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presented "evidence to meet its burden that the records are exempt" under s. 119.071(2) (c), F.S.;
therefore, an "in camera inspection by the lower court is ... required so that the trial judge will
have a factual basis to decide if the records are exempt...." See also Garrison v. Bailey, 4 So. 3d
683 (Fla. 1st DCA 2009). CompareAlthouse v. Palm Beach County Sheriff's Office, 89 So. 3d 288,
289 (Fla. 4th DCA 2012) (while trial court's failure to conduct an in camera inspection usually
constitutes reversible error, in this case petitioner objected to an inspection and thereby precluded
judge from conducting "an intelligent review of the documents;" accordingly, appellate court was
"compelled to affirm" trial court's denial of a petition seeking documents relating to a pending
criminal investigation). Cf. Jordan v. School Board of Broward County, 531 So. 2d 976 (Fla. 4th
DCA 1988) (trial court's failure to conduct an in camera inspection of a file containing alleged
exempt attorney work product was deemed to be an invalid basis for a new trial when neither
party requested an in camera inspection, and the agency's attorney made no objection at trial).
(4) Mootness
In Puls v. City of Port St. Lucie, 678 So. 2d 514 (Fla. 4th DCA 1996), the court, noting
that "[p]roduction of the records after the [public records] lawsuit was filed did not moot the
issues raised in the complaint," remanded the case for an evidentiary hearing on whether there
was an unlawful refusal of access to public records. See also Times Publishing Company V. City
of St. Petersburg, 558 So. 2d 487, 491 (Fla. 2d DCA 1990) (while courts do not ordinarily
resolve disputes unless a case or controversy exists, "since the instant situation is capable of
repetition while evading review, we find it appropriate to address the issues before us concerning
applicability of the Public Records Act for future reference"); Mazer v. Orange County, 811 So.
2d 857, 860 (Fla. 5th DCA 2002) ("the fact that the requested documents were produced in
the instant case after the action was commenced, but prior to final adjudication of the issue
by the trial court, does not render the case moot or preclude consideration of [the petitioner's]
entitlement to fees under the statute"); Grapski v. City of Alachua, 31 So. 3d 193 (Fla. 1st DCA
2010), review denied, 47 So. 3d 1288 (Fla. 2010) (because damage occurred when city refused to
produce canvassing board minutes until approved by city commission, production after the fact
did nothing to mollify appellants' injury and therefore issue was not moot as city's refusal "denied
any realistic access for the only purpose appellants sought to achieve --review of the Minutes
before the Commission meeting."); and Schweickert v. Citrus County, Florida Board, 193 So. 3d
1075, 1079 (Fla. 5th DCA 2016) ("We agree that Appellant's case was not rendered moot simply
because the Board produced the requested documents after the filing of the initial complaint but
prior to filing the amended complaint"). Compare, State v. Ingram, 170 So. 3d 727 (Fla. 2015)
(opinion of district court of appeal holding that prison inmate was entitled to unredacted version
of videotaped statement of minor victim vacated following State's uncontested representation at
oral argument before the Supreme Court that the videotape does not exist).
Similarly, in Microdecisions, Inc. v. Skinner, 889 So. 2d 871 (Fla. 2d DCA 2004), review
denied, 902 So. 2d 791 (Fla. 2005), cert. denied, 126 S.Ct. 746 (2005), the court found that
a public records lawsuit over a custodian's requirement that a commercial company obtain a
licensing agreement before using the records did not become moot when the custodian provided
the company with the requested data after the lawsuit was filed. Because the data was delivered
subject to a condition that it was for personal use only, a controversy remained concerning the
validity of the custodian restriction on the use of the data. And see Southern Coatings, Inc. V. City
of Tamarac, 916 So. 2d 19 (Fla. 4th DCA 2005) (federal court's dismissal of pendent claims based
on state public records law is not a judgment on the merits and, therefore, not res judicata in a
subsequent lawsuit in state court).
(5) Stay
If the person seeking public records prevails in the trial court, the public agency must
comply with the court's judgment within 48 hours unless otherwise provided by the trial court
or such determination is stayed within that period by the appellate court. Section 119.11(2), F.S.
An automatic stay shall exist for 48 hours after the filing of a notice of appeal for public records
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and public meeting cases, which stay may be extended by the lower tribunal or the court on
motion. Fla. R. App. P. 9.310(b)(2).
C. Attorney fees and costs
Section 119.12, F.S., provides authority for an award of attorney fees and reasonable costs
in civil actions filed to enforce the provisions of the Public Records Act, provided that certain
conditions are met. Cf. Department of Health and Rehabilitative Services v. Martin, 574 So. 2d
1223 (Fla. 3d DCA 1991) (error to award attorney's fees where order requiring production of
records was entered pursuant to Adult Protective Services Act, rather than the Public Records
Act); and Downs v. Austin, 559 So. 2d 246 (Fla. 1st DCA 1990), review denied, 574 So. 2d 140
(Fla. 1990) (s. 119.12, F.S., does not constitute authority for the award of attorney's fees for
efforts expended to obtain the fee provided by that statute). And see State, Department of Economic
Opportunity v. Consumer Rights, LLC, 181 So. 3d 1239 (Fla. 1st DCA 2015), rejecting appellee's
argument that the requirements in s. 284.30, F.S. (establishing procedures to be followed by those
seeking to have attorney's fees paid by the state or any of its agencies) are inapplicable to public
records cases. Cf. AGO 16-16 (hospital district not authorized to reimburse an individual board
member's attorney fees incurred by her in responding to a public records request pertaining to her
board service when no suit, claim, charge or action has been instituted against the commissioner
during the time the attorney fees were incurred).
A successful pro se litigant may recover reasonable costs under this section. Weeks v. Golden,
764 So. 2d 633 (Fla. 1st DCA 2000); Wisner v. City of Tampa Police Department, 601 So. 2d 296
(Fla. 2d DCA 1992). And see Weeks v. Golden, 846 So. 2d 1247 (Fla. 1st DCA 2003) (awarding
costs associated with postage, envelopes and copying, as well as filing and service of process fees,
incurred by inmate who prevailed in public records lawsuit). Accord Yasir v. Forman, 149 So. 3d
107 (Fla. 4th DCA 2014).
As amended in 2017, s. 119.12(1), F.S., provides that, if a civil action is filed against an
agency to enforce the provisions of this chapter the court shall assess and award the reasonable
costs of enforcement including reasonable attorney fees against the responsible agency if the
court determines that the agency unlawfully refused to permit a public record to be inspected or
copied and the complainant provided written notice of the public records request to the agency's
custodian of public records at least 5 business days before filing the civil action.
However, notice is not required if the agency fails to prominently post the contact
information for the agency's custodian of public records in the agency's primary administrative
building in which public records are routinely created, sent, received, maintained, and requested
and on the agency's website, if the agency has a website. Section 119.12 (2), F.S.
The court must also determine whether the complainant made the public records request
or participated in the civil action for an improper purpose. Section 119.12(3), F.S. If the court
determines that there was an improper purpose, the court may not award attorney fees or the
costs of enforcement, 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. Id. The term "improper purpose" means "a request to inspect
or copy a public record or to participate in the civil action primarily to cause a violation of this
chapter or for a frivolous purpose." Id.
Section 119.12, F.S., is designed to encourage voluntarily compliance with the requirements
of Ch. 119, F.S. "If public agencies are required to pay attorney's fees and costs to parties who
are wrongfully denied access to the records of such agencies, then the agencies are less likely to
deny proper requests for documents." New York Times Company v. PHH Mental Health Services,
Inc., 616 So. 2d 27, 29 (Fla. 1993). Stated another way, the statute "has the dual role of both
deterring agencies from wrongfully denying access to public records and encouraging individuals
to continue pursuing their right to access public records." Board of Trustees, Jacksonville Police &
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Fire Pension Fund v. Lee, 189 So. 3d 120, 125 (Fla. 2016). There is no additional requirement
that the court find that the "public agency did not act in good faith, acted in bad faith or acted
unreasonably." Lee, 189 So. 3d at 122. However, as noted previously, s. 119.12, F.S., was
amended in 2017, to add other conditions which must be met prior to an award of fees and costs
under this statute.
An "unlawful refusal" may include unlawful conditions or requirements for obtaining
public records. As the Supreme Court explained in Lee: "Unlawful conditions or excessive,
unwarranted special service charges deter individuals seeking public records from gaining access
to the records to which they are entitled .... Even if not malicious or done in bad faith,
the Pension Fund's actions—which were found be unlawful --had the effect of frustrating Lee's
constitutional right to access public records and required him to turn to the courts to vindicate
that right." Lee, 189 So. 3d at 129-130.
An "unjustified failure to respond to a public records request until after an action has been
commenced to compel compliance amounts to an unlawful refusal" for purposes of s. 119.12,
F.S. Weeks v. Golden, 764 So. 2d 633 (Fla. 1st DCA 2000). See also Mazer v. Orange County,
811 So. 2d 857, 860 (Fla. 5th DCA 2002) ("[T]he fact that the requested documents were
produced in the instant case after the action was commenced, but prior to final adjudication
of the issue by the trial court, does not render the case moot or preclude consideration of [the
petitioner's] entitlement to fees under the statute.); Barfield v. Town ofEatonville, 675 So. 2d 223,
224 (appellant entitled to attorney's fees because "[t]he evidence clearly establishes that it was
only after the appellant filed a lawsuit that the documents he had previously sought by written
request to the Town were finally turned over to him); Promenade D'Iberville, LLC v. Sundy, 145
So. 3d 980, 984 (Fla. 1st DCA 2014) ") (an agency's "production of the records on the eve of
the enforcement hearing did not cure its unjustified delay"); and Schweickert v. Citrus County,
Florida Board, 193 So. 3d 1075, 1080 (Fla. 5th DCA 2016) (county's failure to produce a
complaint alleging inappropriate conduct by a county commissioner until litigation was filed
was an unlawful refusal because the exemption for records relating to an investigation of alleged
discrimination did not apply to the complaint; court rejected the county's argument that the
delay was justified because the investigation into the complaint might have ultimately produced
records which related to discriminatory behavior).
Stated another way, a delay in disclosing records can rise to the level of a refusal if "there
was no good reason for the delay." Consumer Rights, LLC v. Union County, 159 So. 3d 882, 885
(Fla. 1st DCA 2015), review denied, 177 So. 3d 1264 (Fla. 2015). For example, in Barfield v.
Town ofEatonville, 675 So. 2d 223 (Fla. 5th DCA 1996), the court held that a town was liable for
attorney's fees even if the delay in providing records was due to either the intentional wrongdoing
or ineptitude of its clerk. And see Office of the State Attorney for the Thirteenth Judicial Circuit of
Florida v. Gonzalez, 953 So. 2d 759 (Fla. 2d DCA 2007) (attorney's fees authorized even if failure
to turn over the records was due to a mistake or ineptitude). Cf. Hewlings v. Orange County,
Florida, 87 So. 3d 839 (Fla. 5th DCA 2012) (the mere fact that a county quickly responded to
public records request via voicemail and fax is not dispositive of whether the county's 45 -day
delay in complying with the request was justified).
"However, it is equally clear that a delay does not in and of itself create liability under
s. 119.12, F.S." Consumer Rights, LLC v. Union County, 159 So. 3d at 885. See also Lilker v.
Suwannee Valley Transit Authority, 133 So. 3d 654, 655 (Fla. 1st DCA 2014) (where delay is the
issue, the court must determine whether the delay was justified under the facts of the particular
case). Cf. Citizens Awareness Foundation, Inc. v. Wantman Group, Inc., 195 So. 3d 396, 401
(Fla. 4th DCA 2016) ("The public records law should not be applied in a way that encourages
the manufacture of public records requests designed to obtain no response, for the purpose of
generating attorney's fees.").
As to calculation of the reasonable costs of enforcement including reasonable attorney fees
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to which the prevailing party is entitled, "the trial judge is in a better position than the appellate
court to make "a factual determination regarding the objectives sought by the [prevailing party],
the extent of statutory enforcement obtained, and the time expended in achieving those results."
Daniels v. Bryson, 548 So. 2d 679, 682 (Fla. 3d DCA 1989). However, where the contract
between the client and attorney provided that the attorney would be compensated on a flat
hourly basis regardless of the outcome at trial, the trial court erred in awarding an enhanced fee
based upon a contingency risk multiplier. Id. And see Grapski v. City of Alachua, 134 So. 3d 987
(Fla. 1st DCA 2012), review denied, 118 So. 3d 220 (Fla. 2012) (the trial court's findings of fact
on the issue of attorney's fees are presumed correct; the standard of review is abuse of discretion).
A different rule has been applied when it is unclear whether a private corporation is an
"agency" for purposes of the Public Records Act. Section 119.12, F.S., "was not intended to
force private entities to comply with the inspection requirements of chapter 119 by threatening
to award attorney's fees against them." New York Times Company v. PHH Mental Health Services,
Inc., 616 So. 2d 27, 29 (Fla. 1993). Accord Fox v. News -Press Publishing Company, Inc., 545 So.
2d 941 (Fla. 2d DCA 1989).
Thus, attorney fees "are not warranted when the [private] entity in charge of the public
records at issue was reasonably and understandably unsure of its status as an agency." Lee v.
Board of Trustees, Jacksonville Police & Fire Pension Fund, 113 So. 3d 1010 (Fla. 1st DCA 2013),
approved, 189 So. 3d 120 (Fla. 2016). And see Economic Development Commission v. Ellis, 178 So.
3d 118, 123 (Fla. 5th DCA 2016) ("attorney's fees should not be awarded in those cases where
the party refusing to provide documents acted on the good -faith belief that it was not an agent,
subject to compliance with the [Public Records] Act").
Attorney fees may also be awarded for a successful appeal of a denial of access, provided
that at the time of appeal a motion is filed in accordance with the appellate rules. Downs v. Austin,
supra. And see Office of the State Attorney v. Gonzalez, supra (where motion seeking appellate
attorney fees is granted by appellate court and remanded only for calculation of such fees, lower
court required to follow court's mandate without further consideration); and Cf Johnson v. Jarvis,
107 So. 3d 428 (Fla. 1st DCA 2012) (trial court erred in denying motion for costs based on
appellant's failure to comply with the notice requirement in s. 284.30, ES; "[f]or purposes of
appellate costs, the appellant was the prevailing party ... and is entitled to an award of his costs
incurred therein").
Appellate attorney fees were also considered in State Attorney's Office of the Seventeenth
Judicial Circuit v. Cable News Network, Inc., 43 F.L.W. 1799 (Fla. 4th DCA 2018). In that case,
the court denied the media's request for appellate attorney's fees from the state attorney's office
and school board. The agencies had appealed the lower court's order allowing the media to access
certain video footage taken by security cameras at a high school where a gunman killed students
and staff. Although the media prevailed in the appeal, the court observed that the video footage
was confidential security information under s. 119.071(3) (a), F.S. The media obtained access
because a judge found "good cause" to release the video footage as authorized by a statutory
exception to the confidentiality provision. Thus, the school board's conduct was not `unlawful'
for purposes of s.119.12(1)(a), F.S. Additionally, the court refused to award fees against the state
attorney because the state attorney was not the custodian of the records at issue; the state attorney
was only an intervenor in the lawsuit below.
3. Criminal and noncriminal infraction penalties
Section 119.10 (1) (b), F.S., states that a public officer who knowingly violates the provisions
of s. 119.07(1), F.S., is subject to suspension and removal or impeachment and commits a
misdemeanor of the first degree, punishable by possible criminal penalties of one year in prison,
or $1,000 fine, or both. See State v. Webb, 786 So. 2d 602 (Fla. 1st DCA 200 1) (s. 119.10[1] [b]
authorizes a conviction for violating s. 119.07 only if a defendant is found to have committed
such violation "knowingly"; statute cannot be interpreted as allowing a conviction based on mere
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negligence).
Section 119.10(1)(a), F.S., provides that a violation of any provision of Ch. 119, F.S.,
by a public officer is a noncriminal infraction, punishable by fine not exceeding $500. Cf.
s. 838.022(1)(b), F.S. (unlawful for a public servant or public contractor, to knowingly and
intentionally obtain a benefit for any person or to cause unlawful harm to another, by concealing,
covering up, destroying, mutilating, or altering any official record or official document, except
as authorized by law or contract, or causing another person to perform such an act).
A state attorney may prosecute suits charging public officials with violations of the Public
Records Act, including those violations which may result in a finding of guilt for a noncriminal
infraction. AGO 91-38.
