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B. “Public records” means all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business by any agency. 75-225; ss. 2006-1; s. 1, ch. 93-404; s. 4, ch. 2004-335; ss. 2018-2. The Florida Public Records Act lists the Information that would identify or locate a child who participates in a government-sponsored recreation program is exempt from s. 119.07(1) and s. 24(a), Art. Unlike other states, where in most cases there are a limited Is taken in a place that a reasonable person would expect to be private. 2006-158; s. 1, ch. ... 119.0712. Any information received from another state or federal regulatory, administrative, or criminal justice agency that is otherwise confidential or exempt pursuant to the laws of that state or pursuant to federal law. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. Legislative review of exemptions from public meeting and public records requirements. Portions former ss. Public records of an officer-elect shall be maintained in accordance with the policies and procedures of the public office to which the officer has been elected. I of the State Constitution. This paragraph is subject to the Open Government Sunset Review Act in accordance with s. 119.15 and shall stand repealed on October 2, 2022, unless reviewed and saved from repeal through reenactment by the Legislature. Any data, record, or document used directly or solely by a municipally owned utility to prepare and submit a bid relative to the sale, distribution, or use of any service, commodity, or tangible personal property to any customer or prospective customer is exempt from s. 119.07(1) and s. 24(a), Art. 90-344; s. 36, ch. 93-232; s. 3, ch. I of the State Constitution. 98-259; s. 128, ch. This exemption is remedial in nature and applies to such personal identifying information held by an agency before, on, or after the effective date of this exemption. 2016-28; s. 1, ch. An audit or investigation becomes final when the audit report or investigative report is presented to the unit of local government. 2004-335; s. 1, ch. 2011-115; s. 1, ch. The clerk of the court is not liable for the release of information that is required by the Florida Rules of Judicial Administration to be identified by the filer as confidential if the filer fails to make the required identification of the confidential information to the clerk of the court. 30, 31, ch. “Custodian of public records” means the elected or appointed state, county, or municipal officer charged with the responsibility of maintaining the office having public records, or his or her designee. The court shall determine whether the complainant requested to inspect or copy a public record or participated in the civil action for an improper purpose. In any civil action in which an exemption to this section is asserted, if the exemption is alleged to exist under or by virtue of s. 119.071(1)(d) or (f), (2)(d), (e), or (f), or (4)(c), the public record or part thereof in question shall be submitted to the court for an inspection in camera. The home addresses, telephone numbers, dates of birth, and photographs of current or former investigators or inspectors of the Department of Business and Professional Regulation; the names, home addresses, telephone numbers, dates of birth, and places of employment of the spouses and children of such current or former investigators and inspectors; and the names and locations of schools and day care facilities attended by the children of such current or former investigators and inspectors are exempt from s. 119.07(1) and s. 24(a), Art. As used in this subsection, the term “unit of local government” means a county, municipality, special district, local agency, authority, consolidated city-county government, or any other local governmental body or public body corporate or politic authorized or created by general or special law. If they fail to agree as to the appropriate charge, the charge shall be determined by the custodian of public records. 1, 2, ch. The exemption in this subsection includes the bid documents actually furnished in response to the request for bids. Social security numbers held by an agency may be disclosed if any of the following apply: The disclosure of the social security number is expressly required by federal or state law or a court order. 98-403; s. 2, ch. I of the State Constitution: Any information that reveals the identity of the victim of the crime of child abuse as defined by chapter 827 or that reveals the identity of a person under the age of 18 who is the victim of the crime of human trafficking proscribed in s. 787.06(3)(a). 2012-51. The Florida Public Records Act does not compel agencies to 2007-93; s. 1, ch. “Agency” means any state, county, district, authority, or municipal officer, department, division, board, bureau, commission, or other separate unit of government created or established by law including, for the purposes of this chapter, the Commission on Ethics, the Public Service Commission, and the Office of Public Counsel, and any other public or private agency, person, partnership, corporation, or business entity acting on behalf of any public agency. “Paratransit” has the same meaning as provided in s. 427.011. I of the State Constitution. I of the State Constitution. 2010-71; s. 1, ch. Protects information of a confidential nature concerning entities, including, but not limited to, a formula, pattern, device, combination of devices, or compilation of information which is used to protect or further a business advantage over those who do not know or use it, the disclosure of which information would injure the affected entity in the marketplace. 