Florida Senate - 2020                                     SB 774
       
       
        
       By Senator Diaz
       
       
       
       
       
       36-00599A-20                                           2020774__
    1                        A bill to be entitled                      
    2         An act relating to public records and meetings;
    3         creating s. 1004.098, F.S.; providing an exemption
    4         from public records requirements for any personal
    5         identifying information of an applicant for president
    6         of a state university or Florida College System
    7         institution; providing an exemption from public
    8         meeting requirements for any meeting held for the
    9         purpose of identifying or vetting applicants for
   10         president of a state university or Florida College
   11         System institution and for any portion of a meeting
   12         held for the purpose of establishing qualifications
   13         of, or any compensation framework to be offered to,
   14         such potential applicants which would disclose
   15         personal identifying information of an applicant or
   16         potential applicant; providing applicability;
   17         requiring release of the names of specified applicants
   18         within a certain timeframe; providing for future
   19         legislative review and repeal of the exemptions;
   20         providing a statement of public necessity; providing
   21         an effective date.
   22          
   23  Be It Enacted by the Legislature of the State of Florida:
   24  
   25         Section 1. Section 1004.098, Florida Statutes, is created
   26  to read:
   27         1004.098Information identifying applicants for president
   28  at state universities and Florida College System institutions;
   29  public records exemption; public meeting exemption.—
   30         (1)Any personal identifying information of an applicant
   31  for president of a state university or Florida College System
   32  institution is confidential and exempt from s. 119.07(1) and s.
   33  24(a), Art. I of the State Constitution.
   34         (2)Any meeting held for the purpose of identifying or
   35  vetting applicants for president of a state university or
   36  Florida College System institution is exempt from s. 286.011 and
   37  s. 24(b), Art. I of the State Constitution. This exemption does
   38  not apply to a meeting held for the purpose of establishing
   39  qualifications of potential applicants or any compensation
   40  framework to be offered to potential applicants. However, any
   41  portion of such a meeting which would disclose personal
   42  identifying information of an applicant or potential applicant
   43  is exempt from s. 286.011 and s. 24(b), Art. I of the State
   44  Constitution.
   45         (3)Any meeting or interview held after a final group of at
   46  least three applicants has been established which is conducted
   47  for the purpose of making a final selection to fill the position
   48  of president of a state university or Florida College System
   49  institution is subject to s. 286.011 and s. 24(b), Art. I of the
   50  State Constitution.
   51         (4)The names of the three or more applicants who comprise
   52  a final group of applicants pursuant to subsection (3) must be
   53  released by the state university or Florida College System
   54  institution no later than 21 days before the date of the meeting
   55  at which final action or voting is to occur on the employment of
   56  the applicants.
   57         (5)Any personal identifying information of the three or
   58  more applicants who comprise a final group of applicants
   59  pursuant to subsection (3) becomes subject to s. 119.07(1) and
   60  s. 24(a), Art. I of the State Constitution at the time the names
   61  of such applicants are released pursuant to subsection (4).
   62         (6)This section is subject to the Open Government Sunset
   63  Review Act in accordance with s. 119.15 and shall stand repealed
   64  on October 2, 2025, unless reviewed and saved from repeal
   65  through reenactment by the Legislature.
   66         Section 2. The Legislature finds that it is a public
   67  necessity that any personal identifying information of an
   68  applicant for president of a state university or Florida College
   69  System institution be made confidential and exempt from s.
   70  119.07(1), Florida Statutes, and s. 24(a), Article I of the
   71  State Constitution. The Legislature also finds that any meeting
   72  held for the purpose of identifying or vetting applicants for
   73  president of a state university or Florida College System
   74  institution and any portion of a meeting held for the purpose of
   75  establishing qualifications of, or any compensation framework to
   76  be offered to, such potential applicants which would disclose
   77  personal identifying information of an applicant or potential
   78  applicant be made exempt from s. 286.011, Florida Statutes, and
   79  s. 24(b), Article I of the State Constitution. The task of
   80  filling the position of president of a state university or
   81  Florida College System institution is often conducted by an
   82  executive search committee. Many, if not most, applicants for
   83  such a position are currently employed at another job at the
   84  time they apply, and their current positions could be
   85  jeopardized if it were to become known that they were seeking
   86  employment elsewhere. These exemptions from public records and
   87  public meeting requirements are needed to ensure that an
   88  executive search committee can avail itself of the most
   89  experienced and desirable pool of qualified applicants from
   90  which to fill the position of president of a state university or
   91  Florida College System institution. If potential applicants fear
   92  the possibility of losing their current jobs as a consequence of
   93  attempting to further their careers or simply seeking different
   94  and more rewarding employment, failure to have these safeguards
   95  in place could have a chilling effect on the number and quality
   96  of applicants available to fill the position of president of a
   97  state university or Florida College System institution.
   98         Section 3. This act shall take effect upon becoming a law.