| 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| 33 | Review Act in accordance with s. 119.15 and shall stand repealed |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. |