90-211; s. 24, ch. A contractor who fails to provide the public records to the public agency within a reasonable time may be subject to penalties under s. 119.10. I of the State Constitution. Florida Statutes Chapter 1002, entitled Student and Parental Rights and Educational Choices, contains a number of regulations regarding the Florida education system, including access to … Is taken in a place that a reasonable person would expect to be private. 1, 2, ch. 2016-49; s. 1, ch. 2007-250; s. 1, ch. (Open Meetings) and on Chapter 119 F.S. Concluded the investigation with a finding to proceed with disciplinary action or file charges. 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. “Custodian of public records” means the elected or appointed state, county, or municipal officer charged with the responsibility of maintaining the office having public records, or his or her designee. A custodian of public records or a person having custody of public records may designate another officer or employee of the agency to permit the inspection and copying of public records, but must disclose the identity of the designee to the person requesting to inspect or copy public records. 2005-251; ss. You are entitled to view the records of all state, county, or 98-403; s. 2, ch. 91-45; s. 1, ch. This exemption applies to information held by an agency before, on, or after the effective date of this exemption. then the agency is likely to charge up to $1 per page. In addition, criminal intelligence and criminal investigative information shall be considered “active” while such information is directly related to pending prosecutions or appeals. 2013-248; s. 1, ch. Contain a statement of the specific purposes for which it needs the social security numbers and how the social security numbers will be used in the performance of a commercial activity, including the identification of any specific federal or state law that permits such use. § 119.07(4). Additional exemptions from the application of this section appear in the General Index to the Florida Statutes under the heading “Public Records.”. These front line folks are the people the public necessarily has to deal with, and they should be trained to avoid obvious violations of the law. 88-188; s. 26, ch. When ballots are produced under this section for inspection or examination, no persons other than the supervisor of elections or the supervisor’s employees shall touch the ballots. 95-399; s. 1, ch. The division shall establish a time period for the retention or disposal of each series of records. As each agency increases its use of and dependence on electronic recordkeeping, each agency must provide reasonable public access to records electronically maintained and must ensure that exempt or confidential records are not disclosed except as otherwise permitted by law. Will E.U. The disclosure of the social security number is for the purpose of the administration of a pension fund administered for the agency employee’s retirement fund, deferred compensation plan, or defined contribution plan. 2015-146; s. 1, ch. The law is very broad and applies to many forms of records. 85-86; s. 1, ch. To the parties in a pending criminal prosecution as required by law. ... 119.0712. I of the State Constitution. A surviving spouse shall be given reasonable notice of a petition filed with the court to view or copy a photograph or video recording that depicts or records the killing of a law enforcement officer who was acting in accordance with his or her official duties or the killing of a victim of mass violence, or to listen to or copy any such audio recording, a copy of such petition, and reasonable notice of the opportunity to be present and heard at any hearing on the matter. Proprietary confidential business information held by an electric utility that is subject to this chapter in conjunction with a due diligence review of an electric project as defined in s. 163.01(3)(d) or a project to improve the delivery, cost, or diversification of fuel or renewable energy resources is confidential and exempt from s. 119.07(1) and s. 24(a), Art. The home addresses, telephone numbers, dates of birth, and photographs of current or former firefighters certified in compliance with s. 633.408; the names, home addresses, telephone numbers, photographs, dates of birth, and places of employment of the spouses and children of such firefighters; and the names and locations of schools and day care facilities attended by the children of such firefighters are exempt from s. 119.07(1) and s. 24(a), Art. 2018-117; s. 1, ch. If the public agency does not possess the requested records, the public agency shall immediately notify the contractor of the request, and the contractor must provide the records to the public agency or allow the records to be inspected or copied within a reasonable time. Any comprehensive inventory of state and local law enforcement resources compiled pursuant to part I, chapter 23, and any comprehensive policies or plans compiled by a criminal justice agency pertaining to the mobilization, deployment, or tactical operations involved in responding to an emergency, as defined in s. 252.34, are exempt from s. 119.07(1) and s. 24(a), Art. 98-136; s. 37, ch. For purposes of this paragraph, “identification and location information” means the: Home address, telephone number, and photograph of a current or former United States attorney, assistant United States attorney, judge of the United States Courts of Appeal, United States district judge, or United States magistrate; Home address, telephone number, photograph, and place of employment of the spouse or child of such attorney, judge, or magistrate; and. Notwithstanding s. 768.28 or any other law, neither the state or its political subdivisions nor any other public body shall be made party to any suit in any court or incur any liability for the repeal or revival and reenactment of an exemption under this section. 