Senate Bill sb0894e2

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    CS for SB 894                           Second Engrossed (ntc)



  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 finalists

  9         are nominated; providing for future review and

10         repeal; providing a finding of public

11         necessity; providing an effective date.

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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

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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  selection of three finalists, all files, interviews, meetings,

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

31  applicants, shall be open to the public. The records of all


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    CS for SB 894                           Second Engrossed (ntc)



  1  applicants shall be open to the public three years after the

  2  closing date for filing an application for the position.

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

  4  information that would identify an applicant under subsection

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

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

  7  after three finalists are selected, any meeting or portion of

  8  a meeting in which one or more of the finalists are discussed

  9  shall be open to the public. Tape recordings, minutes and

10  other records of applicants other than the finalists shall be

11  open three years after the closing date for filing an

12  application for the position; provided that, before the

13  records are made public, the custodian of the records relating

14  to a non-finalist candidate shall redact from such records

15  those matters that personally identify the applicant. If tape

16  recordings are requested, a redacted transcript may be

17  provided.

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

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

20  repealed on October 2, 2006, unless reviewed and saved from

21  repeal through reenactment by the Legislature before that

22  date.

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

24  necessity that information that would identify an applicant

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

26  state university, or president of a public community college

27  be held confidential and exempt. Disclosure of information

28  that would identify an applicant could threaten or harm an

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

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

31  result, an applicant could be discouraged from pursuing an


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    CS for SB 894                           Second Engrossed (ntc)



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

  2  available applicants. A limitation on the number of qualified

  3  applicants seeking these positions could have a significant

  4  impact on the effective and efficient administration of

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

  6  harm from providing access to and disclosure of information

  7  that would identify an applicant other than the finalists

  8  significantly outweighs any public benefit that could be

  9  derived from providing access to this information at an

10  earlier date. The Legislature also notes that, once the

11  finalists have been selected, it is necessary for a full and

12  adequate review and comparison of the finalists, that all

13  records and meetings related to one or more of the finalists

14  must be open to the public. The Legislature further finds

15  that, to ensure that other applicants who are not finalists

16  are given adequate protection while still providing public

17  oversight over the entire selection process, a three-year

18  period of closure of records and tape recordings and other

19  records of meetings, is sufficient to protect applicants and

20  to permit public oversight.

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

22  as Committee Substitute for Senate Bill 2108 or similar

23  legislation relating to education governance, if such

24  legislation is adopted during the 2001 Regular Session or an

25  extension thereof and becomes law.

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