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 Accountabilityshallhave 29 the authority to require and receive from the organization or 30 from its independent auditoranyrecords 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, andanysupplemental 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 areshall be39 confidential and exempt fromthe provisions ofs. 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.