Florida Senate - 2014 SB 318
By Senator Stargel
15-00312-14 2014318__
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 any portion of a meeting of
5 the board of directors of a university direct-support
6 organization, or of the executive committee or other
7 committees of such board, at which the identity of a
8 donor or prospective donor, a proposal seeking
9 research funding from the organization, or a plan or
10 program for initiating or supporting research is
11 discussed; providing for future legislative review and
12 repeal of the exemption under the Open Government
13 Sunset Review Act; providing a statement of public
14 necessity; providing an effective date.
15
16 Be It Enacted by the Legislature of the State of Florida:
17
18 Section 1. Subsection (5) of section 1004.28, Florida
19 Statutes, is amended to read:
20 1004.28 Direct-support organizations; use of property;
21 board of directors; activities; audit; facilities.—
22 (5) ANNUAL AUDIT; PUBLIC RECORDS EXEMPTION; PUBLIC MEETINGS
23 EXEMPTION.—
24 (a) Each university direct-support organization shall
25 provide for an annual financial audit of its accounts and
26 records to be conducted by an independent certified public
27 accountant in accordance with rules adopted by the Auditor
28 General pursuant to s. 11.45(8) and by the university board of
29 trustees. The annual audit report shall be submitted, within 9
30 months after the end of the fiscal year, to the Auditor General
31 and the Board of Governors for review. The Board of Governors,
32 the university board of trustees, the Auditor General, and the
33 Office of Program Policy Analysis and Government Accountability
34 may shall have the authority to require and receive from the
35 organization or from its independent auditor any records
36 relative to the operation of the organization. The identity of
37 donors who desire to remain anonymous shall be protected, and
38 that anonymity shall be maintained in the auditor’s report.
39 (b) All records of the university direct-support
40 organization other than the auditor’s report, management letter,
41 and any supplemental data requested by the Board of Governors,
42 the university board of trustees, the Auditor General, and the
43 Office of Program Policy Analysis and Government Accountability
44 shall be confidential and exempt from the provisions of s.
45 119.07(1).
46 (c) Any portion of a meeting of the board of directors of
47 the university direct-support organization, or of the executive
48 committee or other committees of such board, at which the
49 identity of a donor or prospective donor, a proposal seeking
50 research funding from the organization, or a plan or program for
51 initiating or supporting research is discussed is exempt from s.
52 286.011 and s. 24(b), Art. I of the State Constitution. This
53 paragraph is subject to the Open Government Sunset Review Act in
54 accordance with s. 119.15 and shall stand repealed on October 2,
55 2019, unless reviewed and saved from repeal through reenactment
56 by the Legislature.
57 Section 2. (1) The Legislature finds that it is a public
58 necessity that any portion of a meeting of the board of
59 directors of a university direct-support organization
60 established under s. 1004.28, Florida Statutes, or of the
61 executive committee or other committees of such board, at which
62 the identity of a donor or prospective donor, a proposal seeking
63 research funding from the organization, or a plan or program for
64 initiating or supporting research is discussed be exempt from s.
65 286.011, Florida Statutes, and s. 24(b), Article I of the State
66 Constitution.
67 (2) For the benefit of state universities and ultimately
68 all the people of Florida, university direct-support
69 organizations serve a vital role in raising donations from
70 private sources. This undertaking demands great sensitivity and
71 discretion, as donors frequently request anonymity and are
72 concerned about the potential release of sensitive financial
73 information. If a direct-support organization cannot honor those
74 requests and protect such information from public disclosure, a
75 potential donor may decline to contribute, thus hampering the
76 ability of the direct-support organization to carry out its
77 activities. The state has recognized these realities by making
78 most of the records of direct-support organizations confidential
79 and exempt from public records requirements, including the
80 identity of donors and prospective donors. However, without the
81 exemption from public meeting requirements, release of the
82 identity of donors or prospective donors via a public meeting
83 would defeat the purpose of the public records exemption.
84 (3) The Legislature also finds that the resources raised by
85 university direct-support organizations are frequently used to
86 initiate, develop, and fund plans and programs for research,
87 including university-connected research projects that provide
88 valuable opportunities for faculty and students and may lead to
89 future commercial applications. Raising these resources for
90 research projects requires university direct-support
91 organizations to develop research strategies and evaluate
92 proposals for research grants which routinely contain sensitive
93 or proprietary information, including specific research
94 approaches and areas of investigation, the disclosure of which
95 could affect the integrity of those conducting the research. The
96 ability to retain the confidentiality of research strategies,
97 plans, and proposals is a hallmark of a responsible funding
98 process and assures candid exchanges among peer and technical
99 reviewers as practiced by the National Science Foundation and
100 the National Institutes of Health. The state has recognized
101 these realities by expressly making most of the records of the
102 direct-support organizations in this state confidential and
103 exempt from public records requirements, including proposals
104 seeking research funding. Failure to close a meeting during
105 which research strategies, plans, and proposals are discussed
106 would significantly undermine the confidentiality of the
107 strategies, plans, and proposals. Without the exemption from
108 public meeting requirements, the release during a public meeting
109 of a proposal seeking research funding from a university direct
110 support organization or of a plan or program for initiating or
111 supporting research would defeat the purpose of the public
112 records exemption.
113 (4) The Legislature therefore declares that it is a public
114 necessity that any portion of a meeting of the board of
115 directors of a university direct-support organization, or of the
116 executive committee or other committees of such board, at which
117 the identity of a donor or prospective donor, a proposal seeking
118 research funding from the organization, or a plan or program for
119 initiating or supporting research is discussed be exempt from
120 public meeting requirements.
121 Section 3. This act shall take effect October 1, 2014.