Florida Public Records Law

Enacted in 1967, the Sunshine Law is Florida's public record law. The Sunshine Law, also called Government in the Sunshine Law, is a set of rules governing public access to governmental proceedings of public boards or commissions at both the state and local levels.

The law mandates that all state, county, and municipal records be open to personal inspection and copying by the public. Florida's Government in the Sunshine Law also provides the public with a constitutional right of access to collegial public bodies and applies to any board or commission of any state agency or authority or any agency or authority of any county, municipal corporation, or political subdivision.

Where Do I Submit a Public Record Request in Florida?

Per Section 119.07 of the Florida Status, every person with custody of a public record must permit the records to be inspected. Hence, a request to inspect or copy public records in Florida must be made to the custodian of the specific record desired. Under the Sunshine Law, the custodian of a public record may be defined as the appointed or elected municipal, county, or state officer, or the officer's designee, charged with maintaining the public records of an office or agency.

How Do I Request Public Records in Florida?

You may request a public record in Florida in the following way:

• Identify the government agency that maintains the record you want
• Contact the agency's custodian of public records or designated office to determine how requests are accepted. Requests may be submitted online, via email, mail, or in person.
• Provide required information such as your name, contact information, and details about the record desired
• Pay the relevant fee
• Wait for a response

Various third-party websites aggregate and provide online access to public records. You may use any such website as an alternative way to access public records in Florida.

What Records are Public in Florida?

Many records maintained by Florida government agencies are public. Commonly requested ones are:

• Vital Records: Birth records are only open to the individuals named on the documents or as provided by law. Certified copies of marriage and death certificates (excluding the confidential cause of death section) may be obtained by any member of the public.
• Property Records: Examples include deeds, liens, mortgages, and property tax and valuation information
• Judicial Records: These include civil and criminal case files from the Florida circuit and district courts.
• Law Enforcement Records: Crime statistics, arrest records, and police reports.
• Government Finance Records: These include budget reports, expenditures, and audit reports.

Who Can Request Public Records in Florida?

Under the Florida Sunshine Law, all municipal, county, and state records are open for inspection and copying by any person. Per Section 1.03 (3) of Florida Statutes, "any person" may be minors, individuals, companies, partnerships, organizations, trusts, corporations, business trusts, estates, alliances, fiduciaries, and any other groups or associations.

What Is the Response Time for Public Records Requests in Florida?

The Sunshine Law does not set a specific response time for public records requests. However, government agencies are required to respond promptly. Typically, most agencies respond within 10 business days. However, if the request involves extensive records or sorting, the agency may need additional time.

What Is the Fee Charged for Providing Copies of Public Records?

The fee for providing copies of public records typically includes the actual cost of duplication. The Sunshine Law allows agencies to charge up to:

• 15 cents per page for single-sided copies.
• 20 cents per page for double-sided copies.
• $1.00 per copy for certified copies.

Anyone may inspect public records free of charge.

What Records Are Exempted Under the Florida Public Law?

Although the Florida Sunshine Law promotes transparency, some records are exempt from public disclosure. These include:

• Examination questions and answer sheets for licensure, certification, or employment exams
• Personal information such as Social Security numbers, medical information, birth certificates, and personal identifying information of participants in the Florida Retirement System Investment Plan
• Information identifying undercover personnel with any law enforcement agency
• Personal identifying information of victims in allegations of sexual harassment
• Records prepared by an agency attorney reflecting mental impressions, conclusions, litigation strategy, or legal theory prepared exclusively for litigation or adversarial administrative proceedings
• Adoption records
• Autopsy photographs and videos
• Trade secrets
• Attorney-client privileged information
• Juvenile records