2004-335; s. 2, ch. Executive branch agency-specific exemptions from inspection or copying of public records. Public officials shall assist the division by preparing an inclusive inventory of categories of public records in their custody. This section does not prohibit the publication of such information to the general public by any news media legally entitled to possess that information or the use of such information for any other data collection or analysis purposes by those entitled to possess that information. Any information revealing the identity of a confidential informant or confidential source as provided in s. 119.071(2)(f). Payments by the responsible agency may include only the reasonable costs of enforcement, including reasonable attorney fees, directly attributable to a civil action brought to enforce the provisions of this chapter. Social security numbers held by an agency are confidential and exempt from s. 119.07(1) and s. 24(a), Art. Inspection and copying of records; photographing public records; fees; exemptions. An exemption contained in this chapter or in any other general or special law shall not limit the access of the Auditor General, the Office of Program Policy Analysis and Government Accountability, or any state, county, municipal, university, board of community college, school district, or special district internal auditor to public records when such person states in writing that such records are needed for a properly authorized audit, examination, or investigation. 2009-235; s. 1, ch. “Criminal intelligence information” means information with respect to an identifiable person or group of persons collected by a criminal justice agency in an effort to anticipate, prevent, or monitor possible criminal activity. 2000-164; s. 54, ch. Having a written record of your request will aid an appeal, “Attractions and recreation facility” means any sports, entertainment, amusement, or recreation facility, including, but not limited to, a sports arena, stadium, racetrack, tourist attraction, amusement park, or pari-mutuel facility that: Provides single-performance facilities; or. Each state agency which registers or licenses corporations, partnerships, or other business entities shall include, within its numbering system, the federal employer’s identification number of each corporation, partnership, or other business entity registered or licensed by it. 88-188; s. 26, ch. I of the State Constitution until such time as the agency provides notice of an intended decision concerning the reissued competitive solicitation or until the agency withdraws the reissued competitive solicitation. 2016-10; s. 1, ch. 91-45; s. 1, ch. The disclosure of the social security number is for the purpose of the administration of a pension fund administered for the agency employee’s retirement fund, deferred compensation plan, or defined contribution plan. If the ballots are being examined before the end of the contest period in s. 102.168, the supervisor of elections shall make a reasonable effort to notify all candidates by telephone or otherwise of the time and place of the inspection or examination. Some Federal Courts Post Audio Recordings Online, Service and Research at the Frontier of Media Law, DMLP Announcement: Live Chat Session on Tax-Exempt Journalism (UPDATED), A New Approach to Helping Journalism Non-Profits at the IRS, A statement that you are requesting records under the Florida Public Records Act, A clear description of the records that you are seeking, A demand that if your request is denied, the agency set out the exact statutory citation authorizing the denial as required by, file a complaint with your local state attorney (state 95-418; s. 3, ch. The home addresses, telephone numbers, dates of birth, and photographs of current or former emergency medical technicians or paramedics certified under chapter 401; the names, home addresses, telephone numbers, dates of birth, and places of employment of the spouses and children of such emergency medical technicians or paramedics; and the names and locations of schools and day care facilities attended by the children of such emergency medical technicians or paramedics are exempt from s. 119.07(1) and s. 24(a), Art. Whoever is entitled to custody of public records shall demand them from any person having illegal possession of them, who must forthwith deliver the same to him or her. To another governmental agency for use in the performance of its official duties and responsibilities. I of the State Constitution. Florida's Sunshine and Open Records laws require disclosure by government entities of information that might not otherwise be available through the discovery process. 90-211; s. 24, ch. s. 1, ch. Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. Steps to take when making a record request… These front line folks are the people the public necessarily has to deal with, and they should be trained to avoid obvious violations of the law. 95-207; s. 1, ch. request of a nature and volume that requires the agency to make (Open Meetings) and on Chapter 119 F.S. Knowingly violates the provisions of s. 119.07(1) is subject to suspension and removal or impeachment and, in addition, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. I of the State Constitution. 2020-170; s. 1, ch. For purposes of this paragraph, the term “victim” means a person killed or injured during an incident of mass violence, not including the perpetrator. I of the State Constitution. extensive use of information technology and/or staff time, the agency Florida began its tradition of openness back in 1909 with the passage of Chapter 119 of the Florida Statutes or the “Public Records Law.” This law provides that any records made or received by any public agency in the course of its official business are available for inspection, unless specifically exempted by the Florida Legislature. 2011-88; s. 7, ch. The home addresses, telephone numbers, dates of birth, and photographs of active or former sworn law enforcement personnel or of active or former civilian personnel employed by a law enforcement agency, including correctional and correctional probation officers, personnel of the Department of Children and Families whose duties include the investigation of abuse, neglect, exploitation, fraud, theft, or other criminal activities, personnel of the Department of Health whose duties are to support the investigation of child abuse or neglect, and personnel of the Department of Revenue or local governments whose responsibilities include revenue collection and enforcement or child support enforcement; the names, home addresses, telephone numbers, photographs, dates of birth, and places of employment of the spouses and children of such personnel; and the names and locations of schools and day care facilities attended by the children of such personnel are exempt from s. 119.07(1) and s. 24(a), Art. Any information revealing surveillance techniques or procedures or personnel is exempt from s. 119.07(1) and s. 24(a), Art. 2018-64; s. 1, ch. I of the State Constitution to the same extent as appraisals, other reports relating to value, offers, and counteroffers. 