I. MAINTENANCE, STORAGE AND RETENTION REQUIREMENTS
1. Maintenance and storage of records
All public records should be kept in the buildings in which they are ordinarily used.
Section 119.021(1)(a), F.S. Moreover, insofar as practicable, a custodian of public records of
vital, permanent, or archival records shall keep them in fireproof and waterproof safes, vaults, or
rooms fitted with noncombustible materials and in such arrangement as to be easily accessible
for convenient use. Section 119.021(1)(b), F.S. Records that are in need of repair, restoration,
or rebinding may be authorized by the head of the governmental entity to be removed from the
building or office in which such records are ordinarily kept for the length of time required to
repair, restore, or rebind them. Section 119.021(1)(c), F.S.
Thus, public records may not routinely be removed from the building or office in which
such records are ordinarily kept except for official purposes. AGO 93-16. The retention of
such records in the home of a public official would appear to circumvent the public access
requirements of the Public Records Act and compromise the rights of the public to inspect and
copy such records. Id. And see AGO 04-43 (mail addressed to city officials at City Hall and
received at City Hall should not be forwarded unopened to the private residences of the officials,
but rather the original or a copy of the mail that constitutes a public record should be maintained
at city offices); and AGO 07-14 ("Although the Public Records Law does not prescribe a location
at which public records must be maintained, it does suggest that such records be kept where
they are ordinarily used"). Cf. Inf. Op. to Sola, March 9, 2010 (municipal election records
are municipal records which should be maintained by city even though election conducted by
county supervisor of elections) and AGO 88-26 (while Ch. 119, F.S., does not require a county to
transport microfilmed copies of public records maintained in a storage facility outside the county
to the county courthouse when the originals are available at the courthouse, the microfilmed
copies must be available for copying at their location outside the county).
2. Delivery of records to successor
Section 119.021(4)(a), F.S., provides that whoever has custody of public records shall
deliver such records to his or her successor at the expiration of his or her term of office or, if there
is no successor, to the records and information management program of the Division of Library
and Information Services of the Department of State. See Maxwell v. Pine Gas Corporation, 195
So. 2d 602 (Fla. 4th DCA 1967) (state, county, and municipal records are not the personal
property of a public officer); AGO 98-59 (records in the files of the former city attorney which
were made or received in carrying out her duties as city attorney and which communicate,
perpetuate, or formalize knowledge constitute public records and are required to be turned over
to her successor); and AGO 75-282 (public records regardless of usefulness or relevancy must
be turned over to the custodian's successor in office or to the Department of State). And see
S. 119.021(4)(b), F.S., providing that "[w]hoever 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."
GOVERNMENT -IN -THE -SUNSHINE -MANUAL
In the absence of contrary direction in the legislation dissolving a special taxing district,
the district's records should be delivered to the Department of State. AGO 95-03. Compare
AGO 09-39, stating that in light of a court order holding that an independent special district is
the successor -in -interest to the powers and duties of a municipal services benefit unit [MSBU],
the records of the MSBU should be delivered to the special district. Cf. s. 257.36(2)(b), F.S.,
specifying procedures for disposition of agency records stored in the state records center in the
event that the agency is dissolved or its functions are transferred to another agency.
3. Transition records of certain officers -elect
Section 119.035 (4), F.S., states that "upon taking the oath of office, the officer -elect shall,
as soon as practicable deliver to the person or persons responsible for records and information
management in such office all public records kept or received in the transaction of official business
during the period following election to public office." The term "officer -elect" for purposes of this
section means the Governor, the Lieutenant Governor, the Attorney General, the Chief Financial
Officer, and the Commissioner of Agriculture. Section 119.035(5), F.S.
4. Retention and disposal of records
a. Retention schedules
Section 119.021(2)(a), F.S. requires the Division of Library and Information Services
(division) of the Department of State to adopt rules establishing retention schedules and a disposal
process for public records. Each agency must comply with these rules. Section 119.021(2) (b),
F.S. See generally Chs. 1 B-24 and 1 B-26, Florida Administrative Code. The approved records
retention schedule for state and local governmental entities is located online at http://dlis.dos.
state.fl.us/barm/genschedules/GS 1-SL.12df. Cf. L.R. v. Department of State, Division of Archives,
History and Records Management, 488 So. 2d 122 (Fla. 3d DCA 1986) (an affected party
seeking to challenge an agency's approved records retention schedule may be entitled to a hearing
pursuant to Ch. 120, ES).
Retention schedules for judicial branch records are established by court rule. See Fla. R.
Jud. Admin. 2.430 (court records) and Fla. R. Jud. Admin. 2.440 (judicial branch administrative
records). Similarly, procedures for maintenance and destruction of legislative records are
established in legislative rules. Legislative rules may be accessed online at www.flsenate.gov
(Florida Senate) and www myfloridahouse.gov (Florida House of Representatives).
b. Disposal of records
Section 257.36(6), F.S., states that a "public record may be destroyed or otherwise disposed
of only in accordance with retention schedules established by the division." Section 119.021(2)
(c), F.S., provides that public officials must "systematically dispose" of records no longer needed,
subject to the consent of the division in accordance with s. 257.36, F.S. Compare s. 119.021(3),
F.S., stating that notwithstanding the provisions of Chs. 119 or 257, F.S., certain orders that
comprise final agency action must be permanently maintained.
Thus, for example, a municipality may not remove and destroy disciplinary notices,
with or without the employee's consent, during the course of resolving collective bargaining
grievances, except in accordance with the statutory restrictions on disposal of records. AGO
94-75. See also AGOs 09-19 (city must follow public records retention schedules established
by law for information on its Facebook page which constitutes a public record); 96-34 (e-mail
messages are subject to statutory limitations on destruction of public records); and 75-45 (tape
recordings of proceedings before a public body must be preserved in compliance with statutory
record retention and disposal restrictions).
Similarly, registration and disciplinary records stored in a national association securities
dealers database and used by state banking department for regulatory purposes are public
records and may not be destroyed merely because an arbitration panel of the national association
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has ordered that they be expunged; such records are subject to statutory mandates governing
destruction of records. AGO 98-54. Accord Inf. Op. to Hernandez, July 1, 2003 (agency not
authorized to purge or expunge documents it created while carrying out what it perceived to be
its official duty based upon an accusation that the agency may have been mistaken in such an
assessment). Cf. AGO 91-23 (clerk of court not authorized to expunge a court order from the
Official Records, in the absence of a court order directing such action).
C. Exempt records
The statutory restrictions on destruction of public records apply even if the record is exempt
from disclosure. For example, in AGO 81-12, the Attorney General's Office concluded that
the City of Hollywood could not destroy or dispose of licensure, certification, or employment
examination question and answer sheets except as authorized by statute. And see AGO 87-48
(statutory prohibition against placing anonymous materials in the personnel file of a school district
employee did not permit the destruction of such materials received in the course of official school
business, absent compliance with statutory restrictions on destruction of records). An exemption
only removes the records from public access requirements, it does not exempt the records from the
other provisions of Ch. 119, F.S., such as those requiring that public records be kept in a safe place
or those regulating the destruction of public records. AGO 93-86. Sees. 119.021, F.S.
Moreover, if an assertion is made by the custodian that a requested record is not a public
record subject to public inspection or copying, the requested record may not be disposed of for a
period of 30 days after the date on which a written request to inspect or copy the record was made
to the custodian; if a civil action is instituted within the 30 -day period to enforce the provisions
of this section with respect to the requested record, the custodian may not dispose of the record
except by order of a court of competent jurisdiction after notice to all affected parties. Section
119.07(1)(h), ES
d. Evidence obtained by law enforcement agencies
Documentary evidence obtained by a police department is a public record subject to
retention schedules approved by the division. AGO 04-51. Accord Inf. Op. to Blair, August
24, 2011 (evidence that constitutes a public record may be destroyed only in accordance with
retention schedules established by the division and noting that the division has adopted a General
Records Schedule GS2 for law enforcement agencies).
However, "the disposition of evidence not constituting a public record within the meaning
of Chapter 119, Florida Statutes, would appear to be dependent upon an agency's determination
that it is no longer needed." Inf. Op. to Blair, August 24, 2011. (e.s.) Cf. Church of Scientology
Flag Service Org., Inc. v. Wood, No. 97-688CI-07 (Fla. 6th Cir. Ct. February 27, 1997) (physical
specimens relating to an autopsy are not public records because in order to constitute a "public
record" for purposes of Ch. 119, "the record itself must be susceptible of some form of copying").
e. Duplicate records
Section 257.36(6), F.S., requires the division to adopt rules which, among other things,
establish "[s]tandards for the reproduction of records for security or with a view to the disposal of
the original record." See AGO 18-04 (according to a division rule, "an agency that designates an
electronic or microfilmed copy as the record (master) copy may then designate the paper original
as a duplicate and dispose of it in accordance with the retention requirement for duplicates in
the applicable retention schedule unless another law, rule, or ordinance specifically requires its
retention").
Accordingly, the division is responsible for determining whether an agency may dispose
of an audiotape of a witness statement without regard to the retention schedule, if there is also a
transcript of the statement. Inf. Op. to Mathews, July 12, 2004. Cf. AGO 91-09 (if a facsimile
document is subsequently copied by the receiving agency, the facsimile document is considered
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an intermediate document which may be destroyed; the copy of the facsimile then is retained
as a public record). See also AGO 92-85, stating that individual school board members are
not required to retain copies of public records which are regularly maintained in the course of
business by the clerk of the school board in the school board administrative offices.
APPENDICES
A. PUBLIC RECORDS AND MEETINGS CONSTITUTIONAL AMENDMENT
Article I, Section 24, Florida Constitution
Section 24. Access to public records and meetings.
(a) Every person has the right to inspect or copy any public record made or received in
connection with the official business of any public body, officer, or employee of the state,
or persons acting on their behalf, except with respect to records exempted pursuant to this
section or specifically made confidential by this Constitution. This section specifically
includes the legislative, executive, and judicial branches of government and each agency
or department created thereunder; counties, municipalities, and districts; and each
constitutional officer, board, and commission, or entity created pursuant to law or this
Constitution.
(b) All meetings of any collegial public body of the executive branch of state government or
of any collegial public body of a county, municipality, school district, or special district, at
which official acts are to be taken or at which public business of such body is to be transacted
or discussed, shall be open and noticed to the public and meetings of the legislature shall be
open and noticed as provided in Article III, Section 4(e), except with respect to meetings
exempted pursuant to this section or specifically closed by this Constitution.
(c) This section shall be self-executing. The legislature, however, may provide by general
law passed by a two-thirds vote of each house for the exemption of records from the
requirements of subsection (a) and the exemption of meetings from the requirements
of subsection (b), provided that such law shall state with specificity the public necessity
justifying the exemption and shall be no broader than necessary to accomplish the stated
purpose of the law. The legislature shall enact laws governing the enforcement of this
section, including the maintenance, control, destruction, disposal, and disposition of
records made public by this section, except that each house of the legislature may adopt
rules governing the enforcement of this section in relation to records of the legislative
branch. Laws enacted pursuant to this subsection shall contain only exemptions from the
requirements of subsections (a) or (b) and provisions governing the enforcement of this
section, and shall relate to one subject.
(d) All laws that are in effect on July 1, 1993 that limit public access to records or meetings
shall remain in force, and such laws apply to records of the legislative and judicial branches,
until they are repealed. Rules of court that are in effect on the date of adoption of this
section that limit access to records shall remain in effect until they are repealed.
B. GOVERNMENT IN THE SUNSHINE LAW AND RELATED STATUTES
286.011 Public meetings and records; public inspection; criminal and civil penalties.
(1) All meetings of any board or commission of any state agency or authority or of any
agency or authority of any county, municipal corporation, or political subdivision, except
as otherwise provided in the Constitution, including meetings with or attended by any
person elected to such board or commission, but who has not yet taken office, at which
official acts are to be taken are declared to be public meetings open to the public at all
times, and no resolution, rule, or formal action shall be considered binding except as taken
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or made at such meeting. The board or commission must provide reasonable notice of all
such meetings.
(2) The minutes of a meeting of any such board or commission of any such state agency or
authority shall be promptly recorded, and such records shall be open to public inspection.
The circuit courts of this state shall have jurisdiction to issue injunctions to enforce the
purposes of this section upon application by any citizen of this state.
(3) (a)Any public officer who violates any provision of this section is guilty of a noncriminal
infraction, punishable by fine not exceeding $500.
(b) Any person who is a member of a board or commission or of any state agency or authority
of any county, municipal corporation, or political subdivision who knowingly violates
the provisions of this section by attending a meeting not held in accordance with the
provisions hereof is guilty of a misdemeanor of the second degree, punishable as provided
in s. 775.082 or s. 775.083.
(c) Conduct which occurs outside the state which would constitute a knowing violation of
this section is a misdemeanor of the second degree, punishable as provided in s. 775.082
or s. 775.083.
(4) Whenever an action has been filed against any board or commission of any state agency
or authority or any agency or authority of any county, municipal corporation, or political
subdivision to enforce the provisions of this section or to invalidate the actions of any
such board, commission, agency, or authority, which action was taken in violation of this
section, and the court determines that the defendant or defendants to such action acted
in violation of this section, the court shall assess a reasonable attorney's fee against such
agency, and may assess a reasonable attorney's fee against the individual filing such an
action if the court finds it was filed in bad faith or was frivolous. Any fees so assessed
may be assessed against the individual member or members of such board or commission;
provided, that in any case where the board or commission seeks the advice of its attorney
and such advice is followed, no such fees shall be assessed against the individual member or
members of the board or commission. However, this subsection shall not apply to a state
attorney or his or her duly authorized assistants or any officer charged with enforcing the
provisions of this section.
(5) Whenever any board or commission of any state agency or authority or any agency or
authority of any county, municipal corporation, or political subdivision appeals any court
order which has found said board, commission, agency, or authority to have violated this
section, and such order is affirmed, the court shall assess a reasonable attorney's fee for
the appeal against such board, commission, agency, or authority. Any fees so assessed
may be assessed against the individual member or members of such board or commission;
provided, that in any case where the board or commission seeks the advice of its attorney
and such advice is followed, no such fees shall be assessed against the individual member
or members of the board or commission.
(6) All persons subject to subsection (1) are prohibited from holding meetings at any facility or
location which discriminates on the basis of sex, age, race, creed, color, origin, or economic
status or which operates in such a manner as to unreasonably restrict public access to such
a facility.
(7) Whenever any member of any board or commission of any state agency or authority or
any agency or authority of any county, municipal corporation, or political subdivision
is charged with a violation of this section and is subsequently acquitted, the board or
commission is authorized to reimburse said member for any portion of his or her reasonable
attorney's fees.
(8) Notwithstanding the provisions of subsection (1), any board or commission of any state
agency or authority or any agency or authority of any county, municipal corporation, or
political subdivision, and the chief administrative or executive officer of the governmental
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entity, may meet in private with the entity's attorney to discuss pending litigation to which
the entity is presently a party before a court or administrative agency, provided that the
following conditions are met:
(a) The entity's attorney shall advise the entity at a public meeting that he or she desires advice
concerning the litigation.
(b) The subject matter of the meeting shall be confined to settlement negotiations or strategy
sessions related to litigation expenditures.
(c) The entire session shall be recorded by a certified court reporter. The reporter shall record
the times of commencement and termination of the session, all discussion and proceedings,
the names of all persons present at any time, and the names of all persons speaking. No
portion of the session shall be off the record. The court reporter's notes shall be fully
transcribed and filed with the entity's clerk within a reasonable time after the meeting.
(d) The entity shall give reasonable public notice of the time and date of the attorney-client
session and the names of persons who will be attending the session. The session shall
commence at an open meeting at which the persons chairing the meeting shall announce
the commencement and estimated length of the attorney-client session and the names of
the persons attending. At the conclusion of the attorney-client session, the meeting shall
be reopened, and the person chairing the meeting shall announce the termination of the
session.
(e) The transcript shall be made part of the public record upon conclusion of the litigation.
Related sections read as follows:
286.0105 Notices of meetings and hearings must advise that a record is required to
appeal.—
Each board, commission, or agency of this state or of any political subdivision thereof shall
include in the notice of any meeting or hearing, if notice of the meeting or hearing is required,
of such board, commission, or agency, conspicuously on such notice, the advice that, if a person
decides to appeal any decision made by the board, agency, or commission with respect to any
matter considered at such meeting or hearing, he or she will need a record of the proceedings, and
that, for such purpose, he or she may need to ensure that a verbatim record of the proceedings is
made, which record includes the testimony and evidence upon which the appeal is to be based.
