CS/CS/HB 703 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to public records and public meetings; 2
creating s. 1004.098, F.S.; providing an exemption 3
from public records requirements for any personal 4
identifying information of an applicant for president 5
of a state university or a Florida College Sys tem 6
institution held by a state university or a Florida 7
College System institution; specifying when the age, 8
race, and gender of all qualified applicants 9
considered and the personal identifying information of 10
applicants who are in the final group of applic ants 11
are no longer confidential and exempt; providing an 12
exemption from public meetings requirements for any 13
portion of a meeting held for the purpose of 14
identifying or vetting applicants for president of a 15
state university or a Florida College System 16
institution, including any portion of a meeting which 17
would disclose certain personal identifying 18
information of such applicants; requiring that a 19
recording be made of any portion of a closed meeting 20
which would disclose personal identifying information 21
of such applicants; providing that no portion of a 22
closed meeting may be held off the record; providing 23
that the recording of any closed portion of a meeting 24
is exempt from public records requirements; specifying 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
that certain meetings are not exempt from public 26
meeting requirements; providing for future legislative 27
review and repeal of the exemptions; providing a 28
statement of public necessity; providing an effective 29
date. 30
31
Be It Enacted by the Legislature of the State of Florida: 32
33
Section 1. Section 100 4.098, Florida Statutes, is created 34
to read: 35
1004.098 Applicants for president of a state university or 36
Florida College System institution; public records exemption; 37
public meetings exemption. — 38
(1)(a) Any personal identifying information of an 39
applicant for president of a state university or a Florida 40
College System institution held by a state university or a 41
Florida College System institution is confidential and exempt 42
from s. 119.07(1) and s. 24(a), Art. I of the State 43
Constitution. 44
(b) Notwithstanding paragraph (a), the age, race, and 45
gender of all applicants who met the minimum qualifications 46
established for the position by a state university or a Florida 47
College System institution who were considered and the personal 48
identifying information of an applicant included in the final 49
group of applicants for president of a state university or a 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Florida College System institution are no longer confidential 51
and exempt from s. 119.07(1) and s. 24(a), Art. I of the State 52
Constitution beginning at the earlier of the date the final 53
group of applicants to be considered for president is 54
established or 21 days before the date of a meeting at which an 55
interview of an applicant will be conducted or at which final 56
action or a vote is to be taken on the offer of the em ployment 57
of an applicant as president. 58
(2)(a) Any portion of a meeting held for the purpose of 59
identifying or vetting applicants for president of a state 60
university or a Florida College System institution, including 61
any portion of a meeting which would d isclose personal 62
identifying information of such applicants which is otherwise 63
confidential and exempt under subsection (1), is exempt from s. 64
286.011 and s. 24(b), Art. I of the State Constitution. 65
(b) A complete recording must be made of any portion of a 66
meeting which is closed pursuant to paragraph (a), and any 67
closed portion of such meeting may not be held off the record. 68
The recording of the closed portion of a meeting is exempt from 69
s. 119.07(1) and s. 24(a), Art. I of the State Constitution. 70
(c) The exemption provided in paragraph (a) does not apply 71
to: 72
1. Any portion of a meeting held for the purpose of 73
establishing qualifications for the position or establishing any 74
compensation framework to be offered to an applicant for 75
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
president of a state university or a Florida College System 76
institution. 77
2. Any meeting that is held after a final group of 78
applicants for president of a state university or a Florida 79
College System institution has been established. 80
(3) This section is subject to the Open Government Sunset 81
Review Act in accordance with s. 119.15 and shall stand repealed 82
on October 2, 2027, unless reviewed and saved from repeal 83
through reenactment by the Legislature. 84
Section 2. The Legislature finds that it is a public 85
necessity that any personal identifying information of an 86
applicant for president of a state university or a Florida 87
College System institution held by a state university or a 88
Florida College System institution be made confidential and 89
exempt from s. 119.07(1), Florida Stat utes, and s. 24(a), 90
Article I of the State Constitution. The Legislature also finds 91
that it is a public necessity that any portion of a meeting held 92
for the purpose of identifying or vetting applicants for 93
president of a state university or a Florida Colle ge System 94
institution, including any portion of a meeting which would 95
disclose personal identifying information of such applicants, be 96
made exempt from s. 286.011, Florida Statutes, and s. 24(b), 97
Article I of the State Constitution, and that the recording of 98
such meeting be made exempt from s. 119.07(1), Florida Statutes, 99
and s. 24(a), Article I of the State Constitution. The task of 100
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
filling the position of president of a state university or a 101
Florida College System institution is often conducted by an 102
executive search committee. Many, if not most, applicants for 103
such a position are currently employed at another job at the 104
time they apply and could jeopardize their current positions if 105
it were to become known that they were seeking employment 106
elsewhere. These exemptions from public records and public 107
meetings requirements are needed to ensure that a search 108
committee can avail itself of a pool of the most experienced and 109
qualified applicants from which to fill the position. If 110
potential applicants fear the pos sibility of losing their 111
current jobs as a consequence of attempting to progress along 112
their chosen career path or simply seeking different and more 113
rewarding employment, failure to have these safeguards in place 114
could have a chilling effect on the number and quality of 115
applicants available to fill the position of president of a 116
state university or a Florida College System institution. 117
Section 3. This act shall take effect upon becoming a law. 118