Florida/Georgia Personal Injury & Workers Compensation

...his discharge; and that Bux-ton was not given a post-stigmatization opportunity to clear his name. 10 The basis of the district court’s grant of summary judgment is that the mere availability of Buxton’s internal affairs report under Fla.Stat. §§ 119.01 (1987) et seq., which detailed the circumstances leading to his discharge, did not satisfy the publication (made public) requirement under the due process analysis....

...In its simplest form, they argue that Buxton failed to prove any publication of the events surrounding his discharge. Plant City and Chief Surrency argue that the internal affairs report at issue in this case is a public record under Florida Statute § 119.01 (1987)....

...at 2706 . Bolling v. Sharpe, 347 U.S. at 499-500 , 74 S.Ct. at 694-695 . Because of the stigmatizing material in Buxton’s personnel file and the internal affairs report of the English incident, both a part of the public records pursuant to Fla.Stat. §§ 119.01 and 119.07, Buxton has been foreclosed from several employment opportunities....

...ereafter to inspection pursuant to chapter 119. If the investigation ceases to be active without a finding relating to probable cause, the complaint and all such information shall be opened thereafter to inspection pursuant to chapter 119. Fla.Stat. § 119.01 (1987) (substantively the same as Fla.Stat. § 119.01 (1983), in effect at the time of Buxton’s signed release) provides, in pertinent part: 119.01....

...lower court's order. [2] Turning now to the second issue, we will consider the arguments made by New Smyrna in support of its claimed right to maintain the confidentiality of its records. In enacting the Public Records Act, the legislature stated in section 119.01 that the statute's purpose was to open all state, county, and municipal records for personal inspection by any person....

...e of public records. The Public Records Act, chapter 119, Florida Statutes (1981), provides that "It is the public policy of this state that all state, county and municipal records shall at all times be open for a personal inspection by any person." Section 119.01(1)....

...See also Tribune Co., Inc. v. Public Records, supra. Petitioner's remaining arguments are without merit, and therefore the petition for writ of certiorari is denied. PETITION DENIED. UPCHURCH, C.J., and SHARP, J., concur. NOTES [1] Florida Statute 119.01 et seq....

...The state attorney was one of the named defendants. On the same day the trial court issued a rule to show cause, returnable later that day, pursuant to section 119.11, Florida Statutes (1983). After hearing, the court ordered the defendants to release the information listed in section 119.011(3)(c) as not included in the definitions of "criminal intelligence information" and "criminal investigation information" as those terms are used in the public records law....

...This order is the basis of the second appeal in this consolidated case. As to other documents whose release plaintiffs sought, the trial court found those still qualified as active criminal investigative information which the defense had not yet received. The issue is whether section 119.011(3)(c)5, Florida Statutes (1983), which excludes from the definitions of "criminal intelligence information" and "criminal investigation information" "[d]ocuments given or required by law or agency rule to be given to a person arrested...

....220, thus receding from Blankenship. We conclude that it should not. I The state attorney's first argument which we wish to discuss is that this court failed to focus on the distinction in meaning between the expression "person arrested" as used in section 119.011(3)(c)5 and the term "defendant" as that term figures in the application of rule 3.220; that, as a result, Blankenship was wrongly decided; and that, accordingly, the trial court in the present case, and this court in its order denying...

...*779 In Blankenship, the items to which a reporter sought to have access were tape recordings obtained by the state attorney and, upon a demand for discovery, already shared with the criminal defendant. This court ruled that the tape recordings were documents within the meaning of section 119.011(3)(c)5, and held that once access had been given the criminal defendant the legislature did not intend that they be withheld from others....

...at anything disclosed to the defendant ceases to be secret from the public when the public records statute says criminal investigative or intelligence information directly related to a pending criminal trial or appeal is "active" unless time-barred, section 119.011(3)(d), and that active criminal investigative or intelligence information is exempt from disclosure under the statute, section 119.07(2)(d), we suggest that information communicated to a person arrested is by statute excluded from the...

...A further, though not wholly independent, reason to support the trial court's conclusions in the orders here under appeal, lies in the fact that the Public Records Law first states all-inclusively that state, county and municipal records shall at all times be open for personal inspection by anyone. § 119.01....

...Forsberg and Freeman appealed *374 the dismissal prior to the 1980 jurisdictional amendment, and we have jurisdiction pursuant to article V, section 3(b)(1), Florida Constitution (1972). We agree with the circuit court. Florida's stated policy is that public records are open for personal inspection. § 119.01. The housing authority is an agency whose records are public. § 119.011....

...c knowledge about files showing their income, assets, bank accounts, medical histories, and other matters of a personal nature. In Count I of the complaint, appellants claim that the policy of releasing tenant files to the general public pursuant to section 119.01, Florida Statutes (1977), violates the right of privacy implicit in article I, section 2, of the Florida Constitution; Count II claims a violation of the first, fourth, fourteenth amendments of the United States Constitution inasmuch a...

