CS for SB 520 First Engrossed 2022520e1 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 age, 9 race, and gender of all qualified applicants 10 considered and the personal identifying information of 11 applicants who are in the final group of applicants 12 are no longer confidential and exempt; providing an 13 exemption from public meetings requirements for any 14 portion of a meeting held for the purpose of 15 identifying or vetting applicants for president of a 16 state university or a Florida College System 17 institution, including any portion of a meeting which 18 would disclose certain personal identifying 19 information of such applicants; requiring that a 20 recording be made of any portion of a closed meeting 21 which would disclose personal identifying information 22 of such applicants; providing that no portion of a 23 closed meeting may be held off the record; providing 24 that the recording of any closed portion of a meeting 25 is exempt from public records requirements; specifying 26 that certain meetings are not exempt from public 27 meeting requirements; providing for future legislative 28 review and repeal of the exemptions; providing a 29 statement of public necessity; providing an effective 30 date. 31 32 Be It Enacted by the Legislature of the State of Florida: 33 34 Section 1. Section 1004.098, Florida Statutes, is created 35 to read: 36 1004.098 Applicants for president of a state university or 37 Florida College System institution; public records exemption; 38 public meetings exemption.— 39 (1)(a) Any personal identifying information of an applicant 40 for president of a state university or a Florida College System 41 institution held by a state university or a Florida College 42 System institution is confidential and exempt from s. 119.07(1) 43 and s. 24(a), Art. I of the State Constitution. 44 (b) Notwithstanding paragraph (a), the age, race, and 45 gender of all applicants who met the minimum qualifications 46 established for the position by a state university or Florida 47 College System institution who were considered and the personal 48 identifying information of an applicant included in the final 49 group of applicants for president of a state university or a 50 Florida College System institution are no longer confidential 51 and exempt from s. 119.07(1) and s. 24(a), Art. I of the State 52 Constitution beginning at the earlier of the date the final 53 group of applicants to be considered for president is 54 established or 21 days before the date of a meeting at which an 55 interview of an applicant will be conducted or at which final 56 action or a vote is to be taken on the offer of the employment 57 of an applicant as president. 58 (2)(a) Any portion of a meeting held for the purpose of 59 identifying or vetting applicants for president of a state 60 university or a Florida College System institution, including 61 any portion of a meeting which would disclose personal 62 identifying information of such applicants which is otherwise 63 confidential and exempt under subsection (1), is exempt from s. 64 286.011 and s. 24(b), Art. I of the State Constitution. 65 (b) A complete recording must be made of any portion of a 66 meeting which is closed pursuant to paragraph (a), and any 67 closed portion of such meeting may not be held off the record. 68 The recording of the closed portion of a meeting is exempt from 69 s. 119.07(1) and s. 24(a), Art. I of the State Constitution. 70 (c) The exemption provided in paragraph (a) does not apply 71 to: 72 1. Any portion of a meeting held for the purpose of 73 establishing qualifications for the position or establishing any 74 compensation framework to be offered to an applicant for 75 president of a state university or a Florida College System 76 institution. 77 2. Any meeting that is held after a final group of 78 applicants for president of a state university or a Florida 79 College System institution has been established. 80 (3) This section is subject to the Open Government Sunset 81 Review Act in accordance with s. 119.15 and shall stand repealed 82 on October 2, 2027, unless reviewed and saved from repeal 83 through reenactment by the Legislature. 84 Section 2. The Legislature finds that it is a public 85 necessity that any personal identifying information of an 86 applicant for president of a state university or a Florida 87 College System institution held by a state university or a 88 Florida College System institution be made confidential and 89 exempt from s. 119.07(1), Florida Statutes, and s. 24(a), 90 Article I of the State Constitution. The Legislature also finds 91 that it is a public necessity that any portion of a meeting held 92 for the purpose of identifying or vetting applicants for 93 president of a state university or a Florida College System 94 institution, including any portion of a meeting which would 95 disclose personal identifying information of such applicants, be 96 made exempt from s. 286.011, Florida Statutes, and s. 24(b), 97 Article I of the State Constitution, and that the recording of 98 such meeting be made exempt from s. 119.07(1), Florida Statutes, 99 and s. 24(a), Article I of the State Constitution. The task of 100 filling the position of president of a state university or a 101 Florida College System institution is often conducted by an 102 executive search committee. Many, if not most, applicants for 103 such a position are currently employed at another job at the 104 time they apply and could jeopardize their current positions if 105 it were to become known that they were seeking employment 106 elsewhere. These exemptions from public records and public 107 meetings requirements are needed to ensure that a search 108 committee can avail itself of a pool of the most experienced and 109 qualified applicants from which to fill the position. If 110 potential applicants fear the possibility of losing their 111 current jobs as a consequence of attempting to progress along 112 their chosen career path or simply seeking different and more 113 rewarding employment, failure to have these safeguards in place 114 could have a chilling effect on the number and quality of 115 applicants available to fill the position of president of a 116 state university or a Florida College System institution. 117 Section 3. This act shall take effect upon becoming a law.