Florida Senate - 2012                          SENATOR AMENDMENT
       Bill No. SB 878
                                Barcode 451504                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                Floor: 1/AD/2R         .                                
             02/28/2012 09:35 AM       .                                

       Senator Benacquisto moved the following:
    1         Senate Amendment (with title amendment)
    3         Delete lines 13 - 30
    4  and insert:
    5         1012.81 Personnel records.—
    6         (1)Rules of The State Board of Education shall adopt rules
    7  prescribing prescribe the content and custody of limited-access
    8  records that which a Florida College System institution may
    9  maintain on its employees. Such records shall be limited to
   10  information reflecting evaluations of employee performance and
   11  shall be open to inspection only by the employee and by
   12  officials of the college who are responsible for supervision of
   13  the employee. Such Limited-access employee records are
   14  confidential and exempt from the provisions of s. 119.07(1).
   15  Limited-access records include only the following:
   16         (a) Records containing information reflecting academic
   17  evaluations of employee performance; however, the employee and
   18  officials of the institution responsible for supervision of the
   19  employee shall have access to such records.
   20         (b) Records maintained for the purposes of any
   21  investigation of employee misconduct, including, but not limited
   22  to, a complaint against an employee and all information obtained
   23  pursuant to the investigation of such complaint; however, these
   24  records become public after the investigation ceases to be
   25  active or when the institution provides written notice to the
   26  employee who is the subject of the complaint that the
   27  institution has either:
   28         1. Concluded the investigation with a finding not to
   29  proceed with disciplinary action;
   30         2. Concluded the investigation with a finding to proceed
   31  with disciplinary action; or
   32         3. Issued a letter of discipline.
   34  For the purpose of this paragraph, an investigation shall be
   35  considered active as long as it is continuing with a reasonable,
   36  good faith anticipation that a finding will be made in the
   37  foreseeable future. An investigation shall be presumed to be
   38  inactive if no finding is made within 90 days after the
   39  complaint is filed.
   40         (c) Records maintained for the purposes of any disciplinary
   41  proceeding brought against an employee; however, these records
   42  shall be open to inspection by the employee and shall become
   43  public after a final decision is made in the proceeding.
   44         (d) Records maintained for the purposes of any grievance
   45  proceeding brought by an employee for enforcement of a
   46  collective bargaining agreement or contract; however, these
   47  records shall be open to inspection by the employee and by
   48  officials of the institution conducting the grievance proceeding
   49  and shall become public after a final decision is made in the
   50  proceeding.
   51         (2) Except as required for use by the president in the
   52  discharge of his or her official responsibilities, the custodian
   53  of limited-access employee records may release information from
   54  such records only upon authorization in writing from the
   55  employee or the president or upon order of a court of competent
   56  jurisdiction.
   58  ================= T I T L E  A M E N D M E N T ================
   59         And the title is amended as follows:
   60         Delete lines 2 - 6
   61  and insert:
   62         An act relating to Florida College System personnel
   63         records; amending s. 1012.81, F.S.; specifying records
   64         that constitute limited-access records;