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University Direct-Support Organizations in Florida by tsl4264

FSU is taking advantage of the provisions of Florida Statute 1004.28, which was enacted by the Florida legislature back in 2002. This statute provides the authority for "University Direct Support Organizations", which are Florida "non-profit" corporations "organized and operated exclusively to receive, hold, invest, and administer property and to make expenditures to or for the benefit of a state university in Florida." These direct-support organizations are authorized to, among other things, "enter into agreements to finance, design and construct, lease, lease-purchase, purchase, or operate facilities necessary and desirable to serve the needs and purposes of the university, as determined by the systemwide strategic plan adopted by the Board of Governors.


These direct-support organizations are required to have an annual audit performed by a CPA and file such audit within 9 months after the end of the fiscal year, to the Auditor General and the Board of Governors for review. Interestingly, the statute provides that the identity of donors who desire to remain anonymous shall be protected, and that anonymity shall be maintained in the auditor’s report. More importantly, the statute states, "Other than the auditor’s report, management letter, any records related to the expenditure of state funds, and any financial records related to the expenditure of private funds for travel, all records of the organization and any supplemental data requested by the Board of Governors, the university board of trustees, the Auditor General, and the Office of Program Policy Analysis and Government Accountability shall be confidential and exempt from s. 119.07(1) [Florida Public Records Law]."


Thus, if Seminole Boosters, Inc. is a FSU direct-support organization, and it completely takes over the role of the FSU Athletic Department, presumably all of the coaches will be employees of Seminole Boosters, Inc. instead of FSU. The only records related to the coaches that will be subject to disclosure are records related to their travel expenses. Emails, phone records, and similar types of documents that were previously considered public records subject to disclosure will no longer be obtainable under the Public Records Law. At first glance, this seems inappropriate for a public university; but if no state funds are involved in the operation of the Athletic Department, I'm not sure I have a problem with the exemption from disclosure allowed by the statute. If private funding supports the FSU Athletic Department, should it be subject to greater public disclosure requirements than the ND Athletic Department? Don't forget, the annual audit of Seminole Boosters, Inc. is available under the Public Records Law. Can the same financial information regarding the ND Athletic Department be obtained via a public information request?


A link to the statute is provided below.