Florida Senate - 2015 CS for SB 182 By the Committee on Higher Education; and Senator Hays 589-01633A-15 2015182c1 1 A bill to be entitled 2 An act relating to public records and meetings; 3 creating s. 1004.097, F.S.; providing an exemption 4 from public records requirements for any personal 5 identifying information, including the name, of an 6 applicant for president, provost, or dean of a state 7 university or Florida College System institution; 8 providing an exemption from public meeting 9 requirements for any portion of a meeting held for the 10 purpose of identifying or vetting applicants for 11 president, provost, or dean of a state university or 12 Florida College System institution; providing an 13 exception for any portion of a meeting held for the 14 purpose of establishing the qualifications of, or any 15 compensation framework to be offered to, potential 16 applicants; providing applicability; requiring 17 reasonable notice of meetings; requiring release of 18 the names of specified applicants within a certain 19 timeframe; providing for future legislative review and 20 repeal of the exemptions; providing a statement of 21 public necessity; providing an effective date. 22 23 Be It Enacted by the Legislature of the State of Florida: 24 25 Section 1. Section 1004.097, Florida Statutes, is created 26 to read: 27 1004.097 Information identifying applicants for president, 28 provost, or dean at state universities or Florida College System 29 institutions; public records exemption; public meetings 30 exemption.— 31 (1) Any personal identifying information, including, but 32 not limited to, the name, of an applicant for president, 33 provost, or dean of a state university or Florida College System 34 institution is confidential and exempt from s. 119.07(1) and s. 35 24(a), Art. I of the State Constitution. 36 (2) Any portion of a meeting held for the purpose of 37 identifying or vetting applicants for president, provost, or 38 dean of a state university or Florida College System institution 39 is exempt from s. 286.011 and s. 24(b), Art. I of the State 40 Constitution. This exemption does not apply to a meeting held 41 for the purpose of establishing the qualifications of potential 42 applicants or any compensation framework to be offered to 43 potential applicants. However, any portion of such a meeting 44 that would disclose personal identifying information of an 45 applicant or potential applicant is exempt from s. 286.011 and 46 s. 24(b), Art. I of the State Constitution. Notwithstanding this 47 subsection, any portion of a meeting must be reasonably noticed. 48 (3) Any meeting or interview held after a final group of 49 applicants has been established for the purpose of making a 50 final selection to fill the position of president, provost, or 51 dean of a state university or Florida College System institution 52 is subject to s. 286.011 and s. 24(b), Art. I of the State 53 Constitution. 54 (4) The names of those included in the final group of 55 applicants pursuant to subsection (3) must be released by the 56 state university or Florida College System institution no later 57 than 10 days before the date of the meeting at which a final 58 action or vote is to be taken on the employment of the 59 applicants. 60 (5) Any personal identifying information of those included 61 in the final group of applicants pursuant to subsection (3) 62 becomes subject to s. 119.07(1) and s. 24(a), Art. I of the 63 State Constitution when the names of such applicants are 64 released pursuant to subsection (4). 65 (6) This section is subject to the Open Government Sunset 66 Review Act in accordance with s. 119.15 and shall stand repealed 67 on October 2, 2020, unless reviewed and saved from repeal 68 through reenactment by the Legislature. 69 Section 2. The Legislature finds that it is a public 70 necessity that any personal identifying information, including 71 the name, of an applicant for president, provost, or dean of a 72 state university or Florida College System institution be made 73 confidential and exempt from s. 119.07(1), Florida Statutes, and 74 s. 24(a), Article I of the State Constitution. The Legislature 75 also finds that any portion of any meeting held for the purpose 76 of identifying or vetting applicants for president, provost, or 77 dean of a state university or Florida College System institution 78 and any portion of a meeting held for the purpose of 79 establishing qualifications of, or any compensation framework to 80 be offered to, such potential applicants which would disclose 81 personal identifying information of an applicant or potential 82 applicant be made exempt from s. 286.011, Florida Statutes, and 83 s. 24(b), Article I of the State Constitution. The task of 84 filling the position of president, provost, or dean of a state 85 university or Florida College System institution is often 86 conducted by an executive search committee. Many, if not most, 87 applicants for such a position are currently employed at another 88 job at the time they apply and disclosure of their applications 89 could jeopardize their current positions. These exemptions from 90 public records and public meeting requirements are needed to 91 ensure that the executive search committee can avail itself of 92 the most experienced and desirable pool of qualified applicants 93 from which to fill the position of president, provost, or dean 94 of a state university or Florida College System institution. If 95 potential applicants fear the possibility of losing their 96 current employment as a consequence of attempting to progress 97 along their chosen career path or seeking different and more 98 rewarding employment, failure to have these exemptions in place 99 could have a chilling effect on the number and quality of 100 applicants available to fill the position of president, provost, 101 or dean of a state university or Florida College System 102 institution. 103 Section 3. This act shall take effect October 1, 2015.