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FREQUENTLY ASKED QUESTIONS
Public Records
1. What is the Public Records Law?
2. Do I have the right to look at public records?
3.
Which agencies’ records are open to the public?
4. Do I have a right to view computerized records?
5. Are there exemptions to the Public Records Law?
6. Which government bodies are subject to the Public Records
Law?
7. How can I get access to Public Records?
8. What if a portion of the material requested in a public
record is exempt from disclosure?
9. Can I be charged for a public record?
10. Where can I find a sample Public Records Request
letter?
1. What is the Public Records Law?
The Public Records Law is outlined in Chapter 119 of the Florida
Statutes. This companion to the Sunshine Law requires that all
governmental records be open for public inspection and copying
unless these is a specific exemption approved by the state Legislature.
The Public Records Law allows citizens to look at reports of crime
in their areas or the professional backgrounds of the people teaching
their children. Citizens can evaluate how much is being spent on
emergency services at the local public hospital or how much state
employees are getting paid. In addition to being able to attend
government meetings and review public records, citizens may attend
most judicial proceedings in Florida and review many of the documents
that are filed in court proceedings. State and federal courts have
ruled that criminal and civil trials and hearings generally should
be open to the public, along with any documents that are filed
and transcripts of those proceedings.
• View the Florida
regulations on records management
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2. Do I have the right to look at public records?
The Florida Public Records Law is outlined in Chapter 119 of the
Florida Statutes and gives the public access to public records.
Public records are defined as “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 in connection with government agency business. The
Florida Supreme Court has interpreted this definition to encompass
all material prepared to “perpetuate, communicate or formalize
knowledge.”
•
Florida Public Records Law, Chapter 119 of the Florida
Statutes
• The
Report of the Florida Supreme Court on Public Records
• Florida Constitution chapter on privacy and public
records
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3. Which agencies’ records are open to the public?
When officials circulate material for review, comment or information,
the material is a public record. Records of advisory bodies, private
organizations or independent contractors acting as agents of government
agencies are public unless covered by a specific exemption.
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4. Do I have a right to view computerized records?
In 1995, Florida amended its definition of a public record to specifically
include computer records and data processing software. Even e-mail
messages made or received in connection with official business
are public records. The statute says that automation of public
records must not erode the public’s right of access. Therefore,
computerized records are governed by the same rule as paper documents.
Agencies must provide a copy of public records in the medium requests
if the agency maintains the record in that medium. However, an
agency is not required to create a new record to meet a requester’s
particular needs.
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5. Are there exemptions to the Public Records Law?
Before denying access, a public records custodian must specifically
state, in writing if requested, which part of the law exempts a
record. There are more than 850 separate records exempted from
the Public Records Law. For a list of examples see A
Citizen’s
Guide, page 14.
• 2001 Florida Senate Interim Project Report on Public
Records exemptions
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6. Which government bodies are subject to the Public Records
Law?
All units of state, county and local government are subject to
the Public Records Law, as are advisory bodies, private organization
or independent contractors acting on behalf of any public agency.
However, neither public funding nor a government contract automatically
makes a private organization subject to the law. The Florida Supreme
Court developed a “totality of factors” approach as
a guide for evaluating whether a private entity is subject to the
Public Records Law.
CASE IN POINT: In 1990, a baseball team and a Florida city both
violated a state public records act and were both responsible
for attorney's fees and costs in a publisher's suit because
the city
improperly delegated its record keeping functions to the team
in secret negotiations. Times Pub. Co. v. St. Petersburg, Case
Nos.
88-02240, 88-02241, Court of Appeal of Florida, Second District,
558 So. 2d 487; 1990 Fla. App.
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7. How can I get access to Public Records?
The Florida Public Records Law states that any person can inspect
and copy public records. An individual does not need to state
a purpose or special interest to obtain access to a record and
does not need to present identification.
First, identify the agency holding the record and the person within
that agency who is the records custodian. Second, make the request
for the public record as specific as possible. Although a verbal
request is sufficient, a written request is often more effective.
•
Sample public records request letter
•
Links to government record databases online
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8. What if a portion of the material requested in a public
record is exempt from disclosure?
When a portion of the material requested is exempt from disclosure,
a records custodian must provide the non-exempt material. For example,
event thought the name of the victim of a sexual assault is exempt
from disclosure, the police report itself is not. Once the identifying
material is removed, the report must be released.
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9. Can I be charged for a public record?
If you want a copy of a record, the custodian may charge only the
actual cost of duplication. The law allows the records custodian
to charge higher fees for certain records and when requests require
extensive assistance.
• For an example of a fee associated with a request for public records,
visit the Florida Department of Law Enforcement.
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10. Where can I find a sample Public Records Request letter?
A
sample
public
records request letter is provided by the Brechner
Center.
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