Florida Senate - 2015                              CS for SB 182
       
       
        
       By the Committee on Higher Education; and Senator Hays
       
       
       
       
       
       589-01633A-15                                          2015182c1
    1                        A bill to be entitled                      
    2         An act relating to public records and meetings;
    3         creating s. 1004.097, F.S.; providing an exemption
    4         from public records requirements for any personal
    5         identifying information, including the name, of an
    6         applicant for president, provost, or dean of a state
    7         university or Florida College System institution;
    8         providing an exemption from public meeting
    9         requirements for any portion of a meeting held for the
   10         purpose of identifying or vetting applicants for
   11         president, provost, or dean of a state university or
   12         Florida College System institution; providing an
   13         exception for any portion of a meeting held for the
   14         purpose of establishing the qualifications of, or any
   15         compensation framework to be offered to, potential
   16         applicants; providing applicability; requiring
   17         reasonable notice of meetings; requiring release of
   18         the names of specified applicants within a certain
   19         timeframe; providing for future legislative review and
   20         repeal of the exemptions; providing a statement of
   21         public 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 or Florida College System
   29  institutions; public records exemption; public meetings
   30  exemption.—
   31         (1) Any personal identifying information, including, but
   32  not limited to, the name, of an applicant for president,
   33  provost, or dean of a state university or Florida College System
   34  institution is confidential and exempt from s. 119.07(1) and s.
   35  24(a), Art. I of the State Constitution.
   36         (2) Any portion of a meeting held for the purpose of
   37  identifying or vetting applicants for president, provost, or
   38  dean of a state university or Florida College System institution
   39  is exempt from s. 286.011 and s. 24(b), Art. I of the State
   40  Constitution. This exemption does not apply to a meeting held
   41  for the purpose of establishing the qualifications of potential
   42  applicants or any compensation framework to be offered to
   43  potential applicants. However, any portion of such a meeting
   44  that would disclose personal identifying information of an
   45  applicant or potential applicant is exempt from s. 286.011 and
   46  s. 24(b), Art. I of the State Constitution. Notwithstanding this
   47  subsection, any portion of a meeting must be reasonably noticed.
   48         (3) Any meeting or interview held after a final group of
   49  applicants has been established for the purpose of making a
   50  final selection to fill the position of president, provost, or
   51  dean of a state university or Florida College System institution
   52  is subject to s. 286.011 and s. 24(b), Art. I of the State
   53  Constitution.
   54         (4) The names of those included in the final group of
   55  applicants pursuant to subsection (3) must be released by the
   56  state university or Florida College System institution no later
   57  than 10 days before the date of the meeting at which a final
   58  action or vote is to be taken on the employment of the
   59  applicants.
   60         (5) Any personal identifying information of those included
   61  in the final group of applicants pursuant to subsection (3)
   62  becomes subject to s. 119.07(1) and s. 24(a), Art. I of the
   63  State Constitution when the names of such applicants are
   64  released pursuant to subsection (4).
   65         (6) This section is subject to the Open Government Sunset
   66  Review Act in accordance with s. 119.15 and shall stand repealed
   67  on October 2, 2020, unless reviewed and saved from repeal
   68  through reenactment by the Legislature.
   69         Section 2. The Legislature finds that it is a public
   70  necessity that any personal identifying information, including
   71  the name, of an applicant for president, provost, or dean of a
   72  state university or Florida College System institution be made
   73  confidential and exempt from s. 119.07(1), Florida Statutes, and
   74  s. 24(a), Article I of the State Constitution. The Legislature
   75  also finds that any portion of any meeting held for the purpose
   76  of identifying or vetting applicants for president, provost, or
   77  dean of a state university or Florida College System institution
   78  and any portion of a meeting held for the purpose of
   79  establishing qualifications of, or any compensation framework to
   80  be offered to, such potential applicants which would disclose
   81  personal identifying information of an applicant or potential
   82  applicant be made exempt from s. 286.011, Florida Statutes, and
   83  s. 24(b), Article I of the State Constitution. The task of
   84  filling the position of president, provost, or dean of a state
   85  university or Florida College System institution is often
   86  conducted by an executive search committee. Many, if not most,
   87  applicants for such a position are currently employed at another
   88  job at the time they apply and disclosure of their applications
   89  could jeopardize their current positions. These exemptions from
   90  public records and public meeting requirements are needed to
   91  ensure that the executive search committee can avail itself of
   92  the most experienced and desirable pool of qualified applicants
   93  from which to fill the position of president, provost, or dean
   94  of a state university or Florida College System institution. If
   95  potential applicants fear the possibility of losing their
   96  current employment as a consequence of attempting to progress
   97  along their chosen career path or seeking different and more
   98  rewarding employment, failure to have these exemptions in place
   99  could have a chilling effect on the number and quality of
  100  applicants available to fill the position of president, provost,
  101  or dean of a state university or Florida College System
  102  institution.
  103         Section 3. This act shall take effect October 1, 2015.