ENROLLED 2012 Legislature SB 878, 1st Engrossed 2012878er 1 2 An act relating to Florida College System personnel 3 records; amending s. 1012.81, F.S.; specifying records 4 that constitute limited-access records; providing an 5 effective date. 6 7 Be It Enacted by the Legislature of the State of Florida: 8 9 Section 1. Section 1012.81, Florida Statutes, is amended to 10 read: 11 1012.81 Personnel records.— 12 (1)
Rules ofThe State Board of Education shall adopt rules 13 prescribing prescribethe content and custody of limited-access 14 records that whicha Florida College System institution may 15 maintain on its employees. Such records shall be limited to16 information reflecting evaluations of employee performance and17 shall be open to inspection only by the employee and by18 officials of the college who are responsible for supervision of19 the employee. SuchLimited-access employee records are 20 confidential and exempt from the provisions of s. 119.07(1). 21 Limited-access records include only the following: 22 (a) Records containing information reflecting academic 23 evaluations of employee performance; however, the employee and 24 officials of the institution responsible for supervision of the 25 employee shall have access to such records. 26 (b) Records maintained for the purposes of any 27 investigation of employee misconduct, including, but not limited 28 to, a complaint against an employee and all information obtained 29 pursuant to the investigation of such complaint; however, these 30 records become public after the investigation ceases to be 31 active or when the institution provides written notice to the 32 employee who is the subject of the complaint that the 33 institution has either: 34 1. Concluded the investigation with a finding not to 35 proceed with disciplinary action; 36 2. Concluded the investigation with a finding to proceed 37 with disciplinary action; or 38 3. Issued a letter of discipline. 39 40 For the purpose of this paragraph, an investigation shall be 41 considered active as long as it is continuing with a reasonable, 42 good faith anticipation that a finding will be made in the 43 foreseeable future. An investigation shall be presumed to be 44 inactive if no finding is made within 90 days after the 45 complaint is filed. 46 (c) Records maintained for the purposes of any disciplinary 47 proceeding brought against an employee; however, these records 48 shall be open to inspection by the employee and shall become 49 public after a final decision is made in the proceeding. 50 (d) Records maintained for the purposes of any grievance 51 proceeding brought by an employee for enforcement of a 52 collective bargaining agreement or contract; however, these 53 records shall be open to inspection by the employee and by 54 officials of the institution conducting the grievance proceeding 55 and shall become public after a final decision is made in the 56 proceeding. 57 (2) Except as required for use by the president in the 58 discharge of his or her official responsibilities, the custodian 59 of limited-access employee records may release information from 60 such records only upon authorization in writing from the 61 employee or the president or upon order of a court of competent 62 jurisdiction. 63 Section 2. This act shall take effect July 1, 2012.