1, 2, ch. Governmental entities or their agents shall have access to such confidential and exempt records and information for the purpose of auditing federal, state, or local housing programs or housing assistance programs. 2015-86; s. 1, ch. complicated, or if you anticipate that the agency might deny your § 119.01. The Legislature is further aware that over time this unique numeric identifier has been used extensively for identity verification purposes and other legitimate consensual purposes. UF hosts an online Public Records Center to … Florida Law requires government agencies to provide public records in the format requested if the records already exist in that format. 2014-72; s. 1, ch. The court, upon a showing of good cause, may issue an order authorizing any person to view or copy a photograph or video recording that depicts or records the killing of a law enforcement officer who was acting in accordance with his or her official duties or the killing of a victim of mass violence, or to listen to or copy an audio recording that depicts or records the killing of a law enforcement officer who was acting in accordance with his or her official duties or the killing of a victim of mass violence, and may prescribe any restrictions or stipulations that the court deems appropriate. As used in this paragraph, the term “security or firesafety system plan” includes all: Records, information, photographs, audio and visual presentations, schematic diagrams, surveys, recommendations, or consultations or portions thereof relating directly to the physical security or firesafety of the facility or revealing security or firesafety systems; Threat assessments conducted by any agency or any private entity; Manuals for security or firesafety personnel, emergency equipment, or security or firesafety training. The following criminal intelligence information or criminal investigative information is confidential and exempt from s. 119.07(1) and s. 24(a), Art. E. The City Council is powerless to pass exemptions to the Florida Public Records Law… The disclosure of the social security number is for the purpose of the administration of the Uniform Commercial Code by the office of the Secretary of State. 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 victims or relatives of the victims of the reported crimes or accidents and may not knowingly disclose such information to any third party for the purpose of such solicitation during the period of time that information remains exempt or confidential. 85-301; s. 2, ch. Accelerated hearing; immediate compliance. 93-404; s. 4, ch. 89-29; ss. 2007-94; ss. 67-125; s. 4, ch. In the 5th year after enactment of a new exemption or substantial amendment of an existing exemption, the exemption shall be repealed on October 2nd of the 5th year, unless the Legislature acts to reenact the exemption. This exemption applies retroactively. The home addresses, telephone numbers, dates of birth, and photographs of current or former investigators or inspectors of the Department of Business and Professional Regulation; the names, home addresses, telephone numbers, dates of birth, and places of employment of the spouses and children of such current or former investigators and inspectors; and the names and locations of schools and day care facilities attended by the children of such current or former investigators and inspectors are exempt from s. 119.07(1) and s. 24(a), Art. 2004-335; s. 2, ch. 2011-83; s. 1, ch. ; the Fair Credit Reporting Act, 15 U.S.C. Criminal intelligence information or criminal investigative information that is confidential and exempt as provided in s. 119.071(2)(h) or (m). 2019-12; s. 1, ch. I of the State Constitution. As used in this section, the term “officer-elect” means the Governor, the Lieutenant Governor, the Attorney General, the Chief Financial Officer, and the Commissioner of Agriculture. I of the State Constitution: Any information that reveals the identity of the victim of the crime of child abuse as defined by chapter 827 or that reveals the identity of a person under the age of 18 who is the victim of the crime of human trafficking proscribed in s. 787.06(3)(a). 2008-57; s. 1, ch. Each public official shall systematically dispose of records no longer needed, subject to the consent of the records and information management program of the division in accordance with s. 257.36. 2005-251; s. 15, ch. 83-269; s. 1, ch. Follow us on Twitter. An identifiable public purpose is served if the exemption meets one of the following purposes and the Legislature finds that the purpose is sufficiently compelling to override the strong public policy of open government and cannot be accomplished without the exemption: Allows the state or its political subdivisions to effectively and efficiently administer a governmental program, which administration would be significantly impaired without the exemption; Protects information of a sensitive personal nature concerning individuals, the release of which information would be defamatory to such individuals or cause unwarranted damage to the good name or reputation of such individuals or would jeopardize the safety of such individuals. Each agency shall review whether its collection