House Bill hb1535

    Florida House of Representatives - 2001                HB 1535

        By Representatives Lynn, Melvin, Waters, Wallace, Dockery,
    Lacasa, Murman, Maygarden, Johnson, Andrews and Kilmer





  1                      A bill to be entitled

  2         An act relating to public records; creating s.

  3         229.0055, F.S.; providing an exemption from

  4         public records requirements for identifying

  5         information regarding applicants for the

  6         position of Commissioner of Education,

  7         president of a state university, or president

  8         of a public community college; providing a

  9         criminal penalty for the release of such

10         information; providing for future review and

11         repeal; providing a finding of public

12         necessity; providing an effective date.

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

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16         Section 1.  Section 229.0055, Florida Statutes, is

17  created to read:

18         229.005  Certain information exempt from disclosure.--

19         (1)  Any identifying information regarding applicants

20  for the position of Commissioner of Education, president of a

21  state university, or president of a public community college

22  is confidential and exempt from the provisions of s. 119.07(1)

23  and s. 24(a), Art. I of the State Constitution. Any meeting or

24  portion of meeting wherein such information is discussed is

25  exempt from the provisions of s. 286.011 and s. 24(b), Art. I

26  of the State Constitution.

27         (2)  Any person, other than an applicant who discloses

28  his or her own candidacy for one of the positions identified

29  in subsection (1), who knowingly and willfully makes public or

30  discloses to any unauthorized person any information made

31  confidential and exempt pursuant to the provisions of this

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






    Florida House of Representatives - 2001                HB 1535

    560-259-01






  1  section commits a first degree misdemeanor, punishable as

  2  provided in s. 775.082 or s. 775.083.

  3         (3)  This section is subject to the Open Government

  4  Sunset Review Act of 1995 in accordance with s. 119.15 and is

  5  repealed on October 2, 2006, unless reviewed and saved from

  6  repeal through reenactment by the Legislature before that

  7  date.

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

  9  necessity that identifying information relating to applicants

10  for the position of Commissioner of Education, president of a

11  state university, or president of a public community college

12  be held confidential and exempt because disclosure of such

13  information could result in the release of sensitive, personal

14  information regarding an applicant, thereby discouraging

15  potential candidates from pursuing such positions. This in

16  turn could have a chilling effect on the pool of suitable

17  candidates who might otherwise express interest in such

18  positions, thereby severely limiting the ability of the state

19  to hire a highly qualified individual because release of such

20  information compromises the privacy of potential applicants

21  and may do harm to their current personal and professional

22  status. Any limitation on the number of qualified applicants

23  seeking such positions could have a significant impact on the

24  effective and efficient administration of programs and

25  services offered by these entities. Thus, the harm from

26  providing access to, and disclosure of, this information

27  significantly outweighs any public benefit that could be

28  derived from public access to this information.

29         Section 3.  This act shall take effect on the same date

30  as HB ____ or similar legislation relating to education

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    Florida House of Representatives - 2001                HB 1535

    560-259-01






  1  governance, if such legislation is adopted during the 2001

  2  Regular Session or an extension thereof and becomes a law.

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  5                          HOUSE SUMMARY

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      Provides an exemption from public records requirements
  7    for identifying information regarding applicants for the
      position of Commissioner of Education, president of a
  8    state university, or president of a public community
      college. Provides a criminal penalty for the release of
  9    such information. Provides for future review and repeal.
      Provides a finding of public necessity.
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CODING: Words stricken are deletions; words underlined are additions.