Florida Senate - 2013                      CS for CS for SB 1276
       
       
       
       By the Committees on Governmental Oversight and Accountability;
       and Education; and Senator Montford
       
       
       
       585-04022-13                                          20131276c2
    1                        A bill to be entitled                      
    2         An act relating to public meetings; amending s.
    3         1004.28, F.S.; providing an exemption from public
    4         meeting requirements for certain portions of meetings
    5         of a university direct-support organization or of the
    6         executive committee or other committees of the board
    7         of directors of such organization; providing for
    8         legislative review and repeal of the exemption;
    9         providing a statement of public necessity; providing
   10         an effective date.
   11  
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Subsection (5) of section 1004.28, Florida
   15  Statutes, is amended to read:
   16         1004.28 Direct-support organizations; use of property;
   17  board of directors; activities; audit; facilities.—
   18         (5) ANNUAL AUDIT; PUBLIC RECORDS AND MEETINGS EXEMPTION.—
   19         (a) Each direct-support organization shall provide for an
   20  annual financial audit of its accounts and records to be
   21  conducted by an independent certified public accountant in
   22  accordance with rules adopted by the Auditor General pursuant to
   23  s. 11.45(8) and by the university board of trustees. The annual
   24  audit report shall be submitted, within 9 months after the end
   25  of the fiscal year, to the Auditor General and the Board of
   26  Governors for review. The Board of Governors, the university
   27  board of trustees, the Auditor General, and the Office of
   28  Program Policy Analysis and Government Accountability shall have
   29  the authority to require and receive from the organization or
   30  from its independent auditor any records relative to the
   31  operation of the organization.
   32         (b) The identity of donors who desire to remain anonymous
   33  shall be protected, and that anonymity shall be maintained in
   34  the auditor’s report. All records of the organization other than
   35  the auditor’s report, management letter, and any supplemental
   36  data requested by the Board of Governors, the university board
   37  of trustees, the Auditor General, and the Office of Program
   38  Policy Analysis and Government Accountability are shall be
   39  confidential and exempt from the provisions of s. 119.07(1).
   40         (c) Any portion of a meeting of the board of directors of
   41  the organization, or of the executive committee or other
   42  committees of such board, at which the identity of a donor or
   43  prospective donor, a proposal seeking research funding from the
   44  organization, or a plan or program for either initiating or
   45  supporting research is discussed, is exempt from s. 286.011 and
   46  s. 24(b), Art. I of the State Constitution. This paragraph is
   47  subject to the Open Government Sunset Review Act in accordance
   48  with s. 119.15, and shall stand repealed on October 2, 2018,
   49  unless reviewed and saved from repeal through reenactment by the
   50  Legislature.
   51         Section 2. The Legislature finds that it is a public
   52  necessity that meetings of the board of directors of a direct
   53  support organization established under s. 1004.28, Florida
   54  Statutes, or of the executive committee or other committees of
   55  such board, at which the identity of a donor or prospective
   56  donor, any proposal seeking research funding from the
   57  organization, or a plan or program for either initiating or
   58  supporting research is discussed should be held exempt from s.
   59  286.011, Florida Statutes, and s. 24(b), Art. I of the State
   60  Constitution. For the benefit of our state universities, and
   61  ultimately all the people of Florida, direct-support
   62  organizations serve a vital role in raising donations from
   63  private sources. This undertaking demands great sensitivity and
   64  discretion, as donors frequently seek anonymity and are
   65  concerned about the potential release of sensitive financial
   66  information. If direct-support organizations cannot honor those
   67  requests and protect such information from public disclosure,
   68  potential donors may decline to contribute, thus hampering the
   69  ability of the direct-support organization to carry out its
   70  activities. The state has recognized these realities by making
   71  most of the records of direct-support organizations confidential
   72  and exempt from the state’s public records requirements,
   73  including the identity of donors and prospective donors.
   74  However, without the exemption from public meeting requirements,
   75  release of the identity of donors or prospective donors via a
   76  public meeting would defeat the purpose of the public records
   77  exemption. It is therefore the finding of the Legislature that
   78  the exemption from public meeting requirements is a public
   79  necessity. Additionally, the resources raised by direct-support
   80  organizations are frequently used to initiate, develop, and fund
   81  plans and programs for research that routinely contain sensitive
   82  proprietary information, including university-connected research
   83  projects, which provide valuable opportunities for faculty and
   84  students and may lead to future commercial applications. This
   85  activity requires the direct-support organization to develop
   86  research strategies and evaluate proposals for research grants
   87  that routinely contain sensitive or proprietary information,
   88  including specific research approaches and targets of
   89  investigation, the disclosure of which could injure those
   90  conducting the research. Maintaining the confidentiality of
   91  research strategies, plans, and proposals is a hallmark of a
   92  responsible funding process, is practiced by the National
   93  Science Foundation and the National Institutes of Health, and
   94  allows for candid exchanges among reviewers. The state has
   95  recognized these realities by expressly making most of the
   96  records of direct-support organizations confidential and exempt
   97  from the state’s public records requirements, including
   98  proposals seeking research funding. Failure to close meetings in
   99  which these activities are discussed would significantly
  100  undermine the confidentiality of the strategies, plans, and
  101  proposals themselves. Without the exemption from public meeting
  102  requirements, the release during a public meeting of a proposal
  103  seeking research funding from the direct-support organization or
  104  a plan or program for either initiating or supporting research
  105  would defeat the purpose of the public records exemption. It is
  106  therefore the finding of the Legislature that the exemption from
  107  public meeting requirements is a public necessity.
  108         Section 3. This act shall take effect October 1, 2013.