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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