The requirements of this section do not apply to the notice provided in s. 200.065(3).
286.0111 Legislative review of certain exemptions from requirements for public
meetings and recordkeeping by governmental entities.—
The provisions of s. 119.15, the Open Government Sunset Review Act, apply to the
provisions of law which provide exemptions to s. 286.011, as provided in s. 119.15.
286.0113 General exemptions from public meetings.—
(1) That portion of a meeting that would reveal a security or firesafety system plan or portion
thereof made confidential and exempt by s. 119.071(3) (a) is exempt from s. 286.011 and s.
24(b), Art. I of the State Constitution. This subsection is subject to the Open Government
Sunset Review Act in accordance with s. 119.15 and shall stand repealed on October 2,
2023, unless reviewed and saved from repeal through reenactment by the Legislature.
(2) (a) For purposes of this subsection:
1. "Competitive solicitation" means the process of requesting and receiving sealed bids,
proposals, or replies in accordance with the terms of a competitive process, regardless of
the method of procurement.
2. "Team" means a group of members established by an agency for the purpose of conducting
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negotiations as part of a competitive solicitation.
(b)1. Any portion of a meeting at which a negotiation with a vendor is conducted pursuant
to a competitive solicitation, at which a vendor makes an oral presentation as part of a
competitive solicitation, or at which a vendor answers questions as part of a competitive
solicitation is exempt from s. 286.011 and s. 24(b), Art. I of the State Constitution.
2. Any portion of a team meeting at which negotiation strategies are discussed is exempt from
s. 286.011 and s. 24(b), Art. I of the State Constitution.
(c)1. A complete recording shall be made of any portion of an exempt meeting. No portion of
the exempt meeting may be held off the record.
2. The recording of, and any records presented at, the exempt meeting are exempt from s.
119.07(1) and s. 24(a), Art. I of the State Constitution until such time as the agency
provides notice of an intended decision or until 30 days after opening the bids, proposals,
or final replies, whichever occurs earlier.
3. If the agency rejects all bids, proposals, or replies and concurrently provides notice of its
intent to reissue a competitive solicitation, the recording and any records presented at
the exempt meeting remain exempt from s. 119.07(1) and s. 24(a), Art. 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. A recording and any records presented at an exempt meeting are
not exempt for longer than 12 months after the initial agency notice rejecting all bids,
proposals, or replies.
286.0114 Public meetings; reasonable opportunity to be heard; attorney fees.
(1) For purposes of this section, "board or commission" means a board or commission of any
state agency or authority or of any agency or authority of a county, municipal corporation,
or political subdivision.
(2) Members of the public shall be given a reasonable opportunity to be heard on a proposition
before a board or commission. The opportunity to be heard need not occur at the same
meeting at which the board or commission takes official action on the proposition if the
opportunity occurs at a meeting that is during the decisionmaking process and is within
reasonable proximity in time before the meeting at which the board or commission takes
the official action. This section does not prohibit a board or commission from maintaining
orderly conduct or proper decorum in a public meeting. The opportunity to be heard is
subject to rules or policies adopted by the board or commission, as provided in subsection
(4).
(3) The requirements in subsection (2) do not apply to:
(a) An official act that must be taken to deal with an emergency situation affecting the public
health, welfare or safety, if compliance with the requirements would cause an unreasonable
delay in the ability of the board or commission to act;
(b) An official act involving no more than a ministerial act, including, but not limited to,
approval of minutes and ceremonial proclamations;
(c) A meeting that is exempt from s. 286.011; or
(d) A meeting during which the board or commission is acting in a quasi-judicial capacity.
This paragraph does not affect the right of a person to be heard as otherwise provided by
law.
(4) Rules or policies of a board or commission which govern the opportunity to be heard are
limited to those that:
(a) Provide guidelines regarding the amount of time an individual has to address the board or
commission;
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(b) Prescribe procedures for allowing representatives of groups or factions on a proposition to
address the board or commission, rather than all members of such groups or factions, at
meetings in which a large number of individuals wish to be heard;
(c) Prescribe procedures or forms for an individual to use in order to inform the board or
commission of a desire to be heard; to indicate his or her support, opposition, or neutrality
on a proposition; and to indicate his or her designation of a representative to speak for him
or her or his or her group on a proposition if he or she so chooses; or
(d) Designate a specified period of time for public comment.
(5) If a board or commission adopts rules or policies in compliance with this section and
follows such rules or policies when providing an opportunity for members of the public to
be heard, the board or commission is deemed to be acting in compliance with this section.
(6) A circuit court has jurisdiction to issue an injunction for the purpose of enforcing this
section upon the filing of an application for such injunction by a citizen of this state.
(7) (a) Whenever an action is filed against a board or commission to enforce this section, the
court shall assess reasonable attorney fees against such board or commission if the court
determines that the defendant to such action acted in violation of this section. The court
may assess reasonable attorney fees against the individual filing such an action if the court
finds that the action was filed in bad faith or was frivolous. This paragraph does not
apply to a state attorney or his or her duly authorized assistants or an officer charged with
enforcing this section.
(b) Whenever a board or commission appeals a court order that has found the board or
commission to have violated this section, and such order is affirmed, the court shall assess
reasonable attorney fees for the appeal against such board or commission.
(8) An action taken by a board or commission which is found to be in violation of this section
is not void as a result of that violation.
286.01141 Criminal justice commissions; public meetings exemption.—
(1) As used in this section, the term:
(a) "Duly constituted criminal justice commission" means an advisory commission created by
municipal or county ordinance whose membership is comprised of individuals from the
private sector and the public sector and whose purpose is to examine local criminal justice
issues.
(b) "Active" has the same meaning as provided in s. 119.011.
(c) "Criminal intelligence information' has the same meaning as provided in s. 119.011.
(d) "Criminal investigative information' has the same meaning as provided in s. 119.011.
(2) That portion of a meeting of a duly constituted criminal justice commission at which
members of the commission discuss active criminal intelligence information or active
criminal investigative information that is currently being considered by, or which may
foreseeably come before, the commission is exempt from s. 286.011 and s. 24(b), Art.
I of the State Constitution, provided that at any public meeting of the criminal justice
commission at which such matter is being considered, the commission members publicly
disclose the fact that the matter has been discussed.
286.012 Voting requirement at meetings of governmental bodies. --
A member of a state, county, or municipal governmental board, commission, or agency
who is present at a meeting of any such body at which an official decision, ruling, or other
official act is to be taken or adopted may not abstain from voting in regard to any such decision,
ruling, or act; and a vote shall be recorded or counted for each such member present, unless,
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with respect to any such member, there is, or appears to be, a possible conflict of interest under
s. 112.311, s. 112.313, s. 112.3143, or additional or more stringent standards of conduct, if
any, adopted pursuant to s. 112.326. If there is, or appears to be, a possible conflict under s.
112.311, s. 112.313, or s. 112.3143, the member shall comply with the disclosure requirements
of s. 112.3143. If the only conflict or possible conflict is one arising from the additional or more
stringent standards adopted pursuant to s. 112.326, the member shall comply with any disclosure
requirements adopted pursuant to s. 112.326. If the official decision, ruling, or act occurs in the
context of a quasi-judicial proceeding, a member may abstain from voting on such matter if the
abstention is to assure a fair proceeding free from potential bias or prejudice.
286.26 Accessibility of public meetings to the physically handicapped. --
(1) Whenever any board or commission of any state agency or authority, or of any agency or
authority of any county, municipal corporation, or other political subdivision, which has
scheduled a meeting at which official acts are to be taken receives, at least 48 hours prior to
the meeting, a written request by a physically handicapped person to attend the meeting,
directed to the chairperson or director of such board, commission, agency, or authority,
such chairperson or director shall provide a manner by which such person may attend the
meeting at its scheduled site or reschedule the meeting to a site which would be accessible
to such person.
(2) If an affected handicapped person objects in the written request, nothing contained in
the provisions of this section shall be construed or interpreted to permit the use of human
physical assistance to the physically handicapped in lieu of the construction or use of
ramps or other mechanical devices in order to comply with the provisions of this section.
C. THE PUBLIC RECORDS ACT (SELECTED PORTIONS ONLY
CHAPTER 119, FLORIDA STATUTES
119.01 General state policy on public records. --
(1) It is the policy of this state that all state, county, and municipal records are open for
personal inspection and copying by any person. Providing access to public records is a
duty of each agency.
(2)(a) Automation of public records must not erode the right of access to those records. As each
agency increases its use of and dependence on electronic recordkeeping, each agency must
provide reasonable public access to records electronically maintained and must ensure that
exempt or confidential records are not disclosed except as otherwise permitted by law.
(b) When designing or acquiring an electronic recordkeeping system, an agency must consider
whether such system is capable of providing data in some common format such as, but not
limited to, the American Standard Code for Information Interchange.
(c) An agency may not enter into a contract for the creation or maintenance of a public records
database if that contract impairs the ability of the public to inspect or copy the public
records of the agency, including public records that are online or stored in an electronic
recordkeeping system used by the agency.
(d) Subject to the restrictions of copyright and trade secret laws and public records exemptions,
agency use of proprietary software must not diminish the right of the public to inspect and
copy a public record.
(e) Providing access to public records by remote electronic means is an additional method of
access that agencies should strive to provide to the extent feasible. If an agency provides
access to public records by remote electronic means, such access should be provided in the
most cost-effective and efficient manner available to the agency providing the information.
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(f) Each agency that maintains a public record in an electronic recordkeeping system shall
provide to any person, pursuant to this chapter, a copy of any public record in that system
which is not exempted by law from public disclosure. An agency must provide a copy of
the record in the medium requested if the agency maintains the record in that medium,
and the agency may charge a fee in accordance with this chapter. For the purpose of
satisfying a public records request, the fee to be charged by an agency if it elects to provide
a copy of a public record in a medium not routinely used by the agency, or if it elects to
compile information not routinely developed or maintained by the agency or that requires
a substantial amount of manipulation or programming, must be in accordance with s.
119.07(4).
(3) If public funds are expended by an agency in payment of dues or membership contributions
for any person, corporation, foundation, trust, association, group, or other organization, all
the financial, business, and membership records of that person, corporation, foundation,
trust, association, group, or other organization which pertain to the public agency are
public records and subject to the provisions of s. 119.07.
119.011 Definitions.-- As used in this chapter, the term:
(1) "Actual cost of duplication" means the cost of the material and supplies used to duplicate
the public record, but does not include labor cost or overhead cost associated with such
duplication.
(2) "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.
(3) (a) "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.
(b) "Criminal investigative information" means information with respect to an identifiable
person or group of persons compiled by a criminal justice agency in the course of
conducting a criminal investigation of a specific act or omission, including, but not limited
to, information derived from laboratory tests, reports of investigators or informants, or any
type of surveillance.
(c) "Criminal intelligence information" and "criminal investigative information" shall not
include:
1. The time, date, location, and nature of a reported crime.
2. 'Ihe 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).
3. The time, date, and location of the incident and of the arrest.
4. The crime charged.
5. Documents given or required by law or agency rule to be given to the person arrested,
except as provided in s. 119.071(2)(h) or (m), and, except that the court in a criminal
case may order that certain information required by law or agency rule to be given to the
person arrested be maintained in a confidential manner and exempt from the provisions of
s. 119.07(1) until released at trial if it is found that the release of such information would:
a. Be defamatory to the good name of a victim or witness or would jeopardize the safety of
such victim or witness; and
b. Impair the ability of a state attorney to locate or prosecute a codefendant.
6. Informations and indictments except as provided in s. 905.26.
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(d) The word "active" shall have the following meaning:
1. Criminal intelligence information shall be considered "active" as long as it is related to
intelligence gathering conducted with a reasonable, good faith belief that it will lead to
detection of ongoing or reasonably anticipated criminal activities.
2. Criminal investigative information shall be considered "active" as long as it is related to
an ongoing investigation which is continuing with a reasonable, good faith anticipation of
securing an arrest or prosecution in the foreseeable future.
In addition, criminal intelligence and criminal investigative information shall be considered
"active" while such information is directly related to pending prosecutions or appeals. The
word "active" shall not apply to information in cases which are barred from prosecution
under the provisions of s. 775.15 or other statute of limitation.
(4) "Criminal justice agency" means:
(a) Any law enforcement agency, court, or prosecutor;
(b) Any other agency charged by law with criminal law enforcement duties;
(c) Any agency having custody of criminal intelligence information or criminal investigative
information for the purpose of assisting such law enforcement agencies in the conduct of
active criminal investigation or prosecution or for the purpose of litigating civil actions
under the Racketeer Influenced and Corrupt Organization Act, during the time that such
agencies are in possession of criminal intelligence information or criminal investigative
information pursuant to their criminal law enforcement duties; or
(d) The Department of Corrections.
(5) "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.
(6) "Data processing software" means the programs and routines used to employ and control the
capabilities of data processing hardware, including, but not limited to, operating systems,
compilers, assemblers, utilities, library routines, maintenance routines, applications, and
computer networking programs.
(7) "Duplicated copies" means new copies produced by duplicating, as defined in s. 283.30.
(8) "Exemption" means a provision of general law which provides that a specified record or
meeting, or portion thereof, is not subject to the access requirements of s. 119.07(1), s.
286.011, or s. 24, Art. I of the State Constitution.
(9) "Information technology resources" means data processing hardware and software and
services, communications, supplies, personnel, facility resources, maintenance, and
training.
(10) "Paratransit" has the same meaning as provided in s. 427.011.
(11) "Proprietary software" means data processing software that is protected by copyright or
trade secret laws.
(12) "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.
(13) "Redact" means to conceal from a copy of an original public record, or to conceal from an
electronic image that is available for public viewing, that portion of the record containing
exempt or confidential information.
(14) "Sensitive," for purposes of defining agency -produced software that is sensitive, means only
those portions of data processing software, including the specifications and documentation,
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which are used to:
(a) Collect, process, store, and retrieve information that is exempt from s. 119.07(1);
(b) Collect, process, store, and retrieve financial management information of the agency, such
as payroll and accounting records; or
(c) Control and direct access authorizations and security measures for automated systems.
(15) "Utility" means a person or entity that provides electricity, natural gas, telecommunications,
water, chilled water, reuse water, or wastewater.
119.021 Custodial requirements; maintenance, preservation, and retention of
public records. --
(1) Public records shall be maintained and preserved as follows:
(a) All public records should be kept in the buildings in which they are ordinarily used.
(b) Insofar as practicable, a custodian of public records of vital, permanent, or archival
records shall keep them in fireproof and waterproof safes, vaults, or rooms fitted with
noncombustible materials and in such arrangement as to be easily accessible for convenient
use.
(c)1. Record books should be copied or repaired, renovated, or rebound if worn, mutilated,
damaged, or difficult to read.
2. Whenever any state, county, or municipal records are in need of repair, restoration, or
rebinding, the head of the concerned state agency, department, board, or commission; the
board of county commissioners of such county; or the governing body of such municipality
may authorize that such records be removed from the building or office in which such
records are ordinarily kept for the length of time required to repair, restore, or rebind them.
3. 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. The copy shall then have the force
and effect of the original.
(2) (a) The Division of Library and Information Services of the Department of State shall adopt
rules to establish retention schedules and a disposal process for public records.
(b) Each agency shall comply with the rules establishing retention schedules and disposal
processes for public records which are adopted by the records and information management
program of the division.
(c) Each public official shall systematically dispose of records no longer needed, subject to the
consent of the records and information management program of the division in accordance
with s. 257.36.
(d) The division may ascertain the condition of public records and shall give advice and
assistance to public officials to solve problems related to the preservation, creation, filing,
and public accessibility of public records in their custody. Public officials shall assist the
division by preparing an inclusive inventory of categories of public records in their custody.
The division shall establish a time period for the retention or disposal of each series of
records. Upon the completion of the inventory and schedule, the division shall, subject to
the availability of necessary space, staff, and other facilities for such purposes, make space
available in its records center for the filing of semicurrent records so scheduled and in its
archives for noncurrent records of permanent value, and shall render such other assistance
as needed, including the microfilming of records so scheduled.
(3) Agency final orders rendered before July 1, 2015, that were indexed or listed pursuant to
s. 120.53, and agency final orders rendered on or after July 1, 2015, that must be listed or
copies of which must be transmitted to the Division of Administrative Hearings pursuant
to s. 120.53, have continuing legal significance; therefore, notwithstanding any other
provision of this chapter or any provision of chapter 257, each agency shall permanently
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maintain records of such orders pursuant to the applicable rules of the Department of
State.
