Florida HB 7021: Covid-19-related Claims Against Health Care Providers

Bill Text

HB 7021 2026

CODING: Words stricken are deletions; words underlined are additions.
hb7021-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

A bill to be entitled 1
An act relating to a review under the Open Government 2
Sunset Review Act; amending s. 1008.23, F.S.; 3
repealing a duplicative exemption from public record 4
requirements for certain examination and assessment 5
instruments; expanding an exemption from public record 6
requirements for examination and assessment 7
instruments to include such instruments when held by 8
certain entities; requiring the State Board of 9
Education and the Board of Governors to adopt certain 10
rules and regulations, respectively, governing the 11
retention and disposal process for specified records; 12
removing a provision requiring the State Board of 13
Education and Board of Governors to adopt certain 14
rules and regulations, respectively, governing access 15
to specified records; authorizing specified entities 16
to disclose exempt information to certain entities; 17
requiring specified entities to disclose exempt 18
information in certain circumstances; providing 19
construction; extending the scheduled repeal of the 20
exemption; providing a statement of public necessity; 21
providing an effective date. 22
23
Be It Enacted by the Legislature of the State of Florida: 24
25

HB 7021 2026

CODING: Words stricken are deletions; words underlined are additions.
hb7021-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

Section 1. Section 1008.23, Florida Statutes, is amended 26
to read: 27
1008.23 Confidentiality of assessment instruments.— 28
(1) All examination and assessment instruments, including 29
developmental materials and workpapers directly related thereto, 30
which are prepared, prescribed, or administered pursuant to ss. 31
1002.69, 1003.52, 1003.56, 1007.25, 1007.35, 1008.22, 1008.25, 32
and 1012.56 shall be confidential and exempt from s. 119.07(1) 33
and s. 24(a), Art. I of the State Constitution. Provisions 34
governing access, maintenance, and destruction of such 35
instruments and related materials shall be prescribed by rules 36
of the State Board of Education. 37
(1)(a)(2)(a) All examination and assessment instruments, 38
including developmental materials and workpapers directly 39
related thereto, which are held prepared, prescribed, or 40
administered by a public school, a district school board, a 41
Florida College System institution, a state university, a board 42
of trustees, or the Department of Education, the State Board of 43
Education, or the Board of Governors shall be confidential and 44
exempt from s. 119.07(1) and s. 24(a), Art. I of the State 45
Constitution. 46
(b) The State Board of Education and the Board of 47
Governors shall adopt rules or regulations, respectively, 48
establishing retention schedules and a disposal process for 49
records described in paragraph (a). 50

HB 7021 2026

CODING: Words stricken are deletions; words underlined are additions.
hb7021-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

(c)1. Any entity listed in paragraph (a) may disclose the 51
information made confidential and exempt from public record 52
requirements by this section to any other entity listed in that 53
paragraph. 54
2. A public school, district school board, Florida College 55
System institution, or state university must, upon request, 56
disclose the information made confidential and exempt from 57
public record requirements by this section to the Department of 58
Education, the State Board of Education, or the Board of 59
Governors. 60
(d) Nothing in this section shall be construed to limit, 61
abridge, or infringe on the rights of students and parents with 62
respect to student records and education records pursuant to ss. 63
1002.20 and 1002.22 64
(b) Provisions governing access, maintenance, and 65
destruction of the instruments and related materials identified 66
under paragraph (a) shall be prescribed by rules of the State 67
Board of Education and regulations of the Board of Governors, 68
respectively. 69
(2)(3) This section is subject to the Open Government 70
Sunset Review Act in accordance with s. 119.15 and shall stand 71
repealed on October 2, 2031 October 2, 2026, unless reviewed and 72
saved from repeal through reenactment by the Legislature. 73
Section 2. The Legislature finds that it is a public 74
necessity to exempt from s. 119.07(1), Florida Statutes, and s. 75

HB 7021 2026

CODING: Words stricken are deletions; words underlined are additions.
hb7021-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

24(a), Article I of the State Constitution, examination and 76
assessment instruments, including developmental materials and 77
workpapers directly related thereto, which are held by a public 78
school, a district school board, a Florida College System 79
institution, a state university, a board of trustees, the 80
Department o