CS/HB 895

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

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