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33 | Review Act in accordance with s. 119.15 and shall stand repealed |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