(4) (a) Whoever has custody of any public records shall deliver, at the expiration of his or her
term of office, to his or her successor or, if there be none, to the records and information
management program of the Division of Library and Information Services of the
Department of State, all public records kept or received by him or her in the transaction of
official business.
(b) 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. Any
person unlawfully possessing public records must within 10 days deliver such records to
the lawful custodian of public records unless just cause exists for failing to deliver such
records.
119.035 Officers -elect. --
(1) It is the policy of this state that the provisions of this chapter apply to officers -elect upon
their election to public office. Such officers -elect shall adopt and implement reasonable
measures to ensure compliance with the public records obligations set forth in this chapter.
(2) 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.
(3) If an officer -elect, individually or as part of a transition process, creates or uses an online or
electronic communication or recordkeeping system, all public records maintained on such
system shall be preserved so as not to impair the ability of the public to inspect or copy
such public records.
(4) Upon taking the oath of office, the officer -elect shall, as soon as practicable, deliver to the
person or persons responsible for records and information management in such office all
public records kept or received in the transaction of official business during the period
following election to public office.
(5) As used in this section, the term "officer -elect" means the Governor, the Lieutenant
Governor, the Attorney General, the Chief Financial Officer, and the Commissioner of
Agriculture.
119.07 Inspection and copying of records; photographing public records;
fees; exemptions. --
(1)(a) Every person who has custody of a public record shall permit the record to be inspected
and copied by any person desiring to do so, at any reasonable time, under reasonable
conditions, and under supervision by the custodian of the public records.
(b) A custodian of public records or a person having custody of public records may designate
another officer or employee of the agency to permit the inspection and copying of public
records, but must disclose the identity of the designee to the person requesting to inspect
or copy public records.
(c) A custodian of public records and his or her designee must acknowledge requests to
inspect or copy records promptly and respond to such requests in good faith. A good faith
response includes making reasonable efforts to determine from other officers or employees
within the agency whether such a record exists and, if so, the location at which the record
can be accessed.
(d) 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.
(e) If the person who has custody of a public record contends that all or part of the record
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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.
(f) If requested by the person seeking to inspect or copy the record, the custodian of public
records shall state in writing and with particularity the reasons for the conclusion that the
record is exempt or confidential.
(g) 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. 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. 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.
(h) Even if an assertion is made by the custodian of public records that a requested record
is not a public record subject to public inspection or copying under this subsection, the
requested record shall, nevertheless, not be disposed of for a period of 30 days after the
date on which a written request to inspect or copy the record was served on or otherwise
made to the custodian of public records by the person seeking access to the record. If a
civil action is instituted within the 30 -day period to enforce the provisions of this section
with respect to the requested record, the custodian of public records may not dispose of
the record except by order of a court of competent jurisdiction after notice to all affected
parties.
(i) The absence of a civil action instituted for the purpose stated in paragraph (g) does not
relieve the custodian of public records of the duty to maintain the record as a public record
if the record is in fact a public record subject to public inspection and copying under this
subsection and does not otherwise excuse or exonerate the custodian of public records
from any unauthorized or unlawful disposition of such record.
(2) (a) As an additional means of inspecting or copying public records, a custodian of public
records may provide access to public records by remote electronic means, provided exempt
or confidential information is not disclosed.
(b) The custodian of public records shall provide safeguards to protect the contents of
public records from unauthorized remote electronic access or alteration and to prevent
the disclosure or modification of those portions of public records which are exempt or
confidential from subsection (1) or s. 24, Art. I of the State Constitution.
(c) Unless otherwise required by law, the custodian of public records may charge a fee for
remote electronic access, granted under a contractual arrangement with a user, which
fee may include the direct and indirect costs of providing such access. Fees for remote
electronic access provided to the general public shall be in accordance with the provisions
of this section.
(3)(a) Any person shall have the right of access to public records for the purpose of making
photographs of the record while such record is in the possession, custody, and control of
the custodian of public records.
(b) This subsection applies to the making of photographs in the conventional sense by use
of a camera device to capture images of public records but excludes the duplication of
microfilm in the possession of the clerk of the circuit court where a copy of the microfilm
may be made available by the clerk.
(c) Photographing public records shall be done under the supervision of the custodian of
public records, who may adopt and enforce reasonable rules governing the photographing
of such records.
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(d) Photographing of public records shall be done in the room where the public records
are kept. If, in the judgment of the custodian of public records, this is impossible or
impracticable, photographing shall be done in another room or place, as nearly adjacent as
possible to the room where the public records are kept, to be determined by the custodian
of public records. 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).
(4) The custodian of public records shall furnish a copy or a certified copy of the record upon
payment of the fee prescribed by law. If a fee is not prescribed by law, the following fees
are authorized:
(a)1. Up to 15 cents per one-sided copy for duplicated copies of not more than 14 inches by 81/z
inches;
2. No more than an additional 5 cents for each two-sided copy; and
3. For all other copies, the actual cost of duplication of the public record.
(b) The charge for copies of county maps or aerial photographs supplied by county
constitutional officers may also include a reasonable charge for the labor and overhead
associated with their duplication.
(c) An agency may charge up to $1 per copy for a certified copy of a public record.
(d) If the nature or volume of public records requested to be inspected or copied pursuant to
this subsection is such as to require extensive use of information technology resources or
extensive clerical or supervisory assistance by personnel of the agency involved, or both, the
agency may charge, in addition to the actual cost of duplication, a special service charge,
which shall be reasonable and shall be based on the cost incurred for such extensive use of
information technology resources or the labor cost of the personnel providing the service
that is actually incurred by the agency or attributable to the agency for the clerical and
supervisory assistance required, or both.
(e)1. Where provision of another room or place is necessary to photograph public records, the
expense of providing the same shall be paid by the person desiring to photograph the
public records.
2. The custodian of public records may charge the person making the photographs for
supervision services at a rate of compensation to be agreed upon by the person desiring to
make the photographs and the custodian of public records. If they fail to agree as to the
appropriate charge, the charge shall be determined by the custodian of public records.
(5) When ballots are produced under this section for inspection or examination, no persons
other than the supervisor of elections or the supervisor's employees shall touch the ballots.
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. All such candidates, or
their representatives, shall be allowed to be present during the inspection or examination.
(6) 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. Such person shall maintain the exempt or confidential status of that public
record and shall be subject to the same penalties as the custodian of that record for public
disclosure of such record.
(7) An exemption from this section does not imply an exemption from s. 286.011. The
exemption from s. 286.011 must be expressly provided.
(8) The provisions of this section are not intended to expand or limit the provisions of Rule
3.220, Florida Rules of Criminal Procedure, regarding the right and extent of discovery
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by the state or by a defendant in a criminal prosecution or in collateral postconviction
proceedings. This section may not be used by any inmate as the basis for failing to timely
litigate any postconviction action.
119.0701 Contracts; public records.—
(1) For purposes of this section, the term:
(a) "Contractor" means an individual, partnership, corporation, or business entity that enters
into a contract for services with a public agency and is acting on behalf of the public agency
as provided under s. 119.011(2).
(b) "Public agency" means a state, county, district, authority, or municipal officer, or
department, division, board, bureau, commission, or other separate unit of government
created or established by law.
(2) CONTRACT REQUIREMENTS --In addition to other contract requirements provided
by law, each public agency contract for services entered into or amended on or after July 1,
2016, must include:
(a) The following statement, in substantially the following form, identifying the contact
information of the public agency's custodian or public records in at least 14 -point boldfaced
type:
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION
OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT
THE CUSTODIAN OF PUBLIC RECORDS AT (telephone number, e-mail address,
and mailing address).
(b) A provision that requires the contractor to comply with public records laws, specifically to:
1. Keep and maintain public records required by the public agency to perform the service.
2. 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.
3. Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of
the contract term and following completion of the contract if the contractor does not
transfer the records to the public agency.
4. Upon completion of the contract, transfer, at no cost, to the public agency all public
records in possession of the contractor or keep and maintain public records required by the
public agency to perform the service. 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. If the contractor keeps and maintains public records upon completion of
the contract, the contractor shall meet all applicable requirements for retaining public
records. All records stored electronically must be provided to the public agency, upon
request from the public agency's custodian of public records, in a format that is compatible
with the information technology systems of the public agency.
(3) REQUEST FOR RECORDS; NONCOMPLIANCE.
(a) A request to inspect or copy public records relating to a public agency's contract for services
must be made directly to the public agency. If the public agency does not possess the
requested records, the public agency shall immediately notify the contractor of the request,
and the contractor must provide the records to the public agency or allow the records to be
inspected or copied within a reasonable time.
(b) If a contractor does not comply with a public agency's request for records, the public
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agency shall enforce the contract provisions in accordance with the contract.
(c) A contractor who fails to provide the public records to the public agency within a reasonable
time may be subject to penalties under s. 119.10.
(4) CIVIL ACTION. —
(a) If a civil action is filed against a contractor to compel production of public records relating
to a public agency's contract for services, the court shall assess and award against the
contractor the reasonable costs of enforcement, including reasonable attorney fees, if:
1. The court determines that the contractor unlawfully refused to comply with the public
records request within a reasonable time; and
2. At least 8 business days before filing the action, the plaintiff provided written notice of the
public records request, including a statement that the contractor has not complied with the
request, to the public agency and to the contractor.
(b) A notice complies with subparagraph (a)2., if it is sent to the public agency's custodian of
public records and to the contractor at the contractor's address listed on its contract with
the public agency or to the contractor's registered agent. Such notices must be sent by
common carrier delivery services or by registered, Global Express Guaranteed, or certified
mail, with postage or shipping paid by the sender and with evidence of delivery, which
must be in an electronic format.
(c) A contractor who complies with a public records request within 8 business days after the
notice is sent is not liable for the reasonable costs of enforcement.
NOTE: Due to space limitations, the exemptions from disclosure found in ss.
119.071, 119.0711, 119.0712, and 119.0713 are summarized in pages 219-224
of Appendix D. To review the complete text of these exemptions, please access the
Florida Statutes at www.leLr.state.fl.us
119.0714 Court files; court records; official records. --
(1) COURT FILES. --Nothing in this chapter shall be construed to exempt from s. 119.070)
a public record that was made a part of a court file and that is not specifically closed by
order of court, except:
(a) A public record that was prepared by an agency attorney or prepared at the attorney's
express direction as provided in s. 119.071(1) (d).
(b) Data processing software as provided in s. 119.071(1)(f )
(c) Any information revealing surveillance techniques or procedures or personnel as provided
in s. 119.071(2) (d).
(d) Any comprehensive inventory of state and local law enforcement resources, and any
comprehensive policies or plans compiled by a criminal justice agency, as provided in s.
119.071(2)(d).
(e) Any information revealing the substance of a confession of a person arrested as provided in
s. 119.071(2) (e).
(f) Any information revealing the identity of a confidential informant or confidential source
as provided ins. 119.071(2)(f).
(g) Any information revealing undercover personnel of any criminal justice agency as provided
ins. 119.071(4) (c).
(h) Criminal intelligence information or criminal investigative information that is confidential
and exempt as provided in s. 119.071(2)(h) or (m).
(i) Social security numbers as provided in s. 119.071(5) (a).
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(j) Bank account numbers and debit, charge, and credit card numbers as provided in s.
119.071(5) (b).
(k)1. A petition, and the contents thereof, for an injunction for protection against domestic
violence, repeat violence, dating violence, sexual violence, stalking, or cyberstalking that is
dismissed without a hearing, dismissed at an ex parte hearing due to failure to state a claim
or lack of jurisdiction, or dismissed for any reason having to do with the sufficiency of the
petition itself without an injunction being issued on or after July 1, 2017, is exempt from
s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
2. A petition, and the contents thereof, for an injunction for protection against domestic
violence, repeat violence, dating violence, sexual violence, stalking, or cyberstalking that is
dismissed without a hearing, dismissed at an ex parte hearing due to failure to state a claim
or lack of jurisdiction, or dismissed for any reason having to do with the sufficiency of the
petition itself without an injunction being issued before July 1, 2017, is exempt from s.
119.070) and s. 24(a), Art. I of the State Constitution only upon request by an individual
named in the petition as a respondent. The request must be in the form of a signed,
legibly written request specifying the case name, case number, document hearing, and page
number. The request must be delivered by mail, facsimile, or electronic transmission or in
person to the clerk of court. A fee may not be charged for such request.
(2) COURT RECORDS. --
(a) Until January 1, 2012, if a social security number or a bank account, debit, charge, or
credit card number is included in a court file, such number may be included as part of the
court record available for public inspection and copying unless redaction is requested by
the holder of such number or by the holder's attorney or legal guardian.
(b) A request for redaction must be a signed, legibly written request specifying the case name,
case number, document heading, and page number. The request must be delivered by
mail, facsimile, electronic transmission, or in person to the clerk of the court. The clerk of
the court does not have a duty to inquire beyond the written request to verify the identity
of a person requesting redaction.
(c) A fee may not be charged for the redaction of a social security number or a bank account,
debit, charge, or credit card number pursuant to such request.
(d) The clerk of the court has no liability for the inadvertent release of social security numbers,
or bank account, debit, charge, or credit card numbers, unknown to the clerk of the court
in court records filed on or before January 1, 2012.
(e)1. The clerk of the court must keep social security numbers confidential and exempt as
provided for in s. 119.071(5) (a), and bank account, debit, charge, and credit card numbers
exempt as provided for in s. 119.071(5) (b), without any person having to request redaction.
2. Section 119.071(5) (a)7. and 8. does not apply to the clerks of the court with respect to
court records.
(f) A request for maintenance of a public records exemption in s. 119.071(4)(d)2. made
pursuant to s. 119.071(4)(d)3. must specify the document type, name, identification
number, and page number of the court record that contains the exempt information.
(g) 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.
(3) OFFICIAL RECORDS. --
A person who prepares or files a record for recording in the official records as provided
in chapter 28 may not include in that record a social security number or a bank account, debit,
charge, or credit card number unless otherwise expressly required by law.
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(a) If a social security number or a bank account, debit, charge, or credit card number is
included in an official record, such number may be made available as part of the official
records available for public inspection and copying unless redaction is requested by the
holder of such number or by the holder's attorney or legal guardian.
1. If such record is in electronic format, on January 1, 2011, and thereafter, the county
recorder must use his or her best effort, as provided in paragraph (d), to keep social
security numbers confidential and exempt as provided for in s. 119.071(5) (a), and to keep
complete bank account, debit, charge, and credit card numbers exempt as provided for in
s. 119.071(5)(b), without any person having to request redaction.
2. Section 119.071(5) (a)7. and 8. does not apply to the county recorder with respect to
official records.
(b) The holder of a social security number or a bank account, debit, charge, or credit card
number, or the holder's attorney or legal guardian, may request that a county recorder
redact from an image or copy of an official record placed on a county recorder's publicly
available Internet website or on a publicly available Internet website used by a county
recorder to display public records, or otherwise made electronically available to the public,
his or her social security number or bank account, debit, charge, or credit card number
contained in that official record.
1. A request for redaction must be a signed, legibly written request and must be delivered by
mail, facsimile, electronic transmission, or in person to the county recorder. The request
must specify the identification page number of the record that contains the number to be
redacted.
2. The county recorder does not have a duty to inquire beyond the written request to verify
the identity of a person requesting redaction.
3. A fee may not be charged for redacting a social security number or a bank account, debit,
charge, or credit card number.
(c) A county recorder shall immediately and conspicuously post signs throughout his or her
offices for public viewing, and shall immediately and conspicuously post on any Internet
website or remote electronic site made available by the county recorder and used for the
ordering or display of official records or images or copies of official records, a notice stating,
in substantially similar form, the following:
1. On or after October 1, 2002, any person preparing or filing a record for recordation in the
official records may not include a social security number or a bank account, debit, charge,
or credit card number in such document unless required by law.
2. Any person has a right to request a county recorder to remove from an image or copy of
an official record placed on a county recorder's publicly available Internet website or on a
publicly available Internet website used by a county recorder to display public records, or
otherwise made electronically available to the general public, any social security number
contained in an official record. Such request must be made in writing and delivered by
mail, facsimile, or electronic transmission, or delivered in person, to the county recorder.
The request must specify the identification page number that contains the social security
number to be redacted. A fee may not be charged for the redaction of a social security
number pursuant to such a request.
