Florida Senate - 2008 CS for SB 1464

By the Committee on Governmental Operations; and Senator Dean

585-05458-08 20081464c1

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A bill to be entitled

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An act relating to public records and meetings; amending

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s. 292.055, F.S.; providing an exemption from public-

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records requirements for information concerning certain

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donors and prospective donors to the direct-support

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organization of the Department of Veterans' Affairs;

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providing an exemption from public-meetings requirements

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for portions of meetings of the direct-support

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organization at which the identity of donors and

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prospective donors is discussed; providing for future

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legislative review and repeal of the exemption under the

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Open Government Sunset Review Act; providing a statement

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of public necessity; providing a contingent effective

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date.

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

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     Section 1.  Subsection (10) is added to section 292.055,

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Florida Statutes, as created by SB 1462, to read:

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     292.055 Direct-support organization.--

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     (10) CONFIDENTIALITY OF DONORS.--

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     (a) The identity of a donor or prospective donor to the

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direct-support organization who desires to remain anonymous, and

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all information identifying such donor or prospective donor, is

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confidential and exempt from the provisions of s. 119.07(1) and

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s. 24(a), Art. I of the State Constitution.

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     (b) Portions of meetings of the direct-support organization

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during which the identity of donors or prospective donors is

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discussed are exempt from the provisions of s. 286.011 and s.

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24(b), Art. I of the State Constitution.

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     (c) This subsection is subject to the Open Government

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

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repealed on October 2, 2013, unless reviewed and saved from

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repeal through reenactment by the Legislature.

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     Section 2. The Legislature finds it is a public necessity

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to protect the identity of donors and prospective donors to the

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direct-support organization authorized to assist the Department

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of Veterans' Affairs in carrying out its function to serve the

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military veterans of this state. This protection will enable the

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direct-support organization to effectively and efficiently

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administer the promotion and public-education efforts of the

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direct-support organization which are related to the goal of

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assisting veterans who return from the recent conflicts. The

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purpose of the exemption is to honor the request for anonymity of

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donors or prospective donors to the not-for-profit corporation

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and thereby encourage donations from individuals and entities

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that might otherwise decline to contribute. Without the

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exemption, potential donors may be dissuaded from contributing to

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the direct-support organization because such donors fear being

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harmed by the release of sensitive financial information.

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Difficulty in soliciting donations would hamper the ability of

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the direct-support organization to carry out its education and

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rehabilitation activities to promote and advance a veteran's

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reintegration into the community through funding by both the

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public sector and the private sector. Further, the Legislature

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finds that it is a public necessity to exempt that portion of a

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meeting of the direct-support organization at which the identity

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of a donor or prospective donor is discussed. The failure to

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close that portion of a meeting at which such information is

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discussed would defeat the purpose of the exemption and could

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result in the release of the identity of a donor or prospective

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donor, which could result in a reduction in donations, and would

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hinder the effective and efficient operation of this governmental

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program.

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     Section 3.  This act shall take effect July 1, 2008, if

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Senate Bill 1462, or similar legislation establishing a direct-

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support organization for the Department of Veterans' Affairs, is

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adopted in the same legislative session or an extension thereof

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and becomes law.

CODING: Words stricken are deletions; words underlined are additions.