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repealed on October 2, 2027, unless reviewed and saved from 42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