of social security numbers is in compliance with subparagraph 2. Legislative review of exemptions from public meeting and public records requirements. I of the State Constitution until execution of a valid option contract or a written offer to sell that has been conditionally accepted by the agency, at which time the exemption shall expire. This exemption applies to any such records held by an agency before, on, or after the effective date of this act. This section does not create a private right of action authorizing the award of monetary damages for a person who brings an action to enforce the provisions of this chapter. Public records shall be maintained and preserved as follows: All public records should be kept in the buildings in which they are ordinarily used. The open government laws in Florida are focused on three areas: Statutory public records↓, Statutory public meetings↓, Judicial access decisional law↓. Without the express consent of the person to whom such emergency contact information applies, the emergency contact information contained in a motor vehicle record may be released only to law enforcement agencies for purposes of contacting those listed in the event of an emergency. Any state or federal agency that is authorized to have access to such documents by any provision of law shall be granted such access in the furtherance of such agency’s statutory duties, notwithstanding this section. I of the State Constitution. “Commercial entity” means any corporation, partnership, limited partnership, proprietorship, sole proprietorship, firm, enterprise, franchise, or association that performs a commercial activity in this state. 2003-110; s. 1, ch. 75-225; s. 7, ch. A request made by a law enforcement agency to inspect or copy a public record that is in the custody of another agency and the custodian’s response to the request, and any information that would identify whether a law enforcement agency has requested or received that public record are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution until a finding is made relating to probable cause, the investigation of the complaint becomes inactive, or the complaint or other record is made part of the official record of any hearing or court proceeding. 2016-214; s. 2, ch. The county recorder is not liable for the inadvertent release of social security numbers, or bank account, debit, charge, or credit card numbers, filed with the county recorder. The following information held by the Department of Economic Opportunity, the Florida Housing Finance Corporation, a county, a municipality, or a local housing finance agency is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution until the investigation ceases to be active, or until the agency provides written notice to the employee who is the subject of the complaint, either personally or by mail, that the agency has either: Concluded the investigation with a finding not to proceed with disciplinary action or file charges; or. This exemption applies to records held before, on, or after the effective date of this exemption. Documents given or required by law or agency rule to be given to the person arrested, except as provided in s. 119.071(2)(h) or (m), and, except that the court in a criminal case may order that certain information required by law or agency rule to be given to the person arrested be maintained in a confidential manner and exempt from the provisions of s. 119.07(1) until released at trial if it is found that the release of such information would: Be defamatory to the good name of a victim or witness or would jeopardize the safety of such victim or witness; and. 2016-47; s. 2, ch. 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 s. 119.07(1) and s. 24(a), Art. This exemption no longer applies after the contract for sale, distribution, or use of the service, commodity, or tangible personal property is executed, a decision is made not to execute such contract, or the project is no longer under active consideration. If the agency determines that collection of a social security number is not in compliance with subparagraph 2., the agency shall immediately discontinue the collection of social security numbers for that purpose. If there is no surviving spouse, the surviving parents shall have access to such records. “Telephone numbers” includes home telephone numbers, personal cellular telephone numbers, personal pager telephone numbers, and telephone numbers associated with personal communications devices. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. 2003-110; s. 7, ch. I of the State Constitution if a servicemember submits to an agency that has custody of the identification and location information: A written request to exempt the identification and location information from public disclosure; and. If a civil action is instituted within the 30-day period to enforce the provisions of this section with respect to the requested record, the custodian of public records may not dispose of the record except by order of a court of competent jurisdiction after notice to all affected parties. An agency that is the custodian of the information specified in subparagraph 2. and that is not the employer of the officer, employee, justice, judge, or other person specified in subparagraph 2. shall maintain the exempt status of that information only if the officer, employee, justice, judge, other person, or employing agency of the designated employee submits a written request for maintenance of the exemption to the custodial agency. 