Florida Senate - 2014 SB 728 By Senator Hays 11-00966-14 2014728__ 1 A bill to be entitled 2 An act relating to public records and public meetings; 3 creating s. 1004.097, F.S.; providing an exemption 4 from public records requirements for any personal 5 identifying information of an applicant for president, 6 provost, or dean of a state university or Florida 7 College System institution; providing an exemption 8 from public meeting requirements for any meeting held 9 for the purpose of identifying or vetting applicants 10 for president, provost, or dean of a state university 11 or Florida College System institution and for any 12 portion of a meeting held for the purpose of 13 establishing qualifications of, or any compensation 14 framework to be offered to, such potential applicants 15 that would disclose personal identifying information 16 of an applicant or potential applicant; providing for 17 applicability; requiring release of the names of 18 specified applicants within a certain timeframe; 19 providing for future legislative review and repeal of 20 the exemptions; providing a statement of public 21 necessity; providing an effective date. 22 23 Be It Enacted by the Legislature of the State of Florida: 24 25 Section 1. Section 1004.097, Florida Statutes, is created 26 to read: 27 1004.097 Information identifying applicants for president, 28 provost, or dean at state universities and Florida College 29 System institutions; public records exemption; public meeting 30 exemption. 31 (1) Any personal identifying information of an applicant 32 for president, provost, or dean of a state university or Florida 33 College System institution is confidential and exempt from s. 34 119.07(1) and s. 24(a), Art. I of the State Constitution. 35 (2) Any meeting held for the purpose of identifying or 36 vetting applicants for president, provost, or dean of a state 37 university or Florida College System institution is exempt from 38 s. 286.011 and s. 24(b), Art. I of the State Constitution. This 39 exemption does not apply to a meeting held for the purpose of 40 establishing qualifications of potential applicants or any 41 compensation framework to be offered to potential applicants. 42 However, any portion of such a meeting that would disclose 43 personal identifying information of an applicant or potential 44 applicant is exempt from s. 286.011 and s. 24(b), Art. I of the 45 State Constitution. 46 (3) Any meeting or interview held after a final group of 47 applicants has been established and held for the purpose of 48 making a final selection to fill the position of president, 49 provost, or dean of a state university or Florida College System 50 institution is subject to the provisions of s. 286.011 and s. 51 24(b), Art. I of the State Constitution. 52 (4) The names of applicants who comprise a final group of 53 applicants pursuant to subsection (3) must be released by the 54 state university or Florida College System institution no later 55 than 21 days before the date of the meeting at which final 56 action or vote is to be taken on the employment of the 57 applicants. 58 (5) Any personal identifying information of applicants who 59 comprise a final group of applicants pursuant to subsection (3) 60 becomes subject to the provisions of s. 119.07(1) and s. 24(a), 61 Art. I of the State Constitution at the time the names of such 62 applicants are released pursuant to subsection (4). 63 (6) This section is subject to the Open Government Sunset 64 Review Act in accordance with s. 119.15 and shall stand repealed 65 on October 2, 2019, unless reviewed and saved from repeal 66 through reenactment by the Legislature. 67 Section 2. The Legislature finds that it is a public 68 necessity that any personal identifying information of an 69 applicant for president, provost, or dean of a state university 70 or Florida College System institution be made confidential and 71 exempt from s. 119.07(1), Florida Statutes, and s. 24(a), 72 Article I of the State Constitution. It is also the finding of 73 the Legislature that any meeting held for the purpose of 74 identifying or vetting applicants for president, provost, or 75 dean of a state university or Florida College System institution 76 and any portion of a meeting held for the purpose of 77 establishing qualifications of, or any compensation framework to 78 be offered to, such potential applicants which would disclose 79 personal identifying information of an applicant or potential 80 applicant be made exempt from s. 286.011, Florida Statutes, and 81 s. 24(b), Article I of the State Constitution. The task of 82 filling the position of president, provost, or dean of a state 83 university or Florida College System institution is often 84 conducted by an executive search committee. Many, if not most, 85 applicants for such a position are currently employed at another 86 job at the time they apply and could jeopardize their current 87 positions if it were to become known that they were seeking 88 employment elsewhere. These exemptions from public records and 89 public meeting requirements are needed to ensure that the search 90 committee can avail itself of the most experienced and desirable 91 pool of qualified applicants from which to fill the position of 92 president, provost, or dean of a state university or Florida 93 College System institution. If potential applicants fear the 94 possibility of losing their current employment as a consequence 95 of attempting to progress along their chosen career path or 96 simply seeking different and more rewarding employment, failure 97 to have these safeguards in place could have a chilling effect 98 on the number and quality of applicants available to fill the 99 position of president, provost, or dean of a state university or 100 Florida College System institution. 101 Section 3. This act shall take effect October 1, 2014.