Florida Senate - 2020 COMMITTEE AMENDMENT Bill No. SB 774 Ì458574JÎ458574 LEGISLATIVE ACTION Senate . House Comm: RCS . 02/17/2020 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Governmental Oversight and Accountability (Diaz) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Section 1004.098, Florida Statutes, is created 6 to read: 7 1004.098 Applicants for president of a state university or 8 Florida College System institution; public records exemption; 9 public meetings exemption.— 10 (1)(a) Any personal identifying information of an applicant 11 for president of a state university or Florida College System 12 institution is confidential and exempt from s. 119.07(1) and s. 13 24(a), Art. I of the State Constitution. 14 (b) The personal identifying information of an applicant 15 included in a final group of applicants for president of a state 16 university or Florida College System institution is no longer 17 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I 18 of the State Constitution at least 21 days before the date of a 19 meeting at which an interview of an applicant will be conducted 20 or at which final action or a vote is to be taken on the offer 21 of the employment of an applicant as president. 22 (2)(a) Any portion of a meeting held for the purpose of 23 identifying or vetting applicants for president of a state 24 university or Florida College System institution, including any 25 portion of a meeting that would disclose personal identifying 26 information of such applicants, is exempt from s. 286.011 and s. 27 24(b), Art. I of the State Constitution. 28 (b) A complete recording must be made of any portion of a 29 meeting that is closed pursuant to paragraph (a), and any closed 30 portion of such meeting may not be held off the record. The 31 recording of the closed portion of a meeting is exempt from s. 32 119.07(1) and s. 24(a), Art. I of the State Constitution. 33 (c) The public meeting exemption provided in paragraph (a) 34 does not apply to: 35 1. Any portion of a meeting held for the purpose of 36 establishing qualifications for the position or establishing any 37 compensation framework to be offered to an applicant for 38 president of a state university or Florida College System 39 institution. 40 2. Any meeting held after a final group of applicants for 41 president of a state university or Florida College System 42 institution has been established at which an interview of an 43 applicant is conducted or at which final action or a vote is to 44 be taken on the offer of the employment of an applicant as 45 president. 46 (3) This section is subject to the Open Government Sunset 47 Review Act in accordance with s. 119.15 and shall stand repealed 48 on October 2, 2025, unless reviewed and saved from repeal 49 through reenactment by the Legislature. 50 Section 2. The Legislature finds that it is a public 51 necessity that any personal identifying information of an 52 applicant for president of a state university or Florida College 53 System institution be made confidential and exempt from s. 54 119.07(1), Florida Statutes, and s. 24(a), Art. I of the State 55 Constitution. The Legislature also finds that it is a public 56 necessity that any portion of a meeting held for the purpose of 57 identifying or vetting applicants for president of a state 58 university or Florida College System institution, including any 59 portion of a meeting that would disclose personal identifying 60 information of such applicants, be made exempt from s. 286.011, 61 Florida Statutes, and s. 24(b), Art. I of the State 62 Constitution, and that the recording of such meeting be made 63 exempt from s. 119.07(1), Florida Statutes, and s. 24(a), Art. I 64 of the State Constitution. The task of filling the position of 65 president of a state university or Florida College System 66 institution is often conducted by an executive search committee. 67 Many, if not most, applicants for such a position are currently 68 employed at another job at the time they apply and could 69 jeopardize their current positions if it were to become known 70 that they were seeking employment elsewhere. These exemptions 71 from public records and public meeting requirements are needed 72 to ensure that such a search committee can avail itself of the 73 most experienced and desirable pool of qualified applicants from 74 which to fill the position of president of a state university or 75 Florida College System institution. If potential applicants fear 76 the possibility of losing their current jobs as a consequence of 77 attempting to progress along their chosen career path or simply 78 seeking different and more rewarding employment, failure to have 79 these safeguards in place could have a chilling effect on the 80 number and quality of applicants available to fill the position 81 of president of a state university or Florida College System 82 institution. 83 Section 3. This act shall take effect July 1, 2020. 84 85 86 ================= T I T L E A M E N D M E N T ================ 87 And the title is amended as follows: 88 Delete everything before the enacting clause 89 and insert: 90 An act relating to public records and public meetings; creating 91 s. 1004.098, F.S.; providing an exemption from public records 92 requirements for any personal identifying information of an 93 applicant for president of a state university or Florida College 94 System institution; specifying that personal identifying 95 information of applicants who comprise a final group of 96 applicants is no longer confidential and exempt at a time 97 certain; providing an exemption from public meeting requirements 98 for any portion of a meeting held for the purpose of identifying 99 or vetting applicants for president of a state university or 100 Florida College System institution, including any portion of a 101 meeting that would disclose identifying information of such 102 applicants; requiring a recording to be made of any portion of a 103 closed meeting and providing that no portion of a closed meeting 104 may be held off the record; providing that the recording of any 105 closed portion of a meeting is exempt from public record 106 requirements; specifying that certain meetings are not exempt 107 from public meeting requirements; providing for future 108 legislative review and repeal of the exemptions; providing a 109 statement of public necessity; providing an effective date