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

National Collegiate Athletic Ass'n v. Associated Press

18 So. 3d 1201, 37 Media L. Rep. (BNA) 2400, 2009 Fla. App. LEXIS 14605, 2009 WL 3128743

District Court of Appeal of Florida | Filed: Oct 1, 2009 | Docket: 374769

Cited 13 times | Published

FERPA is incorporated into Florida law by section 1006.52(1), Florida Statutes (2009), which provides

Rhea v. District Board of Trustees

109 So. 3d 851, 2013 WL 950544, 2013 Fla. App. LEXIS 4073

District Court of Appeal of Florida | Filed: Mar 13, 2013 | Docket: 60229822

Cited 6 times | Published

accordance with and as permitted by the FERPA.” § 1006.52(2), Fla. Stat. (2009). The Legislature has adopted

Knight News, Inc. v. University of Central Florida

200 So. 3d 125, 44 Media L. Rep. (BNA) 2638, 2016 WL 1385921, 2016 Fla. App. LEXIS 5422

District Court of Appeal of Florida | Filed: Apr 8, 2016 | Docket: 3054139

Published

appointment as student government officers. Section 1006.52(1), Florida Statutes (2012), creates an exemption

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