Florida 2023 Regular Session

Florida House Bill H1127 Compare Versions

Version 1 (Old)

Version 2 (New)

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10	10		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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14		-	1
	14	+	A bill to be entitled 1
15	15		An act relating to public records and meetings; 2
16	16		creating s. 1012.9931, F.S.; providing an exemption 3
17	17		from public meetings requirements for certain portions 4
18	18		of meetings of the Interstate Teacher Mobility Compact 5
19	19		Commission and its executive committee; providing an 6
20	20		exemption from public records requirements for 7
21	21		recordings, minutes, and records generated during 8
22	22		exempt portions of such meetings and for certain 9
23	23		records relating to specified investigations; 10
24	24		providing for future legislative review and repeal of 11
25	25		the exemptions; providing statements of public 12
26	26		necessity; providing a contingent effective date. 13
27	27		14
28	28		Be It Enacted by the Legislature of the State of Florida : 15
29	29		16
30	30		Section 1. Section 1012.9931, Florida Statutes, is created 17
31	31		to read: 18
32	32		1012.9931 Interstate Teacher Mobility Compact Commission; 19
33	33		public meetings and public records exemptions. — 20
34	34		(1) Any portion of a meeting of the Interstate Teacher 21
35	35		Mobility Compact Commission or its executive committee in which 22
36	36		any of the following information is discussed is exempt from s. 23
37	37		286.011 and s. 24(b), Art. I of the State Constitution: 24
38	38		(a) Noncompliance of a member state with its obligations 25
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47	47		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	51		under the compact; 26
52	52		(b) The employment, compensation, discipline, or other 27
53	53		matters, practices, or procedures related to specific employees 28
54	54		or other matters related to the commission's internal personnel 29
55	55		practices and procedures; 30
56	56		(c) Current, threatened, or reasonably anticipated 31
57	57		litigation; 32
58	58		(d) Negotiation of contracts for the purchase, lease, or 33
59	59		sale of goods, services, or real estate; 34
60	60		(e) Accusing any person of a crime or formally censuring 35
61	61		any person; 36
62	62		(f) Trade secrets or commercial or financial information 37
63	63		that is privileged or confidential; 38
64	64		(g) Information of a personal nature if disclosure would 39
65	65		constitute a clearly unwarranted invasion of personal privacy; 40
66	66		(h) Investigative records compiled for law enforcement 41
67	67		purposes; 42
68	68		(i) Information relating to any investigative reports 43
69	69		prepared by or on behalf of or for use by the commission or 44
70	70		executive committee when investigating or determining compliance 45
71	71		with the compact; 46
72	72		(j) Matters specifically exempted from disclosure by 47
73	73		federal or state practice laws; or 48
74	74		(k) Other matters as set forth by the commission's bylaws 49
75	75		and rules. 50
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84	84		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	88		(2) Recordings, minutes, and records generated during any 51
89	89		portion of an exempt meeting are exempt from s. 119.07(1) and s. 52
90	90		24(a), Art. I of the State Constitution. 53
91	91		(3) Records relating to an investigation of a teacher 54
92	92		received from another member state held by the commissioner, as 55
93	93		defined in s. 1012.993, or the Florida Department of Education 56
94	94		pursuant to the Interstate Teacher Mobility Compact are exempt 57
95	95		from s. 119.07(1) and s. 24(a ), Art. I of the State Constitution 58
96	96		until such time as the investigation ceases to be active, or 59
97	97		until such time as a preliminary investigation has been 60
98	98		concluded with the finding that there is probable cause to 61
99	99		proceed and a complaint is filed. Prior to d isclosing any 62
100	100		investigatory or disciplinary information concerning a teacher 63
101	101		received from another member state, the commissioner or the 64
102	102		Florida Department of Education shall communicate its intention 65
103	103		and purpose for such disclosure to the member state tha t 66
104	104		originally provided that information. For the purpose of this 67
105	105		subsection, an investigation shall be considered active as long 68
106	106		as it is continuing with a reasonable, good faith anticipation 69
107	107		that an administrative finding will be made in the foreseeable 70
108	108		future. 71
109	109		(4) This section is subject to the Open Government Sunset 72
110	110		Review Act in accordance with s. 119.15 and shall stand repealed 73
111	111		on October 2, 2028, unless reviewed and saved from repeal 74
112	112		through reenactment by the Legislature. 75
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121	121		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	125		Section 2. (1) The Legislature finds that it is a public 76
126	126		necessity that any portion of a meeting of the Interstate 77
127	127		Teacher Mobility Compact Commission or its executive committee 78
128	128		in which any information in s. 1012.9931(1), Florida Statutes, 79
129	129		is discussed be made exempt from s. 2 86.011, Florida Statutes, 80
130	130		and s. 24(b), Article I of the State Constitution. The 81
131	131		Interstate Teacher Mobility Compact requires that any portion of 82
132	132		a meeting in which any information in s. 1012.9931(1), Florida 83
133	133		Statutes, is discussed be closed to the public. In the absence 84
134	134		of a public meetings exemption, this state would be prohibited 85
135	135		from becoming a member state of the compact. Thus, this state 86
136	136		would be unable to effectively and efficiently administer the 87
137	137		compact. 88
138	138		(2) The Legislature finds that it is a pub lic necessity 89
139	139		that records relating to an investigation of a teacher received 90
140	140		from another member state by the commissioner, as defined in s. 91
141	141		1012.993, Florida Statutes, or the Florida Department of 92
142	142		Education pursuant to the Interstate Teacher Mobility Com pact be 93
143	143		made exempt from s. 119.07(1), Florida Statutes, and s. 24(a), 94
144	144		Article I of the State Constitution, until such time as the 95
145	145		investigation ceases to be active, or until such time as a 96
146	146		preliminary investigation has been concluded with the finding 97
147	147		that there is probable cause to proceed and a complaint is 98
148	148		filed. The Interstate Teacher Mobility Compact requires that 99
149	149		certain records relating to an investigation and discipline of 100
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158	158		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	162		teachers in other member states be protected to at least the 101
163	163		same extent that those records are protected in the member state 102
164	164		holding the records. In the absence of a public records 103
165	165		exemption, this state would be prohibited from becoming a member 104
166	166		state of the compact. Thus, this state would be unable to 105
167	167		effectively and efficiently administer the compact. 106
168	168		(3) The Legislature finds that it is a public necessity 107
169	169		that the recordings, minutes, and records generated during any 108
170	170		portion of a meeting in which any information in s. 109
171	171		1012.9931(1), Florida Statutes, is discussed be made exempt from 110
172	172		s. 119.07(1), Florida Statutes, and s. 24(a), Article I of the 111
173	173		State Constitution. Release of such information would negate the 112
174	174		public meetings exemption. As such, the Legislature finds that 113
175	175		the public records exemption is a public necessity. 114
176	176		Section 3. This act shall take effect on the same date 115
177	177		that HB 1125 or similar legislation takes effect , if such 116
178	178		legislation is adopted in the same legislative session or an 117
179	179		extension thereof and becomes law. 118