Florida SB 7022: Public Records/Examination and Assessment Instruments

Bill Text

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2026 Legislature SB 7022

20267022er
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CODING: Words stricken are deletions; words underlined are additions.
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An act relating to public records; amending s. 2
1008.23, F.S.; deleting a duplicative exemption from 3
public records requirements for certain examination 4
and assessment instruments; expanding an exemption 5
from public records requirements for examination and 6
assessment instruments to include such instruments 7
when held by certain entities; requiring the State 8
Board of Education and the Board of Governors to adopt 9
rules and regulations, respectively, governing the 10
retention and disposal process for specified records; 11
deleting a provision requiring the State Board of 12
Education and the Board of Governors to adopt certain 13
rules and regulations, respectively, governing access 14
to records; authorizing specified entities to disclose 15
exempt information to certain entities; requiring 16
specified entities to disclose confidential and exempt 17
information in certain circumstances; providing 18
construction; extending the scheduled repeal of the 19
exemption; providing a statement of public necessity; 20
providing an effective date. 21
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Be It Enacted by the Legislature of the State of Florida: 23
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Section 1. Section 1008.23, Florida Statutes, is amended to 25
read: 26
1008.23 Confidentiality of assessment instruments.— 27
(1) All examination and assessment instruments, including 28
developmental materials and workpapers directly related thereto, 29

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2026 Legislature SB 7022

20267022er
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CODING: Words stricken are deletions; words underlined are additions.
which are prepared, prescribed, or administered pursuant to ss. 30
1002.69, 1003.52, 1003.56, 1007.25, 1007.35, 1008.22, 1008.25, 31
and 1012.56 shall be confidential and exempt from s. 119.07(1) 32
and s. 24(a), Art. I of the State Constitution. Provisions 33
governing access, maintenance, and destruction of such 34
instruments and related materials shall be prescribed by rules 35
of the State Board of Education. 36
(2)(a) All examination and assessment instruments, 37
including developmental materials and workpapers directly 38
related thereto, which are held prepared, prescribed, or 39
administered by a public school, a district school board, a 40
Florida College System institution, a state university, a board 41
of trustees, or the Department of Education, the State Board of 42
Education, or the Board of Governors shall be confidential and 43
exempt from s. 119.07(1) and s. 24(a), Art. I of the State 44
Constitution. 45
(b) The State Board of Education and the Board of Governors 46
shall adopt rules and regulations, respectively, establishing 47
retention schedules and a disposal process for the records 48
described in paragraph (a) Provisions governing access, 49
maintenance, and destruction of the instruments and related 50
materials identified under paragraph (a) shall be prescribed by 51
rules of the State Board of Education and regulations of the 52
Board of Governors, respectively. 53
(c)1. An entity listed in paragraph (a) may disclose the 54
information made confidential and exempt from public records 55
inspection and copying requirements by this section to any other 56
entity listed in that paragraph. 57
2. A public school, district school board, Florida College 58

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2026 Legislature SB 7022

20267022er
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CODING: Words stricken are deletions; words underlined are additions.
system institution, or state university must, upon request, 59
disclose the information made confidential and exempt from 60
public records inspection and copying requirements by this 61
section to the Department of Education, the State Board of 62
Education, or the Board of Governors. 63
(d) Nothing in this section shall be construed to limit, 64
abridge, or infringe on the rights of students and parents with 65
respect to student records and education records pursuant to ss. 66
1002.20 and 1002.22. 67
(2)(3) This section is subject to the Open Government 68
Sunset Review Act in accordance with s. 119.15 and shall stand 69
repealed on October 2, 2031 2026, unless reviewed and saved from 70
repeal through reenactment by the Legislature. 71
Section 2. The Legislature finds that it is a public 72
necessity that examination and assessment instruments, including 73
developmental materials and workpapers directly related thereto, 74
which are held by a public school, a district school board, a 75
Florida College System institution, a state university, a board 76
of trustees, the Department of Education, the State Board of 77
Education, or the Board of Governors be made confidential and 78
exempt from s. 119.07(1), Florida Statutes, and s. 24(a), 79
Article I of the State Constitution. Public schools and district 80
school boards routinely develop, license, and administer 81
recurring classroom, course, school, and district assessments, 82
frequently drawing upon secure item banks and develo