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33 (3) This section is subject to the Open Government Sunset 34 Review Act in accordance with s. 119.15 and shall stand repealed 35 on October 2, 2020, unless reviewed and saved from repeal 36 through reenactment by the Legislature. 37 Section 2.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.