Senate Bill sb2406c1

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    Florida Senate - 2007                           CS for SB 2406

    By the Committee on Governmental Operations; and Senator King





    585-2530-07

  1                      A bill to be entitled

  2         An act relating to public records; amending s.

  3         267.1736, F.S.; providing an exemption from

  4         public-records requirements for certain donor

  5         and prospective donor information involving

  6         state-owned properties in a historic district

  7         in the City of St. Augustine; providing for

  8         future legislative review and repeal under the

  9         Open Government Sunset Review Act; providing a

10         statement of public necessity; providing a

11         contingent effective date.

12  

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

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15         Section 1.  Subsection (9) is added to section

16  267.1736, Florida Statutes, as created by HB 851, 2007 Regular

17  Session, to read:

18         267.1736  Direct-support organization.--

19         (9)(a)  The identity of a donor or prospective donor to

20  the direct-support organization who desires to remain

21  anonymous, and all information identifying such donor or

22  prospective donor, is confidential and exempt from the

23  provisions of s. 119.07(1) and s. 24(a), Art. I of the State

24  Constitution; and that anonymity must be maintained in the

25  auditor's report. The university and the Auditor General shall

26  have access to all records of the direct-support organization

27  upon request.

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

29  Sunset Review Act in accordance with s. 119.15 and shall stand

30  repealed on October 2, 2012, unless reviewed and saved from

31  repeal through reenactment by the Legislature.

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    Florida Senate - 2007                           CS for SB 2406
    585-2530-07




 1         Section 2.  The Legislature finds a public necessity in

 2  protecting the identity of donors and prospective donors to

 3  the direct-support organization authorized to assist the

 4  University of Florida in carrying out its dual historic

 5  preservation and historic preservation education purposes and

 6  responsibilities for the various state-owned properties within

 7  the historic district currently subleased by the Department of

 8  State to the City of St. Augustine for management. This

 9  protection will enable the direct-support organization to

10  effectively and efficiently administer the promotion,

11  preservation, and public education efforts related to these

12  state-owned properties. The purpose of the exemption is to

13  honor the request for anonymity of donors or prospective

14  donors to the not-for-profit corporation and thereby encourage

15  donations from individuals and entities that might otherwise

16  decline to contribute. Without the exemption, potential donors

17  may be dissuaded from contributing to the direct-support

18  organization because such donors fear being harmed by the

19  release of sensitive financial information. Difficulty in

20  soliciting donations would hamper the ability of the

21  direct-support organization to carry out its marketing,

22  promotion, education, and preservation activities and would

23  hinder fulfillment of the goal of the state in maintaining

24  these state-owned properties and in preserving, promoting, and

25  advancing historic preservation of these properties through

26  funding by both the public sector and the private sector.

27         Section 3.  This act shall take effect on the same date

28  that SB 2404 or similar legislation takes effect, if such

29  legislation is adopted in the same legislative session or an

30  extension thereof and becomes law.

31  

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    Florida Senate - 2007                           CS for SB 2406
    585-2530-07




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 2406

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 4  A reference to Senate Bill 2404 is substituted for the House
    bill number.
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