SB 774 — Public Records and Public Meetings/Applicants for President/State University or Florida College System Institution

Florida Senate - 2020 CS for SB 774 By Senatorthe DiazCommittee 36-00599A-20on 2020774__Governmental AOversight bill to be entitled An act relating to public records and meetings;Accountability;

and Senator Diaz 585-03768-20 2020774c1 A bill to be entitled An act relating to public records and public meetings;

providingspecifying anthat exemptionpersonal fromidentifying publicinformation meeting requirements for any meeting held for the purpose of identifying or vetting applicants forwho presidentcomprise of a statefinal universitygroup or Florida College System institution and for any portion of a meeting held for the purpose of establishing qualifications of, or any compensation framework to be offered to, such potential applicants whichis wouldno discloselonger personalconfidential identifyingand informationexempt ofat ana applicanttime orcertain; potential applicant;

providing applicability;an exemption from public meeting requirements for any portion of a meeting held for the purpose of identifying or vetting applicants for president of a state university or Florida College System institution, including any portion of a meeting that would disclose identifying information of such applicants;

requiring releasea ofrecording theto namesbe made of specifiedany applicantsportion withinof a certainclosed timeframe;meeting;

providing that no portion of a closed meeting may be held off the record;

providing that the recording of any closed portion of a meeting is exempt from public record requirements;

specifying that certain meetings are not exempt from public meeting requirements;

2327 Be It Enacted by the Legislature of the State of Florida:

2529 Section 1. Section 1004.098, Florida Statutes, is created to read:

1004.098 Information1004.098 Applicants identifying applicants for president atof a state universitiesuniversity andor Florida College System institutions;institution;

public meetingmeetings exemption.— (1) Any(1)(a) Any personal identifying information of an applicant for president of a state university or Florida College System institution is confidential and exempt from s.

(2) Any(b) The meetingpersonal heldidentifying forinformation theof purposean ofapplicant identifyingincluded orin vettinga final group of applicants for president of a state university or Florida College System institution is no longer confidential and exempt from s.

119.07(1) and s.

24(a), Art.

I of the State Constitution at least 21 days before the date of a meeting at which an interview of an applicant will be conducted or at which final action or a vote is to be taken on the offer of the employment of an applicant as president.

(2)(a) Any portion of a meeting held for the purpose of identifying or vetting applicants for president of a state university or Florida College System institution, including any portion of a meeting that would disclose personal identifying information of such applicants, is exempt from s.

This(b) A exemptioncomplete doesrecording notmust applybe tomade of any portion of a meeting heldthat foris theclosed purposepursuant ofto establishingparagraph qualifications(a), ofand potentialany applicantsclosed orportion anyof compensationsuch frameworkmeeting tomay not be offeredheld tooff potentialthe applicants.record.

However,The anyrecording portion of suchthe aclosed meetingportion which would disclose personal identifying information of ana applicantmeeting or potential applicant is exempt from s.

286.011 and s.

24(b), Art.

I of the State Constitution.

(3) Any meeting or interview held after a final group of at least three applicants has been established which is conducted for the purpose of making a final selection to fill the position of president of a state university or Florida College System institution is subject to s.

286.011 and s.

24(b), Art.

I of the State Constitution.

(4) The names of the three or more applicants who comprise a final group of applicants pursuant to subsection (3) must be released by the state university or Florida College System institution no later than 21 days before the date of the meeting at which final action or voting is to occur on the employment of the applicants.

(5) Any personal identifying information of the three or more applicants who comprise a final group of applicants pursuant to subsection (3) becomes subject to s.

I of the State ConstitutionConstitution. at the time the names of such applicants are released pursuant to subsection (4).

(6) This(c) The sectionpublic ismeeting subjectexemption toprovided thein Openparagraph Government(a) Sunsetdoes Reviewnot Actapply into: accordance with s.

1. Any portion of a meeting held for the purpose of establishing qualifications for the position or establishing any compensation framework to be offered to an applicant for president of a state university or Florida College System institution.

2. Any meeting held after a final group of applicants for president of a state university or Florida College System institution has been established at which an interview of an applicant is conducted or at which final action or a vote is to be taken on the offer of the employment of an applicant as president.

(3) This section is subject to the Open Government Sunset Review Act in accordance with s.

The Legislature also finds that it is a public necessity that any portion of a meeting held for the purpose of identifying or vetting applicants for president of a state university or Florida College System institutioninstitution, andincluding any portion of a meeting heldthat for the purpose of establishing qualifications of, or any compensation framework to be offered to, such potential applicants which would disclose personal identifying information of ansuch applicantapplicants, or potential applicant be made exempt from s.

24(b), Article I of the State Constitution.Constitution, and that the recording of such meeting be made exempt from s.

119.07(1), Florida Statutes, and s.

24(a), Article I of the State Constitution.

Many, if not most, applicants for such a position are currently employed at another job at the time they apply,apply and could jeopardize their current positions could be jeopardized if it were to become known that they were seeking employment elsewhere.

These exemptions from public records and public meeting requirements are needed to ensure that ansuch executivea search committee can avail itself of the most experienced and desirable pool of qualified applicants from which to fill the position of president of a state university or Florida College System institution.

If potential applicants fear the possibility of losing their current jobs as a consequence of attempting to furtherprogress along their careerschosen career path or simply seeking different and more rewarding employment, failure to have these safeguards in place could have a chilling effect on the number and quality of applicants available to fill the position of president of a state university or Florida College System institution.