| 1 | A bill to be entitled |
| 2 | An act relating to public records exemptions; amending s. |
| 3 | 257.43, F.S.; providing an exemption from public records |
| 4 | requirements for the identity of donors to the citizen |
| 5 | support organization created to provide assistance, |
| 6 | funding, and promotional support for the library, |
| 7 | archives, and records management programs of the Division |
| 8 | of Library and Information Services of the Department of |
| 9 | State who desire to remain anonymous; providing for review |
| 10 | and repeal; amending s. 265.703, F.S.; providing an |
| 11 | exemption from public records requirements for the |
| 12 | identity of donors to the citizen support organization |
| 13 | created to provide assistance, funding, and promotional |
| 14 | support for the cultural and arts programs of the Division |
| 15 | of Cultural Affairs of the Department of State who desire |
| 16 | to remain anonymous; providing for review and repeal; |
| 17 | providing a statement of public necessity; providing a |
| 18 | contingent effective date. |
| 19 |
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| 20 | Be It Enacted by the Legislature of the State of Florida: |
| 21 |
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| 22 | Section 1. Subsection (3) of section 257.43, Florida |
| 23 | Statutes, as created by HB 1305, 2005 Regular Session, is |
| 24 | amended to read: |
| 25 | 257.43 Citizen support organization; use of state |
| 26 | administrative services and property; audit.-- |
| 27 | (3)(a) ANNUAL AUDIT.--The citizen support organization |
| 28 | shall provide for an annual financial audit in accordance with |
| 29 | s. 215.981. The identity of donors who desire to remain |
| 30 | anonymous shall be confidential and exempt from s. 119.07(1) and |
| 31 | s. 24(a), Art. I of the State Constitution, and that anonymity |
| 32 | shall be maintained in the auditor's report. |
| 33 | (b) This subsection is subject to the Open Government |
| 34 | Sunset Review Act of 1995 in accordance with s. 119.15 and shall |
| 35 | stand repealed on October 2, 2010, unless reviewed and saved |
| 36 | from repeal through reenactment by the Legislature. |
| 37 | Section 2. Subsection (3) of section 265.703, Florida |
| 38 | Statutes, as created by HB 1305, 2005 Regular Session, is |
| 39 | amended to read: |
| 40 | 265.703 Citizen support organization; use of state |
| 41 | administrative services and property; audit.-- |
| 42 | (3)(a) ANNUAL AUDIT.--The citizen support organization |
| 43 | shall provide for an annual financial audit in accordance with |
| 44 | s. 215.981. The identity of donors who desire to remain |
| 45 | anonymous shall be confidential and exempt from s. 119.07(1) and |
| 46 | s. 24(a), Art. I of the State Constitution, and that anonymity |
| 47 | shall be maintained in the auditor's report. |
| 48 | (b) This subsection is subject to the Open Government |
| 49 | Sunset Review Act of 1995 in accordance with s. 119.15 and shall |
| 50 | stand repealed on October 2, 2010, unless reviewed and saved |
| 51 | from repeal through reenactment by the Legislature. |
| 52 | Section 3. The Legislature finds that it is a public |
| 53 | necessity that the identity of donors to the citizen support |
| 54 | organizations created to provide assistance, funding, and |
| 55 | promotional support for the library, archives, and records |
| 56 | management programs of the Division of Library and Information |
| 57 | Services of the Department of State and for the cultural and |
| 58 | arts programs of the Division of Cultural Affairs of the |
| 59 | Department of State who desire to remain anonymous be held |
| 60 | confidential and exempt from s. 119.07(1) and s. 24(a), Art. I |
| 61 | of the State Constitution upon the request of the donor, and |
| 62 | that the donor's anonymity be maintained in the annual financial |
| 63 | audit required under s. 215.981, because the disclosure of the |
| 64 | identities of such donors might adversely impact a citizen |
| 65 | support organization's ability to receive donations from |
| 66 | individuals who request anonymity. |
| 67 | Section 4. This act shall take effect on the same date |
| 68 | that HB 1305 or similar legislation takes effect, if such |
| 69 | legislation is adopted in the same legislative session or an |
| 70 | extension thereof and becomes law. |