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| 34 | repealed on October 2, 2013, unless reviewed and saved from |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