Senate Bill sb1562e1

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  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.

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

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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

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  1  Statutes, is not repealed on January 7, 2003, as provided in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


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  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.

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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


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  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.


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  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.

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