...ection 286.011, Florida Statutes (1983), and Public Records Act, chapter 119, Florida Statutes (1983). "It is the policy of this state that all state, county, and municipal records shall at all times be open for a personal inspection by any person." § 119.01, Fla....

...inal intelligence purposes. The general purpose of the Florida Public Records Act is to open public records so that Florida's citizens can discover the actions of their government. Browning v. Walton, 351 So.2d 380, 381 (Fla. 4th DCA 1977). Further, Section 119.01(1), Florida Statutes (1993), expressly provides that "it is the policy of this state that all state, county, and municipal records shall at all times be open for a personal inspection by any person." Given this underlying policy, the A...

...tive criminal investigation remains of significant concern. Thus, the Legislature has provided exceptions to the general Public Records Act for "active criminal intelligence information" and "active criminal investigative information," as defined in section 119.011, Florida Statutes (1993)....

...Therefore, whether in the possession of West Palm Beach or Riviera Beach, the requested information enjoys exempted status. Finally, we affirm the trial court's ruling that the City of Riviera Beach must comply with the disclosure requirements of sections 119.07(2) and 119.011(3)(c) by making partial disclosure of certain non-exempt information contained in the records including, inter alia, the date, time and location of the incident....

...(1979). However, there is no doubt but that Tober, as Director of the Agency, is the officer "charged by law with the responsibility of maintaining the office" and is consequently the custodian of the subject records. § 119.021, Fla. Stat. (1979). Section 119.01, Florida Statutes (1979), expresses this state's policy that such records "shall at all times be open for a personal inspection by any person." To permit an agency head to avoid his responsibility simply by transferring documents to an...

...ient. See Briggs v. Salcines, 392 So.2d 263 (Fla. 2d DCA 1980), pet. for review denied, 397 So.2d 799 (Fla.), cert. denied, 454 U.S. 815, 102 S.Ct. 92, 70 L.Ed.2d 84 (1981). It is conceded that the subject reports were "public records" as defined by Section 119.011(1), Florida Statutes (1979), and therefore subject to disclosure, while in the hands of the "client" Agency....

...The general purpose of the Public Records Act (Chapter 119, Florida Statutes (1995)), is to open public records to allow Florida's citizens to discover the actions of their government. City of Riviera Beach v. Barfield, 642 So.2d 1135, 1136 (Fla. 4th DCA 1994), rev. denied, 651 So.2d 1192 (Fla.1995). Section 119.01(1), Florida Statutes (1995), expressly provides that "[i]t is the policy of this state that all state, county, and municipal records shall be open for personal inspection by any person." Given this policy, "the [Public Records] Act is...

...criminal investigation. Id. Thus, it has created exemptions from disclosure under the act for "active criminal intelligence information" and "active criminal investigative information" in Section 119.07(3)(b), Florida Statutes (1995), as defined in Section 119.011, Florida Statutes (1995): (3)(a) "Criminal intelligence information" means information with respect to an identifiable person or group of persons collected by a criminal justice agency in an effort to anticipate, prevent, or monitor possible criminal activity....

...ion of securing an arrest or prosecution in the foreseeable future. In addition, criminal intelligence and criminal investigative information shall be considered "active" while such information is directly related to pending prosecutions or appeals. § 119.011(3)(a)-(b), (d)....

...iminals with access to drug intelligence that could hinder future crime detection, it did not meet its burden of proving the same. There is nothing in the record to suggest that the information contained in the file is "active" within the meaning of section 119.011(3)(d)1, which requires that the information be of the type that will lead to the "detection of ongoing or reasonably anticipated criminal activities." (Emphasis added)....

...rmation would lead to the detection of ongoing or reasonably anticipated criminal activities. In addition, the PBCSO did not establish that the criminal intelligence information was directly related to a pending prosecution or appeal, as required by section 119.011(3)(d)....

...certain files pertaining to the prosecution of the defendant seeking post-conviction relief were exempt from public disclosure under the active criminal investigative information exemption. It held that the term "pending prosecutions or appeals" in section 119.011(3)(d) applied only to ongoing prosecutions or appeals from convictions and sentences which have not become final. Id. at 326; see also Provenzano v. Dugger, 561 So.2d 541, 546 (Fla.1990). As it is undisputed that appellant's criminal conviction and sentence for the 1984 arrest were final, section 119.011(3)(d) did not provide an exemption....

...igation, and in the case of the child, the interest of that child's siblings, together with the privacy right of other persons identified in the reports against the public interest. The public *1282 interest in access to such records is reflected in s. 119.01(1),[ [3] ] and includes the need for citizens to know of and adequately evaluate the actions of the Department of Children and Family Services and the court system in providing vulnerable adults and children of this state with the protections enumerated in ss....