(d) If the county recorder accepts or stores official records in an electronic format, the county
recorder must use his or her best efforts to redact all social security numbers and bank
account, debit, charge, or credit card numbers from electronic copies of the official
record. The use of an automated program for redaction is deemed to be the best effort
in performing the redaction and is deemed in compliance with the requirements of this
subsection.
(e) The county recorder is not liable for the inadvertent release of social security numbers, or
bank account, debit, charge, or credit card numbers, filed with the county recorder.
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(f) A request for maintenance of a public records exemption in s. 119.071(4)(d)2. made
pursuant to s. 119.071(4) (d)3. must specify the document type, name, identification
number, and page number of the official record that contains the exempt information.
119.084 Copyright of data processing software created by governmental agencies; sale
price and licensing fee. --
(1) As used in this section, "agency" has the same meaning as in s. 119.011(2), except that the
term does not include any private agency, person, partnership, corporation, or business entity.
(2) An agency is authorized to acquire and hold a copyright for data processing software
created by the agency and to enforce its rights pertaining to such copyright, provided that
the agency complies with the requirements of this subsection.
(a) An agency that has acquired a copyright for data processing software created by the agency
may sell or license the copyrighted data processing software to any public agency or private
person. The agency may establish a price for the sale and a licensing fee for the use of such
data processing software that may be based on market considerations. However, the prices
or fees for the sale or licensing of copyrighted data processing software to an individual
or entity solely for application to information maintained or generated by the agency
that created the copyrighted data processing software shall be determined pursuant to s.
119.07(4).
(b) Proceeds from the sale or licensing of copyrighted data processing software shall be
deposited by the agency into a trust fund for the agency's appropriate use for authorized
purposes. Counties, municipalities, and other political subdivisions of the state may
designate how such sale and licensing proceeds are to be used.
(c) The provisions of this subsection are supplemental to, and shall not supplant or repeal, any
other provision of law that authorizes an agency to acquire and hold copyrights.
119.092 Registration by federal employer's registration number. --
Each state agency which registers or licenses corporations, partnerships, or other business
entities shall include, by July 1, 1978, within its numbering system, the federal employer's
identification number of each corporation, partnership, or other business entity registered or
licensed by it. 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.
The Department of State shall keep a registry of federal employer's identification numbers of all
business entities, registered with the Division of Corporations, which registry of numbers may
be used by all state agencies.
119.10 Violation of chapter; penalties. --
(1) Any public officer who:
(a) Violates any provision of this chapter commits a noncriminal infraction, punishable by
fine not exceeding $500.
(b) Knowingly violates the provisions of s. 119.070) 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.
(2) Any person who willfully and knowingly violates:
(a) Any of the provisions of this chapter commits a misdemeanor of the first degree, punishable
as provided in s. 775.082 or s. 775.083.
(b) Section 119.105 commits a felony of the third degree, punishable as provided in s.
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775.082, s. 775.083, or s. 775.084.
119.105 Protection of victims of crimes or accidents. --
Police reports are public records except as otherwise made exempt or confidential. Every
person is allowed to examine nonexempt or nonconfidential police reports. A person who comes
into possession of exempt or confidential information contained in police reports may not use
that information for any commercial solicitation of the victims or relatives of the victims of the
reported crimes or accidents and may not knowingly disclose such information to any third
party for the purpose of such solicitation during the period of time that information remains
exempt or confidential. 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.
119.11 Accelerated hearing, immediate compliance. --
(1) Whenever an action is filed to enforce the provisions of this chapter, the court shall set an
immediate hearing, giving the case priority over other pending cases.
(2) Whenever a court orders an agency to open its records for inspection in accordance with
this chapter, the agency shall comply with such order within 48 hours, unless otherwise
provided by the court issuing such order, or unless the appellate court issues a stay order
within such 48-hour period.
(3) A stay order shall not be issued unless the court determines that there is a substantial
probability that opening the records for inspection will result in significant damage.
(4) Upon service of a complaint, counterclaim, or cross-claim in a civil action brought to
enforce the provisions of this chapter, the custodian of the public record that is the subject
matter of such civil action shall not transfer custody, alter, destroy, or otherwise dispose of
the public record sought to be inspected and examined, notwithstanding the applicability
of an exemption or the assertion that the requested record is not a public record subject
to inspection and examination under s. 119.070), until the court directs otherwise. The
person who has custody of such public record may, however, at any time permit inspection
of the requested record as provided in s. 119.070) and other provisions of law.
119.12 Attorney fees. --
(1) If a civil action is filed against an agency to enforce the provisions of this chapter, the court
shall assess and award the reasonable costs of enforcement, including reasonable attorney
fees, against the responsible agency if the court determines that:
(a) The agency unlawfully refused to permit a public record to be inspected or copied; and
(b) The complainant provides written notice identifying the public record request to the
agency's custodian of public records at least 5 business days before filing the civil action,
except as provided under subsection (2). The notice period begins on the day the written
notice of the request is received by the custodian of public records, excluding Saturday,
Sunday, and legal holidays, and runs until 5 business days have elapsed.
(2) The complainant is not required to provide written notice of the public record request to
the agency's custodian of public records as provided in paragraph (1) (b) if the agency does
not prominently post the contact information for the agency's custodian of public records
in the agency's primary administrative building in which public records are routinely
created, sent, received, maintained, and requested and on the agency's website, if the
agency has a website.
(3) 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. If the court determines
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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. For purposes of
this subsection, the term "improper purpose" means a request to inspect or copy a public
record or to participate in the civil action primarily to cause a violation of this chapter or
for a frivolous purpose.
(4) This section does not create a private right of action authorizing the award of monetary
damages for a person who brings an action to enforce the provisions of this chapter.
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.
119.15 Legislative review of exemptions from public meeting and public records
requirements. --
(1) This section may be cited as the "Open Government Sunset Review Act."
(2) This section provides for the review and repeal or reenactment of an exemption from s. 24,
Art. I of the State Constitution and s. 119.070) or s. 286.011. This act does not apply to
an exemption that:
(a) Is required by federal law; or
(b) Applies solely to the Legislature or the State Court System.
(3) In the 5th year after enactment of a new exemption or substantial amendment of an
existing exemption, the exemption shall be repealed on October 2nd of the 5th year, unless
the Legislature acts to reenact the exemption.
(4)(a) A law that enacts a new exemption or substantially amends an existing exemption must
state that the record or meeting is:
1. Exempt from s. 24, Art. I of the State Constitution;
2. Exempt from s. 119.070) or s. 286.011; and
3. Repealed at the end of 5 years and that the exemption must be reviewed by the Legislature
before the scheduled repeal date.
(b) For purposes of this section, an exemption is substantially amended if the amendment
expands the scope of the exemption to include more records or information or to include
meetings as well as records. An exemption is not substantially amended if the amendment
narrows the scope of the exemption.
(c) This section is not intended to repeal an exemption that has been amended following
legislative review before the scheduled repeal of the exemption if the exemption is not
substantially amended as a result of the review.
(5)(a) By June 1 in the year before the repeal of an exemption under this section, the Office of
Legislative Services shall certify to the President of the Senate and the Speaker of the House
of Representatives the language and statutory citation of each exemption scheduled for
repeal the following year.
(b) An exemption that is not identified and certified to the President of the Senate and the
Speaker of the House of Representatives is not subject to legislative review and repeal under
this section. If the office fails to certify an exemption that it subsequently determines should
have been certified, it shall include the exemption in the following year's certification after
that determination.
(6) (a) As part of the review process, the Legislature shall consider the following:
1. What specific records or meetings are affected by the exemption?
2. Whom does the exemption uniquely affect, as opposed to the general public?
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3. What is the identifiable public purpose or goal of the exemption?
4. Can the information contained in the records or discussed in the meeting be readily
obtained by alternative means? If so, how?
5. Is the record or meeting protected by another exemption?
6. Are there multiple exemptions for the same type of record or meeting that it would be
appropriate to merge?
(b) An exemption may be created, revised, or maintained only if it serves an identifiable
public purpose, and the exemption may be no broader than is necessary to meet the public
purpose it serves. An identifiable public purpose is served if the exemption meets one of
the following purposes and the Legislature finds that the purpose is sufficiently compelling
to override the strong public policy of open government and cannot be accomplished
without the exemption:
1. Allows the state or its political subdivisions to effectively and efficiently administer a
governmental program, which administration would be significantly impaired without the
exemption;
2. Protects information of a sensitive personal nature concerning individuals, the release of
which information would be defamatory to such individuals or cause unwarranted damage
to the good name or reputation of such individuals or would jeopardize the safety of
such individuals. However, in exemptions under this subparagraph, only information that
would identify the individuals may be exempted; or
3. 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.
(7) Records made before the date of a repeal of an exemption under this section may not
be made public unless otherwise provided by law. In deciding whether the records shall
be made public, the Legislature shall consider whether the damage or loss to persons or
entities uniquely affected by the exemption of the type specified in subparagraph (6)(b)2.
or subparagraph (6)(b)3. would occur if the records were made public.
(8) Notwithstanding s. 768.28 or any other law, neither the state or its political subdivisions nor any
other public body shall be made party to any suit in any court or incur any liability for the repeal
or revival and reenactment of an exemption under this section. The failure of the Legislature to
comply strictly with this section does not invalidate an otherwise valid reenactment.
D. Exempt and confidential records and meetings- exemption summaries. It is
recommended that these summaries be used as a reference only --interested parties
should refer to the full text in the Florida Statutes before drawing legal conclusions.
Section 11.0431(2), F.S. -- The text of s. 11.0431, F.S., relating to exemptions from
disclosure for legislative records, is set forth in Appendix E.
Section 11.045(5)(b), F.S. -- The legislative committee responsible for ethical conduct of
lobbyists shall make sufficient deletions in advisory opinions issued pursuant to this subsection
to prevent disclosing the identity of persons in the decisions or opinions.
Section 11.26(1), F.S. -- Subject to s. 11.0431, legislative employees may not reveal to
anyone outside the area of their direct responsibility the contents or nature of any request for
services made by a legislator except with the consent of the member making the request.
Section 11.45(3)(i), F.S. -- The identity of a donor or prospective donor to Enterprise
Florida, Inc., who desires to remain anonymous is confidential and exempt from public disclosure
requirements and such anonymity shall be maintained in the auditor's report.
Section 11.45 (3) (j), F.S. -- The identity of a donor or prospective donor to the capital
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development board who desires to remain anonymous is confidential and exempt from public
disclosure requirements and such anonymity shall be maintained in the auditor's report.
Section 11.45(4)(c), F.S. -- Audit reports prepared by the Auditor General become public
records when final. Audit workpapers and notes are not public records; however, those materials
necessary to support the computations in the final audit report may be made available by majority
vote of the Legislative Auditing Committee after a public hearing showing proper cause.
Section 11.51(4), F.S. -- Work papers held by the Office of Program Policy Analysis and
Government Accountability (OPPAGA) which relate to an authorized project or a research
product are exempt.
Section 14.28, F.S. -- All records developed or received by a state entity relating to a Board
of Executive Clemency investigation are exempt from disclosure; however, such records may be
released upon the approval of the Governor.
Section 15.07, F.S. -- The journal of the executive session of the Senate shall be kept free
from inspection or disclosure except upon order of the Senate or court of competent jurisdiction.
Section 17.0401, F.S. -- Except as otherwise provided by this section, information relative
to an investigation by the Chief Financial Officer pursuant to s. 17.04 is confidential and exempt
from disclosure until the investigation is complete or ceases to be active, or if the Chief Financial
Officer submits such information to a law enforcement or prosecutorial agency, until that agency's
investigation is complete or ceases to be active as that term is defined in the section.
Section 17.076(5), F.S. -- All direct deposit records made prior to October 1, 1986, are
exempt from s. 119.07(1). With respect to direct deposit records made on or after October
1, 1986, the names of the authorized financial institutions and the account numbers of the
beneficiaries, as defined in the section, are confidential and exempt.
Section 17.325(3), F.S. -- A caller on the governmental efficiency hotline established by
the Chief Financial Officer under this section may remain anonymous, and, if the caller provides
his or her name, the name is confidential.
Section 20.055(6)(6), F.S. -- Inspector general audit workpapers and reports are public
records to the extent that they do not include information which has been made confidential and
exempt from s. 119.070). However, when the inspector general or a member of the staff receives
from an individual a complaint or information that falls within the definition provided in s.
112.3187(5), the name or identity of the individual shall not be disclosed to anyone else without
the individual's written consent, unless the inspector general determines that such disclosure is
unavoidable during the course of the audit or investigation.
Section 24.105(12)(a), F.S. -- The Department of the Lottery shall determine by rule
information, as set forth in the exemption, relating to the operation of the lottery which is
confidential and exempt from disclosure. To be deemed confidential, the information must be
necessary to the security and integrity of the lottery. Confidential information may be released
to other governmental entities as needed in connection with the performance of their duties;
such governmental entities shall retain the confidentiality of the information as provided for in
the subsection.
Section 24.105(12)(b), F.S. -- The Department of the Lottery shall maintain the
confidentiality of the street address and telephone number of a winner, in that such information
is confidential and exempt from disclosure, unless the winner consents to the release of such
information, or as provided for in s. 24.115(4) or s. 409.2577.
Section 24.108(7)(b), F.S. -- The portion of the Lottery Department's security report
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that contains specific recommendations is confidential and exempt from disclosure and may be
released only as authorized in the subsection.
Section 27.151, F.S. -- An executive order assigning or exchanging state attorneys pursuant
to s. 27.14 or s. 27.15, if designated by the Governor to be confidential, is exempt from disclosure.
The Governor may make public any such executive order by a subsequent executive order and
at the expiration of a confidential executive order or any extensions thereof, the executive order
and all associated orders and reports shall be open to the public pursuant to Ch. 119 unless the
information contained in the executive order is confidential pursuant to cited laws.
Section 28.222(3)0, F.S. -- Certified copies of death certificates authorized for issuance
by the Department of Health which exclude information made confidential under s. 382.008
and certified death certificates issued by another state shall be recorded by the clerk of circuit
court.
Section 28.2221, F.S. -- The clerk of court is prohibited from placing certain records
(military discharge or death certificate, and family law, probate, or juvenile court records) on a
publicly available Internet website. Those records which have already been placed on the Internet
must be removed if the subject of the record requests removal.
Section 39.00145(4), F.S. -- Notwithstanding any other provision of law, all state and
local agencies and programs that provide services to children or that are responsible for a child's
safety, including the listed agencies, and any provider contracting with such agencies, may share
with each other confidential records or information if the records or information are reasonably
necessary to ensure access to appropriate services for the child. However, records or information
made confidential by federal law may not be shared. Also, this subsection does not apply to
information concerning clients and records of certified domestic violence centers which are
confidential under s. 39.908 and privileged under s. 90.5036.
Section 39.0132(3), F.S. -- The clerk shall keep official records required by this chapter
separate from other court records. The records may be inspected only upon court order by persons
deemed to have a proper interest therein, except that, subject to the provisions of s. 63.162,
a child and the parents of the child and their attorneys, guardian ad litem, law enforcement
agencies, the Department of Children and Family Services and its designees shall have a right to
inspect and copy records pertaining to the child.
Section 39.0132 (4) (a)1., F.S. -- All information obtained pursuant to this part in the
discharge of official duty by any of the officials specified in the subsection is confidential and may
not be disclosed to anyone other than persons entitled to receive such information under Ch. 39
or upon court order.
Section 39.0132(4)(a)2., F.S. -- The following information held by a guardian ad litem
is confidential and exempt: medical, mental health, substance abuse, child care, education, law
enforcement, court, social services, and financial records; and any other information maintained
by a guardian ad litem which is identified as confidential information under Ch. 39, F.S. Such
confidential and exempt information may not be disclosed to anyone except as authorized in the
exemption.
Section 39.201(1) (d), F.S. -- Reporters to the central abuse hotline in the designated
occupation categories are required to provide their names to the hotline staff. The names of
reporters shall be entered into the record of the report but shall be held confidential as provided
in s. 39.202.
Section 39.201(2) (h), F.S. -- A telephone number, fax number, or Internet protocol (IP)
address from which the report was received by the hotline which is included in the abuse report
pursuant to this subsection shall enjoy the same confidentiality provided to the identity of the
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reporter pursuant to s. 39.202.
