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. […]
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 […]
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, […]
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 […]
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 […]
119.0701 Contracts; public records; request for contractor records; civil action.— (1) DEFINITIONS.—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, […]
119.071 General exemptions from inspection or copying of public records.— (1) AGENCY ADMINISTRATION.— (a) Examination questions and answer sheets of examinations administered by a governmental agency for the purpose of licensure, certification, or employment are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. A person who has taken such an examination has the […]
119.0711 Executive branch agency exemptions from inspection or copying of public records.—When an agency of the executive branch of state government seeks to acquire real property by purchase or through the exercise of the power of eminent domain, all appraisals, other reports relating to value, offers, and counteroffers must be in writing and are exempt from […]
119.0712 Executive branch agency-specific exemptions from inspection or copying of public records.— (1) DEPARTMENT OF HEALTH.—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 s. 119.07(1) and s. 24(a), Art. I of the State Constitution, except as […]
119.0713 Local government agency exemptions from inspection or copying of public records.— (1) 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 of housing, the provision of brokerage services, or […]
119.0714 Court files; court records; official records.— (1) COURT FILES.—Nothing in this chapter shall be construed to exempt from s. 119.07(1) 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 […]
119.0715 Trade secrets held by an agency.— (1) DEFINITION.—“Trade secret” has the same meaning as in s. 688.002. (2) PUBLIC RECORD EXEMPTION.—A trade secret held by an agency is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. (3) AGENCY ACCESS.—An agency may disclose a trade secret to an officer or employee of […]
119.0725 Agency cybersecurity information; public records exemption; public meetings exemption.— (1) As used in this section, the term: (a) “Breach” means unauthorized access of data in electronic form containing personal information. Good faith access of personal information by an employee or agent of an agency does not constitute a breach, provided that the information is not used for […]
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 […]
119.092 Registration by federal employer’s registration number.—Each state agency which registers or licenses corporations, partnerships, or other business entities shall include, within its numbering system, the federal employer’s identification number of each corporation, partnership, or other business entity registered or licensed by it. Any state agency may maintain a dual numbering system in which the federal […]
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. 119.07(1) is subject to suspension and removal or impeachment and, in addition, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 […]
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 […]
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 […]
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 […]
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. 119.07(1) or s. 286.011. This act does not […]