...[2] We have jurisdiction to review the decision of the district court under article V, section 3(b)(3) of the Florida Constitution. [3] "It is the policy of this state that all state, county, and municipal records shall be open for personal inspection by any person." § 119.01(1), Fla....

...Weinstein v. Bradford, 423 U.S. 147, 96 S.Ct. 347, 46 L.Ed.2d 350 (1975). We therefore conclude that the issues raised by petitioner are ripe for adjudication. ANALYSIS The sections of chapter 119 or portions thereof pertinent to the instant case provide: 119.01 General state policy on public records. — It is the policy of this state that all state, county, and municipal records shall at all times be open for a personal inspection by any person. 119.011 Definitions....

...Materials in the officers' personnel files prior to the incident investigated have no relation to that purpose. Cannella based his exemption claim on the rationale that by subpoenaing the personnel records, he "complied" them within the meaning of section 119.011(3)(c)....

...mption appears to apply. I believe that the legislature has made "express reference" to the subject at hand and has "distinctly stated" the applicable law. There are two provisions of the Public Records Act especially relevant to this matter. One is section 119.01, which provides for records to be open for inspection "at all times." The other is section 119.07(1)(a), providing for records to be inspected "at reasonable times." Those provisions expressly refer to the subject of the times for prod...

...ppellants' discretion. While this record indicates utter good faith on appellants' part in denying access to the records in question, their legal conclusions were wrong. Disclosure of public records is not a discretionary act; it is a mandatory act. Section 119.01, Florida Statutes (1981), declares the public policy of the state in unequivocal terms: "It is the policy of this state that all state, county, and municipal records shall at all times be open for a personal inspection by any person."...

...ers, maps, books, tapes, photographs, films, sound recordings or other material, regardless of physical form or characteristics, made or received pursuant to law or ordinance or in connection with the transaction of official business by any agency." Section 119.011(1), Florida Statutes (1981)....

...were exempt from disclosure still constituted unlawful refusal under section 119.12. 517 So.2d at 744. "It is the policy of this state that all state, county, and municipal records shall at all times be open for a personal inspection by any person." § 119.01(1), Fla....

...h care in Polk, Hardee and Highland counties"; and 3) although PHH was a private, non-profit corporation, PHH received public funds, used public property, and coordinated its actions with those of Tri-County Mental Health, Inc., a public agency. [3] Section 119.011(2), Florida Statutes (1987), defines an agency for purposes of chapter 119 as including "any state, county, district, authority, or municipal officer, department, division, board, bureau, commission, or other separate unit of governme...

...Public Records Act preventing public access to the lease documents, we note the touchstone of the Act: "It is the policy of this state that all state, county, and municipal records shall at all times be open for a personal inspection by any person." § 119.01(1), Fla....

...ion 119.12, Florida Statutes. That section permits the imposition of attorney's fees and costs against an "agency" that unlawfully refuses to permit inspection of public records. The White Sox argue that it was not an agent of the City as defined in section 119.011(2), Florida Statutes....

...Furthermore, as previously noted, the White Sox contend the records in its possession were not public records. The Public Records Act recognizes the danger that exists if private entities are allowed to demand that they retain custody of documents as a condition of doing business with a governmental body. Thus in section 119.011(2), the legislature provides that a "private agency, person, partnership, corporation or business entity" may become an "agency" when "acting on behalf of any public body." The White Sox forcefully argue that it was a business adversary of the City and not its agent....

...his decision. It is so ordered. OVERTON, C.J., and ADKINS, ENGLAND, HATCHETT and ROBERTS (Retired), JJ., concur. BOYD and SUNDBERG, JJ., concur in result only. NOTES [1] Art. V, § 3(b)(3), Fla. Const. [2] 310 So.2d at 349. [3] 310 So.2d at 346. [4] Section 119.01, Fla. Stat. (1973), states that "All state, county, and municipal records shall at all times be open for a personal inspection of any citizen of Florida, and those in charge of such records shall not refuse this privilege to any citizen." [5] Section 119.011(1), Fla....

...ation or copying under section 119.07(1)(b), Florida Statutes (1985). First, chapter 119 establishes "[i]t is the policy of this state that all state, county, and municipal records shall at all times be open for a personal inspection by any person." § 119.01(1). Second, section 119.011(3)(c)(5) specifically provides, with exceptions not pertinent here, that documents held by the prosecution which are given, or required by law to be given, to the accused will not be exempted from the definition of public records which are subject to examination by any person....

...[2] If, in fact, chapter 119's provisions were intended to encompass all unfiled depositions, serious separation of powers concerns would be raised. Satz v. Blankenship, 407 So.2d 396 (Fla. 4th DCA 1981), review denied, 413 So.2d 877 (Fla. 1982), recognized that, under section 119.011(3)(c)(5), once documents are required to be given to an arrested person, the disclosed documents become "public in a sense." 407 So.2d at 398....

