ENROLLED
       2022 Legislature                    CS for SB 520, 1st Engrossed
       
       
       
       
       
       
                                                              2022520er
    1  
    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         1004.098Applicants 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.