Section 39.202(1), F.S. -- All records held by the Department of Children and Family
Services concerning reports of child abandonment, abuse or neglect including reports made to
the central abuse hotline and all records generated as a result of such reports are confidential
and exempt from s. 119.070) and shall not be disclosed except as specifically authorized by this
chapter. Such exemption from s. 119.07(1) applies to information in possession of those entities
granted access pursuant to this section.
Section 39.202(2)(0), F.S. -- Access to records concerning reports of child abuse or
neglect shall be granted to any person in the event of the death of a child determined to be a
result of abuse, abandonment, or neglect. Information identifying the person reporting abuse,
abandonment, or neglect shall not be released, nor shall any information otherwise made
confidential or exempt by law.
Section 39.202(5), F.S. -- The name of any person reporting child abuse, abandonment,
or neglect shall not be released to any person except as authorized in the subsection, without the
written consent of the reporter.
Section 39.202(6), F.S. -- All records and reports of the child protection team of the
Department of Health are confidential and exempt from ss. 119.07(1) and 456.057, and shall
not be disclosed, except as provided in the subsection.
Section 39.301(18), F.S. -- When the initial interview with the child in a child protective
investigation or criminal investigation is conducted at school in the presence of school staff,
information received during the interview or from any other source regarding the alleged abuse or
neglect of the child shall be confidential and exempt, except as otherwise provided by court order.
Section 39.507(2), F.S. -- Dependency adjudicatory hearings are open to the public,
unless by special order the court determines that the public interest or welfare of the child is best
served by closing the hearing.
Section 39.510(4) and (5), F.S. --The case on appeal in a dependency proceeding and any
papers filed in appellate court shall be entitled with child's initials. The papers shall remain sealed
and shall not be open to public inspection. The original order of the appellate court with papers
filed in an appeal shall be sealed and not open to inspection except by order of the appellate court.
Section 39.702(5)(d), F.S. -- An independent not-for-profit agency authorized to
administer a citizen review panel established to make recommendations concerning foster care as
provided in this section shall ensure that all panel members have read, understood, and signed an
oath of confidentiality relating to written or verbal information provided to members for review
hearings.
Section 39.809(4), F.S. -- All hearings involving termination of parental rights are
confidential and closed to the public.
Section 39.814(3) and (4), F.S. -- All court records required by this part (termination of
parental rights) shall be kept separate from other records. Such records are not open to public
inspection. All information obtained pursuant to this part by officials specified therein shall be
confidential and exempt from s. 119.07(1) and may not be disclosed to anyone other than the
authorized officials and agencies, except by court order.
Section 39.815(4) and (5), F.S. -- An appeal in a case involving a termination of parental
rights must be docketed, and any papers filed in the appellate court must be titled with the
initials, but not the name, of the child and the court case number, and the papers must remain
sealed in the office of the appellate court clerk when not in use by the court and may not be open
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to public inspection. The original order of the appellate court, with all papers filed in the case on
appeal, must remain in the clerk's office, sealed and not open to inspection except by court order.
Section 39.821(1), F.S. -- Information collected pursuant to the security background
investigation for a guardian ad litem is confidential and exempt from s. 119.07(1).
Section 39.827(4), F.S. -- The hearing for appointment of a guardian advocate is
confidential. The court records are confidential and exempt from s. 119.07(1) and may be
inspected only upon court order or by the persons and entities identified in the subsection. All
information obtained pursuant to this part is confidential and exempt from s. 119.07(1) and shall
not be disclosed to anyone other than authorized personnel of the court or the Department of
Children and Family Services and its designees, except upon court order.
Section 39.908, F.S. -- Information about clients received by the Department of Children
and Family Services or by authorized persons employed by or volunteering services to a domestic
violence center, through files, reports, inspection or otherwise is confidential and exempt from
s. 119.07(1). Except as provided in the section, information about the location of domestic
violence centers and facilities is confidential and exempt from s. 119.070).
Section 40.50(2), F.S. -- The court should emphasize the confidentiality of notes taken by
jurors as provided in this subsection.
Section 44.102(3), F.S. -- All written communications in a court-ordered mediation
proceeding, other than an executed settlement agreement, shall be exempt from the requirements
of Ch. 119.
Section 44.201(5), F.S. -- Any information relating to a dispute which is obtained by any
person while performing any duties for a Citizen Dispute Settlement Center is exempt from s.
119.07(1).
Section 44.405(1), F.S. -- Except as provided in the section, mediation communications,
as defined in the Mediation Confidentiality and Privilege Act, are confidential.
Section 61.1827, F.S. -- Any information that reveals the identity of applicants for or
recipients of child -support services, including the name, address, and telephone number of such
persons, held by a non -Title IV -D county child -support enforcement agency is confidential and
exempt from public disclosure requirements.
Section 61.183(3), F.S. -- Information concerning mediation proceedings involving
contested issues relating to custody parental responsibility, primary residence, access to, visitation
with, or support of a child pursuant to this section which is obtained by any person performing
mediation duties is exempt from s. 119.07(1).
Section 61.404, F.S. -- A guardian ad litem shall maintain as confidential all information
and documents received from any source described in s. 61.403(2) and may not disclose such
information or documents except, in the guardian ad litem's discretion, in a report to the court
or as directed by the court.
Section 63.022(4)(1), F.S. -- The records of all proceedings concerning custody and
adoption of a minor are confidential and exempt except as provided in s. 63.162.
Section 63.0541, F.S. -- All information contained in the Florida Putative Father Registry
is confidential and exempt except as provided in the section.
Section 63.089(8), F.S. -- Except as provided in the exemption, all records relating to a
petition to terminate parental rights pending adoption are subject to the provisions of s. 63.162,
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F.S.
Section 63.102(1), F.S. -- Except for a joint petition for the adoption of a stepchild, a
relative, or an adult, any name by which the minor was previously known may not be disclosed
in the petition for adoption, the notice of hearing, or the judgment of adoption, or the court
docket as provided in s. 63.162(3).
Section 63.162(1), F.S. -- Hearings held in proceedings under the Florida Adoption Act
are closed.
Section 63.162 (2), F.S. -- All papers and records pertaining to an adoption are confidential
and subject to inspection only upon court order. Adoption papers and records of the Department
of Children and Family Services, a court, or any other governmental agency are exempt from s.
119.07(1).
Section 63.162(4), F.S. -- A person may not disclose from the records the name and
identity of a birth parent, an adoptive parent, or an adoptee except as authorized in the subsection.
Section 63.162(6), F.S. -- Except as provided in s. 63.162(4), identifying information
regarding birth parents, adoptive parents, and adoptees may not be disclosed unless a birth
parent, adoptive parent, or adoptee has authorized in writing the release of such information
concerning himself or herself.
Section 63.165(1), F.S. -- Except as provided in this section, information in the state
registry of adoption information is confidential and exempt.
Section 68.083(8), F.S. -- The complaint and information held by the Department of
Legal Affairs pursuant to an investigation of a violation of the False Claims Act is confidential
and exempt and may not be disclosed until the investigation is complete, or as otherwise provided
in the exemption.
Section 69.081(8), F.S. -- Any portion of an agreement which conceals information
relating to the settlement or resolution of any claim or action against an agency is void, contrary
to public policy and may not be enforced.
Section 73.0155, F.S. -- Except as provided in the exemption, specified business
information provided by the owner of a business to a governmental condemning authority as
part of an offer of business damages is confidential and exempt from disclosure requirements,
if the owner requests in writing that the business information be held confidential and exempt.
Section 90.502(5), F.S. -- Communications made by a person who seeks or receives
services from the Department of Revenue under the child support enforcement program to
the attorney representing the department shall be confidential and privileged and shall not be
disclosed to anyone other than the agency except as provided in this section.
Section 92.56, F.S. -- The confidential and exempt status of criminal intelligence
information or criminal investigative information made confidential and exempt pursuant to s.
119.071(2)(h) must be maintained in court records pursuant to s. 119.0714(1)(h) and in court
proceedings, including testimony from witnesses.
Section 97-057(2)(a)4. and 5., F.S. -- All declinations to register to vote pursuant to this
section (relating to voter registration by the Department of Highway Safety and Motor Vehicles)
will remain confidential and may be used only for voter registration purposes. The particular
driver license office in which the person applies to register to vote or updates a voter registration
record will remain confidential and may be used only for voter registration purposes.
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Section 97.0585, F.S. -- The following information is confidential and exempt and may be
used only for purposes of voter registration: declinations to register to vote made pursuant to ss.
97.057 and 97.058; information relating to the place where a person registered to vote or where
a person updated a voter registration; the social security number, driver license number, and
Florida identification number of a voter registration applicant or voter. The signature of a voter
registration applicant or a voter is exempt from the copying requirements.
Section 98.045(3), F.S. -- Each supervisor shall maintain for at least 2 years and make
available for public inspection and copying, all records concerning implementation of registration
list maintenance programs and activities conducted pursuant to cited statutes. The records must
include lists of the name and address of each person to whom a notice was sent and information
as to whether each such person responded to the mailing, but may not include any information
that is confidential or exempt from public records requirements under the Election Code.
Section 98.075(2)(c), F.S. — Information received by the Department of State from
another state or the District of Columbia upon the department becoming a member of the
nongovernmental entity provided in this subsection to share and exchange information in order
to verify voter registration information, which is confidential or exempt pursuant to the laws of
that state or the District of Columbia, is exempt from disclosure requirements.
Section 101.5607(1)(d), F.S. -- Section 119.071(1)(f) which provides an exemption from
s. 119.07(1) for data processing software designated as sensitive, applies to all software on file
with the Department of State.
Section 101.62(3), F.S. -- Information regarding a request for a vote -by -mail ballot that
is recorded by the supervisor of elections pursuant to this subsection is confidential and exempt
from s. 119.07(1) and shall be made available to or reproduced only for the individuals and
entities set forth in the exemption, for political purposes only.
Section 106.0706, F.S. -- All user identifications and passwords held by the Department
of State pursuant to s. 106.0705 are confidential and exempt from disclosure. Information
entered in the electronic filing system for purposes of generating a report pursuant to s. 106.0705
is exempt but is no longer exempt once the report is generated and filed with the Division of
Elections.
Section 106.25 (7), F.S. -- Except as otherwise provided in the subsection, sworn complaints
filed pursuant to Ch. 106 with the Florida Elections Commission, investigative reports or other papers
of the commission relating to a violation of Chs. 106 or 104, and proceedings of the commission
relating to a violation of said chapters are confidential and exempt from s. 119.07(1) and s. 286.011.
Section 110.1091(2), F.S. -- A state employee's personal identifying information contained
in records held by the employing agency relating to an employee's participation in an employee
assistance program is confidential and exempt.
Section 110.1127(2)(d) and (e), F.S. -- It is a first degree misdemeanor to willfully use
information contained in records obtained pursuant to employment screening required for certain
positions for purposes other than background screening or investigation for employment, or to
release such information to other persons for purposes other than preemployment screening or
investigation. It is a felony of the third degree for any person willfully, knowingly, or intentionally
to use juvenile records information for any purpose other than those specified in this section or to
release such information to other persons for purposes other than those specified in the section.
Section 110. 123 (5) (a), F.S. -- A physician's fee schedule used in the health and accident
plan is not available for inspection or copying by medical providers or other persons not involved
in the administration of the state group insurance program.
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Section 110.123(9), F.S. -- Patient medical records and medical claims records of state
employees, former state employees, and their eligible covered dependents, in the custody or
control of the state group insurance program are confidential and exempt.
Section 110.12301(3), F.S. — Records collected for the purpose of dependent eligibility
verification services conducted for the state group insurance program and held by the Department
of Management Services are confidential and exempt. This subsection does not apply to records
that are otherwise open for inspection and copying which are held by the Department for
purposes other than for the performance of dependent eligibility verification services.
Section 110.201(4), F.S. -- All discussions between the Department of Management
Services and the Governor, and between the Department of Management Services and the
Administration Commission, or agency heads, or between any of their respective representatives,
relative to collective bargaining, are exempt from s. 286.011 and all work products relative to
collective bargaining developed in conjunction with such discussions are confidential and exempt.
Section 112.0455(8)(1), F.S. -- All documentation relative to a state agency employer's
explanation as to why a job applicant or employee's explanation of positive drug test results is
unsatisfactory, along with the report of the positive test results, are confidential and exempt.
Section 112.0455(8)(t), F.S. -- The documentation prepared by a state agency employer
which formed the basis of the employer's determination that reasonable suspicion existed to
warrant drug testing under this section is confidential and exempt, except that a copy of this
documentation shall be given to the employee upon request.
Section 112.0455(11)(a), F.S. -- Except as provided in the subsection, all information,
interviews, reports, statements, memoranda, and drug test results, written or otherwise, received
or produced as a result of a state agency's drug testing program are confidential and are exempt
from disclosure except as provided in this section.
Section 112.08(7), F.S. -- Medical records and medical claims records in the custody of
county or municipal government relating to county or municipal employees, former county or
municipal employees, or eligible dependents of such employees enrolled in a county or municipal
group insurance plan or self-insurance plan are confidential and are exempt from s. 119.07(1).
Such records shall not be furnished to any person other than the employee or the employee's legal
representative, except as provided in the subsection.
Section 112.08(8), F.S. -- Patient medical records and medical claims records of water
management district employees, former employees, and eligible dependents in the custody or
control of a water management district under its group insurance plan established pursuant to s.
373.605 are confidential and exempt. Such records shall not be furnished to any person other
than the employee or the employee's legal representative except as provided in the subsection.
Section 112.21 (1), F.S. -- All records identifying individual participants in any contract or
account under s. 112.21 (relating to tax-sheltered annuities or custodial accounts for governmental
employees) and their personal account activities are confidential and exempt.
Section 112.215(7), F.S. -- All records identifying individual participants in any deferred
compensation plan and their personal account activities shall be confidential and exempt from
s. 119.07(1).
Section 112.3188(1), F.S. -- The identity of an individual who discloses in good faith
to the Chief Inspector General, an agency inspector general, a local chief executive officer, or
other appropriate local official information that alleges that an employee or agent of an agency
or independent contractor has violated certain laws or committed, or is suspected of committing,
specified acts may not be disclosed to anyone other than staff of the above officials without the
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written consent of the individual, unless such official determines that disclosure is authorized for
the reasons specified in the subsection.
Section 112.3188(2), F.S. -- Except as specifically authorized by s. 112.3189, or this
subsection, all information received by the Chief Inspector General or an agency inspector
general or information produced or derived from fact-finding or other investigations conducted
by the Department of Law Enforcement or the Florida Commission on Human Relations, is
confidential and exempt from disclosure if the information is being received or derived from
allegations as set forth in subsection (1) and an investigation is active. All information received
by a local chief executive officer or appropriate local official or information produced or derived
from fact-finding or investigations conducted by a local government pursuant to s. 112.3187(8)
(b), is confidential and exempt if the information is received or derived from allegations as set
forth in s. 112.3188(1)(a) or (b) and the investigation is active.
Section 112.31901, F.S. -- If certified pursuant to the exemption, an investigatory record
of the Chief Inspector General within the Office of the Governor or of the employee designated
by an agency head as the agency inspector general under s. 112.3189 is exempt from disclosure
requirements for the time period specified in the exemption. The provisions of this section do not
apply to whistle -blower investigations conducted pursuant to the whistle -blower act.
Section 112.3215 (8) (b), F.S. -- All proceedings, the complaint, and other records relating
to the investigation of a sworn complaint of a violation of this section which relates to executive
branch and Constitution Revision Commission lobbyists, and any meeting held pursuant to
the investigation, are confidential and exempt from disclosure until the alleged violator requests
in writing that such investigation and associated records and meetings be made public, or until
the Ethics Commission determines whether probable cause exists to believe that a violation has
occurred.
Section 112.3215 (8) (d), F.S. -- Records relating to an audit of a lobbying firm lobbying
the executive branch or the Constitution Revision Commission or an investigation of violations
of the lobbying compensation reporting laws and any meetings held pursuant to the investigation
or at which such an audit is discussed are exempt from public records and meetings requirements
either until the lobbying firm requests in writing that such records and meetings be made public
or until the Commission on Ethics determines there is probable cause that the audit reflects a
violation of the reporting laws.
Section 112.324(2), F.S. -- The complaint and records relating to the complaint or to
any preliminary investigation held by the Ethics Commission or other specified entities are
confidential and exempt from public disclosure. Written referrals and records relating to such
referrals held by the Commission and referring entities, and records relating to any preliminary
investigation of such referrals held by the Commission are confidential and exempt. Any portion
of a proceeding conducted by the Commission or other specified entities pursuant to a complaint
or referral are exempt from open meetings requirements. The above exemptions apply until: the
complaint is dismissed as legally insufficient; the alleged violator requests in writing that such
records and proceedings be made public; the Commission determines that it will not investigate
a referral; or the Commission or other listed entity determines whether probable cause exists to
believe that a violation has occurred.
