Florida Senate - 2014 SB 656 By Senator Montford 3-00327A-14 2014656__ 1 A bill to be entitled 2 An act relating to a review under the Open Government 3 Sunset Review Act; amending s. 1008.24, F.S., which 4 provides an exemption from public records requirements 5 for certain information held by the Department of 6 Education during active investigations of allegations 7 of testing impropriety; saving the exemption from 8 repeal under the Open Government Sunset Review Act; 9 providing an effective date. 10 11 Be It Enacted by the Legislature of the State of Florida: 12 13 Section 1. Subsection (4) of section 1008.24, Florida 14 Statutes, is amended to read: 15 1008.24 Test administration and security.— 16 (4)(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 identity of a school or postsecondary educational 23 institution, the personally identifiable information of any 24 personnel of any school district or postsecondary educational 25 institution, or any specific allegations of misconduct obtained 26 or reported pursuant to an investigation conducted by the 27 Department of Education of a testing impropriety are 28 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I 29 of the State Constitution until the conclusion of the 30 investigation or until such time as the investigation ceases to 31 be active. For the purpose of this paragraph, an investigation 32 shall be deemed concluded upon a finding that no impropriety has 33 occurred, upon the conclusion of any resulting preliminary 34 investigation pursuant to s. 1012.796, upon the completion of 35 any resulting investigation by a law enforcement agency, or upon 36 the referral of the matter to an employer who has the authority 37 to take disciplinary action against an individual who is 38 suspected of a testing impropriety. For the purpose of this 39 paragraph, an investigation shall be considered active so long 40 as it is ongoing and there is a reasonable, good faith 41 anticipation that an administrative finding will be made in the 42 foreseeable future.This paragraph is subject to the Open43Government Sunset Review Act in accordance with s. 119.15 and44shall stand repealed on October 2, 2014, unless reviewed and45saved from repeal through reenactment by the Legislature.46 Section 2. This act shall take effect October 1, 2014.