Using Public Records

The Florida Constitution guarantees citizens the right to inspect most documents generated or stored by government agencies and elected bodies.

Citizens aren't required to make the requests in writing or explain why they want the records.

Florida law exempts some records from public view, including many that would reveal the identity of minors and sex-crime victims. In addition, nearly 900 other exemptions protect specific information -- such as medical records, autopsy photos and building plans for public buildings -- from public review.

Q: Where should I start?

A: Identify the agency that maintains the records you want. Call, write or e-mail the agency to request the records and cite Florida Statute 119, the law that makes records public.

Q: How long should it take?

A: Florida law does not set a specific deadline for agencies to produce the documents.

However, the statute says that the only delay permitted in turning over records "is the limited, reasonable time allowed the custodian to retrieve the record and delete those portions of the record the custodian asserts are exempt."

Q: What if I'm refused?

A: If an agency refuses to turn over the records, ask them to cite what exemption they are relying on to deny your request. If they can't tell you the exemption and still refuse to provide the records, it's time to turn to the state attorney general's mediation program or find a lawyer.

Q: How much will it cost?

A: If no specific fee has been established by state law, an agency can generally charge up to 15 cents per page for copies.

It also can charge for staff time if the request requires an excessive amount of work to compile. The fees can't be more than the actual cost to the agency.

Q: What are the consequences for public agencies if I'm denied access to public records?

A: Public employees who knowingly violate the public records law are guilty of a misdemeanor punishable by one year in prison or a $1,000 fine, or both.

You can file a complaint with your local state attorney.

In addition, a person who has been denied access can sue in civil court and recoup attorney's fees if they win.

Q: Where can I go for help?

A: You may want to start by reading Florida's public records statute, which appears in Chapter 119. www.flsenate.gov/statutes.

The state attorney general runs a mediation program that citizens can turn to for help in solving disputes over public records. Usually the process can be handled over the phone. (850) 245-0157.

The attorney general plays a role in interpreting Florida law and regularly issues opinions on how public records should be handled. Those opinions are archived and might relate to your situation. You can find them at www.myfloridalegal.com.