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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
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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 9
records 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 State 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
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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
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) Records relating to an investigation of a teacher 54
received from another member state held by the commissioner, as 55
defined in s. 1012.993, or the Florida Department of Education 56
pursuant to the Interstate Teacher Mobility Compact are exempt 57
from s. 119.07(1) and s. 24(a ), Art. I of the State Constitution 58
until such time as the investigation ceases to be active, or 59
until such time as a preliminary investigation has been 60
concluded with the finding that there is probable cause to 61
proceed and a complaint is filed. Prior to d isclosing any 62
investigatory or disciplinary information concerning a teacher 63
received from another member state, the commissioner or the 64
Florida Department of Education shall communicate its intention 65
and purpose for such disclosure to the member state tha t 66
originally provided that information. For the purpose of this 67
subsection, an investigation shall be considered active as long 68
as it is continuing with a reasonable, good faith anticipation 69
that an administrative finding will be made in the foreseeable 70
future. 71
(4) This section is subject to the Open Government Sunset 72
Review Act in accordance with s. 119.15 and shall stand repealed 73
on October 2, 2028, unless reviewed and saved from repeal 74
through reenactment by the Legislature. 75
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Section 2. (1) The Legislature finds that it is a public 76
necessity that any portion of a meeting of the Interstate 77
Teacher Mobility Compact Commission or its executive committee 78
in which any information in s. 1012.9931(1), Florida Statutes, 79
is discussed be made exempt from s. 2 86.011, Florida Statutes, 80
and s. 24(b), Article I of the State Constitution. The 81
Interstate Teacher Mobility Compact requires that any portion of 82
a meeting in which any information in s. 1012.9931(1), Florida 83
Statutes, is discussed be closed to the public. In the absence 84
of a public meetings exemption, this state would be prohibited 85
from becoming a member state of the compact. Thus, this state 86
would be unable to effectively and efficiently administer the 87
compact. 88
(2) The Legislature finds that it is a pub lic necessity 89
that records relating to an investigation of a teacher received 90
from another member state by the commissioner, as defined in s. 91
1012.993, Florida Statutes, or the Florida Department of 92
Education pursuant to the Interstate Teacher Mobility Com pact be 93
made exempt from s. 119.07(1), Florida Statutes, and s. 24(a), 94
Article I of the State Constitution, until such time as the 95
investigation ceases to be active, or until such time as a 96
preliminary investigation has been concluded with the finding 97
that there is probable cause to proceed and a complaint is 98
filed. The Interstate Teacher Mobility Compact requires that 99
certain records relating to an investigation and discipline of 100
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teachers in other member states be protected to at least the 101
same extent that those records are protected in the member state 102
holding the records. In the absence of a public records 103
exemption, this state would be prohibited from becoming a member 104
state of the compact. Thus, this state would be unable to 105
effectively and efficiently administer the compact. 106
(3) The Legislature finds that it is a public necessity 107
that the recordings, minutes, and records generated during any 108
portion of a meeting in which any information in s. 109
1012.9931(1), Florida Statutes, is discussed be made exempt from 110
s. 119.07(1), Florida Statutes, and s. 24(a), Article I of the 111
State Constitution. Release of such information would negate the 112
public meetings exemption. As such, the Legislature finds that 113
the public records exemption is a public necessity. 114
Section 3. This act shall take effect on the same date 115
that HB 1125 or similar legislation takes effect , if such 116
legislation is adopted in the same legislative session or an 117
extension thereof and becomes law. 118