...oduce the tapes in order to afford appellee the opportunity to listen to and copy them at his expense and granting appellant a stay, pending the present appeal. [2] Our inquiry focuses on whether tape recordings are "documents" within the meaning of section 119.011(3)(c)(5), Florida Statutes (1979)....

...nt must be given effect even though it may contradict the strict letter of the statute. Id. at 824. [4] First, in ascertaining the intent of the Legislature in this case, we look to the general policy behind the Public Records Act. As articulated in section 119.01, Florida Statutes (1979), Florida lawmakers desired an open policy with respect to state, county, and municipal records. [5] Second, we consider the purpose behind the enactment of the exemptions dealing with criminal intelligence and investigative information in light of the exclusion of certain types of documents from these two exemptions. As defined in section 119.011(3)(a), Florida Statutes (1979), criminal intelligence information refers to information relating to "an identifiable person or group of persons collected by a criminal justice agency in an effort to anticipate, prevent, or monitor pos...

...Boca Raton, 353 So.2d 1194 (Fla.4th DCA 1977), the rule that any exemption from the Public Records Act must originate in the legislature and not by judicial decision was adopted by the Supreme Court of Florida in Wait v. Florida Power & Light Co., 372 So.2d 420 (Fla. 1979). [5] Section 119.01 provides that "[i]t is the policy of this state that all state, county, and municipal records shall at all times be open for a personal inspection by any person." The definition of "Public records" in section 119.011(1) includes tapes. [6] Section 119.011(3)(c)(5).

...News-Press Publishing Co., 310 So.2d 345 (Fla.2d DCA 1975); that is, whether non-statutory public policy considerations may restrict public access to governmental documents otherwise deemed "public records" under the Public Records Act, Fla. Stat. § 119.01 et seq....

...Although an alternative writ was issued, the trial court, at which the Attorney-General appeared as an amicus for Veale, dissolved the alternative writ and dismissed the proceeding in a final judgment which recognized the status of the document itself as a "public record" as defined in Fla. Stat. § 119.011(1) (1975) but which stated "......

...We think that the Legislature has told us — and prior decisions have said that it told us — that the document in question may not be shielded from disclosure. Our analysis begins, of course, with the terms of the statute itself. At all pertinent times, Fla. Stat., § 119.01 (1975) has provided that: "It is the policy of this state that all state, county, and municipal records shall at all times be open for a personal inspection by any person....

...With regard to the second point, the House argues that the plain language of chapter 119, its statutory history, and all external indicia of legislative intent show that chapter 119 does not and was not intended to apply to the legislative branch of Florida government. In this argument, the House notes that section 119.011(2), Florida Statutes (1987), defines "agency" as follows: "Agency" means any state, county, district, authority, or municipal officer, department, division, board, bureau, commission, or other separate unit of government created or es...

...me category as records generated by executive branch agencies already under chapter 119 and legislation introduced in 1989 which would have expressly included the House of Representatives and the Senate within the definition of "agency" set forth in section 119.011(2), Florida Statutes....

...The amici, in response to the separation of powers argument, contend that principle is not applicable since the legislature may adopt a law applicable to its own members. As to the second issue, the amici in support of the respondents argue that we should give the policy statement in section 119.01(1), which states that "all state" records be open for public inspection, a broad enough interpretation to include the records of state officers, i.e., the members of the legislature as individuals. Furthermore, the amici contend that any state officer is within the definition of "agency," as it appears in section 119.011(2), and that the term necessarily includes a member of *36 the legislature whose records the press and public should have access to through the Public Records Law....

...legislative branch. Clearly, we have the power to determine whether chapter 119 is applicable to the legislature. Having determined that we have the authority, we answer the question of whether chapter 119 applies to the legislature by finding that section 119.011's definition of "agency" does not, by its terms, include the legislature or its members....

...1976) (emphasis added); see also Department of Professional Regulation, Const. Indus. Licensing Bd. v. Pariser, 483 So.2d 28 (Fla. 1st D.C.A. 1985); Douglas v. Michel, 410 So.2d 936 (Fla. 5th D.C.A. 1982), approved, 464 So.2d 545 (Fla. 1985). We find that the definition of agency in section 119.011, while not intended to apply to the legislature, was intended to apply to executive branch agencies and their officers and to local governmental entities and their officers; the definition applies particularly to those entities over w...

...With these principles in mind, we turn to the first issue in the case, whether *1207 the transcript and response are public records. We begin by observing that the public records law is not limited to paper documents but that it applies, as well, to documents that exist only in digital form. Section 119.01(2)(a) makes it clear that the public records law applies to documents maintained on a computer in the same way that it would apply to those kept in a file cabinet....

...on to conclude that the automation of public records "must not erode the right of access to those records." To determine whether a particular document qualifies as a public record the court must look first to the definition given in the law itself. Section 119.011(12) defines the term "public record" as: all documents, papers, letters, maps, books, tapes, photographs, films, sound records, data processing software, or other material, regardless of the physical form, characteristic or means of t...

