Guidance for How to Comply with HB233

Regulation 4.040, the Student Conduct and Honor Code will be changing in December 2021. These changes are required to comply with the updated Florida Board of Governors Regulation (6.0105) as well as the recently enacted HB233 from the Florida Legislature.

Compliance was mandated as of July 1, 2021. The University will procedurally use the guidance below until the formal review, public comment, and passing of any updates to Regulation 4.040 in December 2021.

Overview of HB233 Guidance

How are Publish and Class Lecture Defined?

Publish: 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.

Class Lecture: 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.

Guidance for Recording a Class Lecture

Avoid Unauthorized Recordings:

A Student shall not make a video or audio Recording in class unless the Recording is limited to the Class Lecture and made for the following reasons: their 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. A Recording must not be Published without the prior express written consent of the Faculty or guest lecturer.

A Student shall not make a Recording in class, through any means over any medium, of anything other than a Class Lecture, including but not limited to the Recording of any assessment, clinical activity, lab, or student presentation. The Recording of any meeting or conversation in class between Students or between Students and Faculty or guest lecturer is strictly prohibited.

Do Not Share or Publish Recordings:

A Student, independently or with another person or other people, must not without express written authorization take, give, Publish, post or submit, transmit, or receive materials, information, or resources in any manner, through any medium, for the purpose of gaining or providing an improper academic advantage to any Student.

Guidance for Recordings Outside the Classroom

Avoid Invasion of Privacy and Unauthorized Recording:

Making, using, Publishing or distributing a Recording of a person in a location or situation in which that person has a Reasonable expectation of privacy and is unaware of the Recording or does not Consent to it; and any other conduct that constitutes an invasion of the privacy of another person under applicable Laws and Regulations. Such conduct includes, without limitation, unauthorized Recording of private conversations, images, meetings or activities.

Unauthorized Recording in class, or of an organizational or University meeting where there exists a legal expectation of privacy, and any use, disclosure, or Publishing of any such Recording. Students may make a Recording of Class Lectures for three (3) lawful reasons: for their own personal educational use, in connection with a complaint to the University, or as evidence in or preparation for a criminal or civil proceeding. A Recorded Class Lecture may not be Published without the prior express written consent of the Faculty or guest lecturer.