Frequently Asked Questions from Students about HB233

No. As long as you are enrolled in the class and are recording the class lecture only. You may record for one of 3 legal reasons: your own personal educational use, in connection with a complaint to the University, or as evidence in or in preparation for a criminal or civil proceeding.

Class lectures are: "An educational presentation delivered by Faculty or guest lecturer, as part of a University of Florida course, intended to inform or teach enrolled students about a particular subject. Class Lecture does not include lab sessions, student presentations, clinical presentations such as patient history, academic exercises involving student participation, assessments (quizzes, tests, exams), field trips, private conversations between Students in the class or between a Student and the Faculty or guest lecturer during a class session. "

No. The definition of class lecture does not include other classroom activities such as class discussion. A class lecture also does not include student presentations (whether individually or part of a group), lab sessions, clinical presentations such as patient history, academic exercises involving student participation, assessments (quizzes, texts, exams), field trips, or private conversations between students, or between a student and faculty during a class session. These activities may not be recorded without the express consent of all participants. Your faculty member or instructor may or may not announce when the lecture portion of a class has ended, but it is up to you to ensure that you do not record at an impermissible time.

No, not without the faculty member's prior express written consent. While you may record the class lecture, you may not publish the recording without permission. In this context, the word “publish” means to share, transmit, circulate, distribute, or provide access to a Recording, regardless of format or medium, to another person (or persons), including but not limited to another student within the same class section. Additionally, a Recording, or transcript of the Recording, is considered to be Published if it is posted on or uploaded to, in whole or part, any media platform, including but not limited to social media, website, book, magazine, newspaper or leaflet.

No, not without the faculty member's prior express written consent.

Yes. You my share the recording with University of Florida Officials or State and Federal government officials in connection with a complaint made to or against the university, or you may publish the recording as evidence during civil or criminal legal proceeding.

If you wish to make a complaint to the University, you may do so by contact the University of Florida Ombudsman by completing this online form or by calling 352-392-1308.

If you do share or publish your recording of a class lecture without the faculty member’s prior written permission, and it is not in connection with a university complaint or as evidence in a criminal or civil legal proceeding, you could face significant legal consequences. Per HB 233, your unauthorized use of the recording allows the faculty member to pursue legal damages in court, including attorneys’ fees, totaling as much as $200,000.00.

Additionally, you may be referred to the Office of Student Conduct and Conflict Resolution for potential violation of the Student Conduct and Honor code as outlined in the Orange Book (Regulation 4.040).

If you have an accommodation through the Disability Resource Center (DRC) to record class activities, that will not change. However, you should be sure not to share the recordings without the faculty member’s prior written consent.

Please contact your learning specialist in the DRC with any questions about your accommodations.