Florida Senate - 2014 CS for SB 656 By the Committee on Governmental Oversight and Accountability; and Senator Montford 585-02891-14 2014656c1 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., relating 4 to an exemption from public records requirements for 5 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. Paragraph (b) of subsection (4) of section 14 1008.24, Florida Statutes, is amended to read: 15 1008.24 Test administration and security; public records 16 exemption.— 17 (4) 18 (b) The identity of a school or postsecondary educational 19 institution, personal identifyingthe personally identifiable20 information of any personnel of any school district or 21 postsecondary educational institution, or any specific 22 allegations of misconduct obtained or reported pursuant to an 23 investigation conducted by the Department of Education of a 24 testing impropriety are confidential and exempt from s. 25 119.07(1) and s. 24(a), Art. I of the State Constitution until 26 the conclusion of the investigation or until such time as the 27 investigation ceases to be active. For the purpose of this 28 paragraph, an investigation isshall bedeemed concluded upon a 29 finding that no impropriety has occurred, upon the conclusion of 30 any resulting preliminary investigation pursuant to s. 1012.796, 31 upon the completion of any resulting investigation by a law 32 enforcement agency, or upon the referral of the matter to an 33 employer who has the authority to take disciplinary action 34 against an individual who is suspected of a testing impropriety. 35 For the purpose of this paragraph, an investigation isshall be36 considered active so long as it is ongoing and there is a 37 reasonable, good faith anticipation that an administrative 38 finding will be made in the foreseeable future.This paragraph39is subject to the Open Government Sunset Review Act in40accordance with s. 119.15 and shall stand repealed on October 2,412014, unless reviewed and saved from repeal through reenactment42by the Legislature.43 Section 2. This act shall take effect October 1, 2014.