Florida Senate - 2014                                     SB 646
       
       
        
       By Senator Montford
       
       
       
       
       
       3-00326B-14                                            2014646__
    1                        A bill to be entitled                      
    2         An act relating to a review under the Open Government
    3         Sunset Review Act; amending s. 1006.52, F.S., which
    4         provides an exemption from public records requirements
    5         for student education and applicant records of public
    6         postsecondary educational institutions; saving the
    7         exemption from repeal under the Open Government Sunset
    8         Review Act; providing an effective 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.—
   15         (1) Each public postsecondary educational institution may
   16  prescribe the content and custody of records that the
   17  institution may maintain on its students and applicants for
   18  admission. A student’s education records, as defined in the
   19  Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. s.
   20  1232g, and the federal regulations issued pursuant thereto, and
   21  applicant records are confidential and exempt from s. 119.07(1)
   22  and s. 24(a), Art. I of the State Constitution. For the purpose
   23  of this subsection, applicant records shall be considered to be
   24  records that are:
   25         (a) Directly related to an applicant for admission to a
   26  public postsecondary educational institution who has not been in
   27  attendance at the institution; and
   28         (b) Maintained by a public postsecondary educational
   29  institution or by a party acting on behalf of the public
   30  postsecondary educational institution.
   31         (2) A public postsecondary educational institution may not
   32  release a student’s education records without the written
   33  consent of the student to any individual, agency, or
   34  organization, except in accordance with and as permitted by the
   35  FERPA. Education records released by public postsecondary
   36  educational institutions to the Auditor General or the Office of
   37  Program Policy Analysis and Government Accountability, which are
   38  necessary for such agencies to perform their official duties and
   39  responsibilities, shall be used and maintained by the Auditor
   40  General and the Office of Program Policy Analysis and Government
   41  Accountability in accordance with the FERPA.
   42         (3) This section is subject to the Open Government Sunset
   43  Review Act in accordance with s. 119.15 and shall stand repealed
   44  on October 2, 2014, unless reviewed and saved from repeal
   45  through reenactment by the Legislature.
   46         Section 2. This act shall take effect October 1, 2014.