Senate Bill sb0894c1

    Florida Senate - 2001                            CS for SB 894

    By the Committee on Governmental Oversight and Productivity;
    and Senator Garcia




    302-1892-01

  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 until a candidate

  9         is nominated; providing for future review and

10         repeal; providing a finding of public

11         necessity; providing an effective date.

12

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

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15         Section 1.  Section 229.0055, Florida Statutes, is

16  created to read:

17         229.005  Certain information exempt from disclosure.--

18         (1)  Information that would identify an applicant for

19  the position of:

20         (a)  The Commissioner of Education and which is in the

21  possession of the Florida Board of Education,

22         (b)  A president of a state university and which is in

23  the possession of the university board of trustees, or

24         (c)  A president of a community college and which is in

25  the possession of a community college board of trustees

26

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

28  and s. 24(a), Art. I of the State Constitution. Upon the

29  nomination of a candidate, all files, interviews, meetings,

30  appearances, and comments of the nominee, but not other

31  applicants, shall be open to the public.

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    Florida Senate - 2001                            CS for SB 894
    302-1892-01




  1         (2)  Any meeting or portion of a meeting in which

  2  information that would identify an applicant under subsection

  3  (1) is discussed is exempt from the provisions of s. 286.011

  4  and s. 24(b), Art. I of the State Constitution, except that

  5  after a candidate is nominated, any meeting or portion of a

  6  meeting in which the nominee is discussed shall be open to the

  7  public.

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

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

10  repealed on October 2, 2006, unless reviewed and saved from

11  repeal through reenactment by the Legislature before that

12  date.

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

14  necessity that information that would identify an applicant

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

16  state university, or president of a public community college

17  be held confidential and exempt. Disclosure of information

18  that would identify an applicant could threaten or harm an

19  applicant's current professional position if the applicant's

20  present employer were to become aware of the application. As a

21  result, an applicant could be discouraged from pursuing an

22  available position, which would reduce the size of the pool of

23  available applicants. A limitation on the number of qualified

24  applicants seeking these positions could have a significant

25  impact on the effective and efficient administration of

26  programs and services offered by these entities. Thus, the

27  harm from providing access to and disclosure of information

28  that would identify an applicant prior to the time a candidate

29  is nominated significantly outweighs any public benefit that

30  could be derived from providing access to this information at

31  an earlier date. The Legislature also notes that, once a

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    Florida Senate - 2001                            CS for SB 894
    302-1892-01




  1  candidate has been nominated, it is necessary for a full and

  2  adequate review of the qualifications of the nominee that

  3  records and meetings related to that nominee must be open to

  4  the public.

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

  6  as Committee Substitute for Senate Bill 2108 or similar

  7  legislation relating to education governance, if such

  8  legislation is adopted during the 2001 Regular Session or an

  9  extension thereof and becomes law.

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11          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
12                              SB 894

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14  Makes confidential and exempt information that would identify
    an applicant for the position of the Commissioner of
15  Education, or a president of a state university or community
    college.
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    Closes meetings at which information is discussed that would
17  identify an applicant.

18  Provides that, once a candidate is nominated, the nominee's
    records are open and meetings at which information related to
19  nominee is discussed are open.

20  Provides for review and repeal.

21  Provides a statement of public necessity.

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