2004-335. This section provides for the review and repeal or reenactment of an exemption from s. 24, Art. “Paratransit” has the same meaning as provided in s. 427.011. This exemption does not affect any function or activity of the Florida Commission on Human Relations. The disclosure of the social security number is necessary for the receiving agency or governmental entity to perform its duties and responsibilities. The custodian of public records may charge the person making the photographs for supervision services at a rate of compensation to be agreed upon by the person desiring to make the photographs and the custodian of public records. 93-404; s. 4, ch. I of the State Constitution; Exempt from s. 119.07(1) or s. 286.011; and. s. 4, ch. 1, 2, ch. ss. “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). 89-283; s. 2, ch. agency-specific exemptions pursuant to which an agency can refuse to ; or the Financial Services Modernization Act of 1999, 15 U.S.C. 67-125; s. 2, ch. 2008-57; s. 1, ch. This paragraph is subject to the Open Government Sunset Review Act in accordance with s. 119.15 and shall stand repealed on October 2, 2022, unless reviewed and saved from repeal through reenactment by the Legislature. 30, 31, ch. I of the State Constitution. 85-18; s. 1, ch. Imperative for the performance of that agency’s duties and responsibilities as prescribed by law. Note that the law only applies to existing documents. 75-225; s. 2, ch. The custodian of the record, or his or her designee, may not permit any other person to view or copy such photograph or video recording or listen to or copy such audio recording without a court order. Those portions of a recording which are protected from disclosure by another public records exemption shall continue to be exempt or confidential and exempt. I of the State Constitution until the audit or investigation is complete and the audit report becomes final or when the investigation is no longer active. to respond, make sure that you have the denial in writing. Due to popular demand the Berkman Klein Center is keeping the website online, but. 2016-164; s. 1, ch. This exemption applies to such information held by a utility owned or operated by a unit of local government before, on, or after the effective date of this exemption. Any person has a right to request a county recorder to remove from an image or copy of an official record placed on a county recorder’s publicly available Internet website or on a publicly available Internet website used by a county recorder to display public records, or otherwise made electronically available to the general public, any social security number contained in an official record. For all other copies, the actual cost of duplication of the public record. Requests may be made by contacting FDLE’s records custodian in the Office of General Counsel by phone at . 89-29; s. 7, ch. Any public officer who violates this paragraph commits a noncriminal infraction, punishable by a fine not exceeding $500 per violation. This paragraph is subject to the Open Government Sunset Review Act in accordance with s. 119.15 and shall stand repealed on October 2, 2021, unless reviewed and saved from repeal through reenactment by the Legislature. The home addresses, telephone numbers, and dates of birth of county tax collectors; the names, home addresses, telephone numbers, dates of birth, and places of employment of the spouses and children of such tax collectors; and the names and locations of schools and day care facilities attended by the children of such tax collectors are exempt from s. 119.07(1) and s. 24(a), Art. A fee may not be charged for the redaction of a social security number pursuant to such a request. 88-188; s. 1, ch. A request for maintenance of a public records exemption in s. 119.071(4)(d)2. made pursuant to s. 119.071(4)(d)3. must specify the document type, name, identification number, and page number of the court record that contains the exempt information. By court order upon a showing of good cause. It does not include the display or bulk sale of social security numbers to the public or the distribution of such numbers to any customer that is not identifiable by the commercial entity. 2007-251; s. 1, ch. A fee may not be charged for such request. 2000-164; s. 1, ch. If an officer-elect, individually or as part of a transition process, creates or uses an online or electronic communication or recordkeeping system, all public records maintained on such system shall be preserved so as not to impair the ability of the public to inspect or copy such public records. 32, 33, ch. For information about obtaining public records, please call 850-245-9759 or send an email to PRR@fldoe.org.. Florida Department of Education Bank account numbers and debit, charge, and credit card numbers as provided in s. 119.071(5)(b). 1, 2, ch. The agency shall not finally accept the offer for a period of 30 days in order to allow public review of the transaction. Any information revealing undercover personnel of any criminal justice agency is exempt from s. 119.07(1) and s. 24(a), Art. 2019-28; ss. entity acting on behalf of one of these agencies. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (telephone number, e-mail address, and mailing address) . 92-152; s. 59, ch. “Attractions and recreation facility” means any sports, entertainment, amusement, or recreation facility, including, but not limited to, a sports arena, stadium, racetrack, tourist attraction, amusement park, or pari-mutuel facility that: Provides single-performance facilities; or. If you are interested, please contact us for more details. Name and location of the school or day care facility attended by the child of such attorney, judge, or magistrate. I of the State Constitution. Data processing software as provided in s. 119.071(1)(f). 