Senate Bill sb2248

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    Florida Senate - 2005                                  SB 2248

    By Senator Posey





    24-93-05

  1                      A bill to be entitled

  2         An act relating to  public records; creating an

  3         exemption from public-records requirements for

  4         information obtained by the Department of

  5         Financial Services in connection with the

  6         receipt of private donations for programs or

  7         activities the donor believes is inadequately

  8         funded; providing for future legislative review

  9         and repeal; providing a statement of public

10         necessity; providing an effective date.

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

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14         Section 1.  Public-records exemption for receipt of

15  private-donation information.--

16         (1)  Except as otherwise provided by this section,

17  information received by the Department of Financial Services

18  in connection with the receipt of private donations for

19  programs or activities the donor believes are inadequately

20  funded, is exempt and confidential from section 119.07(1) and

21  Section 24(a), Article I of the State Constitution.

22         (2)  Information of the designated program or activity,

23  and the amount of the proposed donation, shall remain exempt

24  and confidential from section 119.07(1) and Section 24(a),

25  Article I of the State Constitution until the Legislature has

26  enacted a budget for the next fiscal year. If information

27  about the proposed program or activity or the amount of the

28  donation were to become public the information may have an

29  adverse impact upon the Legislature's deliberative process

30  such that the budgetary funding for the designated program or

31  activity might be diminished by the Legislature anticipating

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    Florida Senate - 2005                                  SB 2248
    24-93-05




 1  that the private donation would make up the difference between

 2  what the Legislature is willing to appropriate and what the

 3  program or activity needs. After the Legislature has passed

 4  the budget for the fiscal year, the Department of Financial

 5  Services shall release all information concerning the

 6  designated donations as public records.

 7         (3)  If the Department of Financial Services receives a

 8  request for information that is exempt and confidential under

 9  subsection (2), the department shall communicate to the person

10  or entity requesting the information the reason disclosure is

11  prohibited under subsection (2).

12         (4)  This section is subject to the Open Government

13  Sunset Review Act of 1995 in accordance with section 119.15,

14  Florida Statutes, and shall stand repealed on October 2, 2010,

15  unless reviewed and saved from repeal through reenactment by

16  the Legislature.

17         Section 2.  The Legislature finds that it is a public

18  necessity that information received concerning a private

19  donation by the Department of Financial Services be

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

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

22  Constitution until the Legislature has enacted a budget for

23  the next fiscal year. The public necessity exists to the

24  extent that disclosure might jeopardize the Legislature

25  properly funding the program or activity thereby minimizing

26  the impact the private donation might have on the adequate

27  funding of the program or activity.

28         Section 3.  This act shall take effect July 1, 2005.

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    Florida Senate - 2005                                  SB 2248
    24-93-05




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 2                          SENATE SUMMARY

 3    Creates an exemption from public-records requirements for
      information obtained by the Department of Financial
 4    Services in connection with private donations made for
      programs or activities the donor believes is inadequately
 5    funded. Provides for future legislative review and repeal
      of the exemption.
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