Title: Public Records/Academic Research Development and Publication

Summary: Creating a public records exemption for data, records, or information developed, collected, or received by or on behalf of faculty, staff, or students of a state university or Florida College System institution for the development and publication of academic research; providing for future legislative review and repeal; providing a statement of public necessity, etc.

Full Text:
An act relating to public records; creating s. 1004.097, F.S.; creating a public records exemption for data, records, or information developed, collected, or received by or on behalf of faculty, staff, or students of a state university or Florida College System institution for the development and publication of academic research; providing for retroactive application; providing for future legislative review and repeal; providing a statement of public necessity; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Section 1004.097, Florida Statutes, is created to read: 1004.097  Public records exemption; academic research.  (1) Data, records, or information developed, collected, or received by or on behalf of faculty, staff, or students of a state university or Florida College System institution as a result of the development and publication of scholarly works and research for professional journals, professional societies, funding agencies, or peer review panels are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. Exempt information includes, but is not limited to, documents that contain personal identifying information of peer reviewers, research notes and data, methodologies, information provided by participants in research, and creative works. Such information is exempt until published, patented, or otherwise publicly disseminated. (2) This section applies to information made exempt before, on, or after the effective date of the exemption. (3) This section is subject to the Open Government Sunset Review Act in accordance with s. 119.15 and shall stand repealed on October 2, 2020, unless reviewed and saved from repeal through reenactment by the Legislature. Section 2.  The Legislature finds that it is a public necessity that data, records, or information developed, collected, or received by or on behalf of faculty, staff, or students of a state university or Florida College System institution as a result of the development and publication of scholarly works and research for professional journals, professional societies, funding agencies, or peer review panels be exempt from public records requirements. Faculty, staff, and students of the state s public postsecondary institutions are vulnerable to potential abuse and harassment with respect to their research and speech. As a result, the lack of an exemption from public records requirements could result in a chilling effect on the amount and breadth of academic research occurring at the state s public postsecondary institutions. The Legislature further finds that independent peer review of research is most effective when peer reviewers can offer unbiased and honest feedback without fear of retribution from those who disagree with their assessments. Revealing the identity of faculty, staff, and students acting as peer reviewers or participating in any academic activity requiring confidentiality of peer reviewer information would result in detrimental effects on academic research and the ability to retain quality faculty at the state s public postsecondary institutions. The Legislature finds that this exemption serves the public interest by providing greater protection for academic freedom for the faculty, staff, and students of state universities and Florida College System institutions and promoting the role of such institutions as dedicated environments for creativity, education, and research. Section 3. This act shall take effect upon becoming a law.