Florida Public Records

Florida government agencies are obligated by state and federal law to provide access to records in their custody upon receiving requests from members of the public. These records include information and materials that public bodies create, receive, and maintain concerning Floridan public affairs. However, records deemed confidential by law or court rules are not treated as public records and cannot be released to the public.

Access to government records ensures a free society and an accountable government. It also affords state residents the resources to conduct personal business and pursue legal causes.

There are specific processes for requesting Florida public records. The ideal procedure will depend on the type of record requested and the custodian responsible for dispensing it.

Are Florida Records Public?

Yes, the Florida Constitution and Public Records Act ensures that most records maintained by municipal, county, and state agencies are accessible to the public, with specific exceptions.

Florida law limits the public’s right to access government records to protect personal or sensitive information that may cause considerable harm when released to the public. However, public bodies will also restrict access to documents deemed confidential by other state laws, federal regulations, and court rules. Records sealed by court order are another category of records withheld from public access.

Examples of statutorily restricted information in Florida include:

Trade secrets
Sensitive personal information
Privileged communication
Internal deliberations and administrative documents of public bodies
Financial statements
Juvenile court proceedings
Sealed court records
Records of criminal proceedings or case information pertaining to a victim of abuse

Nonetheless, while the Florida Public Records Act permits public bodies to withhold exempted information, they cannot make such information the basis for restricting other publicly accessible documents. Fla. Stat.§ 119.07(d) also allows a custodian to redact parts of a record that should not be open to members of the public.

Florida Public Records Act

Chapter 119 of the Florida Statutes (Fla. Stat.§ 119), better known as the Florida Public Records Act or Florida Public Records Law, was passed by the state’s legislature to ensure the right of residents to inspect and copy Florida public records. Section 24, Article I of the Florida Constitution initially guaranteed access to government affairs.

The Florida Public Records Act outlines procedures and requirements for the public to access government records. The Act also establishes specific exemptions to protect sensitive and confidential information.

According to Fla. Stat. § 119.011(12), public records may be maintained in different formats, including books, papers, letters, maps, tapes, photographs, films, and other materials.

How Do I Find Public Records in Florida?

Members of the public looking to view or copy any Florida public record must verify if they are available, where they can obtain them, and the request process depending on the record custodian. In most cases, the steps for finding public records in Florida will be as follows:

**Specify the Type of Record Needed **

Record seekers must determine the record sought and the agency that dispenses it. This allows them to discover whether the related documents are available and ensures they can find other finer details, such as document format and means of request.

Contact the Government Entity Maintaining the Record

A public record may be in the custody of a state, county, or city department. For example, people seeking property records, such as deeds and liens, can contact the county clerk where a property is located.

Individuals can go to the custodian’s website to find their contact information and contact them for a public record. That way, they can learn everything they need about the records request process, including:

Records request options: Whether they can submit requests online, by mail or telephone, or in person
The information required to facilitate the search: This may include a name, unique identifier, case number, location or address
Reproduction options: The types of formats available for copying the record. For example, some records may exist as paper documents but can be reproduced and transferred electronically.
Fees: While Fla. Stat.§ 119.07(4) regulates fees for copying records, individuals are still advised to collect specific cost information from the respective agency. Additional charges will also apply for certification, multi-page duplication, etc.
Payment method: The particular means of payment accepted by an agency, such as checks or credit cards.

Find Florida Public Records Free

Viewing and inspecting Florida public records is free unless an individual requests copies of official records or requires certification. Government bodies in Florida provide resources, such as online search applications and databases, that aid members of the public in viewing these records without charge.

Some examples of these resources include the business entity search database provided by the Florida Department of State through its Division of Corporations, the Vehicle Information Check portal provided by the Florida Highway Safety and Motor Vehicles Department, and the Online Public Docket page for the state’s Supreme and Appeal Courts provided by the Florida judiciary. County officials, such as appraisers, clerks, and treasurers, also offer online resources for public records including property, tax, and court information.

Inquirers may also view records for free by making in-person queries to a record custodian. However, requesters requiring copies of the document will need to cover the cost of production.

What Happens if I Am Refused a Public Records Request?

In Florida, record custodians can reject public records requests if they find the requested information is restricted from public access. However, they must provide to the requester, in writing, the reasons for rejecting the request, citing the statutory exemption.

A requester can then initiate a civil proceeding to compel the public agency to release the record if unsatisfied with the explanation. During the proceeding, the court will review the request to determine whether the record qualifies for an exemption under any law or court rule.

Subsequently, the court will order the agency to produce the record for inspection or copying if it rules in favor of the requester.

How Long Does It Take to Obtain a Florida Public Record?

There is no statutorily fixed period for agencies to respond to public records requests in Florida. The Act only obligates record custodians to provide records “within a reasonable time.” Every agency has different timelines for reviewing, processing, and delivering requested documents. The duration can be affected by request complexity (in the case of old or nationwide searches) and volume.