain anonymous. If the identities of prospective 49
75+and actual donors who desire to remain anonymous are subject to 50
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8484 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
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88-the direct-support organization, it is a public necessity to 51
89-promote the giving of private gifts to, and the raising of 52
90-private funds for the services provided by, the council. An 53
91-essential element of an effective plan for promoting the giving 54
92-of private gifts and the raising of private funds is the 55
93-protection of the identities of prospective and actual donors 56
94-who desire to remain anonymous. If the identities of prospective 57
95-and actual donors who desire to remain anonymous are subject to 58
96-disclosure, there would be a chilling effect on donations, 59
97-because donors are concerned about disclosure of personal 60
98-information potentially leading to theft and, in particular, 61
99-identity theft. Further, t he Legislature finds that it is a 62
100-public necessity to exempt from public meeting requirements that 63
101-portion of a meeting at which personal identifying information 64
102-of a donor or prospective donor is discussed. The failure to 65
103-close that portion of a meeting a t which such information is 66
104-discussed would defeat the purpose of the public records 67
105-exemption and could result in the release of the identity of a 68
106-donor or prospective donor, leading to a reduction in donations 69
107-and the subsequent hindrance of the effectiv e and efficient 70
108-operation of this governmental program. Therefore, the 71
109-Legislature finds that it is a public necessity to make 72
110-confidential and exempt from public records requirements 73
111-personal identifying information that would identify a donor or 74
112-prospective donor of a donation made for the benefit of the 75
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121-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
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125-direct-support organization. 76
126- Section 3. This act shall take effect on the same date 77
127-that HB 615 or similar legislation takes effect , if such 78
128-legislation is adopted in the same legislative session or an 79
129-extension thereof and becomes a law. 80
88+disclosure, there would be a chilling effect on donations, 51
89+because donors are concerned about disclosure of pe rsonal 52
90+information potentially leading to theft and, in particular, 53
91+identity theft. Further, the Legislature finds that it is a 54
92+public necessity to exempt from public meeting requirements that 55
93+portion of a meeting at which personal identifying information 56
94+of a donor or prospective donor is discussed. The failure to 57
95+close that portion of a meeting at which such information is 58
96+discussed would defeat the purpose of the public records 59
97+exemption and could result in the release of the identity of a 60
98+donor or prospective donor, leading to a reduction in donations 61
99+and the subsequent hindrance of the effective and efficient 62
100+operation of this governmental program. Therefore, the 63
101+Legislature finds that it is a public necessity to make 64
102+confidential and exempt from public records requirements 65
103+personal identifying information that would identify a donor or 66
104+prospective donor of a donation made for the benefit of the 67
105+direct-support organization. 68
106+ Section 3. This act shall take effect on the same date 69
107+that HB 615 or similar legislation takes effect , if such 70
108+legislation is adopted in the same legislative session or an 71
109+extension thereof and becomes a law. 72