Florida Senate - 2023 SB 1448 By Senator Wright 8-02214-23 20231448__ 1 A bill to be entitled 2 An act relating to public records and meetings; 3 creating s. 1012.9931, F.S.; providing an exemption 4 from public meetings requirements for certain portions 5 of meetings of the Interstate Teacher Mobility Compact 6 Commission and its executive committee; providing an 7 exemption from public records requirements for 8 recordings, minutes, and records generated during 9 exempt portions of such meetings and for certain files 10 and information relating to specified investigations; 11 providing for future legislative review and repeal of 12 the exemptions; providing statements of public 13 necessity; providing a contingent effective date. 14 15 Be It Enacted by the Legislature of the State of Florida: 16 17 Section 1. Section 1012.9931, Florida Statutes, is created 18 to read: 19 1012.9931 Interstate Teacher Mobility Compact Commission; 20 public meetings and public records exemptions.— 21 (1) Any portion of a meeting of the Interstate Teacher 22 Mobility Compact Commission or its executive committee in which 23 any of the following information is discussed is exempt from s. 24 286.011 and s. 24(b), Art. I of the State Constitution: 25 (a) Noncompliance of a member state with its obligations 26 under the compact; 27 (b) The employment, compensation, discipline, or other 28 matters, practices, or procedures related to specific employees 29 or other matters related to the commission’s internal personnel 30 practices and procedures; 31 (c) Current, threatened, or reasonably anticipated 32 litigation; 33 (d) Negotiation of contracts for the purchase, lease, or 34 sale of goods, services, or real estate; 35 (e) Accusing any person of a crime or formally censuring 36 any person; 37 (f) Trade secrets or commercial or financial information 38 that is privileged or confidential; 39 (g) Information of a personal nature if disclosure would 40 constitute a clearly unwarranted invasion of personal privacy; 41 (h) Investigative records compiled for law enforcement 42 purposes; 43 (i) Information relating to any investigative reports 44 prepared by or on behalf of or for use by the commission or 45 executive committee when investigating or determining compliance 46 with the compact; 47 (j) Matters specifically exempted from disclosure by 48 federal or state practice laws; or 49 (k) Other matters as set forth by the commission’s bylaws 50 and rules. 51 (2) Recordings, minutes, and records generated during any 52 portion of an exempt meeting are exempt from s. 119.07(1) and s. 53 24(a), Art. I of the State Constitution. 54 (3) Files and information regarding an investigation and 55 discipline of teachers in other member states are exempt from s. 56 119.07(1) and s. 24(a), Art. I of the State Constitution to 57 protect and maintain the security and confidentiality thereof in 58 at least the same manner that the member state maintains its own 59 investigatory or disciplinary files and information. Prior to 60 disclosing any disciplinary or investigatory information 61 received from another member state, the disclosing state shall 62 communicate its intention and purpose for such disclosure to the 63 member state that originally provided that information. 64 (4) This section is subject to the Open Government Sunset 65 Review Act in accordance with s. 119.15 and shall stand repealed 66 on October 2, 2028, unless reviewed and saved from repeal 67 through reenactment by the Legislature. 68 Section 2. (1) The Legislature finds that it is a public 69 necessity that any portion of a meeting of the Interstate 70 Teacher Mobility Compact Commission or its executive committee 71 in which any information in s. 1012.9931(1), Florida Statutes, 72 is discussed be made exempt from s. 286.011, Florida Statutes, 73 and s. 24(b), Article I of the State Constitution. 74 (2) The Interstate Teacher Mobility Compact requires that 75 any portion of a meeting in which any information in s. 76 1012.9931(1), Florida Statutes, is discussed be closed to the 77 public. In the absence of a public meetings exemption, this 78 state would be prohibited from becoming a member state of the 79 compact. Thus, this state would be unable to effectively and 80 efficiently administer the compact. 81 (3) The Interstate Teacher Mobility Compact requires that 82 files and information regarding an investigation and discipline 83 of teachers in other member states be protected and that the 84 security and confidentiality of such files and information be 85 maintained. In the absence of a public records exemption, this 86 state would be prohibited from becoming a member state of the 87 compact. Thus, this state would be unable to effectively and 88 efficiently administer the compact. 89 (4) The Legislature finds that it is a public necessity 90 that the recordings, minutes, and records generated during any 91 portion of a meeting in which any information in s. 92 1012.9931(1), Florida Statutes, is discussed be made exempt from 93 s. 119.07(1), Florida Statutes, and s. 24(a), Article I of the 94 State Constitution. Release of such information would negate the 95 public meetings exemption. As such, the Legislature finds that 96 the public records exemption is a public necessity. 97 Section 3. This act shall take effect on the same date that 98 SB ____ or similar legislation takes effect, if such legislation 99 is adopted in the same legislative session or an extension 100 thereof and becomes a law.