CS/HB 863

1
A bill to be entitled
2An act relating to public records and meetings; amending
3s. 292.055, F.S.; providing an exemption from public
4records requirements for information concerning certain
5donors and prospective donors to the direct-support
6organization of the Department of Veterans' Affairs;
7providing an exemption from public meeting requirements
8for portions of meetings of the direct-support
9organization at which the identity of donors and
10prospective donors is discussed; providing for future
11legislative review and repeal of the exemption under the
12Open Government Sunset Review Act; providing a statement
13of public necessity; providing a contingent effective
14date.
15
16Be It Enacted by the Legislature of the State of Florida:
17
18     Section 1.  Subsection (9) is added to section 292.055,
19Florida Statutes, as created by HB 861, 2008 Regular Session, to
20read:
21     292.055  Direct-support organization.--
22     (9)  CONFIDENTIALITY OF DONORS.--
23     (a)  The identity of a donor or prospective donor to the
24direct-support organization who desires to remain anonymous, and
25all information identifying such donor or prospective donor, is
26confidential and exempt from the provisions of s. 119.07(1) and
27s. 24(a), Art. I of the State Constitution.
28     (b)  Portions of meetings of the direct-support
29organization during which the identity of donors or prospective
30donors is discussed are exempt from the provisions of s. 286.011
31and s. 24(b), Art. I of the State Constitution.
32     (c)  This subsection is subject to the Open Government
33Sunset Review Act in accordance with s. 119.15 and shall stand
34repealed on October 2, 2013, unless reviewed and saved from
35repeal through reenactment by the Legislature.
36     Section 2.  The Legislature finds that it is a public
37necessity to exempt from public records requirements the
38identity of donors and prospective donors to the direct-support
39organization authorized to assist the Department of Veterans'
40Affairs in carrying out its function to serve the military
41veterans of this state. The ability to protect the identity of
42donors and prospective donors will enable the direct-support
43organization to effectively and efficiently administer the
44promotion and public-education efforts of the direct-support
45organization related to the goal of assisting veterans who
46return from recent conflicts. The purpose of the exemption is to
47honor the request for anonymity of donors or prospective donors
48to the not-for-profit corporation, thereby encouraging donations
49from individuals and entities that might otherwise decline to
50contribute. Without the exemption, potential donors may be
51dissuaded from contributing to the direct-support organization
52for fear of being harmed by the release of sensitive financial
53information. Difficulty in soliciting donations would hamper the
54ability of the direct-support organization to carry out its
55education and rehabilitation activities to promote and advance a
56veteran's reintegration into the community through both public-
57sector and private-sector funding. Further, the Legislature
58finds that it is a public necessity to exempt from public
59meeting requirements that portion of a meeting of the direct-
60support organization at which the identity of a donor or
61prospective donor is discussed. The failure to close that
62portion of a meeting at which such information is discussed
63would defeat the purpose of the public records exemption and
64could result in the release of the identity of a donor or
65prospective donor, thus leading to a reduction in donations and
66the subsequent hindrance of the effective and efficient
67operation of this governmental program.
68     Section 3.  This act shall take effect July 1, 2008, if
69House Bill 861, or similar legislation establishing a direct-
70support organization for the Department of Veterans' Affairs, is
71adopted in the same legislative session or an extension thereof
72and becomes law.


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