Confidential Information and Florida Public Records Law

Security of confidential Information

Internal Audit projects often include the collection and examination of confidential information.  Records that are confidential pursuant to state and federal statutes, laws, rules and regulations include but are not limited to student records, information regarding the security programs for data and information technology resources, certain personnel records, and certain medical and law enforcement records.

To adhere to confidentiality provisions and other federal and state statutory exemptions from Florida’s public records laws, files and reports containing information that is confidential or exempt from public records laws will be maintained in a secure location in the Office of Internal Audit.  At all times, confidential information will be safeguarded from any unauthorized persons.

Public Records and Exemptions for Certain Internal Audit Projects

Florida’s Public Records law applies to state universities and to the internal audit function of the universities.  Once the report is released, audit workpapers are public documents. However, the public records exemptions identified below may apply to Internal Audit projects:

1. FS §119.071 (2)(c) 1 – Active criminal investigations.
2. FS 119.0713 (2) – Audit report & workpapers of an internal auditor of any public body corporate until the audit is complete and the audit report becomes final.  [Per FS § 1001.72(1) each state university board of trustees is a public body corporate.]
3. FS §112.3188 – Certain information provided under the Whistle-Blower’s Act, including the identity of the complainant, unless disclosure is necessary to prevent a substantial and specific danger or to prevent the imminent commission of a crime or the disclosure is absolutely necessary.
4. FS §1012.91(1)(b) – Any records maintained or information obtained pursuant to any investigation of misconduct of a University employee is confidential until the investigation ceases to be active.

Statutory references identified above are from the 2009 Florida Statutes, and may change from time to time as the Florida Statutes are revised by legislative action.

Requests for Information from Outside Parties

The Florida Gulf Coast University spokesperson coordinates all requests for University information that are received from outside parties.