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



                                                   HOUSE AMENDMENT

                                                   Bill No. HB 769

    Amendment No. ___ (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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  5                                           ORIGINAL STAMP BELOW

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11  The Committee on State Administration offered the following:

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13         Amendment (with title amendment) 

14  Remove everything after the enacting clause

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16  and insert:

17         Section 1.   Subsection (17) of section 229.57, Florida

18  Statutes, is created to read:

19         229.57  Student assessment program; public records

20  exemption.--

21         (17)  All personal identifying information regarding a

22  teacher, as defined in s. 228.041(9)(a), contained in records

23  held by the Department of Education pursuant to ss. 229.57(8)

24  and (11), is confidential and exempt from s. 119.07(1) and s.

25  24(a), Art. I of the State Constitution.  However, such

26  information may be disclosed to the State Board of Education

27  in the course of its duties and responsibilities, and the

28  State Board of Education shall maintain the confidential and

29  exempt status of such information as provided herein. This

30  exemption applies to personal identifying information

31  regarding teachers held by the Department of Education before,

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    File original & 9 copies    02/07/02
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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 769

    Amendment No. ___ (for drafter's use only)





  1  on, or after the effective date of this exemption.  This

  2  subsection is subject to the Open Government Sunset Review Act

  3  of 1995 in accordance with s. 119.15, and shall stand repealed

  4  on October 2, 2007, unless reviewed and saved from repeal

  5  through reenactment by the Legislature.

  6         Section 2.  The Legislature finds that the exemption

  7  provided by this act is a public necessity because personal

  8  identifying information regarding teachers is of a sensitive,

  9  personal nature. The collection of such information by the

10  Department of Education is crucial to the effective

11  administration of the statewide assessment program, however,

12  if a teacher's personal identifying information was released,

13  a teacher might not be as willing to fully participate in

14  certain programs.  Those programs are intended to improve the

15  quality of teachers, however, the release of their personal

16  identifying information may lower instead of increase their

17  motivation towards excellence.  The release of such

18  information could also result in discriminatory practices

19  against certain teachers.  In addition, qualified persons may

20  be discouraged from entering the field of teaching by the

21  threat of such release of their personal information obtained

22  through the assessment program.  Therefore, the release of

23  such information would result in harm that far outweighs any

24  possible public benefit of such release.

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27  ================ T I T L E   A M E N D M E N T ===============

28  And the title is amended as follows:

29         On page 1, lines 4 through 9,

30  remove:  all of said lines

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 769

    Amendment No. ___ (for drafter's use only)





  1  and insert:

  2         public records requirements for personal

  3         identifying information regarding teachers held

  4         by the Department of Education; providing for

  5         disclosure of such information to the State

  6         Board of Education; providing for retroactive

  7         application;

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    File original & 9 copies    02/07/02
    hsa0005                     12:06 pm         00769-sa  -465417