...on of public business. The Florida Supreme Court provided additional guidance to the lower courts in Shevin v. Byron, Harless, Schaffer, Reid & Associates, Inc., 379 So.2d 633 (Fla. 1980). In that case, the court defined the term "record" as used in section 119.011(12) as "any material prepared in connection with official agency business which is intended to perpetuate, communicate, or formalize knowledge of some type." Shevin, 379 So.2d at 640....

...The purpose of the transcript was to perpetuate the information presented to the infractions committee, in the event the parties wished to appeal the sanction imposed by the committee. The response was designed to communicate information to the body that would hear the appeal within the NCAA. The term "received" in section 119.011(12) refers not only to a situation in which a public agent takes physical delivery of a document, but also to one in which a public agent examines a document residing on a remote computer....

...It is true, as the NCAA points out, that the documents at issue in Times Publishing were modified at the request of the City, but that is a distinction without a difference. A document that is used in the course of public business is a public record under the definition in section 119.011(12) if it was made by a public official or if was received by the official....

...ernment. The critical question in this line of cases is whether the private party is a " private agency, person, partnership, corporation or business entity acting on behalf of [a] public agency " that has therefore become an "agency," as defined in section 119.011(2) Florida Statutes....

...The transcript and response are public records because they were received by agents of the state and used in the course of the state's business. We need not apply the nine-factor test in Schwab to come to this conclusion. Nor is it necessary to decide whether the NCAA became a public "agency" in its own right under section 119.011(2) by stepping into the shoes of the University and assuming a public duty of the University....

...It has been held that the items mentioned in the argument under this point are public records and that an appellant may not claim error in the absence of a showing that he made a reasonable effort and was unable to procure the records. See Grays v. State, Fla. App. 1969, 217 So.2d 133. See also § 119.01, Fla....

...orney-at-law in preparation for a case. Dr. Sharp was not a public officer whose acts and findings came within the purview of public records and thereby subject to the statute governing public records. He was not an agency as that term is defined by § 119.011, Florida Statutes, and thus his records were not public records subject to disclosure under § 119.01, Florida Statutes. The recommendations and papers he delivered to the Duval County School Board under his contract became public record upon the Board's receipt of them. Section 119.01, Florida Statutes, provides as follows: "Public records open to examination by citizens. — All state, county and municipal records shall at all times be open for a personal inspection of any citizen of Florida, and those in charge of such records shall not refuse this privilege to any citizen." Section 119.011, Florida Statutes, states as follows: "Definitions....

...615, 634, containing a definition of a "public record." The defendant urges that since the clerk of the court is required by Fla. Stat. § 28.21 [1] to keep a progress docket and since the progress docket is a record open to public inspection under § 28.19 [2] and § 119.01, [3] there could be no unlawful invasion of privacy in publishing the entries in question even though they divulged information which the plaintiff protests was not to be publicly divulged....

...Unterberger, 577 So.2d 684 (Fla. 2d DCA 1991) and Dubose v. Shelnutt, 566 So.2d 921 (Fla. 5th DCA 1990). Although the Public Defender's Office is an agency which maintains public records which must be available for inspection under the florida Public Records Act, section 119.01, et seq., Fla....

...in connection with negotiations for the proposed acquisition of property for a landfill site. Appellant contended that the appraisal report consisted of a public record which must be opened for the personal inspection of any citizen of Florida under § 119.01, F.S.A....

...during the negotiations would be harmful to the County, but argued that this was irrelevant under the statute. We agree on both points. There can be no doubt that the written appraisal report falls within the scope of "public records" as defined in § 119.011(1), F.S.A....

...ORDS' PURSUANT TO BLUDWORTH V. PALM BEACH NEWSPAPERS, INC., 476 So.2d 775 (FLA. 4TH DCA 1985), REV. DENIED, 488 So.2d 67 (FLA. 1986)? 2. IN A CRIMINAL PROCEEDING CHARGING A DEFENDANT WITH PROSTITUTION, DOES THE TRIAL COURT ABUSE ITS DISCRETION UNDER SECTION 119.011(3)(c)5 OF THE PUBLIC RECORDS ACT IN DENYING CLOSURE OF DISCOVERY DOCUMENTS WHERE AN UNNAMED THIRD PARTY CLAIMS THAT RELEASE OF SUCH INFORMATION WOULD BE DEFAMATORY TO HIM AND WOULD INVADE HIS RIGHT OF PRIVACY BOTH UNDER THE ACT, ARTIC...

...disclosure requirements of the public records law, chapter 119, Florida Statutes (1989). Florida law clearly expresses that it is the policy of this state that all government records, with particular exemptions, shall be open for public inspection. § 119.01. Subsection 119.011(3)(c) provides an exemption for criminal investigative information developed for the prosecution of a criminal defendant. Pursuant to the statute, such information will not be accessible to the public until the information is given or required by law or agency rule to be given to the accused. § 119.011(3)(c)(5)....