95-399; s. 121, ch. However, in exemptions under this subparagraph, only information that would identify the individuals may be exempted; or. For purposes of this paragraph, the term “incident of mass violence” means an incident in which four or more people, not including the perpetrator, are severely injured or killed by an intentional and indiscriminate act of violence of another. 2020-48. This section is not intended to repeal an exemption that has been amended following legislative review before the scheduled repeal of the exemption if the exemption is not substantially amended as a result of the review. 2017-11; s. 2, ch. A law enforcement agency must retain a body camera recording for at least 90 days. 85-18; s. 1, ch. 96-230; s. 5, ch. The name, sex, age, and address of a person arrested or of the victim of a crime except as provided in s. 119.071(2)(h) or (o). obtain. 2006-1; s. 5, ch. 2010-162; s. 4, ch. The clerk of the court does not have a duty to inquire beyond the written request to verify the identity of a person requesting redaction. A public record that was prepared by an agency attorney (including an attorney employed or retained by the agency or employed or retained by another public officer or agency to protect or represent the interests of the agency having custody of the record) or prepared at the attorney’s express direction, that reflects a mental impression, conclusion, litigation strategy, or legal theory of the attorney or the agency, and that was prepared exclusively for civil or criminal litigation or for adversarial administrative proceedings, or that was prepared in anticipation of imminent civil or criminal litigation or imminent adversarial administrative proceedings, is exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. At any time, an individual has the right to inspect and/or copy public records. 85-53; s. 1, ch. 1, 2, ch. ss. 2004-335; s. 1, ch. I of the State Constitution if such attorney, judge, or magistrate submits to an agency that has custody of the identification and location information: A written request to exempt such information from public disclosure; and. Any person unlawfully possessing public records must within 10 days deliver such records to the lawful custodian of public records unless just cause exists for failing to deliver such records. Note: This page covers information specific to Florida. You are entitled to inspect and copy "public records," including 2017-133; s. 1, ch. I of the State Constitution. agency to disclose the records. 2007-95; s. 1, ch. The Florida Public Records Law states that any person can inspect and copy public records. 89-55; s. 1, ch. The office may obtain and use the information in accordance with the conditions imposed by the joint or multiagency agreement. 84-298; s. 13, ch. 5942, 1909; RGS 424; CGL 490; s. 1, ch. 2001-364; s. 1, ch. 96-178; s. 1, ch. 2009-169; ss. “Redact” means to conceal from a copy of an original public record, or to conceal from an electronic image that is available for public viewing, that portion of the record containing exempt or confidential information. Pursuant to Article I, section 24 of the Florida Constitution, and chapter 119, F.S., I am requesting an opportunity to inspect or obtain copies of public records that [Describe the records or information sought with enough detail for the public agency to respond. An investigation is active if it is continuing with a reasonable, good faith anticipation of resolution and with reasonable dispatch. 2002-391; s. 11, ch. 2006-180; s. 1, ch. 96-410; s. 1, ch. 1, 3, ch. I of the State Constitution. While a If the office fails to certify an exemption that it subsequently determines should have been certified, it shall include the exemption in the following year’s certification after that determination. The request must specify the identification page number that contains the social security number to be redacted. Proceeds from the sale or licensing of copyrighted data processing software shall be deposited by the agency into a trust fund for the agency’s appropriate use for authorized purposes. 94-128; s. 3, ch. The time, date, and location of the incident and of the arrest. 2004-32; ss. held by an agency is confidential and exempt from s. 119.07(1) and s. 24(a), Art. 85-152; s. 1, ch. Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law… Any data, record, or document used directly or solely by a municipally owned utility to prepare and submit a bid relative to the sale, distribution, or use of any service, commodity, or tangible personal property to any customer or prospective customer is exempt from s. 119.07(1) and s. 24(a), Art. 93-232; s. 3, ch. The home addresses, telephone numbers, dates of birth, and photographs of current or former human resource, labor relations, or employee relations directors, assistant directors, managers, or assistant managers of any local government agency or water management district whose duties include hiring and firing employees, labor contract negotiation, administration, or other personnel-related duties; the names, home addresses, telephone numbers, dates of birth, and places of employment of the spouses and children of such personnel; and the names and locations of schools and day care facilities attended by the children of such personnel are exempt from s. 119.07(1) and s. 24(a), Art.
2020 florida public records request law