Florida Senate - 2020 SB 774
By Senator Diaz
36-00599A-20 2020774__
1 A bill to be entitled
2 An act relating to public records and meetings;
3 creating s. 1004.098, F.S.; providing an exemption
4 from public records requirements for any personal
5 identifying information of an applicant for president
6 of a state university or Florida College System
7 institution; providing an exemption from public
8 meeting requirements for any meeting held for the
9 purpose of identifying or vetting applicants for
10 president of a state university or Florida College
11 System institution and for any portion of a meeting
12 held for the purpose of establishing qualifications
13 of, or any compensation framework to be offered to,
14 such potential applicants which would disclose
15 personal identifying information of an applicant or
16 potential applicant; providing applicability;
17 requiring release of the names of specified applicants
18 within a certain timeframe; providing for future
19 legislative review and repeal of the exemptions;
20 providing a statement of public necessity; providing
21 an effective date.
22
23 Be It Enacted by the Legislature of the State of Florida:
24
25 Section 1. Section 1004.098, Florida Statutes, is created
26 to read:
27 1004.098 Information identifying applicants for president
28 at state universities and Florida College System institutions;
29 public records exemption; public meeting exemption.—
30 (1) Any personal identifying information of an applicant
31 for president of a state university or Florida College System
32 institution is confidential and exempt from s. 119.07(1) and s.
33 24(a), Art. I of the State Constitution.
34 (2) Any meeting held for the purpose of identifying or
35 vetting applicants for president of a state university or
36 Florida College System institution is exempt from s. 286.011 and
37 s. 24(b), Art. I of the State Constitution. This exemption does
38 not apply to a meeting held for the purpose of establishing
39 qualifications of potential applicants or any compensation
40 framework to be offered to potential applicants. However, any
41 portion of such a meeting which would disclose personal
42 identifying information of an applicant or potential applicant
43 is exempt from s. 286.011 and s. 24(b), Art. I of the State
44 Constitution.
45 (3) Any meeting or interview held after a final group of at
46 least three applicants has been established which is conducted
47 for the purpose of making a final selection to fill the position
48 of president of a state university or Florida College System
49 institution is subject to s. 286.011 and s. 24(b), Art. I of the
50 State Constitution.
51 (4) The names of the three or more applicants who comprise
52 a final group of applicants pursuant to subsection (3) must be
53 released by the state university or Florida College System
54 institution no later than 21 days before the date of the meeting
55 at which final action or voting is to occur on the employment of
56 the applicants.
57 (5) Any personal identifying information of the three or
58 more applicants who comprise a final group of applicants
59 pursuant to subsection (3) becomes subject to s. 119.07(1) and
60 s. 24(a), Art. I of the State Constitution at the time the names
61 of such applicants are released pursuant to subsection (4).
62 (6) This section is subject to the Open Government Sunset
63 Review Act in accordance with s. 119.15 and shall stand repealed
64 on October 2, 2025, unless reviewed and saved from repeal
65 through reenactment by the Legislature.
66 Section 2. The Legislature finds that it is a public
67 necessity that any personal identifying information of an
68 applicant for president of a state university or Florida College
69 System institution be made confidential and exempt from s.
70 119.07(1), Florida Statutes, and s. 24(a), Article I of the
71 State Constitution. The Legislature also finds that any meeting
72 held for the purpose of identifying or vetting applicants for
73 president of a state university or Florida College System
74 institution and any portion of a meeting held for the purpose of
75 establishing qualifications of, or any compensation framework to
76 be offered to, such potential applicants which would disclose
77 personal identifying information of an applicant or potential
78 applicant be made exempt from s. 286.011, Florida Statutes, and
79 s. 24(b), Article I of the State Constitution. The task of
80 filling the position of president of a state university or
81 Florida College System institution is often conducted by an
82 executive search committee. Many, if not most, applicants for
83 such a position are currently employed at another job at the
84 time they apply, and their current positions could be
85 jeopardized if it were to become known that they were seeking
86 employment elsewhere. These exemptions from public records and
87 public meeting requirements are needed to ensure that an
88 executive search committee can avail itself of the most
89 experienced and desirable pool of qualified applicants from
90 which to fill the position of president of a state university or
91 Florida College System institution. If potential applicants fear
92 the possibility of losing their current jobs as a consequence of
93 attempting to further their careers or simply seeking different
94 and more rewarding employment, failure to have these safeguards
95 in place could have a chilling effect on the number and quality
96 of applicants available to fill the position of president of a
97 state university or Florida College System institution.
98 Section 3. This act shall take effect upon becoming a law.