ENROLLED
       2012 Legislature                           SB 878, 1st Engrossed
       
       
       
       
       
       
                                                              2012878er
    1  
    2         An act relating to Florida College System personnel
    3         records; amending s. 1012.81, F.S.; specifying records
    4         that constitute limited-access records; providing an
    5         effective date.
    6  
    7  Be It Enacted by the Legislature of the State of Florida:
    8  
    9         Section 1. Section 1012.81, Florida Statutes, is amended to
   10  read:
   11         1012.81 Personnel records.—
   12         (1) Rules of The State Board of Education shall adopt rules
   13  prescribing prescribe the content and custody of limited-access
   14  records that which a Florida College System institution may
   15  maintain on its employees. Such records shall be limited to
   16  information reflecting evaluations of employee performance and
   17  shall be open to inspection only by the employee and by
   18  officials of the college who are responsible for supervision of
   19  the employee. Such Limited-access employee records are
   20  confidential and exempt from the provisions of s. 119.07(1).
   21  Limited-access records include only the following:
   22         (a) Records containing information reflecting academic
   23  evaluations of employee performance; however, the employee and
   24  officials of the institution responsible for supervision of the
   25  employee shall have access to such records.
   26         (b) Records maintained for the purposes of any
   27  investigation of employee misconduct, including, but not limited
   28  to, a complaint against an employee and all information obtained
   29  pursuant to the investigation of such complaint; however, these
   30  records become public after the investigation ceases to be
   31  active or when the institution provides written notice to the
   32  employee who is the subject of the complaint that the
   33  institution has either:
   34         1. Concluded the investigation with a finding not to
   35  proceed with disciplinary action;
   36         2. Concluded the investigation with a finding to proceed
   37  with disciplinary action; or
   38         3. Issued a letter of discipline.
   39  
   40  For the purpose of this paragraph, an investigation shall be
   41  considered active as long as it is continuing with a reasonable,
   42  good faith anticipation that a finding will be made in the
   43  foreseeable future. An investigation shall be presumed to be
   44  inactive if no finding is made within 90 days after the
   45  complaint is filed.
   46         (c) Records maintained for the purposes of any disciplinary
   47  proceeding brought against an employee; however, these records
   48  shall be open to inspection by the employee and shall become
   49  public after a final decision is made in the proceeding.
   50         (d) Records maintained for the purposes of any grievance
   51  proceeding brought by an employee for enforcement of a
   52  collective bargaining agreement or contract; however, these
   53  records shall be open to inspection by the employee and by
   54  officials of the institution conducting the grievance proceeding
   55  and shall become public after a final decision is made in the
   56  proceeding.
   57         (2) Except as required for use by the president in the
   58  discharge of his or her official responsibilities, the custodian
   59  of limited-access employee records may release information from
   60  such records only upon authorization in writing from the
   61  employee or the president or upon order of a court of competent
   62  jurisdiction.
   63         Section 2. This act shall take effect July 1, 2012.