Florida 2023 2023 Regular Session

Florida House Bill H1127 Introduced / Bill

Filed 02/24/2023

                       
 
HB 1127  	2023 
 
 
 
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A bill to be entitled 1 
An act relating to public records and meetings; 2 
creating s. 1012.9931, F.S.; providing an exemption 3 
from public meetings requirements for certain portions 4 
of meetings of the Interstate Teacher Mobility Compact 5 
Commission and its executive committee; providing an 6 
exemption from public records requirements for 7 
recordings, minutes, and records generated during 8 
exempt portions of such meetings and for certain fi les 9 
and information relating to specified investigations; 10 
providing for future legislative review and repeal of 11 
the exemptions; providing statements of public 12 
necessity; providing a contingent effective date. 13 
 14 
Be It Enacted by the Legislature of the St ate of Florida: 15 
 16 
 Section 1.  Section 1012.9931, Florida Statutes, is created 17 
to read: 18 
 1012.9931  Interstate Teacher Mobility Compact Commission; 19 
public meetings and public records exemptions. — 20 
 (1)  Any portion of a meeting of the Interstate Teacher 21 
Mobility Compact Commission or its executive committee in which 22 
any of the following information is discussed is exempt from s. 23 
286.011 and s. 24(b), Art. I of the State Constitution: 24 
 (a)  Noncompliance of a member state with its obligations 25     
 
HB 1127  	2023 
 
 
 
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under the compact; 26 
 (b)  The employment, compensation, discipline, or other 27 
matters, practices, or procedures related to specific employees 28 
or other matters related to the commission's internal personnel 29 
practices and procedures; 30 
 (c)  Current, threatened, or reasonably anticipated 31 
litigation; 32 
 (d)  Negotiation of contracts for the purchase, lease, or 33 
sale of goods, services, or real estate; 34 
 (e)  Accusing any person of a crime or formally censuring 35 
any person; 36 
 (f)  Trade secrets or commercial or financial information 37 
that is privileged or confidential; 38 
 (g)  Information of a personal nature if disclosure would 39 
constitute a clearly unwarranted invasion of personal privacy; 40 
 (h)  Investigative records compiled for law enforcement 41 
purposes; 42 
 (i)  Information relating to any investigative reports 43 
prepared by or on behalf of or for use by the commission or 44 
executive committee when investigating or determining compliance 45 
with the compact; 46 
 (j)  Matters specifically exempted from disclosure by 47 
federal or state practice laws; or 48 
 (k)  Other matters as set forth by the commission's bylaws 49 
and rules.  50     
 
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 (2)  Recordings, minutes, and records generated during any 51 
portion of an exempt meeting are exempt from s. 119.07(1) and s. 52 
24(a), Art. I of the State Constitution. 53 
 (3)  Files and information regarding an investigation and 54 
discipline of teachers in other member states are exempt from s. 55 
119.07(1) and s. 24(a), Art. I of the State Constitution to 56 
protect and maintain the security and confidentiality thereof in 57 
at least the same manner that the member state maintains its own 58 
investigatory or disciplinary files and information. Prior to 59 
disclosing any disciplinary or investigatory information 60 
received from another member state, the disclosing state shall 61 
communicate its intention and purp ose for such disclosure to the 62 
member state that originally provided that information. 63 
 (4)  This section is subject to the Open Government Sunset 64 
Review Act in accordance with s. 119.15 and shall stand repealed 65 
on October 2, 2028, unless reviewed and save d from repeal 66 
through reenactment by the Legislature. 67 
 Section 2.  (1)  The Legislature finds that it is a public 68 
necessity that any portion of a meeting of the Interstate 69 
Teacher Mobility Compact Commission or its executive committee 70 
in which any information in s. 1012.9931(1), Florida Statutes, 71 
is discussed be made exempt from s. 286.011, Florida Statutes, 72 
and s. 24(b), Article I of the State Constitution. 73 
 (2)  The Interstate Teacher Mobility Compact requires that 74 
any portion of a meeting in which any information in s. 75     
 
HB 1127  	2023 
 
 
 
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1012.9931(1), Florida Statutes, is discussed be closed to the 76 
public. In the absence of a public meetings exemption, this 77 
state would be prohibited from becoming a member state of the 78 
compact. Thus, this state would be unable to effective ly and 79 
efficiently administer the compact. 80 
 (3)  The Interstate Teacher Mobility Compact requires that 81 
files and information regarding an investigation and discipline 82 
of teachers in other member states be protected and that the 83 
security and confidentiality of such files and information be 84 
maintained. In the absence of a public records exemption, this 85 
state would be prohibited from becoming a member state of the 86 
compact. Thus, this state would be unable to effectively and 87 
efficiently administer the compact. 88 
 (4)  The Legislature finds that it is a public necessity 89 
that the recordings, minutes, and records generated during any 90 
portion of a meeting in which any information in s. 91 
1012.9931(1), Florida Statutes, is discussed be made exempt from 92 
s. 119.07(1), Florida Statutes, and s. 24(a), Article I of the 93 
State Constitution. Release of such information would negate the 94 
public meetings exemption. As such, the Legislature finds that 95 
the public records exemption is a public necessity. 96 
 Section 3.  This act shall t ake effect on the same date 97 
that HB 1125 or similar legislation takes effect , if such 98 
legislation is adopted in the same legislative session or an 99 
extension thereof and becomes law. 100