ENROLLED
       2014 Legislature                                   CS for SB 646
       
       
       
       
       
       
                                                              2014646er
    1  
    2         An act relating to a review under the Open Government
    3         Sunset Review Act; amending s. 1006.52, F.S., relating
    4         to an exemption from public records requirements for
    5         postsecondary education records and applicant records;
    6         saving the exemption from repeal under the Open
    7         Government Sunset Review Act; providing an effective
    8         date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Section 1006.52, Florida Statutes, is amended to
   13  read:
   14         1006.52 Education records and applicant records; public
   15  records exemption.—
   16         (1) Each public postsecondary educational institution may
   17  prescribe the content and custody of records that the
   18  institution may maintain on its students and applicants for
   19  admission. A student’s education records, as defined in the
   20  Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. s.
   21  1232g, and the federal regulations issued pursuant thereto, and
   22  applicant records are confidential and exempt from s. 119.07(1)
   23  and s. 24(a), Art. I of the State Constitution. For the purpose
   24  of this subsection, applicant records are shall be considered to
   25  be records that are:
   26         (a) Directly related to an applicant for admission to a
   27  public postsecondary educational institution who has not been in
   28  attendance at the institution; and
   29         (b) Maintained by a public postsecondary educational
   30  institution or by a party acting on behalf of the public
   31  postsecondary educational institution.
   32         (2)(a) A public postsecondary educational institution may
   33  not release a student’s education records without the written
   34  consent of the student to any individual, agency, or
   35  organization, except in accordance with and as permitted by the
   36  FERPA.
   37         (b) Education records released by public postsecondary
   38  educational institutions to the Auditor General or the Office of
   39  Program Policy Analysis and Government Accountability, which are
   40  necessary for such agencies to perform their official duties and
   41  responsibilities, must shall be used and maintained by the
   42  Auditor General and the Office of Program Policy Analysis and
   43  Government Accountability in accordance with the FERPA.
   44         (3) This section is subject to the Open Government Sunset
   45  Review Act in accordance with s. 119.15 and shall stand repealed
   46  on October 2, 2014, unless reviewed and saved from repeal
   47  through reenactment by the Legislature.
   48         Section 2. This act shall take effect October 1, 2014.