Senate Bill sb1562e1
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 1562 First Engrossed
1 A bill to be entitled
2 An act relating to public records and meetings;
3 creating s. 240.213(6), F.S.; providing that
4 the claims files of self-insurance programs
5 adopted under this section are exempt from
6 public-disclosure requirements; reenacting and
7 amending s. 240.237, F.S.; providing that
8 certain university and college student records
9 as prescribed by the university and college
10 board of trustees are exempt from
11 public-disclosure requirements; reenacting and
12 amending s. 240.253, F.S.; providing that
13 university and college boards of trustees adopt
14 rules relating to employee records; providing
15 that certain university and college employee
16 records are exempt from public-disclosure
17 requirements; providing findings of public
18 necessity; providing an effective date.
19
20 Be It Enacted by the Legislature of the State of Florida:
21
22 Section 1. Subsection (6) of section 240.213, Florida
23 Statutes, is created to read:
24 240.213 Board authorized to secure liability
25 insurance.--
26 (6) The claims files of a self-insurance program
27 adopted under this section are exempt from s. 119.07(1) and s.
28 24(a), Art. I of the State Constitution.
29 Section 2. Notwithstanding subsection (7) of section 3
30 of chapter 2000-321, Laws of Florida, section 240.237, Florida
31
1
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 1562 First Engrossed
1 Statutes, is not repealed on January 7, 2003, as provided in
2 that act, but that section is reenacted and amended to read:
3 240.237 Student records.--The university and college
4 boards of trustees may prescribe the content and custody of
5 records and reports which the university or college may
6 maintain on its students. Such records are confidential and
7 exempt from the provisions of s. 119.07(1) and s. 24(a), Art.
8 I of the State Constitution, and are open to inspection only
9 as provided in s. 228.093.
10 Section 3. Notwithstanding subsection (7) of section 3
11 of chapter 2000-321, Laws of Florida, section 240.253, Florida
12 Statutes, is not repealed on January 7, 2003, as provided in
13 that act, but that section is reenacted and amended to read:
14 240.253 Personnel records.--
15 (1) Each university and college board of trustees
16 shall adopt rules prescribing the content and custody of
17 limited-access records that the university or college may
18 maintain on its employees. Such limited-access records are
19 confidential and exempt from the provisions of s. 119.07(1)
20 and s. 24(a), Art. I of the State Constitution. Such records
21 are limited to the following:
22 (a) Records containing information reflecting academic
23 evaluations of employee performance shall be open to
24 inspection only by the employee and by officials of the
25 university or college responsible for supervision of the
26 employee.
27 (b) Records maintained for the purposes of any
28 investigation of employee misconduct, including but not
29 limited to a complaint against an employee and all information
30 obtained pursuant to the investigation of such complaint,
31 shall be confidential until the investigation ceases to be
2
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 1562 First Engrossed
1 active or until the university or college provides written
2 notice to the employee who is the subject of the complaint
3 that the university or college has either:
4 1. Concluded the investigation with a finding not to
5 proceed with disciplinary action;
6 2. Concluded the investigation with a finding to
7 proceed with disciplinary action; or
8 3. Issued a letter of discipline.
9
10 For the purpose of this paragraph, an investigation shall be
11 considered active as long as it is continuing with a
12 reasonable, good-faith good faith anticipation that a finding
13 will be made in the foreseeable future. An investigation
14 shall be presumed to be inactive if no finding is made within
15 90 days after the complaint is filed.
16 (c) Records maintained for the purposes of any
17 disciplinary proceeding brought against an employee shall be
18 confidential until a final decision is made in the proceeding.
19 The record of any disciplinary proceeding, including any
20 evidence presented, shall be open to inspection by the
21 employee at all times.
22 (d) Records maintained for the purposes of any
23 grievance proceeding brought by an employee for enforcement of
24 a collective bargaining agreement or contract shall be
25 confidential and shall be open to inspection only by the
26 employee and by officials of the university or college
27 conducting the grievance proceeding until a final decision is
28 made in the proceeding.
29 (2) Notwithstanding the foregoing, any records or
30 portions thereof which are otherwise confidential by law shall
31 continue to be exempt from the provisions of s. 119.07(1) and
3
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 1562 First Engrossed
1 s. 24(a), Art. I of the State Constitution. In addition, for
2 sexual harassment investigations, portions of such records
3 which identify the complainant, a witness, or information
4 which could reasonably lead to the identification of the
5 complainant or a witness are limited-access records.
6 (3) Except as required for use by the president in the
7 discharge of his or her official responsibilities, the
8 custodian of limited-access records may release information
9 from such records only upon authorization in writing from the
10 employee or upon order of a court of competent jurisdiction.
11 (4) Notwithstanding the provisions of subsection (1),
12 records comprising the common core items contained in the
13 State University System Student Assessment of Instruction
14 instrument may not be prescribed as limited-access records.
15 (5) This act shall apply to records created after July
16 1, 1995.
17 Section 4. (1) The Legislature finds it is a public
18 necessity to exempt the claims files of self-insurance
19 programs under section 240.213, Florida Statutes, from
20 disclosure because the disclosure of confidential business
21 information would injure the affected entity in the
22 marketplace by reducing its business advantage by providing
23 competitors and claimants with detailed insight into the
24 management of claims.
25 (2) The Legislature finds it is a public necessity to
26 exempt certain student records under section 240.237, Florida
27 Statutes, from disclosure because the confidential information
28 is of a sensitive personal nature. The exemption is necessary
29 to protect student safety and a student's expectation of
30 privacy. The records are open to inspection only as provided
31 in section 228.093, Florida Statutes.
4
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB 1562 First Engrossed
1 (3) The Legislature finds it is a public necessity to
2 exempt certain employee records under section 240.253, Florida
3 Statutes, from disclosure because the confidential information
4 is of a sensitive personal nature. The exemption is necessary
5 to protect employee safety and to protect an employee's
6 expectation of privacy.
7 Section 5. This act shall take effect January 7, 2003.
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
5
CODING: Words stricken are deletions; words underlined are additions.