Introduced in House Passed House Introduced in Senate Passed Senate Became Law
11/05/2019        

Public Records and Public Meetings/Applicants for President/State University or Florida College System Institution

Providing an exemption from public records requirements for any personal identifying information of an applicant for president of a state university or Florida College System institution; providing an exemption from public meeting requirements for any meeting held for the purpose of identifying or vetting applicants for president of a state university or Florida College System institution and for any portion of a meeting held for the purpose of establishing qualifications of, or any compensation framework to be offered to, such potential applicants which would disclose personal identifying information of an applicant or potential applicant; providing for future legislative review and repeal of the exemptions; providing a statement of public necessity, etc.

Date Version PDF TXT
02/18/2020 S 774 c1 Open
11/05/2019 S 774 Filed Open

            
       Florida Senate - 2020                              CS for SB 774
       
       
        
       By the Committee on Governmental Oversight and Accountability;
       and Senator Diaz
       
       
       
       
       585-03768-20                                           2020774c1
    1                        A bill to be entitled                      
    2         An act relating to public records and public meetings;
    3         creating s. 1004.098, F.S.; providing an exemption
    4         from public records requirements for any personal
    5         identifying information of an applicant for president
    6         of a state university or Florida College System
    7         institution; specifying that personal identifying
    8         information of applicants who comprise a final group
    9         of applicants is no longer confidential and exempt at
   10         a time certain; providing an exemption from public
   11         meeting requirements for any portion of a meeting held
   12         for the purpose of identifying or vetting applicants
   13         for president of a state university or Florida College
   14         System institution, including any portion of a meeting
   15         that would disclose identifying information of such
   16         applicants; requiring a recording to be made of any
   17         portion of a closed meeting; providing that no portion
   18         of a closed meeting may be held off the record;
   19         providing that the recording of any closed portion of
   20         a meeting is exempt from public record requirements;
   21         specifying that certain meetings are not exempt from
   22         public meeting requirements; providing for future
   23         legislative review and repeal of the exemptions;
   24         providing a statement of public necessity; providing
   25         an effective date.
   26          
   27  Be It Enacted by the Legislature of the State of Florida:
   28  
   29         Section 1. Section 1004.098, Florida Statutes, is created
   30  to read:
   31         1004.098Applicants for president of a state university or
   32  Florida College System institution; public records exemption;
   33  public meetings exemption.
   34         (1)(a)Any personal identifying information of an applicant
   35  for president of a state university or Florida College System
   36  institution is confidential and exempt from s. 119.07(1) and s.
   37  24(a), Art. I of the State Constitution.
   38         (b)The personal identifying information of an applicant
   39  included in a final group of applicants for president of a state
   40  university or Florida College System institution is no longer
   41  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
   42  of the State Constitution at least 21 days before the date of a
   43  meeting at which an interview of an applicant will be conducted
   44  or at which final action or a vote is to be taken on the offer
   45  of the employment of an applicant as president.
   46         (2)(a)Any portion of a meeting held for the purpose of
   47  identifying or vetting applicants for president of a state
   48  university or Florida College System institution, including any
   49  portion of a meeting that would disclose personal identifying
   50  information of such applicants, is exempt from s. 286.011 and s.
   51  24(b), Art. I of the State Constitution.
   52         (b)A complete recording must be made of any portion of a
   53  meeting that is closed pursuant to paragraph (a), and any closed
   54  portion of such meeting may not be held off the record. The
   55  recording of the closed portion of a meeting is exempt from s.
   56  119.07(1) and s. 24(a), Art. I of the State Constitution.
   57         (c)The public meeting exemption provided in paragraph (a)
   58  does not apply to:
   59         1.Any portion of a meeting held for the purpose of
   60  establishing qualifications for the position or establishing any
   61  compensation framework to be offered to an applicant for
   62  president of a state university or Florida College System
   63  institution.
   64         2.Any meeting held after a final group of applicants for
   65  president of a state university or Florida College System
   66  institution has been established at which an interview of an
   67  applicant is conducted or at which final action or a vote is to
   68  be taken on the offer of the employment of an applicant as
   69  president.
   70         (3)This section is subject to the Open Government Sunset
   71  Review Act in accordance with s. 119.15 and shall stand repealed
   72  on October 2, 2025, unless reviewed and saved from repeal
   73  through reenactment by the Legislature.
   74         Section 2. The Legislature finds that it is a public
   75  necessity that any personal identifying information of an
   76  applicant for president of a state university or Florida College
   77  System institution be made confidential and exempt from s.
   78  119.07(1), Florida Statutes, and s. 24(a), Article I of the
   79  State Constitution. The Legislature also finds that it is a
   80  public necessity that any portion of a meeting held for the
   81  purpose of identifying or vetting applicants for president of a
   82  state university or Florida College System institution,
   83  including any portion of a meeting that would disclose personal
   84  identifying information of such applicants, be made exempt from
   85  s. 286.011, Florida Statutes, and s. 24(b), Article I of the
   86  State Constitution, and that the recording of such meeting be
   87  made exempt from s. 119.07(1), Florida Statutes, and s. 24(a),
   88  Article I of the State Constitution. The task of filling the
   89  position of president of a state university or Florida College
   90  System institution is often conducted by an executive search
   91  committee. Many, if not most, applicants for such a position are
   92  currently employed at another job at the time they apply and
   93  could jeopardize their current positions if it were to become
   94  known that they were seeking employment elsewhere. These
   95  exemptions from public records and public meeting requirements
   96  are needed to ensure that such a search committee can avail
   97  itself of the most experienced and desirable pool of qualified
   98  applicants from which to fill the position of president of a
   99  state university or Florida College System institution. If
  100  potential applicants fear the possibility of losing their
  101  current jobs as a consequence of attempting to progress along
  102  their chosen career path or simply seeking different and more
  103  rewarding employment, failure to have these safeguards in place
  104  could have a chilling effect on the number and quality of
  105  applicants available to fill the position of president of a
  106  state university or Florida College System institution.
  107         Section 3. This act shall take effect July 1, 2020.

Picture Name From Date Type
Manny Diaz R-Tallahassee Sponsor
Date Branch Action
01/27/2020 Senate Favorable by Education; YEAS 6 NAYS 1 -SJ 214 Now in Governmental Oversight and Accountability
01/22/2020 Senate On Committee agenda-- Education, 01/27/20, 1:30 pm, 412 Knott Building
01/14/2020 Senate Introduced -SJ 59
11/21/2019 Senate Referred to Education; Governmental Oversight and Accountability; Rules -SJ 59
11/05/2019 Senate Filed
Summary
Congress - Bill Number Major Title
Branch Vote Date Yes No Not Voting
Wiki





Start Description.
Providing an exemption from public records requirements for any personal identifying information of an applicant for president of a state university or Florida College System institution; providing an exemption from public meeting requirements for any meeting held for the purpose of identifying or vetting applicants for president of a state university or Florida College System institution and for any portion of a meeting held for the purpose of establishing qualifications of, or any compensation
End Description.

Bill TEXT Points.
This Bill has been listed with the following Subjects from Texts:
Senate
Florida Senate - 2020 SB 774 By Senator Diaz 36-00599A-20 2020774__ 1 A bill to be entitled 2 An act relating to public records and meetings; 3 creating s

Sun
62 (6) This section is subject to the Open Government Sunset 63 Review Act in accordance with s

Legislature
22 23 Be It Enacted by the Legislature of the State of Florida: 24 25 Section 1

Art
33 24(a), Art


End Bill TEXT Points.
Date Bill Major Title
Committee Name
Subject Type