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         1012.9931Interstate 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.