2003-16; s. 1, ch. 850410- -7676, email at . 2009-104; ss. Please refer to Chapter 119 in the Florida Statutes for additional information on fees associated with public records requests. 2018-120; s. 1, ch. 2017-11; s. 1, ch. Florida Department of State Office of the General Counsel Attn: Carlos A. Rey, Public Records Custodian 500 S. Bronough Street Tallahassee, Florida … 2007-251; s. 1, ch. For purposes of this paragraph, the term: “Home addresses” means the dwelling location at which an individual resides and includes the physical address, mailing address, street address, parcel identification number, plot identification number, legal property description, neighborhood name and lot number, GPS coordinates, and any other descriptive property information that may reveal the home address. I of the State Constitution; Exempt from s. 119.07(1) or s. 286.011; and. Public records shall be maintained and preserved as follows: All public records should be kept in the buildings in which they are ordinarily used. A complaint of misconduct filed with an agency against an agency employee and all information obtained pursuant to an investigation by the agency of the complaint of misconduct is confidential and exempt from s. 119.07(1) and s. 24(a), Art. The home addresses, dates of birth, and telephone numbers of general magistrates, special magistrates, judges of compensation claims, administrative law judges of the Division of Administrative Hearings, and child support enforcement hearing officers; the names, home addresses, telephone numbers, dates of birth, and places of employment of the spouses and children of general magistrates, special magistrates, judges of compensation claims, administrative law judges of the Division of Administrative Hearings, and child support enforcement hearing officers; and the names and locations of schools and day care facilities attended by the children of general magistrates, special magistrates, judges of compensation claims, administrative law judges of the Division of Administrative Hearings, and child support enforcement hearing officers are exempt from s. 119.07(1) and s. 24(a), Art. The request must specify the identification page number of the record that contains the number to be redacted. However, the exemption for the bid documents submitted no longer applies after the bids are opened by the customer or prospective customer. This exemption no longer applies after the contract for sale, distribution, or use of the service, commodity, or tangible personal property is executed, a decision is made not to execute such contract, or the project is no longer under active consideration. Provides parking spaces for more than 1,000 motor vehicles; or. There is no prescribed form for the letter, but your letter should contain the following elements, as appropriate: Alternatively, you might find the Florida First Amendment Foundation's sample request letter a useful guide for writing your own letter. Florida Law requires government agencies to provide public records in the format requested if the records already exist in that format. A person who has custody of a public record who asserts that an exemption applies to a part of such record shall redact that portion of the record to which an exemption has been asserted and validly applies, and such person shall produce the remainder of such record for inspection and copying. Table Tracing Session Laws to Florida Statutes (2020) [PDF] Table of Section Changes (2020) ... public records; request for contractor records; civil action. 2001-266; s. 1, ch. 96-178; s. 41, ch. “Information technology resources” means data processing hardware and software and services, communications, supplies, personnel, facility resources, maintenance, and training. 2001-364; s. 1, ch. This exemption applies to such confidential and exempt criminal intelligence information or criminal investigative information held by a law enforcement agency before, on, or after the effective date of the exemption. 2005-213; s. 41, ch. 2016-49; s. 1, ch. I of the State Constitution. To another governmental agency in the furtherance of its official duties and responsibilities. For information about obtaining public records, please call 850-245-9759 or send an email to PRR@fldoe.org.. Florida Department of Education The Florida Public Records Act does not compel agencies to respond to requests within a specific time limit, but the courts have held that an agency is required to respond within a "reasonable" time to locate the records … Any public official who causes a record book to be copied shall attest and certify under oath that the copy is an accurate copy of the original book. If the court finds that the asserted exemption is not applicable, it shall order the public record or part thereof in question to be immediately produced for inspection or copying as requested by the person seeking such access. Without the express consent of the person to whom such emergency contact information applies, the emergency contact information contained in a motor vehicle record may be released only to law enforcement agencies for purposes of contacting those listed in the event of an emergency. A criminal justice agency may disclose such information: To assist in locating or identifying the witness if the agency believes the witness to be missing or endangered. This exemption does not supersede any federal law prohibiting the release of social security numbers or any other applicable public records exemption for social security numbers existing prior to May 13, 2002, or created thereafter. If a valid option contract is not executed, or if a written offer to sell is not conditionally accepted by the agency, then the exemption shall expire at the conclusion of the condemnation litigation of the subject property. This exemption applies to social security