Section 112.532(4)(b), F.S. -- The contents of the complaint and investigation shall
remain confidential until such time as the employing law enforcement agency makes a final
determination whether or not to issue a notice of disciplinary action consisting of suspension
with loss of pay, demotion, or dismissal.
Section 112.533(2)(a), F.S. -- Except as otherwise provided in this subsection, a complaint
filed against a law enforcement officer or correctional officer with a law enforcement agency or
correctional agency and all information obtained pursuant to the investigation of the complaint
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is confidential until the investigation ceases to be active, or until the agency head or agency head's
designee provides written notice to the officer who is the subject of the complaint, that the agency
has either concluded the investigation with a finding not to proceed with disciplinary action or
to file charges; or concluded the investigation with a finding to proceed with disciplinary action
or to file charges.
Section 119.071(1)(a), F.S. — Examination questions and answer sheets of examinations
administered for the purpose of licensure, certification, or employment are exempt. A person
who has taken the examination has the right to review his or her own completed examination.
Section 119.071(1) (b), F.S. — Sealed bids, proposals, or replies received by an agency
pursuant to a competitive solicitation, as defined in the exemption, are exempt until such
time as the agency provides notice of an intended decision or until 30 days after opening the
bids, proposals, or final replies, whichever is earlier. If an agency rejects all bids, proposals, or
replies submitted in response to a competitive solicitation and the agency concurrently provides
notice of its intent to reissue the competitive solicitation, the rejected bids, proposals, or replies
remain exempt until the agency provides notice of an intended decision concerning the reissued
competitive solicitation or until the agency withdraws the reissued competitive solicitation. A
bid, proposal, or reply is not exempt for longer than 12 months after the initial agency notice
rejecting all bids, proposals, or replies.
Section 119.071(1) (c), F.S. — Any financial statement that an agency requires a prospective
bidder to submit in order to prequalify for bidding or for responding to a proposal for a road or
any other public works project is exempt.
Section 119.071(1) (d), F.S. — A public record prepared by an agency attorney 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 litigation or proceedings, is exempt until the conclusion of the
litigation or proceedings.
Section 119.071(1) (e), F.S. — Any videotape or video signal that, under an agreement
with an agency, is produced, made, or received by, or is in the custody of, a federally licensed radio
or television station or its agent is exempt.
Section 119.071(1)(f), F.S. — Data processing software obtained by an agency under a
licensing agreement that prohibits its disclosure and which software is a trade secret, as defined in
s. 812.081, and agency -produced software that is sensitive are exempt.
Section 119.071(1) (g), F.S. — United States Census Bureau address information which is
held by an agency pursuant to the Local Update of Census Addresses Program authorized under
cited federal law, is confidential and exempt. Disclosure is authorized under the circumstances
listed in the exemption.
Section 119.071(2) (a), F.S. — All criminal intelligence and criminal investigative
information received by a criminal justice agency prior to January 25, 1979, is exempt.
Section 119.071(2) (b), F.S. — Whenever criminal intelligence information or criminal
investigative information held by a non -Florida criminal justice agency is available to a Florida
criminal justice agency only on a confidential or similarly restricted basis, the Florida criminal
justice agency may obtain and use such information in accordance with the conditions imposed
by the providing agency.
Section 119.071(2) (c), F.S. — Active criminal intelligence information and active criminal
investigative information are exempt. A request by made by a law enforcement agency to inspect
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or copy a public record that is in the custody of another agency and the custodian's response to
the request, and any information that would identify whether a law enforcement agency has
requested or received that public record are exempt, during the period in which the information
constitutes active criminal intelligence information or active criminal investigative information.
Section 119.071(2) (d), F.S. – Any information revealing surveillance techniques
or procedures or personnel is exempt. Any comprehensive inventory of state and local law
enforcement resources compiled pursuant to cited statute, and any comprehensive policies
or plans compiled by a criminal justice agency pertaining to the mobilization, deployment,
or tactical operations involved in responding to an emergency, as defined in cited statute, are
exempt, and unavailable for inspection except by cited agencies.
Section 119.071(2) (e), F.S. – Any information revealing the substance of a confession
of a person arrested is exempt, until such time as the criminal case is finally determined by
adjudication, dismissal, or other final disposition.
Section 119.071(2) (f), F.S. – Any information revealing the identity of a confidential
informant or source is exempt.
Section 119.071(2) (g)1., F.S. – All complaints or other records in the custody of any
agency which relate to a complaint of discrimination relating to race, color, religion, sex, national
origin, age, handicap, or marital status in connection with specified employment related activities
are exempt until a finding is made relating to probable cause, the investigation of the complaint
becomes inactive, or the complaint or other record is made part of the official record of any
hearing or proceeding. The exemption does not affect any function or activity of the Florida
Commission on Human Relations. Disclosure is authorized to governmental agencies as
provided in the exemption.
Section 119.071(2) (g)2., F.S. – If an alleged victim chooses not to file a complaint and
requests that records of the complaint remain confidential all records relating to an allegation of
employment discrimination are confidential and exempt.
Section 119.071(2) (h), F.S. –The following criminal intelligence information or criminal
investigative information is confidential and exempt: any information that reveals the identity of
the victim of the crime of child abuse as defined by ch. 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. 786.06(3)
(a); any information which may reveal the identity of a victim of any sexual offense including
a sexual offense proscribed in cited statutes; a photograph, videotape, or image of any part of
the body of the victim of a sexual offense prohibited under cited statutes, regardless of whether
the photograph, videotape, or image identifies the victim. Disclosure is authorized under the
circumstances cited in the exemption.
Section 119.071(2) (i), F.S. -- Any criminal intelligence information or criminal
investigative information that reveals the personal assets of the victim of a crime, other than
property stolen or destroyed during the commission of the crime, is exempt.
Section 119.071(2) (j)1., F.S. -- Any document that reveals the identity, home or
employment telephone number, home or employment address, or personal assets of the victim
of a crime and identifies that person as the victim of a crime, which document is received by an
agency that regularly receives information from or concerning the victims of crime, is exempt.
Any information not other exempt which reveals the above information of a person who has been
a victim of stated crimes is exempt upon written request of the victim which must include official
verification that an applicable crime has occurred. The exemption ends 5 years after the receipt
of the written request.
Section 119.071(2) (j)2., F.S.—Any information in a videotaped statement of a minor
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who is alleged to be or who is a victim of sexual battery, lewd acts, or other sexual misconduct
proscribed in cited statutes, which reveals specified information about that minor and identifies
that minor as the victim of a crime described in cited statutes is confidential and exempt.
Section 119.071(2) (k), F.S.—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 until the investigation ceases to be active or the
agency provides written notice to the employee who is the subject of the complaint in the manner
provided in the exemption.
Section 119.071(2) (1), F.S. – A body camera recording, or portion thereof, is confidential
and exempt if the recording is taken within the locations specified in the exemption. Disclosure
is authorized or required in specified circumstances.
Section 119.071(2) (m), F.S. – Criminal intelligence information or criminal investigative
information that reveals the personal identifying information of a witness to a murder, as described
in cited statute, is confidential and exempt for 2 years after the date on which the murder is
observed by the witness. Criminal justice agencies are authorized to disclose the information
under the circumstances set forth in the exemption.
Section 119.071(2) (n), F.S. – Personal identifying information of the alleged victim in an
allegation of sexual harassment is confidential and exempt. Such information may be disclosed
to another governmental entity in the furtherance of its official duties.
Section 119.071(2) (o), F.S. – The address of a victim of an incident of mass violence
is exempt. For purposes of the exemption, the term "victim" means a person killed or injured
during an incident of mass violence, not including the perpetrator. The term "incident of mass
violence" means an incident in which 4 or more people, not including the perpetrator, are severely
injured or killed by an intentional and indiscriminate act of violence of another.
Section 119.071(3) (a), F.S. – A security or firesafety system plan, as defined in the
exemption, or a portion thereof for an property owned by or leased to the state or any of its political
subdivisions; or for any privately owned or leased property held by an agency is confidential and
exempt. Disclosure is authorized under the circumstances set forth in the exemption.
Section 119.071(3) (b), F.S. – Building plans, blueprints, schematic drawings and diagrams
which depict the internal layout and structural elements of a building, arena, stadium, water
treatment facility, or other structure owned or operated by an agency are exempt. Disclosure is
authorized under the circumstances set forth in the exemption.
Section 119.071(3) (c), F.S. – Building plans, blueprints, schematic drawings, and
diagrams which depict the internal layout or structural elements of an attractions and recreation
facility, entertainment or resort complex, industrial complex, retail and service development,
office development, health care facility, or hotel or motel development, as these terms are defined
in the exemption, which records are held by an agency, are exempt. Disclosure is authorized
under the circumstances set forth in the exemption.
Section 119.071(3) (d), F.S. – Information relating to the National Public Safety
Broadband Network established in cited federal law which is held by an agency is confidential
and exempt if disclosure would reveal information cited in the exemption
Section 119.071(4) (a), F.S. – The social security number of all current and former agency
employees which are held by the employing agency are confidential and exempt. Disclosure is
authorized under the circumstances set forth in the section.
Section 119.071(4) (b)1., F.S. – Medical information pertaining to a prospective, current,
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or former officer or employee of an agency which, if disclosed, would identify that officer or
employee is exempt. However, the information may be disclosed if the person to whom the
information pertains or the person's legal representative provides written permission or pursuant
to court order.
Section 119.071(4) (b)2., F.S. – Personal identifying information of a dependent child, as
defined in cited statute, of a current or former officer of employee of an agency, which dependent
child is insured by an agency group insurance plan, is exempt.
Section 119.071(4) (c), F.S. – Any information revealing undercover personnel of any
criminal justice agency is exempt.
Section 119.071(4) (d), F.S.—Home addresses, telephone numbers, and other specified
personal information of specified current and former public employees and officers and their
families are exempt. For more information, please refer to the text of the Florida Statutes at www.
leg.state.fl.us or you may review pages 135-144 of this Manual.
Section 119.071(5) (a), F.S. – Social security numbers held by an agency are confidential
and exempt. Disclosure is authorized under the circumstances set forth in the exemption.
Section 119.071(5) (b), F.S. – Bank account numbers and debit, charge, and credit card
numbers held by an agency are exempt.
Section 119.071(5) (c), F.S. – Information that would identify or locate a child, as
that term is defined in the exemption, who participates in a government-sponsored recreation
program, as that term is defined in the exemption, is exempt. Information that would identify or
locate a parent or guardian of the child participant is exempt.
Section 119.071(5) (d), F.S. – All records supplied by a telecommunications company, as
defined by cited statute, to an agency which contain the name, address, and telephone number of
subscribers are confidential and exempt.
Section 119.071(5) (e), F.S. – Any information provided to an agency for the purpose of
forming ridesharing arrangements, which information reveals the identify of an individual who
has provided his or her name for ridesharing, as defined in cited statute, is exempt.
Section 119.071(5) (f), F.S. – Medical history records and information related to health or
property insurance provided to the Department of Economic Opportunity, the Florida Housing
Finance Corporation, a county, a municipality, or a local housing finance agency by an applicant
for or a participant in a federal, state, or local housing assistance program are confidential and
exempt. Disclosure is authorized under the circumstances set forth in the exemption.
Section 119.071(5) (g), F.S. – Biometric identification information, as defined in the
exemption, held by an agency before, on, or after the effective date of this exemption is exempt.
Section 119.071(5) (h), F.S. – Personal identifying information of an applicant for or a
recipient of paratransit services which is held by an agency is confidential and exempt. Disclosure
is authorized under the circumstances set forth in the exemption.
Section 119.071(5) (i), F.S. – Identification location information, as defined in the
exemption, of current or former federal prosecutors, judges, and magistrates and their spouses
and children is exempt, provided that certain conditions are met.
Section 119.071(5) (j), F.S. – Any information furnished by a person to an agency for the
purpose of being provided with emergency notification by the agency is exempt.
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Section 119.071(5) (k), F.S. — Identification location information, as defined in the
exemption, of servicemembers, as defined in the exemption, and their spouses and children, is
exempt, provided that certain conditions are met.
Section 119.0711, F.S. — When an agency of the executive branch of state government
seeks to acquire real property by purchase or through the exercise of eminent domain, all
appraisals, other reports relating to value, offers, and counter offers are exempt until execution
of a valid option contract, as defined in the exemption, or a written offer to sell that has been
conditionally accepted by the agency, at which time the exemption shall expire. An agency of
the executive branch may exempt title information, including names and addresses of property
owners whose property is subject to acquisition by purchase or through the exercise of the power
of eminent domain, from disclosure requirements to the same extent as appraisals, other reports
relating to value, offers, and counteroffers.
Section 119.0712(1), F.S. — All personal identifying information contained in records
relating to an individual's personal health or eligibility for health-related services held by the
Department of Health is confidential and exempt from disclosure requirements. Information
made confidential and exempt by this subsection shall be disclosed with the express written
consent of the individual or the individual's legal authorized representative; in a medical
emergency, but only to the extent necessary to protect the health or life of the individual; by
court order upon good cause; or to a health research agency under the conditions set forth in the
subsection.
Section 119.0712(2) (b), F.S. — Personal information, including highly restricted personal
information as defined in cited federal law, contained in a motor vehicle record, as defined in the
exemption, is confidential pursuant to the federal Driver's Privacy Protection Act of 1994, 18
U.S.C. ss 2721 et. seq. Such information may be released only as authorized by that act; however,
information received pursuant to that act may not be used for mass commercial solicitation of
clients for litigation against motor vehicle dealers.
Section 119.0712(2) (c), F.S. — E-mail addresses collected by the Department of Highway
Safety and Motor Vehicles pursuant to cited statutes are exempt from disclosure requirements.
Section 119.0712(2)(d), F.S. — Emergency contact information contained in a motor
vehicle record, is confidential and exempt. Without the express consent of the person to whom
such emergency contact information applies, the emergency contact information contained in
motor vehicle record may be released only to law enforcement agencies for purposes of contacting
those listed in an emergency.
Section 119.0712(3), F.S. — The following information held by the Office of Financial
Regulation is confidential: 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; any information received or developed by the Office
as part of a joint or multiagency examination or investigation with such agencies.
Section 119.0713(1), F.S. — All complaints and other records in the custody of any
unit of local government which relate to a complaint of discrimination relating to race, color,
religion, sex, national origin, age, handicap, marital status, sale or rental housing, the provision
of brokerage services, or the financing of housing are exempt until a finding is made relating to
probable case, the investigation of the complaint becomes inactive, or the complaint or other
record is made part of the official record of any hearing or court proceeding. This provision does
not affect any function or activity of the Florida Commission on Human Relations. Access by
specified agencies is authorized.
Section 119.0713(2) —The audit report of an internal auditor and the investigative report
of the inspector general prepared for or on behalf of a unit of local government, as defined in the
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exemption, becomes a public record when the audit report or investigative report becomes final.
An audit or investigation becomes final when it is presented to the unit of local government.
Audit workpapers and notes related to such audit and information received, produced, or derived
from an investigation are confidential until the audit or investigation is complete and the audit
report becomes final or when the investigation is no longer active. An investigation is active if it is
continuing with a reasonable, good faith anticipation of resolution and with reasonable dispatch.
Section 119.0713(3), F.S. — 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. The exemption commences when a municipal utility identifies in writing a specific
bid to which it intends to respond, and no longer applies when the conditions occur as set forth
in the exemption.
Section 119.0713(4), F.S. — Proprietary confidential information, as defined in the
exemption, which is held by an electric utility that is subject to Ch. 119 in conjunction with a
due diligence review of an electric project, as defined in cited statute, or a project to improve the
delivery, cost, or diversification of fuel or renewable energy resources is confidential and exempt.
Section 119.0713 (5), F.S. — Specified information technology security system information
held by a utility owned or operated by a unit of local government is exempt from public disclosure
requirements.
Section 121.031(5), F.S. -- The names and addresses of retirees are confidential and
exempt from s. 119.07(1) to the extent that no state or local governmental agency may provide
the names or addresses of such persons in aggregate, compiled, or list form to any person except
as authorized in the subsection.
