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.