FL
Florida House Bill H0703

Florida 2022 Regular Session

Florida House Bill H0703 Compare Versions

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1010 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
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1414 A bill to be entitled 1
1515 An act relating to public records and public meetings; 2
1616 creating s. 1004.098, F.S.; providing an exemption 3
1717 from public records requirements for any personal 4
1818 identifying information of an applicant for president 5
1919 of a state university or a Florida College Sys tem 6
2020 institution held by a state university or a Florida 7
21-College System institution; specifying when the age, 8
22-race, and gender of all qualified applicants 9
23-considered and the personal identifying information of 10
24-applicants who are in the final group of applic ants 11
25-are no longer confidential and exempt; providing an 12
26-exemption from public meetings requirements for any 13
27-portion of a meeting held for the purpose of 14
28-identifying or vetting applicants for president of a 15
29-state university or a Florida College System 16
30-institution, including any portion of a meeting which 17
31-would disclose certain personal identifying 18
32-information of such applicants; requiring that a 19
33-recording be made of any portion of a closed meeting 20
34-which would disclose personal identifying information 21
35-of such applicants; providing that no portion of a 22
36-closed meeting may be held off the record; providing 23
37-that the recording of any closed portion of a meeting 24
38-is exempt from public records requirements; specifying 25
21+College System institution; specifying when the 8
22+personal identifying information of applicants who are 9
23+in the final group of applicants is no longer 10
24+confidential and exempt; providing an exemption fro m 11
25+public meeting requirements for any portion of a 12
26+meeting held for the purpose of identifying or vetting 13
27+applicants for president of a state university or a 14
28+Florida College System institution, including any 15
29+portion of a meeting which would disclose certai n 16
30+personal identifying information of such applicants; 17
31+requiring that a recording be made of any portion of a 18
32+closed meeting which would disclose personal 19
33+identifying information of such applicants; providing 20
34+that no portion of a closed meeting may be held off 21
35+the record; providing that the recording of any closed 22
36+portion of a meeting is exempt from public records 23
37+requirements; specifying that certain meetings are not 24
38+exempt from public meeting requirements; providing for 25
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4747 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
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51-that certain meetings are not exempt from public 26
52-meeting requirements; providing for future legislative 27
53-review and repeal of the exemptions; providing a 28
54-statement of public necessity; providing an effective 29
55-date. 30
51+future legislative review and repea l of the 26
52+exemptions; providing a statement of public necessity; 27
53+providing an effective date. 28
54+ 29
55+Be It Enacted by the Legislature of the State of Florida: 30
5656 31
57-Be It Enacted by the Legislature of the State of Florida: 32
58- 33
59- Section 1. Section 100 4.098, Florida Statutes, is created 34
60-to read: 35
61- 1004.098 Applicants for president of a state university or 36
62-Florida College System institution; public records exemption; 37
63-public meetings exemption. — 38
64- (1)(a) Any personal identifying information of an 39
65-applicant for president of a state university or a Florida 40
66-College System institution held by a state university or a 41
67-Florida College System institution is confidential and exempt 42
68-from s. 119.07(1) and s. 24(a), Art. I of the State 43
69-Constitution. 44
70- (b) Notwithstanding paragraph (a), the age, race, and 45
71-gender of all applicants who met the minimum qualifications 46
72-established for the position by a state university or a Florida 47
73-College System institution who were considered and the personal 48
74-identifying information of an applicant included in the final 49
75-group of applicants for president of a state university or a 50
57+ Section 1. Section 1004.098, Florida Statutes, is created 32
58+to read: 33
59+ 1004.098 Applicants for president of a state university or 34
60+Florida College System institution; public records exemption; 35
61+public meetings exemption. — 36
62+ (1)(a) Any personal identifying information of an 37
63+applicant for president of a state university or a Florida 38
64+College System insti tution held by a state university or a 39
