Senate Bill 2434e2

    CS for SB 2434                          Second Engrossed (ntc)



  1                      A bill to be entitled

  2         An act relating to public records; providing an

  3         exemption from public records requirements for

  4         certain records of an educator who successfully

  5         completes a recovery network treatment program;

  6         providing an expiration date; providing a

  7         finding of public necessity; providing a

  8         contingent effective date.

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10  Be It Enacted by the Legislature of the State of Florida:

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12         Section 1.  Upon successful completion of a treatment

13  program as provided in section 231.263(6)(c), Florida

14  Statutes, as amended by Committee Substitute for Committee

15  Substitute for House Bills 63 & 77 and 891, 995, 2009 and

16  2135, First Engrossed, or similar legislation, and full

17  compliance with a deferred prosecution agreement between an

18  educator and the Department of Education, entered into

19  pursuant to that section, the investigative records of the

20  educator created by the Department of Education which relate

21  solely to participation in a recovery network treatment

22  program are exempt from the disclosure provisions of Section

23  24(a) of Article I of the State Constitution and section

24  119.07(1), Florida Statutes. This exemption does not include

25  the investigative records of any criminal justice agency. This

26  exemption is subject to the Open Government Sunset Review Act

27  in accordance with section 119.15, Florida Statutes, and

28  expires on October 2, 2005, unless reviewed and reenacted by

29  the Legislature.

30         Section 2.  The Legislature finds that it is a public

31  necessity that the records described in section 1 of this act


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CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 2434                          Second Engrossed (ntc)



  1  be held confidential in order to promote the rehabilitation of

  2  impaired educators. Furthermore, the Legislature finds that it

  3  would encourage participation in the recovery network program

  4  for educators and reduce the teacher shortage in the state if

  5  the confidentiality of records pertaining to participation in

  6  the program encouraged more participation in the program.

  7         Section 3.  This act shall take effect on the effective

  8  date of Committee Substitute for Senate Bill 2432 or similar

  9  legislation, relating to the network recovery treatment

10  program, and shall not take effect if that legislation does

11  not become a law.

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