HB 863

1
A bill to be entitled
2An act relating to public records; amending s. 292.055,
3F.S.; providing an exemption from public records
4requirements for the identity of a donor or prospective
5donor to a direct-support organization of the Department
6of Veterans' Affairs and all information identifying such
7donor or prospective donor; providing for specified access
8to records of the direct-support organization; providing
9for review and repeal of the exemption; providing a
10statement of public necessity; providing an effective
11date.
12
13Be It Enacted by the Legislature of the State of Florida:
14
15     Section 1.  Subsection (6) of section 292.055, Florida
16Statutes, as created by HB 861, 2008 Regular Session, is amended
17to read:
18     292.055  Direct-support organization.--
19     (6)  ACTIVITIES; RESTRICTIONS; PUBLIC RECORDS EXEMPTION.--
20     (a)  Any transaction or agreement between the direct-
21support organization organized pursuant to this section and
22another direct-support organization or other entity must be
23approved by the executive director of the department.
24     (b)1.  The identity of a donor or prospective donor to the
25direct-support organization who desires to remain anonymous, and
26all information identifying such donor or prospective donor is
27confidential and exempt from the provisions of s. 119.07(1) and
28s. 24(a), Art. I of the State Constitution. Such anonymity shall
29be maintained in the auditor's report. The department and the
30Auditor General shall have access to all records of the direct-
31support organization upon request.
32     2.  This paragraph is subject to the Open Government Sunset
33Review Act in accordance with s. 119.15 and shall stand repealed
34on October 2, 2013, unless reviewed and saved from repeal
35through reenactment by the Legislature.
36     Section 2.  It is the finding of the Legislature that it is
37a public necessity to protect the identity of donors and
38prospective donors to a direct-support organization authorized
39under s. 292.055, Florida Statutes, to assist the Department of
40Veterans' Affairs in carrying out its mission of advocating for,
41and providing benefits and services to, veterans of the United
42States Armed Forces. Protection of the identity of donors and
43prospective donors to the direct-support organization will
44enable the direct-support organization to effectively and
45efficiently administer the benefits and services it provides.
46Historically, the Department of Veterans' Affairs has focused on
47providing services to veterans who served in World War II,
48Korea, and Vietnam and whose needs have included assisted living
49facilities, long-term care, and cemeteries. As part of this
50traditional role, the department is also charged with the
51responsibility of operating and maintaining state veterans'
52nursing homes. As more such homes are built and the facilities
53age, the department's costs for operation and maintenance
54continue to increase. However, the mission of the Department of
55Veterans' Affairs has changed since troops have begun returning
56from service in the Global War on Terror. The past 2 years have
57seen the influx of a younger group of returning servicemembers
58comprised of over 150,000 veterans of Operation Iraqi Freedom
59and Operation Enduring Freedom who list Florida as their home of
60record. These veterans and their families have needs that
61include, but are not limited to, assistance in obtaining
62employment, educational opportunities, and vocational
63rehabilitation. So while the department's commitment to older
64veterans continues, the department finds that it must diversify
65the services it offers to accommodate the expanding scope of the
66needs of all veterans. Consequently, the department must
67constantly seek new sources of revenue to support increased
68costs without relying solely upon the taxpayers and the general
69revenue of the state. The purpose of the exemption from public
70records requirements is to ensure that the request for anonymity
71of donors or prospective donors to the not-for-profit
72corporation is honored, thereby encouraging donations from
73individuals and entities that might otherwise decline to
74contribute. Without the exemption, potential donors may be
75reluctant or unwilling to contribute to the direct-support
76organization for fear of the harmful effects that may result
77from the release of sensitive financial information. Difficulty
78in soliciting donations would hamper the ability of the direct-
79support organization to carry out its activities and would
80hinder fulfillment of the goals of the department and the
81direct-support organization which can only be accomplished
82through obtaining necessary funding from both public-sector and
83private-sector sources.
84     Section 3.  This act shall take effect on the same date
85that HB 861 or similar legislation takes effect, if such
86legislation is adopted in the same legislative session or an
87extension thereof and becomes law.


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