Section 121.4501(19), F.S. -- Personal identifying information of a member in the
investment plan contained in Florida Retirement System records held by the State Board of
Administration or the Department of Management Services is exempt from public disclosure
requirements.
Section 125.0104(3) (h), F.S. -- Department of Revenue records showing the amount of
tourist development taxes collected, including the amount of taxes collected for and from each
county in which the tourist development tax is applicable, are open for inspection except as
provided in s. 213.053.
Section 125.0104(9) (d)1., F.S. -- Information given to a county tourism promotion
agency which, if released, would reveal the identity of persons or entities who provide information
as a response to a sales promotion effort, an advertisement, or a research project or whose names,
addresses, meeting or convention plan information or accommodations or other visitation needs
become booking or reservation list data, is exempt from disclosure.
Section 125.0104(9)(d)2. and 3., F.S. -- When held by a county tourism promotion
agency, the following are exempt from disclosure: booking business records, as defined in s.
255.047; trade secrets and commercial or financial information gathered from a person and
privileged or confidential, as defined and interpreted under 5 U.S.C. s. 552(b)(4), as amended;
and a trade secret, as defined in s. 812.081, F.S.
Section 125.012(26), F.S. -- Pursuant to authorization granted by this section concerning
certain transportation -related projects defined in s. 125.011, a board of county commissioners is
empowered to maintain the confidentiality of trade information and data to the extent that such
information is protected under applicable federal and federally -enforced patent and copyright
laws.
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Section 125.025, F.S. -- Pursuant to authorization granted by this section concerning
operation of export trading companies, a board of county commissioners is empowered to
maintain the confidentiality of trade information to the extent such information is protected
under applicable federal export trading company law, and under federal and federally enforced
patent and copyright laws.
Section 125.355(1), F.S. -- Appraisals, offers, and counteroffers relating to a county's
purchase of real property pursuant to this section are not available for public disclosure and are
exempt from s. 119.070) until an option contract is executed or, if no option contract is executed,
until 30 days before a contract or agreement for purchase is considered for approval by the board
of county commissioners. If a contract or agreement for purchase is not submitted to the board
for approval, then the exemption from s. 119.07(1) expires 30 days after the negotiations end.
A county that does not utilize the exemptions provided in this section may follow any procedure
not in conflict with Ch. 119 for the purchase of real property which is authorized in its charter
or established by ordinance.
Section 125.585(2), F.S. -- A county employee's personal identifying information
contained in records held by the employing county relating to that employee's participation in an
employee assistance program is confidential and exempt.
Section 125.901(11), F.S. -- Personal identifying information of a child or the parent
or guardian of the child, held by a council on children's services, juvenile welfare board, or
other similar entity created under this section or by special law, or held by a service provider or
researcher under contract with such entity, is exempt from disclosure requirements.
Section 163.01(15) (m), F.S. -- Material received by a public agency in connection with its
joint ownership or right to the services, output, capacity, or energy of an electric project under the
Florida Interlocal Cooperation Act, which is designated by the person supplying such material
as proprietary confidential business information, as defined in the paragraph, or which a court
of competent jurisdiction has designated as confidential or secret, shall be kept confidential and
exempt from s. 119.07(1).
Section 163.64, F.S. -- An agency that participates in the creation or administration of
a collaborative client information system may share client information, including confidential
client information, with other members of the collaborative system as long as the restrictions
governing the confidential information are observed by any other agency granted access to the
confidential information.
Section 166.0444, F.S. -- A municipal employee's personal identifying information
contained in records held by the employing municipality relating to that employee's participation
in an employee assistance program is confidential and exempt.
Section 166.045(1), F.S. --Appraisals, offers, and counteroffers relating to a municipality's
purchase of real property pursuant to this section are not available for public disclosure and
are exempt from s. 119.07(1) until an option contract is executed or, if no option contract is
executed, until 30 days before a contract or agreement for purchase is considered for approval by
the governing body of the municipality. If a contract or agreement for purchase is not submitted
to the governing body for approval, then the exemption from s. 119.070) expires 30 days after
the negotiations end. A municipality that does not utilize the exemptions from Ch. 119 provided
in this section may follow any procedure not in conflict with Ch. 119 for the purchase of real
property which is authorized in its charter or established by ordinance.
Section 192.0105(4), F.S. -- Taxpayers have the right to have information kept
confidential, including those records set forth in the exemption.
Section 192.105, F.S. -- Federal tax information obtained pursuant to 26 U.S.C. s. 6103
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is confidential and exempt from s. 119.07(1).
Section 193.074, F.S. -- All returns of property and returns required by former s. 201.022
submitted by the taxpayer pursuant to law shall be deemed to be confidential in the hands of the
property appraiser, the clerk of the circuit court, the Department of Revenue, the tax collector,
the Auditor General, and the Office of Program Policy Analysis and Government Accountability,
and their employees and persons acting under their supervision and control, except upon court
order or order of an administrative body having quasi-judicial powers in ad valorem tax matters.
Section 193.114(5), F.S. -- For the purpose of furnishing copies of the tax roll under
119.070), the property appraiser is the custodian of the tax roll. The Department of Revenue or
any state or local agency may use copies of the tax roll received by it for official purposes and shall
permit inspection and examination thereof pursuant to s. 119.070), but is not required to furnish
copies of the records. A social security number submitted under s. 196.011(1) (application for
tax exemption) is confidential and exempt.
Section 195.027(3), F.S. -- Financial records produced by a taxpayer under this section
shall be confidential in the hands of the property appraiser, the Department of Revenue, the tax
collector, and the Auditor General and shall not be divulged to any person, firm, or corporation,
except upon court order or order of an administrative body having quasi-judicial powers in ad
valorem tax matters, and such records are exempt from s. 119.070).
Section 195.027(6), F.S. -- The information form disclosing unusual fees, costs and terms
of financing of the sale or purchase of property shall be filed with the clerk of the circuit court
at the time of recording and shall be confidential and exempt in the hands of all persons after
delivery to the clerk, except as provided in the subsection.
Section 195.084(1), F.S. -- This section (authorizing the exchange of information among
the Department of Revenue, the property appraisers, the tax collector, the Auditor General, and
the Office of Program Policy Analysis and Government Accountability) shall supersede statutes
prohibiting disclosure only with respect to those entities, but the Department of Revenue may
establish regulations setting reasonable conditions upon access to and custody of such information.
The Auditor General, the Office of Program Policy Analysis and Government Accountability,
the tax collectors and the property appraisers shall be bound by the same requirements of
confidentiality as the department.
Section 195.096(2)(e), F.S. -- All data and samples developed or obtained by the
Department of Revenue in the conduct of assessment ratio studies are confidential and exempt
until a presentation of the study findings is made to the property appraiser.
Section 196.101(4) (c), F.S. -- Records of gross income produced by a taxpayer claiming
exemption for totally and permanently disabled persons are exempt from s. 119.07(1) and are
confidential in the hands of the property appraiser, the Department of Revenue, the tax collector,
the Office of Program Policy Analysis and Government Accountability, and the Auditor General
and shall not be divulged to any person, firm, or corporation, except upon court order or order of
an administrative body having quasi-judicial powers in ad valorem tax matters.
Section 197.3225(1), F.S. —A taxpayer's e-mail address held by a tax collector for sending
specified tax notices or for obtaining the taxpayer's consent to send notices is exempt from
disclosure requirements.
Section 202.195, F.S. -- Proprietary confidential business information, as defined in
the exemption, which is obtained from a telecommunications company or franchised cable
company for the purposes of imposing fees for occupying the public rights-of-way, assessing
the local communications services tax, or regulating the public rights-of-way, held by a local
government entity, is confidential and exempt from public disclosure requirements. Maps or
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other engineering data held by a local governmental entity that relate to the exact location and
capacity of facilities for the provision of communications services shall be exempt from disclosure
but only for 60 days after completion of construction of the facilities.
Section 206.27(2), F.S. -- Any information concerning audits in progress or those records
or files of the Department of Revenue described in this section which are currently the subject
of pending investigation by the Department of Revenue or the Florida Department of Law
Enforcement are exempt from s. 119.07(1) and are considered confidential; and may not be
released except as authorized in the subsection.
Section 211.125(10), F.S. -- All returns and information filed with the Department of
Revenue under this part providing for a tax on production of oil and gas are confidential and
exempt from s. 119.070), and such returns or information shall be protected from unauthorized
disclosures as provided in s. 213.053.
Section 211.33(5), F.S. -- The use of information contained in any tax return filed by
a producer (i.e., a person severing solid minerals from the soils and waters of the state) or in
any books, records or documents of a producer shall be as provided in s. 213.053, and shall be
confidential and exempt from s. 119.07(1).
Section 212.0305(3)(4), F.S. -- Records of the Department of Revenue showing the
amount of taxes collected, including taxes collected from each county in which a resort tax
is levied, are subject to the provisions of s. 213.053, and are confidential and exempt from s.
119.07(1).
Section 213.015(9), F.S. -- Unless otherwise specified by law, Florida taxpayers have the
right to have taxpayer tax information kept confidential.
Section 213.053(2)(a), F.S. -- All information contained in returns, reports, accounts,
or declarations received by the Department of Revenue, including investigative reports and
information and including letters of technical advice, is confidential except for official purposes
and is exempt from s. 119.07(1).
Section 213.0532(8), F.S. -- Any financial records obtained pursuant to this section
relating to information -sharing arrangements between the Department of Revenue and
financial institutions may be disclosed only for the purpose of, and to the extent necessary for,
administration and enforcement of the tax laws of this state.
Section 213.0535 (5), F.S. -- A provision of law imposing confidentiality upon data shared
under this section (providing for the Registration Information Sharing and Exchange Program
within the Department of Revenue), including, but not limited to, a provision imposing penalties
for disclosure, applies to recipients of this data and their employees. Data exchanged under this
section may not be provided to a person or entity except as authorized in the exemption.
Section 213.21(3) (a), F.S. -- The Department of Revenue shall maintain records of all
compromises of a taxpayer's liability; the records of compromises shall not be subject to disclosure
pursuant to s. 119.070) and shall be considered confidential information governed by s. 213.053.
Section 213.22(2), F.S. -- The Department of Revenue may not disclose, pursuant to
s. 119.07(1), a technical assistance advisement or request therefor to any person other than
the person requesting the advisement or his or her representative, or for official departmental
purposes without deleting identifying details of the person to whom the advisement was issued.
Section 213.27(6), F.S. -- Confidential information shared by the Department of Revenue
with debt collection or auditing agencies under contract with the department is exempt from s.
119.07(1) and such debt collection or auditing agencies are bound by the same requirements of
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confidentiality as the department.
Section 213.28(6), F.S. -- Certified public accountants entering into contracts with the
Department of Revenue are bound by the same confidentiality requirements and subject to the same
penalties as the department under s. 213.053. Any return, return information, or documentation
obtained from the Internal Revenue Service under an information -sharing agreement is confidential
and exempt from disclosure and shall not be divulged or disclosed in any manner by any department
officer or employee to any certified public accountant under a contract authorized by this section
unless the department and the Internal Revenue Service mutually agree to such disclosure.
Section 215.4401 (1), F.S. -- Records and information of the State Board of Administration
relating to acquiring, hypothecating, or disposing of real property or specified related interests are
confidential and exempt from s. 119.07(1) in order to achieve certain stated purposes. Records
relating to value, offers, counteroffers, or negotiations are confidential and exempt until closing is
complete and all funds have been disbursed. Records relating to tenants, leases, and other specified
matters are confidential and exempt until the executive director determines that release would not
be detrimental to the board's interest or conflict with its fiduciary responsibilities.
Section 215.4401(2), F.S. -- Records and other information relating to investments made
by the State Board of Administration are confidential and exempt from s. 119.070) until 30 days
after completion of an investment transaction. However, if in the executive director's opinion,
it would be detrimental to the board's financial interests or cause a conflict with its fiduciary
responsibilities, information concerning service provider fees may be kept confidential until 6
months after negotiations relating to such fees have been terminated.
Section 215.4401(3) (b), F.S. -- "Proprietary confidential business information", as defined
in the exemption, that is held by the State Board ofAdministration regarding alternative investments
is confidential and exempt for a period of 10 years after the termination of the alternative investment
unless disclosure is permitted under the circumstances set forth in the exemption.
Section 215.555(4)0, F.S. -- Information described in 215.557 which is contained in
an examination report conducted on an insurer pursuant to this subsection, is confidential and
exempt, as provided in s. 215.557.
Section 215.557, F.S. -- The reports of insured values under certain insurance policies by
zip code submitted to the State Board of Administration pursuant to s. 215.555 are confidential
and exempt.
Section 220.242, F.S. -- Estimated tax returns filed under the Florida Income Tax Code
are confidential, and exempt from s. 119.07(1).
Section 252.355(4), F.S. -- Records relating to the registration of persons with special
needs for emergency management purposes pursuant to this section are confidential and exempt
from s. 119.07(1), except such information is available to other emergency response agencies, as
determined by the local emergency management director. Local law enforcement agencies shall
be given complete shelter roster information upon request.
Section 252.88(1), F.S. -- Trade secret information which applicable federal law authorizes
an employer to exclude from materials submitted shall be furnished to the State Hazardous
Materials Emergency Response Commission upon request. However, such information shall be
confidential and exempt from s. 119.07(1) and shall not be disclosed by the Commission except
as authorized in the subsection.
Section 252.88(2) and (3), F.S. -- When applicable law authorizes the withholding
of disclosure of the location of specific hazardous chemicals, such information is confidential
and exempt from s. 119.07(1). All information, including, but not limited to, site plans and
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specific location information on hazardous chemicals furnished to a fire department pursuant to
applicable law, shall be confidential and exempt while in the possession of the fire department.
Section 252.905(1), F.S. -- Any information furnished by a person or a business to the
Division of Emergency Management for the purpose of being provided assistance with emergency
planning is exempt.
Section 252.943, F.S. -- In accordance with the federal Clean Air Act, trade secret
information provided to the Division of Emergency Management by the owner or operator of
a stationary source subject to the Accidental Release Prevention Program is confidential and
exempt from disclosure, except as provided in the exemption.
Section 253.025(8)(1), F.S. — Except as provided in the exemption, appraisal reports
prepared for the Board of Trustees of the Internal Improvement Trust Fund or an agency are
confidential and exempt until an option contract is executed or, if no option contract is executed,
until 2 weeks before a contract or agreement for purchase is considered for approval by the board
of trustees.
Section 253.025(9)(d), F.S. -- All offers or counteroffers shall be documented in writing
and shall be confidential and exempt from s. 119.07(1) until an option contract is executed, or
if no option contract is executed, until 2 weeks before a contract or agreement for purchase is
considered for approval by the Board of Trustees of the Internal Improvement Trust Fund.
Section 253-0341(8)(a), F.S. -- A written valuation of land determined to be surplus
and related documents are confidential and exempt. The exemption expires 2 weeks before the
contract or agreement regarding the disposition of the surplus land is first considered for approval
by the Board of Trustees of the Internal Improvement Trust Fund. Prior to expiration of the
exemption, disclosure of certain information is authorized under the circumstances described in
the exemption.
Section 255.047(2), F.S. -- The booking business records (as defined in the section) of
a publicly owned or operated convention center, sports stadium, coliseum, or auditorium are
exempt from disclosure. However, such facility shall furnish its booking business records and
related information to the Department of Revenue upon the department's request if necessary for
the department to administer its duties.
Section 255.065 (15), F.S. —An unsolicited proposal received by a responding public entity
is exempt until such time as the entity provides notice of an intended decision for a qualifying
project, as defined in this section relating to public-private partnerships, or as otherwise provided
in the exemption. Any portion of a meeting of a responsible public entity during which an
unsolicited proposal that is exempt is discussed is exempt from s. 286.011, F.S. A complete
recording must be made of any portion of an exempt meeting. No portion of the exempt meeting
may be held off the record. The recording becomes public under the circumstances provided in
the exemption.
Section 257.261, F.S. -- Registration and circulation records of public libraries, except
statistical reports of registration and circulation are confidential and exempt from s. 119.07(1).
Except as authorized by court order, a person may not make known in any manner any
information contained in such records, except as provided in this section. Violation of this section
is a second degree misdemeanor.
Section 257.38(2) and (3), F.S. -- Public records transferred to the Division of Library
and Information Services of the Department of State are subject to s. 119.07(1), except that
any record provided by law to be confidential shall not be made accessible until 50 years after
creation of the record. Any nonpublic manuscript or other archival material which is placed in
the keeping of the division under special terms and conditions, shall be made accessible only in
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