...BARKETT, Chief Justice, concurring. I concur with the Court's holding that a full and proper in camera review should be sufficient to protect third parties against violations of their constitutional right to privacy and, to the extent that they fall within the scope of section 119.011(3)(c)(5)(a), Florida Statutes (1989), to enforce their statutory right against defamatory disclosures....

...pendency of adversarial proceedings, § 119.07(3)(n); and "all public records which are presently provided by law to be confidential or which are prohibited from being inspected by the public, whether by general or special law," § 119.07(3)(a). [6] Section 119.011(3)(c)(5), Florida Statutes (1989), provides an exemption from disclosure for documents that would "be defamatory to the good name of a victim or witness or would jeopardize the safety of such victim or witness."

...Cape Coral Medical Center, lessee from Cape Coral Health Authority, appeals from the entry of a final summary judgment which determined the Medical Center to be a public agency and, therefore, subject to section 286.011, Florida Statutes (1979), the Sunshine Law, and section 119.01, Florida Statutes (1979), the Public Records Law....

...cross-appeals from an order striking its request for attorney's fees. We have examined the Medical Center's appeal and find that we are not required to address here whether every nonprofit private lessee from a governmental, hospital authority lessor is required to disclose its records pursuant to section 119.01, Florida Statutes (1979), and/or section 286.011, Florida Statutes (1979)....

...[4] Although chapter 75-354, section 4(5), Laws of Florida, expressly refers to only section 286.011, Florida Statutes, the language of section 4(5) referring to "records, books, documents and papers" implies compliance by the Authority with the requirements of chapter 119. Also the Authority, by its definition, falls within section 119.011(2), Florida Statutes....

...Byron, Harless, Schaffer, Reid & Associates, Inc., 379 So.2d 633, 640 (Fla.1980), we pointed out: To give content to the public records law which is consistent with the most common understanding of the term "record," we hold that a public record, for purposes of section 119.011(1), is any material prepared in connection with official agency business which is intended to perpetuate, communicate, or formalize knowledge of some type....

...KOGAN, C.J., OVERTON, SHAW, HARDING, WELLS and ANSTEAD, JJ., and GRIMES, Senior Justice, concur. NOTES [1] Public records law in Florida is governed by chapter 119, Florida Statutes (1995). Generally, "all state, county, and municipal records shall be open for personal inspection by any person." § 119.01(1), Fla....

...n brought pursuant to the public records laws, Chapter 119, Florida Statutes. The Florida Legislature has decreed that "It is the policy of this state that all state, county and municipal records shall be open for personal inspection by any person." § 119.01(1), Fla....

...Tallahassee Democrat, Inc. v. Willis, 370 So.2d 867 (Fla. 1st DCA 1979) and Satz v. Blankenship, 407 So.2d 396 (Fla. 4th DCA 1981), pet. for rev. denied, 413 So.2d 877 (Fla. 1982). In Satz, this court construed the provisions of the Public Record Act, section 119.01, Florida Statutes (1979) to mandate public access to any discovery information possessed by the state once that information is disclosed to a criminal defendant: [O]nce the tape recordings were given to [the defendant] the information no longer carried with it the legitimacy of law enforcement secrecy....

...(1981), this is merely to ensure that the privileged communications of a public entity will not be admitted into evidence in judicial proceedings. [2] "It is the policy of this state that all state, county and municipal records shall at all times be open for a personal inspection by any person." § 119.01(1), Fla....

...Since UM and the City entered into this modification, UM officers have continued to be registered with the FDLE as "part-time" City officers. It is undisputed that both the 1969 contract and the 1977 modification are public records. See Fla. Stat. § 119.01(1)....

...rneys' fees." The statutory purpose is to encourage voluntary compliance with Florida's public records law, which gives effect to the state's policy "that all state, county, and municipal records shall be open for personal inspection by any person." § 119.01(1); see N.Y....

...f, or during, civil litigation; (6) work product prepared by an attorney retained by the bar in anticipation of, or during, civil litigation; and (c) Inspection of Copyrighted Material. Copyrighted work may be inspected but not reproduced. NOTES [1] Section 119.01, Florida Statutes (1991), expressly provides that "all state, county, and municipal records shall at all times be open for a personal inspection by any person."

...Chapter 119, Florida Statutes, known as the Public Records Act, implements this policy of open public records by providing that "[i]t is the policy of this state that all state, county and municipal records shall be open for personal inspection by any person." § 119.01(1), Fla....

...Doe, 612 So.2d 549, 551 (Fla.1992), the supreme court discussed the interplay between rule 3.220 and the public records law: Florida law clearly expresses that it is the policy of this state that all government records, with particular exemptions, shall be open for public inspection. § 119.01. Subsection 119.011(3)(c) provides an exemption for criminal investigative information developed for the prosecution of a criminal defendant. Pursuant to the statute, such information will not be accessible to the public until the information is given or required by law or agency rule to be given to the accused. § 119.011(3)(c)(5)....

