FAQs

1. What is a public record?

According to the Florida Sunshine Law, a public record includes all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, made or received pursuant to law or ordinance or in connection with the transaction of official business by any agency.

2. Who can request public records?

Any person can request public records in Florida, without a need for a statement of purpose.

3. What agencies or entities are subject to public records laws?

The law applies to any public body, officer, or agency at the state, county, or municipal level.

4. Are there any fees associated with making a public records request?

Yes, the agency can charge a reasonable fee, per Section 119.07(4), F.S.

5. How long does it take to process a public records request?

Florida law requires agencies to respond to a public records request within a reasonable time.

6. How can I request public records?

Requests can typically be made by mail, email, phone, or in person.

7. Are there any exceptions or exemptions to public records law?

Yes, there are many exemptions outlined in Section 119.071, F.S. Some examples of exempted records are law enforcement records (ex active investigation), security/firesafety plans, medical records, attorney-client privilege, and certain personal identifying information.

8. Can a public records request be denied? If so, on what grounds?

A request can be denied if it falls under one of the statutory exemptions.

9. How can I appeal a denial of a public records request?

A denial can be appealed by filing a lawsuit in the local circuit court.

10. Can I request any document or information from any state agency?

Yes, unless the document or information is exempt.

11. Is there a limit on the amount of information I can request?

No, there’s no limit. Broader requests may require extensive use of resources and personnel, and may incur fees per Section 119.07(4)(d), F.S. 

Requesting public records within a specific date range can help speed up search results and reduce the associated fees.

12. Are there penalties for agencies failing to comply with public records law?

Yes, failure to provide access to public records could lead to fines and/or criminal charges.

13. Do elected officials’ communications fall under public records law?

Yes, communications made or received in connection with official business are considered public records.

14. Do electronic communications (like emails or text messages) fall under public records law?

Yes, electronic communications are included if they are related to official business.

15. Can an agency redact certain information from public records?

Yes, if the information is exempt from public records requirements. See #7.