numbers held by an agency before, on, or after the effective date of this exemption. The home addresses, telephone numbers, dates of birth, and photographs of current or former personnel employed in an agency’s office of inspector general or internal audit department whose duties include auditing or investigating waste, fraud, abuse, theft, exploitation, or other activities that could lead to criminal prosecution or administrative discipline; the names, home addresses, telephone numbers, dates of birth, and places of employment of spouses and children of such personnel; and the names and locations of schools and day care facilities attended by the children of such personnel are exempt from s. 119.07(1) and s. 24(a), Art. Any information that can be used to identify a petitioner or respondent in a petition for an injunction against domestic violence, repeat violence, dating violence, sexual violence, stalking, or cyberstalking, and any affidavits, notice of hearing, and temporary injunction, is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. s. 2, ch. An agency may charge up to $1 per copy for a certified copy of a public record. 2016-95; s. 1, ch. does not require a custodian of public records to create a record in 2003-157; ss. 85-301; s. 2, ch. Medical information pertaining to a prospective, current, or former officer or employee of an agency which, if disclosed, would identify that officer or employee is exempt from s. 119.07(1) and s. 24(a), Art. Note that the law only applies to existing documents. If an exemption is alleged to exist under or by virtue of s. 119.071(2)(c), an inspection in camera is discretionary with the court. Where provision of another room or place for photographing is required, the expense of providing the same shall be paid by the person desiring to photograph the public record pursuant to paragraph (4)(e). Overview of Florida’s Public Records Law. 5942, 1909; RGS 424; CGL 490; s. 1, ch. If the court determines there was an improper purpose, the court may not assess and award the reasonable costs of enforcement, including reasonable attorney fees, to the complainant, and shall assess and award against the complainant and to the agency the reasonable costs, including reasonable attorney fees, incurred by the agency in responding to the civil action. The agreement must restrict the release of any information that would permit the identification of persons, limit the use of records or data to the approved research protocol, and prohibit any other use of the records or data. 2000-164; s. 1, ch. Any information provided to an agency for the purpose of forming ridesharing arrangements, which information reveals the identity of an individual who has provided his or her name for ridesharing, as defined in s. 341.031, is exempt from s. 119.07(1) and s. 24(a), Art. “Body camera” means a portable electronic recording device that is worn on a law enforcement officer’s body and that records audio and video data in the course of the officer performing his or her official duties and responsibilities. “Identification and location information” means the: Home address, telephone number, and date of birth of a servicemember, and the telephone number associated with a servicemember’s personal communication device. An officer, an employee, a justice, a judge, or other person specified in subparagraph 2. may submit a written request for the release of his or her exempt information to the custodial agency. The name, sex, age, and address of a person arrested or of the victim of a crime except as provided in s. 119.071(2)(h) or (o). If the person who has custody of a public record contends that all or part of the record is exempt from inspection and copying, he or she shall state the basis of the exemption that he or she contends is applicable to the record, including the statutory citation to an exemption created or afforded by statute. I of the State Constitution. Any state agency may maintain a dual numbering system in which the federal employer’s identification number or the state agency’s own number is the primary identification number; however, the records of such state agency shall be designed in such a way that the record of any business entity is subject to direct location by the federal employer’s identification number. A public record that was prepared by an agency attorney (including an attorney employed or retained by the agency or employed or retained by another public officer or agency to protect or represent the interests of the agency having custody of the record) or prepared at the attorney’s express direction, that reflects a mental impression, conclusion, litigation strategy, or legal theory of the attorney or the agency, and that was prepared exclusively for civil or criminal litigation or for adversarial administrative proceedings, or that was prepared in anticipation of imminent civil or criminal litigation or imminent adversarial administrative proceedings, is exempt from s. 119.07(1) and s. 24(a), Art. An investigation is active if it is continuing with a reasonable, good faith anticipation of resolution and with reasonable dispatch. See chapter 119, section 1 of the Florida Statutes Fla. Stat. The request must be delivered by mail, facsimile, or electronic transmission or in person to the clerk of the court. 85-53; s. 1, ch. 95-399; s. 121, ch. 89-29; s. 7, ch. Methods of records … For purposes of this sub-subparagraph, the term “addiction treatment facility” means a county government, or agency thereof, that is licensed pursuant to s. 397.401 and provides substance abuse prevention, intervention, or clinical treatment, including any licensed service component described in s. 397.311(26). Must retain a body camera recording for at least 90 days decisional law↓ 30-day review.... Provisions of this exemption expressly provided the health or life of the social security number requirement shall in. Confession of a confidential informant or confidential section provides for the same as... Employee expressly consents in writing to the same extent as appraisals, other relating. Act does not apply to an exemption under this section provides for the bid documents no... 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