Florida Statute 1006.52 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVIII
EARLY LEARNING-20 EDUCATION CODE

Chapter 1006
SUPPORT FOR LEARNING

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1006.52 Education records and applicant records; public records exemption.—

(1) Each public postsecondary educational institution may prescribe the content and custody of records that the institution may maintain on its students and applicants for admission. A student’s education records, as defined in the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. s. 1232g, and the federal regulations issued pursuant thereto, and applicant records are confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. For the purpose of this subsection, applicant records are records that are:

(a) Directly related to an applicant for admission to a public postsecondary educational institution who has not been in attendance at the institution; and

(b) Maintained by a public postsecondary educational institution or by a party acting on behalf of the public postsecondary educational institution.

(2)(a) A public postsecondary educational institution may not release a student’s education records without the written consent of the student to any individual, agency, or organization, except in accordance with and as permitted by the FERPA.

(b) Education records released by public postsecondary educational institutions to the Auditor General or the Office of Program Policy Analysis and Government Accountability, which are necessary for such agencies to perform their official duties and responsibilities, must be used and maintained by the Auditor General and the Office of Program Policy Analysis and Government Accountability in accordance with the FERPA.

History.—s. 322, ch. 2002-387; s. 2, ch. 2009-240; s. 1, ch. 2014-11.

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Amendments to 1006.52

Annotations, Discussions, Cases:

Cases Citing Statute 1006.52

Total Results: 3 | Sort by: Relevance | Newest First

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Nat'l Collegiate Athletic Ass'n v. Associated Press, 18 So. 3d 1201 (Fla. 1st DCA 2009).

Cited 13 times | Published | Florida 1st District Court of Appeal | 37 Media L. Rep. (BNA) 2400, 2009 Fla. App. LEXIS 14605, 2009 WL 3128743

...Instead, it operates to deprive an educational institution of its eligibility for federal funding if its policies or practices run afoul of the rights of access and privacy protected by the law. As it is pertinent here, FERPA is incorporated into Florida law by section 1006.52(1), Florida Statutes (2009), which provides that "[a] student's education records, as defined in the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C....

...). Because the names of all students were redacted from the transcript and response, we conclude that these documents do not disclose education records as defined in FERPA, and that the documents do not therefore fall within the exemption created by section 1006.52(1), Florida Statutes....

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Rhea v. Dist. Bd. of Trs., 109 So. 3d 851 (Fla. 1st DCA 2013).

Cited 6 times | Published | Florida 1st District Court of Appeal | 2013 WL 950544, 2013 Fla. App. LEXIS 4073

...exemption provides that “[a] public postsecondary educational institution may not release a student’s education records without the written consent of the student to any individual ..., except in accordance with and as permitted by the FERPA.” § 1006.52(2), Fla....

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Knight News, Inc. v. Univ. of Cent. Florida, 200 So. 3d 125 (Fla. 5th DCA 2016).

Published | Florida 5th District Court of Appeal | 44 Media L. Rep. (BNA) 2638, 2016 WL 1385921, 2016 Fla. App. LEXIS 5422

...tion, and/or appointment as student government officers. 1 UCF did not file a cross-appeal with regard to the single count in which the trial court ruled in KNI’s favor. 2 Section 1006.52(1), Florida Statutes (2012), creates an exemption to Florida’s Public Records Law, found in Chapter 119, Florida Statutes (2012), for students’ “education records,” which states in pertinent part: A student’...

...Educational Rights and Privacy Act (FERPA), 20 U.S.C. s. 1232g, and the federal regulations issued pursuant thereto, . . . are confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. § 1006.52(1), Fla....