Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. SB 1912
       
       
       
       
       
       
                                Barcode 916162                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/18/2009           .                                
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       The Committee on Education Pre-K - 12 (Detert) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (3) of section 1008.24, Florida
    6  Statutes, is amended to read:
    7         1008.24 Test security.—
    8         (3)(a) A district school superintendent, a president of a
    9  public postsecondary educational institution, or a president of
   10  a nonpublic postsecondary educational institution shall
   11  cooperate with the Commissioner of Education in any
   12  investigation concerning the administration of a test
   13  administered pursuant to state statute or rule.
   14         (b)The identity of a school or postsecondary institution,
   15  the personally identifiable information of any personnel of any
   16  school district or postsecondary institution, or any specific
   17  allegations of misconduct obtained or reported pursuant to an
   18  investigation conducted by the Department of Education of a
   19  testing impropriety are confidential and exempt from the
   20  provisions of s. 119.07(1) and s. 24(a), Art. I of the State
   21  Constitution until the conclusion of the investigation or until
   22  such time as the investigation ceases to be active. For the
   23  purpose of this paragraph, an investigation shall be deemed
   24  concluded upon a finding that no impropriety has occurred, upon
   25  the conclusion of any resulting preliminary investigation
   26  pursuant to s. 1012.796, upon the completion of any resulting
   27  investigation by a law enforcement agency, or upon the referral
   28  of the matter to an employer who has the authority to take
   29  disciplinary action against an individual who is suspected of a
   30  testing impropriety. For the purpose of this paragraph, an
   31  investigation shall be considered active so long as it is
   32  ongoing and there is a reasonable, good faith anticipation that
   33  an administrative finding will be made in the foreseeable
   34  future. This paragraph is subject to the Open Government Sunset
   35  Review Act in accordance with s. 119.15, and shall stand
   36  repealed on October 2, 2014, unless reviewed and saved from
   37  repeal through reenactment by the Legislature.
   38         Section 2. The Legislature finds that it is a public
   39  necessity that certain records related to the investigation of a
   40  testing impropriety, which are held by the Department of
   41  Education, be made confidential and exempt from public-records
   42  requirements until an investigation conducted by the department
   43  is concluded or until such investigation becomes inactive. The
   44  decisions relating to accountability and to testing in Florida
   45  are of statewide interest and there is a strong public interest
   46  in the circumstances surrounding an investigation of a testing
   47  impropriety, including the identity of a school or postsecondary
   48  institution and the actions by teachers, administrators,
   49  paraprofessionals, or other individuals which must be uncovered
   50  through a comprehensive investigation that may involve
   51  statistical and other analyses. The release of information
   52  before an investigation is concluded may reveal sensitive or
   53  personal information that could cause unwarranted damage to the
   54  names or reputations of the individuals involved.
   55         Section 3. This act shall take effect July 1, 2009.
   56  
   57  ================= T I T L E  A M E N D M E N T ================
   58         And the title is amended as follows:
   59         Delete everything before the enacting clause
   60  and insert:
   61                        A bill to be entitled                      
   62         An act relating to public records; amending s.
   63         1008.24, F.S.; providing an exemption from public
   64         records requirements for personally identifiable
   65         information or allegations of misconduct obtained or
   66         reported in connection with an investigation of a
   67         testing impropriety conducted by the Department of
   68         Education; providing that the exemption applies until
   69         the investigation is concluded or becomes inactive;
   70         providing for future legislative review and repeal of
   71         the exemption under the Open Government Sunset Review
   72         Act; providing a statement of public necessity;
   73         providing an effective date.