Florida Senate - 2015                                    SB 1274
       
       
        
       By Senator Soto
       
       
       
       
       
       14-01184-15                                           20151274__
    1                        A bill to be entitled                      
    2         An act relating to public records; creating s.
    3         1004.097, F.S.; creating a public records exemption
    4         for data, records, or information developed,
    5         collected, or received by or on behalf of faculty,
    6         staff, or students of a state university or Florida
    7         College System institution for the development and
    8         publication of academic research; providing for
    9         retroactive application; providing for future
   10         legislative review and repeal; providing a statement
   11         of public necessity; providing an effective date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Section 1004.097, Florida Statutes, is created
   16  to read:
   17         1004.097 Public records exemption; academic research.—
   18         (1) Data, records, or information developed, collected, or
   19  received by or on behalf of faculty, staff, or students of a
   20  state university or Florida College System institution as a
   21  result of the development and publication of scholarly works and
   22  research for professional journals, professional societies,
   23  funding agencies, or peer review panels are exempt from s.
   24  119.07(1) and s. 24(a), Art. I of the State Constitution. Exempt
   25  information includes, but is not limited to, documents that
   26  contain personal identifying information of peer reviewers,
   27  research notes and data, methodologies, information provided by
   28  participants in research, and creative works. Such information
   29  is exempt until published, patented, or otherwise publicly
   30  disseminated.
   31         (2) This section applies to information made exempt before,
   32  on, or after the effective date of the exemption.
   33         (3) This section is subject to the Open Government Sunset
   34  Review Act in accordance with s. 119.15 and shall stand repealed
   35  on October 2, 2020, unless reviewed and saved from repeal
   36  through reenactment by the Legislature.
   37         Section 2. The Legislature finds that it is a public
   38  necessity that data, records, or information developed,
   39  collected, or received by or on behalf of faculty, staff, or
   40  students of a state university or Florida College System
   41  institution as a result of the development and publication of
   42  scholarly works and research for professional journals,
   43  professional societies, funding agencies, or peer review panels
   44  be exempt from public records requirements. Faculty, staff, and
   45  students of the state’s public postsecondary institutions are
   46  vulnerable to potential abuse and harassment with respect to
   47  their research and speech. As a result, the lack of an exemption
   48  from public records requirements could result in a chilling
   49  effect on the amount and breadth of academic research occurring
   50  at the state’s public postsecondary institutions. The
   51  Legislature further finds that independent peer review of
   52  research is most effective when peer reviewers can offer
   53  unbiased and honest feedback without fear of retribution from
   54  those who disagree with their assessments. Revealing the
   55  identity of faculty, staff, and students acting as peer
   56  reviewers or participating in any academic activity requiring
   57  confidentiality of peer reviewer information would result in
   58  detrimental effects on academic research and the ability to
   59  retain quality faculty at the state’s public postsecondary
   60  institutions. The Legislature finds that this exemption serves
   61  the public interest by providing greater protection for academic
   62  freedom for the faculty, staff, and students of state
   63  universities and Florida College System institutions and
   64  promoting the role of such institutions as dedicated
   65  environments for creativity, education, and research.
   66         Section 3. This act shall take effect upon becoming a law.