Florida Senate - 2009                             CS for SB 1912
       
       
       
       By the Committee on Education Pre-K - 12; and Senator Detert
       
       
       
       
       581-03021-09                                          20091912c1
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         1008.24, F.S.; providing an exemption from public
    4         records requirements for personally identifiable
    5         information or allegations of misconduct obtained or
    6         reported in connection with an investigation of a
    7         testing impropriety conducted by the Department of
    8         Education; providing that the exemption applies until
    9         the investigation is concluded or becomes inactive;
   10         providing for future legislative review and repeal of
   11         the exemption under the Open Government Sunset Review
   12         Act; providing a statement of public necessity;
   13         providing an effective date.
   14  
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Subsection (3) of section 1008.24, Florida
   18  Statutes, is amended to read:
   19         1008.24 Test security.—
   20         (3)(a) A district school superintendent, a president of a
   21  public postsecondary educational institution, or a president of
   22  a nonpublic postsecondary educational institution shall
   23  cooperate with the Commissioner of Education in any
   24  investigation concerning the administration of a test
   25  administered pursuant to state statute or rule.
   26         (b) The identity of a school or postsecondary institution,
   27  the personally identifiable information of any personnel of any
   28  school district or postsecondary institution, or any specific
   29  allegations of misconduct obtained or reported pursuant to an
   30  investigation conducted by the Department of Education of a
   31  testing impropriety are confidential and exempt from the
   32  provisions of s. 119.07(1) and s. 24(a), Art. I of the State
   33  Constitution until the conclusion of the investigation or until
   34  such time as the investigation ceases to be active. For the
   35  purpose of this paragraph, an investigation shall be deemed
   36  concluded upon a finding that no impropriety has occurred, upon
   37  the conclusion of any resulting preliminary investigation
   38  pursuant to s. 1012.796, upon the completion of any resulting
   39  investigation by a law enforcement agency, or upon the referral
   40  of the matter to an employer who has the authority to take
   41  disciplinary action against an individual who is suspected of a
   42  testing impropriety. For the purpose of this paragraph, an
   43  investigation shall be considered active so long as it is
   44  ongoing and there is a reasonable, good faith anticipation that
   45  an administrative finding will be made in the foreseeable
   46  future. This paragraph is subject to the Open Government Sunset
   47  Review Act in accordance with s. 119.15, and shall stand
   48  repealed on October 2, 2014, unless reviewed and saved from
   49  repeal through reenactment by the Legislature.
   50         Section 2. The Legislature finds that it is a public
   51  necessity that certain records related to the investigation of a
   52  testing impropriety, which are held by the Department of
   53  Education, be made confidential and exempt from public-records
   54  requirements until an investigation conducted by the department
   55  is concluded or until such investigation becomes inactive. The
   56  decisions relating to accountability and to testing in Florida
   57  are of statewide interest and there is a strong public interest
   58  in the circumstances surrounding an investigation of a testing
   59  impropriety, including the identity of a school or postsecondary
   60  institution and the actions by teachers, administrators,
   61  paraprofessionals, or other individuals which must be uncovered
   62  through a comprehensive investigation that may involve
   63  statistical and other analyses. The release of information
   64  before an investigation is concluded may reveal sensitive or
   65  personal information that could cause unwarranted damage to the
   66  names or reputations of the individuals involved.
   67         Section 3. This act shall take effect July 1, 2009.