THE BILL ITSELF
SB 7022
Public Records/Examination and Assessment Instruments
ENROLLED
2026
Legislature SB 7022 20267022er
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An act relating to public records; amending s.
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1008.23, F.S.; deleting a duplicative exemption from
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public records requirements for certain examination
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and assessment instruments; expanding an exemption
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from public records requirements for examination and
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assessment instruments to include such instruments
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when held by certain entities; requiring the State
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Board of Education and the Board of Governors to adopt
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rules and regulations, respectively, governing the
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retention and disposal process for specified records;
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deleting a provision requiring the State Board of
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Education and the Board of Governors to adopt certain
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rules and regulations, respectively, governing access
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to records; authorizing specified entities to disclose
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exempt information to certain entities; requiring
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specified entities to disclose confidential and exempt
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information in certain circumstances; providing
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construction; extending the scheduled repeal of the
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exemption; providing a statement of public necessity;
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providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Section 1008.23, Florida Statutes, is amended to
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read:
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1008.23 Confidentiality of assessment instruments.—
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(1) All examination and assessment instruments, including
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developmental materials and workpapers directly related thereto,
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which are prepared, prescribed, or administered pursuant to ss.
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1002.69, 1003.52, 1003.56, 1007.25, 1007.35, 1008.22, 1008.25,
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and 1012.56 shall be confidential and exempt from s. 119.07(1)
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and s. 24(a), Art. I of the State Constitution. Provisions
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governing access, maintenance, and destruction of such
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instruments and related materials shall be prescribed by rules
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of the State Board of Education.
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(2) (a) All examination and assessment instruments,
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including developmental materials and workpapers directly
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related thereto, which are held prepared, prescribed, or
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administered by a public school, a district school board, a
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Florida College System institution, a state university, a board
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of trustees, or the Department of Education , the State Board of
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Education, or the Board of Governors shall be confidential and
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exempt from s. 119.07(1) and s. 24(a), Art. I of the State
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Constitution.
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(b) The State Board of Education and the Board of Governors
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shall adopt rules and regulations, respectively, establishing
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retention schedules and a disposal process for the records
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described in paragraph (a) Provisions governing access,
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maintenance, and destruction of the instruments and related
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materials identified under paragraph (a) shall be prescribed by
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rules of the State Board of Education and regulations of the
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Board of Governors, respectively .
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(c)1. An entity listed in paragraph (a) may disclose the
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information made confidential and exempt from public records
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inspection and copying requirements by this section to any other
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entity listed in that paragraph.
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2. A public school, district school board, Florida College
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system institution, or state university must, upon request,
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disclose the information made confidential and exempt from
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public records inspection and copying requirements by this
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section to the Department of Education, the State Board of
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Education, or the Board of Governors.
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(d) Nothing in this section shall be construed to limit,
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abridge, or infringe on the rights of students and parents with
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respect to student records and education records pursuant to ss.
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1002.20 and 1002.22.
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(2) (3) This section is subject to the Open Government
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Sunset Review Act in accordance with s. 119.15 and shall stand
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repealed on October 2, 2031 2026 , unless reviewed and saved from
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repeal through reenactment by the Legislature.
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Section 2. The Legislature finds that it is a public
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necessity that examination and assessment instruments, including
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developmental materials and workpapers directly related thereto,
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which are held by a public school, a district school board, a
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Florida College System institution, a state university, a board
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of trustees, the Department of Education, the State Board of
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Education, or the Board of Governors be made confidential and
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exempt from s. 119.07(1), Florida Statutes, and s. 24(a),
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Article I of the State Constitution. Public schools and district
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school boards routinely develop, license, and administer
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recurring classroom, course, school, and district assessments,
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frequently drawing upon secure item banks and developmental
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materials used across schools and administrations. Public
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disclosure of test items, prompts, answer keys, scoring rubrics,
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item specifications, field-testing materials, and related
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developmental workpapers would enable cheating and academic
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dishonesty, compromise the validity and reliability of local
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assessments, undermine fair measurement of student learning and
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program effectiveness, and necessitate significant public
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expenditures to replace compromised instruments and rebuild
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secure item banks. The boards of trustees of Florida College
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System institutions and universities as well the State Board of
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Education and the Board of Governors oversee institutions that
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develop, license, and administer examinations and assessment
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instruments and in that role receive such information, which, if
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made public, would enable cheating and academic dishonesty,
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compromise the validity and reliability of examinations and
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assessments, undermine fair measurement of student learning and
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program effectiveness, and necessitate significant public
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expenditures to replace compromised instruments and rebuild
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secure item banks. As such, the Legislature finds that the harm
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that may result from the release of such examination and
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assessment instruments outweighs any public benefit that may be
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derived from disclosure.
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Section 3. This act shall take effect upon becoming a law.