65+Florida College System institution is confidential and exempt 40
66+from s. 119.07(1) and s. 24(a), Art. I of the State 41
67+Constitution. 42
68+ (b) Notwithstanding paragraph (a), the personal 43
69+identifying information of an applicant included in the final 44
70+group of applicants for president of a state university or a 45
71+Florida College System institution is no longer confidential and 46
72+exempt from s. 119.07(1) and s. 24(a), Art. I of the State 47
73+Constitution beginning at the earlier of the dat e the final 48
74+group of applicants to be considered for president is 49
75+established or 14 days before the date of a meeting at which an 50
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8484 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
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88-Florida College System institution are no longer confidential 51
89-and exempt from s. 119.07(1) and s. 24(a), Art. I of the State 52
90-Constitution beginning at the earlier of the date the final 53
91-group of applicants to be considered for president is 54
92-established or 21 days before the date of a meeting at which an 55
93-interview of an applicant will be conducted or at which final 56
94-action or a vote is to be taken on the offer of the em ployment 57
95-of an applicant as president. 58
96- (2)(a) Any portion of a meeting held for the purpose of 59
97-identifying or vetting applicants for president of a state 60
98-university or a Florida College System institution, including 61
99-any portion of a meeting which would d isclose personal 62
100-identifying information of such applicants which is otherwise 63
101-confidential and exempt under subsection (1), is exempt from s. 64
102-286.011 and s. 24(b), Art. I of the State Constitution. 65
103- (b) A complete recording must be made of any portion of a 66
104-meeting which is closed pursuant to paragraph (a), and any 67
105-closed portion of such meeting may not be held off the record. 68
106-The recording of the closed portion of a meeting is exempt from 69
107-s. 119.07(1) and s. 24(a), Art. I of the State Constitution. 70
108- (c) The exemption provided in paragraph (a) does not apply 71
109-to: 72
110- 1. Any portion of a meeting held for the purpose of 73
111-establishing qualifications for the position or establishing any 74
112-compensation framework to be offered to an applicant for 75
88+interview of an applicant will be conducted or at which final 51
89+action or a vote is to be taken on the offer of the employment 52
90+of an applicant as president. 53
91+ (2)(a) Any portion of a meeting held for the purpose of 54
92+identifying or vetting applicants for president of a state 55
93+university or a Florida College System institution, including 56
94+any portion of a meeting which would disclose pe rsonal 57
95+identifying information of such applicants which is otherwise 58
96+confidential and exempt under subsection (1), is exempt from s. 59
97+286.011 and s. 24(b), Art. I of the State Constitution. 60
98+ (b) A complete recording must be made of any portion of a 61
99+meeting which is closed pursuant to paragraph (a), and any 62
100+closed portion of such meeting may not be held off the record. 63
101+The recording of the closed portion of a meeting is exempt from 64
102+s. 119.07(1) and s. 24(a), Art. I of the State Constitution. 65
103+ (c) The exemption provided in paragraph (a) does not apply 66
104+to: 67
105+ 1. Any portion of a meeting held for the purpose of 68
106+establishing qualifications for the position or establishing any 69
107+compensation framework to be offered to an applicant for 70
108+president of a state university or a Florida College System 71
109+institution. 72
110+ 2. Any meeting that is held after a final group of 73
111+applicants for president of a state university or a Florida 74
112+College System institution has been established. 75
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121121 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
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125-president of a state university or a Florida College System 76
126-institution. 77
127- 2. Any meeting that is held after a final group of 78
128-applicants for president of a state university or a Florida 79
129-College System institution has been established. 80
130- (3) This section is subject to the Open Government Sunset 81
131-Review Act in accordance with s. 119.15 and shall stand repealed 82
132-on October 2, 2027, unless reviewed and saved from repeal 83
133-through reenactment by the Legislature. 84
134- Section 2. The Legislature finds that it is a public 85
135-necessity that any personal identifying information of an 86
136-applicant for president of a state university or a Florida 87
