Refresher/Primer: The Scope, Purpose, And Enforcement Mechanisms Of Florida's Public Records Act

• Jurisdiction: Florida,United States
• Law Firm: Lewis Brisbois Bisgaard & Smith LLP
• Subject Matter: Government, Public Sector, Privacy, Privacy Protection, Constitutional & Administrative Law
• Author: David Michael Robbins and Sean P. Shecter
• Published date: 23 January 2023

Florida's Public Records Act (the Act) (Fla. Stat., '119.01 et seq) is a vital piece of legislation that ensures the public has free access to records held by the State and its agencies. The Act is an important tool for ensuring transparency and accountability in government, and applies to a wide range of documents, including emails, letters, reports, and other materials generated or received in the course of conducting public business.

It is important for individuals and organizations to be aware of their rights, and the State's responsibilities, under the Act. The Act can have significant implications for clients engaged in litigation and can serve as an important source of valuable information when negotiating a settlement pre-suit. This client alert provides an overview of the key provisions of the Act and how it impacts the public's access to public records in Florida.

Purpose of the Act

Florida courts have long articulated that "the purpose of the Public Records Act, in broad terms, is 'to open public records to allow Florida's citizens to discover the actions of their government.'" Board of Trustees, Jacksonville Police & Fire Pension Fund v. Lee, 189 So.3d 120, 124 (Fla. 2016) (internal citations omitted). The access to public records is held to be of such critical importance to the functioning of society that the right has not only been codified into statute, but has been codified into the Florida Constitution as well. See Art. I, '24(a), Fla. Const.; Fla. Stat., '119.01. The Florida Supreme Court in particular "has described the right of access to public records as a 'cornerstone of our political culture.'" Board of Trustees, Jacksonville Police & Fire Pension Fund v. Lee, 189 So.3d 120, 124 (Fla. 2016) (quoting In re Report & Recommendations of Judicial Mgmt. Council of Fla. on Privacy & Elec. Access to Court Records, 832 So.2d 712, 713 (Fla. 2002)).

What is a Public Record?

Florida law defines "public records" broadly to include 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.

'119.011 Fla. Stat.

Even certain documents prepared by, and solely within the possession of, private parties may be public records if they are prepared in connection with the transaction of...