HB 467

1	A bill to be entitled
2	An act relating to a public records and public meetings
3	exemption; amending s. 395.3035, Florida Statutes;
4	providing an exemption from public records requirements
5	for the name of a candidate or nominee for the position of
6	chief executive officer or designated corporate officer of
7	a public hospital in the possession of a search committee
8	appointed by the hospital governing board for the purpose
9	of selecting such candidates or nominees and any records
10	or information in the possession of the search committee
11	that would reveal the identity of a candidate or nominee;
12	providing for limited duration of the exemption; providing
13	an exemption from public meetings requirements for a
14	meeting or portion of a meeting of a search committee
15	appointed by the governing board of a public hospital for
16	the purpose of selecting candidates or nominees for the
17	position of chief executive officer or designated
18	corporate officer of the hospital at which information
19	made confidential and exempt under the act is presented or
20	discussed; providing an exemption from public records
21	requirements for any records generated during those
22	meetings or portions of meetings which are closed to the
23	public under the act; providing for limited duration of
24	the exemption; providing for review and repeal; providing
25	a statement of public necessity; providing an effective
26	date.
27
28	Be It Enacted by the Legislature of the State of Florida:
29
30	Section 1.  Paragraph (e) is added to subsection (2) of
31	section 395.3035, Florida Statutes, subsection (5) is renumbered
32	as subsection (6) and amended, subsections (6) through (9) are
33	renumbered as subsections (7) through (10), respectively, and a
34	new subsection (5) is added to that section, to read:
35	395.3035  Confidentiality of hospital records and
36	meetings.--
37	(2)  The following records and information of any hospital
38	that is subject to chapter 119 and s. 24(a), Art. I of the State
39	Constitution are confidential and exempt from the provisions of
40	s. 119.07(1) and s. 24(a), Art. I of the State Constitution:
41	(e)  The name of a candidate or nominee for the position of
42	chief executive officer or designated corporate officer of a
43	public hospital in the possession of a search committee
44	appointed by the governing board of a public hospital for the
45	purpose of selecting such candidates or nominees and any records
46	or information in the possession of the search committee that
47	would reveal the identity of such candidate or nominee are
48	confidential and exempt from the provisions of s. 119.071(1) and
49	s. 24(a), Art. I of the State Constitution until the list of
50	candidates or nominees is transmitted to the hospital governing
51	board. This paragraph is subject to the Open Government Sunset
52	Review Act in accordance with s. 119.15 and shall stand repealed
53	on October 2, 2012, unless reviewed and saved from repeal
54	through reenactment by the Legislature.
55	(5)  Any meeting or portion of a meeting of a search
56	committee appointed by the governing board of a public hospital
57	for the purpose of selecting candidates or nominees for the
58	position of chief executive officer or designated corporate
59	officer of the hospital at which information is presented or
60	discussed which is confidential and exempt under paragraph
61	(2)(e) is closed to the public and exempt from s. 286.011 and s.
62	24(b), Art. I of the State Constitution. This subsection is
63	subject to the Open Government Sunset Review Act in accordance
64	with s. 119.15 and shall stand repealed on October 2, 2012,
65	unless reviewed and saved from repeal through reenactment by the
66	Legislature.
67	(6)(5)  Any public records, such as tape recordings,
68	minutes, and notes, generated at any governing board meeting, or
69	portion of a governing board meeting, search committee meeting
70	pursuant to subsection (5), or portion of a search committee
71	meeting which is closed to the public pursuant to this section
72	are confidential and exempt from the provisions of s. 119.07(1)
73	and s. 24(a), Art. I of the State Constitution. All such records
74	of  a governing board meeting shall be retained and shall cease
75	to be exempt at the same time as the transcript of the meeting
76	becomes available to the public. All records of a search
77	committee meeting shall be retained and shall be exempt until
78	the search committee's list of candidates or nominees is
79	transmitted to the governing board. This subsection is subject
80	to the Open Government Sunset Review Act in accordance with s.
81	119.15 and shall stand repealed on October 2, 2012, unless
82	reviewed and saved from repeal through reenactment by the
83	Legislature.
84	Section 2.  The Legislature finds that it is a public
85	necessity that the name of a candidate or nominee for the
86	position of chief executive officer or designated corporate
87	officer of a public hospital in the possession of a search
88	committee appointed by the governing board of a public hospital
89	for the purpose of selecting such candidates or nominees and any
90	records or information in the possession of the search committee
91	that would reveal the identity of a candidate or nominee be made
92	confidential and exempt from public records requirements until
93	the list of candidates or nominees is transmitted to the
94	hospital governing board. Public hospitals are placed at a
95	competitive disadvantage with private hospitals, both within the
96	state and nationally, with respect to the selection and hiring
97	of potential chief executive officers or designated corporate
98	officers because public records laws require that the identities
99	of candidates or nominees for such positions be made public.
100	Because of the state's open records laws, many qualified
101	applicants are sometimes hesitant to apply for these positions
102	out of concern that their current employment may be adversely
103	affected or even jeopardized if it is made known that they are
104	seeking or being considered for employment elsewhere.
105	Consequently, the Legislature further finds that it is a public
106	necessity that a meeting or portion of a meeting of a search
107	committee appointed by the board of trustees of a public
108	hospital for the purpose of selecting such candidates or
109	nominees at which information is presented or discussed which is
110	confidential and exempt from public records requirements be made
111	confidential and exempt from public meetings requirements. The
112	Legislature further finds that it is a public necessity that any
113	records generated at those meetings or portions of meetings
114	which are closed to the public, such as tape recordings,
115	minutes, or notes, be made confidential and exempt from public
116	records requirements until the list of candidates or nominees is
117	transmitted to the hospital governing board. Failure to extend
118	the public records exemption to the records generated at a
119	search committee meeting would render meaningless the exemption
120	from public meetings requirements for a public hospital search
121	committee.
122	Section 3.  This act shall take effect October 1, 2007.

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