Florida Senate - 2010 SB 2740
By Senator Thrasher
1 A bill to be entitled
2 An act relating to public records; amending s.
3 1008.23, F.S.; expanding a public-records exemption
4 for specified instructional assessments to include the
5 tests required for high school graduation and end-of
6 course assessments developed or acquired by local
7 school districts; providing for future legislative
8 review and repeal of the exemption under the Open
9 Government Sunset Review Act; providing a statement of
10 public necessity; providing a contingent effective
13 Be It Enacted by the Legislature of the State of Florida:
15 Section 1. Section 1008.23, Florida Statutes, is amended to
17 1008.23 Confidentiality of assessment instruments.—
18 (1) All examination and assessment instruments, including
19 developmental materials and workpapers directly related thereto,
20 which are prepared, prescribed, or administered pursuant to ss.
21 1003.428, 1003.429, 1003.43, 1008.22, 1008.222, and 1008.25
22 shall be confidential and exempt from the provisions of s.
23 119.07(1) and from s. 1001.52. Provisions governing access,
24 maintenance, and destruction of such instruments and related
25 materials shall be prescribed by rules of the State Board of
27 (2) This section is subject to the Open Government Sunset
28 Review Act in accordance with s. 119.15, and shall stand
29 repealed on October 2, 2015, unless reviewed and saved from
30 repeal through reenactment by the Legislature.
31 Section 2. The Legislature finds that it is a public
32 necessity to make confidential and exempt from public disclosure
33 the tests required for high school graduation and end-of-course
34 assessments that are developed or acquired by school districts
35 in order to preserve the integrity of the assessments and
36 prevent fraudulent misuse through unauthorized distribution.
37 Without the exemption, the ability of a local school district to
38 accurately measure student achievement would be significantly
39 compromised. The Legislature finds that this exemption from the
40 public-records law is necessary in order to ensure that local
41 school districts can effectively and efficiently fulfill their
42 mission in education and student learning.
43 Section 3. This act shall take effect on the same date that
44 SB ____ or similar legislation takes effect, if such legislation
45 is adopted in the same legislative session or an extension
46 thereof and becomes law.