Florida Senate - 2009                                    SB 1912
       
       
       
       By Senator Detert
       
       
       
       
       23-01081-09                                           20091912__
    1                        A bill to be entitled                      
    2         An act relating to a public-records exemption;
    3         amending s. 1008.24, F.S.; providing an exemption from
    4         public-records requirements for the investigation of
    5         education testing impropriety and information obtained
    6         pursuant to the investigation; providing for limited
    7         duration of the exemption; providing for future review
    8         and repeal of the exemption; providing a statement of
    9         public necessity; providing an effective date.
   10         
   11  Be It Enacted by the Legislature of the State of Florida:
   12         
   13         Section 1. Subsection (3) of section 1008.24, Florida
   14  Statutes, is amended to read:
   15         1008.24 Test security.—
   16         (3)(a) A district school superintendent, a president of a
   17  public postsecondary educational institution, or a president of
   18  a nonpublic postsecondary educational institution shall
   19  cooperate with the Commissioner of Education in any
   20  investigation concerning the administration of a test
   21  administered pursuant to state statute or rule.
   22         (b) The investigation of a testing impropriety and all
   23  information obtained pursuant to the investigation is
   24  confidential and exempt from the provisions of s. 119.07(1) and
   25  s. 24(a), Art. I of the State Constitution until the conclusion
   26  of any Department of Education investigation or as provided in
   27  s. 1012.796, when applicable. This paragraph is subject to the
   28  Open Government Sunset Review Act in accordance with s. 119.15
   29  and shall stand repealed on October 2, 2014, unless reviewed and
   30  saved from repeal through reenactment by the Legislature.
   31         Section 2. The Legislature finds that it is a public
   32  necessity that the investigation and all information related to
   33  the investigation of a testing impropriety held by the
   34  Department of Education be made confidential and exempt from
   35  public-records requirements until the conclusion of any
   36  Department of Education investigation or as provided in s.
   37  1012.796, Florida Statutes, when applicable. The accountability
   38  decisions related to testing in Florida are of statewide
   39  interest, and there exists strong public interest in any
   40  circumstances related to the investigation of a testing
   41  impropriety. Circumstances may involve actions by teachers,
   42  principals, or other individuals which must be uncovered through
   43  a thorough investigation that may involve statistical and other
   44  analyses. The release of information prior to the conclusion of
   45  an investigation may provide information of a sensitive personal
   46  nature which could cause unwarranted damage to the name or
   47  reputation of all involved individuals.
   48         Section 3. This act shall take effect July 1, 2009.