Bill Text: FL S0728 | 2014 | Regular Session | Introduced


Bill Title: Public Records and Public Meetings/Postsecondary Education Executive Search

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2014-05-02 - Died in Education [S0728 Detail]

Download: Florida-2014-S0728-Introduced.html
       Florida Senate - 2014                                     SB 728
       
       
        
       By Senator Hays
       
       
       
       
       
       11-00966-14                                            2014728__
    1                        A bill to be entitled                      
    2         An act relating to public records and public meetings;
    3         creating s. 1004.097, F.S.; providing an exemption
    4         from public records requirements for any personal
    5         identifying information of an applicant for president,
    6         provost, or dean of a state university or Florida
    7         College System institution; providing an exemption
    8         from public meeting requirements for any meeting held
    9         for the purpose of identifying or vetting applicants
   10         for president, provost, or dean of a state university
   11         or Florida College System institution and for any
   12         portion of a meeting held for the purpose of
   13         establishing qualifications of, or any compensation
   14         framework to be offered to, such potential applicants
   15         that would disclose personal identifying information
   16         of an applicant or potential applicant; providing for
   17         applicability; requiring release of the names of
   18         specified applicants within a certain timeframe;
   19         providing for future legislative review and repeal of
   20         the exemptions; providing a statement of public
   21         necessity; providing an effective date.
   22          
   23  Be It Enacted by the Legislature of the State of Florida:
   24  
   25         Section 1. Section 1004.097, Florida Statutes, is created
   26  to read:
   27         1004.097 Information identifying applicants for president,
   28  provost, or dean at state universities and Florida College
   29  System institutions; public records exemption; public meeting
   30  exemption.
   31         (1) Any personal identifying information of an applicant
   32  for president, provost, or dean of a state university or Florida
   33  College System institution is confidential and exempt from s.
   34  119.07(1) and s. 24(a), Art. I of the State Constitution.
   35         (2) Any meeting held for the purpose of identifying or
   36  vetting applicants for president, provost, or dean of a state
   37  university or Florida College System institution is exempt from
   38  s. 286.011 and s. 24(b), Art. I of the State Constitution. This
   39  exemption does not apply to a meeting held for the purpose of
   40  establishing qualifications of potential applicants or any
   41  compensation framework to be offered to potential applicants.
   42  However, any portion of such a meeting that would disclose
   43  personal identifying information of an applicant or potential
   44  applicant is exempt from s. 286.011 and s. 24(b), Art. I of the
   45  State Constitution.
   46         (3) Any meeting or interview held after a final group of
   47  applicants has been established and held for the purpose of
   48  making a final selection to fill the position of president,
   49  provost, or dean of a state university or Florida College System
   50  institution is subject to the provisions of s. 286.011 and s.
   51  24(b), Art. I of the State Constitution.
   52         (4) The names of applicants who comprise a final group of
   53  applicants pursuant to subsection (3) must be released by the
   54  state university or Florida College System institution no later
   55  than 21 days before the date of the meeting at which final
   56  action or vote is to be taken on the employment of the
   57  applicants.
   58         (5) Any personal identifying information of applicants who
   59  comprise a final group of applicants pursuant to subsection (3)
   60  becomes subject to the provisions of s. 119.07(1) and s. 24(a),
   61  Art. I of the State Constitution at the time the names of such
   62  applicants are released pursuant to subsection (4).
   63         (6) This section is subject to the Open Government Sunset
   64  Review Act in accordance with s. 119.15 and shall stand repealed
   65  on October 2, 2019, unless reviewed and saved from repeal
   66  through reenactment by the Legislature.
   67         Section 2. The Legislature finds that it is a public
   68  necessity that any personal identifying information of an
   69  applicant for president, provost, or dean of a state university
   70  or Florida College System institution be made confidential and
   71  exempt from s. 119.07(1), Florida Statutes, and s. 24(a),
   72  Article I of the State Constitution. It is also the finding of
   73  the Legislature that any meeting held for the purpose of
   74  identifying or vetting applicants for president, provost, or
   75  dean of a state university or Florida College System institution
   76  and any portion of a meeting held for the purpose of
   77  establishing qualifications of, or any compensation framework to
   78  be offered to, such potential applicants which would disclose
   79  personal identifying information of an applicant or potential
   80  applicant be made exempt from s. 286.011, Florida Statutes, and
   81  s. 24(b), Article I of the State Constitution. The task of
   82  filling the position of president, provost, or dean of a state
   83  university or Florida College System institution is often
   84  conducted by an executive search committee. Many, if not most,
   85  applicants for such a position are currently employed at another
   86  job at the time they apply and could jeopardize their current
   87  positions if it were to become known that they were seeking
   88  employment elsewhere. These exemptions from public records and
   89  public meeting requirements are needed to ensure that the search
   90  committee can avail itself of the most experienced and desirable
   91  pool of qualified applicants from which to fill the position of
   92  president, provost, or dean of a state university or Florida
   93  College System institution. If potential applicants fear the
   94  possibility of losing their current employment as a consequence
   95  of attempting to progress along their chosen career path or
   96  simply seeking different and more rewarding employment, failure
   97  to have these safeguards in place could have a chilling effect
   98  on the number and quality of applicants available to fill the
   99  position of president, provost, or dean of a state university or
  100  Florida College System institution.
  101         Section 3. This act shall take effect October 1, 2014.

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