Florida Senate - 2021                              CS for SB 220
       
       
        
       By the Committee on Governmental Oversight and Accountability;
       and Senators Brandes and Rodrigues
       
       
       
       
       585-02179-21                                           2021220c1
    1                        A bill to be entitled                      
    2         An act relating to public records and public 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 a Florida College System
    7         institution held by a state university or a Florida
    8         College System institution; specifying when the
    9         personal identifying information of applicants who are
   10         in the final group of applicants is no longer
   11         confidential and exempt; providing an exemption from
   12         public meeting requirements for any portion of a
   13         meeting held for the purpose of identifying or vetting
   14         applicants for president of a state university or a
   15         Florida College System institution, including any
   16         portion of a meeting which would disclose certain
   17         personal identifying information of such applicants;
   18         requiring that a recording be made of any portion of a
   19         closed meeting which would disclose personal
   20         identifying information of such applicants; providing
   21         that no portion of a closed meeting may be held off
   22         the record; providing that the recording of any closed
   23         portion of a meeting is exempt from public records
   24         requirements; specifying that certain meetings are not
   25         exempt from public meeting requirements; providing for
   26         future legislative review and repeal of the
   27         exemptions; providing a statement of public necessity;
   28         providing an effective date.
   29          
   30  Be It Enacted by the Legislature of the State of Florida:
   31  
   32         Section 1. Section 1004.098, Florida Statutes, is created
   33  to read:
   34         1004.098Applicants for president of a state university or
   35  Florida College System institution; public records exemption;
   36  public meetings exemption.
   37         (1)(a)Any personal identifying information of an applicant
   38  for president of a state university or a Florida College System
   39  institution held by a state university or a Florida College
   40  System institution is confidential and exempt from s. 119.07(1)
   41  and s. 24(a), Art. I of the State Constitution.
   42         (b)Notwithstanding paragraph (a), the personal identifying
   43  information of an applicant included in the final group of
   44  applicants for president of a state university or a Florida
   45  College System institution is no longer confidential and exempt
   46  from s. 119.07(1) and s. 24(a), Art. I of the State Constitution
   47  beginning at the earlier of the date the final group of
   48  applicants to be considered for president is established or 21
   49  days before the date of a meeting at which an interview of an
   50  applicant will be conducted or at which final action or a vote
   51  is to be taken on the offer of the employment of an applicant as
   52  president.
   53         (2)(a)Any portion of a meeting held for the purpose of
   54  identifying or vetting applicants for president of a state
   55  university or a Florida College System institution, including
   56  any portion of a meeting which would disclose personal
   57  identifying information of such applicants which is otherwise
   58  confidential and exempt under subsection (1), is exempt from s.
   59  286.011 and s. 24(b), Art. I of the State Constitution.
   60         (b)A complete recording must be made of any portion of a
   61  meeting which is closed pursuant to paragraph (a), and any
   62  closed portion of such meeting may not be held off the record.
   63  The recording of the closed portion of a meeting is exempt from
   64  s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
   65         (c)The public meeting exemption provided in paragraph (a)
   66  does not apply to:
   67         1.Any portion of a meeting held for the purpose of
   68  establishing qualifications for the position or establishing any
   69  compensation framework to be offered to an applicant for
   70  president of a state university or a Florida College System
   71  institution.
   72         2.Any meeting that is held after a final group of
   73  applicants for president of a state university or a Florida
   74  College System institution has been established.
   75         (3)This section is subject to the Open Government Sunset
   76  Review Act in accordance with s. 119.15 and shall stand repealed
   77  on October 2, 2026, unless reviewed and saved from repeal
   78  through reenactment by the Legislature.
   79         Section 2. The Legislature finds that it is a public
   80  necessity that any personal identifying information of an
   81  applicant for president of a state university or a Florida
   82  College System institution held by a state university or a
   83  Florida College System institution be made confidential and
   84  exempt from s. 119.07(1), Florida Statutes, and s. 24(a),
   85  Article I of the State Constitution. The Legislature also finds
   86  that it is a public necessity that any portion of a meeting held
   87  for the purpose of identifying or vetting applicants for
   88  president of a state university or a Florida College System
   89  institution, including any portion of a meeting which would
   90  disclose personal identifying information of such applicants, be
   91  made exempt from s. 286.011, Florida Statutes, and s. 24(b),
   92  Article I of the State Constitution, and that the recording of
   93  such meeting be made exempt from s. 119.07(1), Florida Statutes,
   94  and s. 24(a), Article I of the State Constitution. The task of
   95  filling the position of president of a state university or a
   96  Florida College System institution is often conducted by an
   97  executive search committee. Many, if not most, applicants for
   98  such a position are currently employed at another job at the
   99  time they apply and could jeopardize their current positions if
  100  it were to become known that they were seeking employment
  101  elsewhere. These exemptions from public records and public
  102  meeting requirements are needed to ensure that such a search
  103  committee can avail itself of the most experienced and desirable
  104  pool of qualified applicants from which to fill the position of
  105  president of a state university or a Florida College System
  106  institution. If potential applicants fear the possibility of
  107  losing their current jobs as a consequence of attempting to
  108  progress along their chosen career path or simply seeking
  109  different and more rewarding employment, failure to have these
  110  safeguards in place could have a chilling effect on the number
  111  and quality of applicants available to fill the position of
  112  president of a state university or a Florida College System
  113  institution.
  114         Section 3. This act shall take effect July 1, 2021.