137-College System institution held by a state university or a 88
138-Florida College System institution be made confidential and 89
139-exempt from s. 119.07(1), Florida Stat utes, and s. 24(a), 90
140-Article I of the State Constitution. The Legislature also finds 91
141-that it is a public necessity that any portion of a meeting held 92
142-for the purpose of identifying or vetting applicants for 93
143-president of a state university or a Florida Colle ge System 94
144-institution, including any portion of a meeting which would 95
145-disclose personal identifying information of such applicants, be 96
146-made exempt from s. 286.011, Florida Statutes, and s. 24(b), 97
147-Article I of the State Constitution, and that the recording of 98
148-such meeting be made exempt from s. 119.07(1), Florida Statutes, 99
149-and s. 24(a), Article I of the State Constitution. The task of 100
125+ (3) This section is subject to the Open Government Sunset 76
126+Review Act in accordance with s. 119.15 and shall stand repealed 77
127+on October 2, 2027, unless reviewed and saved from repeal 78
128+through reenactment by the Legislature. 79
129+ Section 2. The Legislature finds that it is a public 80
130+necessity that any personal identifying information of an 81
131+applicant for president of a state university or a Florida 82
132+College System institution held by a state university or a 83
133+Florida College System institution be made confidential and 84
134+exempt from s. 119.07(1), Florida Statutes, and s. 24(a), 85
135+Article I of the State Constitution. The Legislature also finds 86
136+that it is a public necessity that any portion of a meeting held 87
137+for the purpose of identifying or vetting applicants for 88
138+president of a state university or a Florida College System 89
139+institution, including any portion of a meeting which would 90
140+disclose personal identifying information of such applicants, be 91
141+made exempt from s. 286.011, Florida Statutes, and s. 24(b), 92
142+Article I of the State Constitution, and that the recording of 93
143+such meeting be made exempt from s. 119.07(1), Florida Statutes, 94
144+and s. 24(a), Article I of the State Constitution. The task of 95
145+filling the position of president of a state university or a 96
146+Florida College System institution is often conducted by an 97
147+executive search committee. Many, if not most, applicants for 98
148+such a position are currently employed at another job at the 99
149+time they apply and could jeopardize their current positions if 100
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158158 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
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162-filling the position of president of a state university or a 101
163-Florida College System institution is often conducted by an 102
164-executive search committee. Many, if not most, applicants for 103
165-such a position are currently employed at another job at the 104
166-time they apply and could jeopardize their current positions if 105
167-it were to become known that they were seeking employment 106
168-elsewhere. These exemptions from public records and public 107
169-meetings requirements are needed to ensure that a search 108
170-committee can avail itself of a pool of the most experienced and 109
171-qualified applicants from which to fill the position. If 110
172-potential applicants fear the pos sibility of losing their 111
173-current jobs as a consequence of attempting to progress along 112
174-their chosen career path or simply seeking different and more 113
175-rewarding employment, failure to have these safeguards in place 114
176-could have a chilling effect on the number and quality of 115
177-applicants available to fill the position of president of a 116
178-state university or a Florida College System institution. 117
179- Section 3. This act shall take effect upon becoming a law. 118
162+it were to become known that they were seeking employment 101
163+elsewhere. These exemptio ns from public records and public 102
164+meetings requirements are needed to ensure that a search 103
165+committee can avail itself of a pool of the most experienced and 104
166+qualified applicants from which to fill the position. If 105
167+potential applicants fear the possibility o f losing their 106
168+current jobs as a consequence of attempting to progress along 107
169+their chosen career path or simply seeking different and more 108
170+rewarding employment, failure to have these safeguards in place 109
171+could have a chilling effect on the number and qualit y of 110
172+applicants available to fill the position of president of a 111
173+state university or a Florida College System institution. 112
174+ Section 3. This act shall take effect upon becoming a law. 113