Florida Senate - 2014 COMMITTEE AMENDMENT Bill No. SB 318 Ì793024ÄÎ793024 LEGISLATIVE ACTION Senate . House Comm: RCS . 03/13/2014 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— (Bean) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Subsection (5) of section 1004.28, Florida 6 Statutes, is amended to read: 7 1004.28 Direct-support organizations; use of property; 8 board of directors; activities; audit; facilities.— 9 (5) ANNUAL AUDIT; PUBLIC RECORDS EXEMPTION; PUBLIC MEETINGS 10 EXEMPTION.— 11 (a) Each direct-support organization shall provide for an 12 annual financial audit of its accounts and records to be 13 conducted by an independent certified public accountant in 14 accordance with rules adopted by the Auditor General pursuant to 15 s. 11.45(8) and by the university board of trustees. The annual 16 audit report shall be submitted, within 9 months after the end 17 of the fiscal year, to the Auditor General and the Board of 18 Governors for review. The Board of Governors, the university 19 board of trustees, the Auditor General, and the Office of 20 Program Policy Analysis and Government Accountability shall have 21 the authority to require and receive from the organization or 22 from its independent auditor any records relative to the 23 operation of the organization. The identity of donors who desire 24 to remain anonymous shall be protected, and that anonymity shall 25 be maintained in the auditor’s report. 26 (b) All records of the organization other than the 27 auditor’s report, management letter, and any supplemental data 28 requested by the Board of Governors, the university board of 29 trustees, the Auditor General, and the Office of Program Policy 30 Analysis and Government Accountability shall be confidential and 31 exempt from
the provisions ofs. 119.07(1). 32 (c) Any portion of a meeting of the board of directors of 33 the organization, or of the executive committee or other 34 committees of such board, at which any proposal seeking research 35 funding from the organization or a plan or program for either 36 initiating or supporting research is discussed is exempt from s. 37 286.011 and s. 24(b), Art. I of the State Constitution. This 38 paragraph is subject to the Open Government Sunset Review Act in 39 accordance with s. 119.15 and shall stand repealed on October 2, 40 2019, unless reviewed and saved from repeal through reenactment 41 by the Legislature. 42 Section 2. The Legislature finds that it is a public 43 necessity that any portion of a meeting of the board of 44 directors of a direct-support organization established under s. 45 1004.28, Florida Statutes, or of the executive committee or 46 other committees of such board, at which any proposal seeking 47 research funding from the organization or a plan or program for 48 either initiating or supporting research is discussed should be 49 held exempt from s. 286.011, Florida Statutes, and s. 24(b), 50 Article I of the State Constitution. The resources raised by 51 direct-support organizations are frequently used to initiate, 52 develop, and fund plans and programs for research that routinely 53 contain sensitive proprietary information, including university 54 connected research projects, which provide valuable 55 opportunities for faculty and students and may lead to future 56 commercial applications. This activity requires the direct 57 support organization to develop research strategies and evaluate 58 proposals for research grants that routinely contain sensitive 59 or proprietary information, including specific research 60 approaches and targets of investigation, the disclosure of which 61 could injure those conducting the research. Maintaining the 62 confidentiality of research strategies, plans, and proposals is 63 a hallmark of a responsible funding process, is practiced by the 64 National Science Foundation and the National Institutes of 65 Health, and allows for candid exchanges among reviewers. The 66 state has recognized these realities by expressly making most of 67 the records of direct-support organizations confidential and 68 exempt from the state’s public records requirements, including 69 proposals seeking research funding. Failure to close meetings in 70 which these activities are discussed would significantly 71 undermine the confidentiality of the strategies, plans, and 72 proposals themselves. Without the exemption from public meeting 73 requirements, the release during a public meeting of a proposal 74 seeking research funding from the direct-support organization or 75 a plan or program for either initiating or supporting research 76 would defeat the purpose of the public records exemption. It is 77 therefore the finding of the Legislature that the exemption from 78 public meeting requirements is a public necessity. 79 Section 3. This act shall take effect October 1, 2014. 80 81 ================= T I T L E A M E N D M E N T ================ 82 And the title is amended as follows: 83 Delete everything before the enacting clause 84 and insert: 85 A bill to be entitled 86 An act relating to public meetings; amending s. 87 1004.28, F.S.; providing an exemption from public 88 meeting requirements for any portion of a meeting of 89 the board of directors of a university direct-support 90 organization, or of the executive committee or other 91 committees of such board, at which any proposal 92 seeking research funding from the organization or a 93 plan or program for either initiating or supporting 94 research is discussed; providing for review and repeal 95 of the exemption; providing a statement of public 96 necessity; providing an effective date.