Bill Text: FL S0318 | 2014 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Public Meetings/University Direct-support Organization

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2014-04-24 - Laid on Table, companion bill(s) passed, see CS/HB 115 (Ch. 2014-27) [S0318 Detail]

Download: Florida-2014-S0318-Introduced.html

---

       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.