...However, and perhaps, most significant to the issue presented here, the court went on to say, "we emphasize that the public does not have a universal right to all discovery materials." Id. at 553. This may be premised, in part, on *422 the definition of "criminal investigative information" found in section 119.011(3)(a) and (b), which specifically excludes "documents given or required by law......

...As a result, we conclude that the trial court was correct in ordering that the faces of the undercover officers be obscured prior to release of the surveillance recordings. AFFIRMED. PALMER and EVANDER, JJ., concur. NOTES [1] Videotape recordings fall within the ambit of chapter 119, Florida Statutes. See § 119.011(12), Fla....

...(2008) (listing limited class of "criminal intelligence information" and "criminal investigative information" that is confidential and is not subject to public records disclosure). However, this exemption does not apply to "documents given or required by law or agency rule to be given to the person arrested," section 119.011(3)(c)5., Florida Statutes (2008), or to information for which disclosure was previously required under the rules of discovery....

...ence information" or "active criminal investigative information," which are not the exemptions at issue. The material given to the defendant dancers was not "active" or "criminal intelligence information" or "criminal investigative information." See § 119.011(3)(c)5....

...imely mark the documents as confidential prior to the Department receiving a public records request." II. Inasmuch as it "is the policy of this state that all state, county, and municipal records shall be open for personal inspection by any person," § 119.01(1), Fla....

...Board's request for inspection without prejudice to renewal in proper form. The Court denied the Marion County School Board's claim to free access under Chapter 119, saying "[t]o this extent section 447.307(2) may actually operate as an exemption to section 119.01, as recognized in section 119.07(2)(a)." (emphasis added) [1] While the Court's language was tentative, its denial of relief under Chapter 119 was unequivocal....

...at 5.) Florida’s Public Records Act provides that “[i]t is the policy of [the state of Florida] that all state, county, and municipal records are open for personal inspection and copying by any person. Providing access to public records is a duty of each agency.” Fla Stat. § 119.01(1)....

...The State filed a motion to dismiss both counts of Downs' complaint which the trial court granted. The trial court found that Count I of Downs' complaint failed to state a cause of action. As to Count II, the court found the information Downs sought via the Public Records Act was exempt from inspection under sections 119.011(3)(d), 119.07(3)(d), and 119.07(3)(j), Florida Statutes (1981)....

...es prevent us from passing on the correctness of the Board's proceedings. Our holding today concerns the trial court's error. We do not determine the correctness of the proceedings before the Board. The purpose of the Public Records Act is stated in section 119.01, Florida Statutes (1985), which provides, "[i]t is the policy of this state that all state, county, and municipal records shall at all times be open for a personal inspection by any person." Promoting access to public records is the ov...

...would thwart the purposes of the exemption found in section 119.07(3)(j). Section 119.07(3)(j) only exempts "criminal intelligence information" and "criminal investigative" information from disclosure. Criminal intelligence information is defined in section 119.011(3)(a), Florida Statutes (1985), as "information with respect to an identifiable person or group of persons collected by a criminal justice agency in an effort to anticipate, prevent, or monitor possible criminal activity." The purpose...

...iminal justice agency in the course of conducting a criminal investigation of a specific act or omission, including, but not limited to, information derived from laboratory tests, reports of investigators or informants, or any type of surveillance." § 119.011(3)(b), Fla. Stat. (1985). Section 119.011(3)(d)2 indicates that only "active" criminal investigative information is excepted from the Public Records Act's disclosural provisions. [3] The polygraph results which Downs seeks are not active since his petition for mandamus is a post-conviction proceeding which is not a "pending appeal" within the meaning of section 119.011(3)(d)2, Florida Statutes (1985). See Tribune Co. v. Public Records, 493 So.2d 480 (Fla. 2d DCA 1986). Thus, permitting Downs to inspect Johnson's polygraph results would not defeat the purposes underlying section 119.011(3)(a) either because such disclosure would not inhibit police investigation, or because the results are not "active" criminal investigation under the teaching of Tribune Co....

...regarding confidential informants, police surveillance techniques, and undercover personnel. Indeed, the Public Records Act specifically exempts such information from disclosure. See sections 119.07(3)(e), (f), and (g), Florida Statutes (1985). [3] Section 119.011(3)(d)2 provides: 2....

...NO MOTION FOR REHEARING WILL BE ALLOWED. NOTES [1] Chapter 119, Florida Statutes (1995), governs public records in the State of Florida. There is a general policy that "all state, county, and municipal records shall be open for personal inspection by any person." § 119.01(1), Fla.Stat....

...own of Surfside and to make copies thereof. The appellant contends that that part of the final judgment authorizing copies of the public record to be made, including the conditions under which it may be made, is erroneous. The controlling statute is Section 119.01, Florida Statutes of 1941, as follows: *369 “All state, county, and municipal records shall at all times be open for personal inspection of any citizen of Florida, and those in charge of such records shall not refuse this privilege t...

