Senate Bill sb2142c1

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    Florida Senate - 2005                           CS for SB 2142

    By the Committee on Governmental Oversight and Productivity;
    and Senator Argenziano




    585-2203-05

  1                      A bill to be entitled

  2         An act relating to public records exemptions;

  3         amending s. 257.43, F.S.; providing an

  4         exemption from public records requirements for

  5         the identity of donors to the citizen support

  6         organization created to provide assistance,

  7         funding, and promotional support for the

  8         library, archives, and records management

  9         programs of the Division of Library and

10         Information Services of the Department of State

11         who desire to remain anonymous; providing for

12         review and repeal; amending s. 265.703, F.S.;

13         providing an exemption from public records

14         requirements for the identity of donors to the

15         citizen support organization created to provide

16         assistance, funding, and promotional support

17         for the cultural and arts programs of the

18         Division of Cultural Affairs of the Department

19         of State who desire to remain anonymous;

20         providing for review and repeal; providing a

21         statement of public necessity; providing a

22         contingent effective date.

23  

24  Be It Enacted by the Legislature of the State of Florida:

25  

26         Section 1.  Subsection (3) of section 257.43, Florida

27  Statutes, as created by SB 2152, 2005 Regular Session, is

28  amended to read:

29         257.43  Citizen support organization; use of state

30  administrative services and property; audit.--

31         (3)  ANNUAL AUDIT.--

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    Florida Senate - 2005                           CS for SB 2142
    585-2203-05




 1         (a)  The citizen support organization shall provide for

 2  an annual financial audit in accordance with s. 215.981. The

 3  identity of donors who desire to remain anonymous shall be

 4  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I

 5  of the State Constitution, and that anonymity shall be

 6  maintained in the auditor's report.

 7         (b)  This subsection is subject to the Open Government

 8  Sunset Review Act of 1995 in accordance with s. 119.15 and

 9  shall stand repealed on October 2, 2010, unless reviewed and

10  saved from repeal through reenactment by the Legislature.

11         Section 2.  Subsection (3) of section 265.703, Florida

12  Statutes, as created by SB 2152, 2005 Regular Session, is

13  amended to read:

14         265.703  Citizen support organization; use of state

15  administrative services and property; audit.--

16         (3)  ANNUAL AUDIT.--

17         (a)  The citizen support organization shall provide for

18  an annual financial audit in accordance with section 215.981.

19  The identity of donors who desire to remain anonymous shall be

20  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I

21  of the State Constitution, and that anonymity shall be

22  maintained in the auditor's report.

23         (b)  This subsection is subject to the Open Government

24  Sunset Review Act of 1995 in accordance with s. 119.15 and

25  shall stand repealed on October 2, 2010, unless reviewed and

26  saved from repeal through reenactment by the Legislature.

27         Section 3.  The Legislature finds that it is a public

28  necessity that the identity of donors to the citizen support

29  organizations created to provide assistance, funding, and

30  promotional support for the library, archives, and records

31  management programs of the Division of Library and Information

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    Florida Senate - 2005                           CS for SB 2142
    585-2203-05




 1  Services of the Department of State and for the cultural and

 2  arts programs of the Division of Cultural Affairs of the

 3  Department of State who desire to remain anonymous be held

 4  confidential and exempt from section 119.07(1), Florida

 5  Statutes, and Section 24(a), Article I of the State

 6  Constitution upon the request of the donor, and that the

 7  donor's anonymity be maintained in the annual financial audit

 8  required under section 215.981, Florida Statutes, because the

 9  disclosure of the identities of such donors might adversely

10  impact a citizen support organization's ability to receive

11  donations from individuals who request anonymity.

12         Section 4.  This act shall take effect on the same date

13  that SB 2152 or similar legislation takes effect, but shall

14  not take effect unless such legislation is adopted in the same

15  legislative session or an extension thereof and becomes a law.

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17          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
18                             SB 2142

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20  Inserts references to a linked bill the passage of which this
    bill is contingent upon.
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