...[4] We consider the federal case law relied on by appellant in support of its argument that confidential treatment should be afforded to critical self-analyses inapplicable. The state of Florida is dedicated to its policy of "Government in the Sunshine" and personal access to all public records. § 119.01(1), Fla....

...tate could prove a prima facie case. This appeal ensued. Appellant has raised several points for our consideration which have been consolidated into two arguments. The first is whether police reports constitute public records under Florida Statutes, Section 119.01....

...After the City filed this appeal, it filed a motion for stay of the order pending appeal and a stay was granted. The public records law expressly states that "[i]t is the policy of this state that all state, county, and municipal records shall be open for personal inspection by any person." § 119.01....

...DAC appealed from that portion of the order. The court also denied the Herald's request for fees. That denial is the subject of a separate appeal. Chapter 119, the Public Records Act ["Act"] affords the public access to certain government documents. § 119.01,.07(3), Fla....

...(2000); Wait v. Florida Power & Light Co., 372 So.2d 420 (Fla.1979); Miami Herald Pub. Co. v. City of North Miami, 452 So.2d 572 (Fla. 3d *305 DCA 1984). The Act applies to all agencies, including any "business entity acting on behalf of any public agency." § 119.011(2), Fla....

...to the contrary. [10] Ms. Sickon does not allege that the School Board failed to take advantage of any exemption available to it under section 231.291, Florida Statutes (1997), or acted in any manner inconsistently with the public records statutes, section 119.01 et seq., Florida Statutes (1997).

...both cases. LAW & ANALYSIS The general purpose of the Florida Public Records Act (Act) is to open public records so Florida's citizens can directly observe the actions of their government. Browning v. Walton, 351 So.2d 380, 381 (Fla. 4th DCA 1977). Section 119.01(1), Florida Statutes (1993), expressly declares that: "It is the policy of this state that all state, county, and municipal records shall at all times be open for inspection by any person." In light of this underlying policy, the Act i...

...79-187, §§ 1, 2, at 723-24, Laws of Fla. *1015 Section 119.07(3)(d) now contains an express statutory exemption to disclosure and provides that: "Active criminal intelligence information and active criminal investigative information are exempt from the provisions of subsection (1)." Section 119.011(3)(b) defines "criminal investigative information" as information with respect to an identifiable person or group of persons compiled by a criminal justice agency in the course of conducting a criminal investigation of a specific act or omission, including, but not limited to, information derived from laboratory tests, reports of investigators or informants, or any type of surveillance. Section 119.011(3)(d)2 defines "active" as follows: Criminal investigative information shall be considered "active" as long as it is related to an ongoing investigation which is continuing with a reasonable, good faith anticipation of securing an arrest or prosecution in the foreseeable future....

...ct to disclosure once grand jury returned no true bill and there was no new evidence in the case). By contrast, if the grand jury returns an indictment and a prosecution is pending, the information remains "active" and protected from disclosure. See section 119.011(3)(d)2 (information remains "active" if it is directly related to pending prosecutions)....

...e, "all of its records that would normally be subject to the Public Records Act if in the possession of the public agency are likewise covered by that law, even though in the possession of PHS, a private corporation." See Art. I, § 24, Fla. Const.; § 119.01, Fla....

...e transaction of official business by any court or court agency. Fla. R. Jud. Admin. 2.051(b) (1995) (emphasis supplied). [9] This definition of "judicial records" is virtually identical to the legislative definition of "public records" contained in section 119.011(1), Florida Statutes (2001), insofar as section 119.011(1) defines "public records" as "all documents ......

...However, this Court has considered "official business" with regard to public records requests under chapter 119. For example, in the landmark decision Shevin v. Byron, Harless, Schaffer, Reid & Associates, Inc., 379 So.2d 633, 640 (Fla.1980), this Court held "that a public record, for purposes of section 119.011(1), is any material prepared in connection with official agency business which is intended to perpetuate, communicate, or formalize knowledge of some type." Furthermore, this Court has held that personnel records may constitute public...

...[10] Chapter 119, Florida Statutes (2001), concerns "public records" of agencies, which include "any state, county, district, authority, or municipal officer, department, division, board, bureau, commission, or other separate unit of government created or established by law." § 119.01(1)-(2)....

limited to "unserved households". See 17 U.S.C. § 119(1); supra, at 1335-36. One of the reasons for the

...e of the state, or persons acting on their behalf.” This “self-executing” right to open records is enforced through the Public Records Law, chapter 119 of the Florida Statutes. It is the duty of each agency 1 to provide access to such records. § 119.01(1), Fla....

...some type.” Shevin v. Byron, Harless, Schaffer, Reid & Assocs., Inc., 379 So.2d 633, 640 (Fla.1980). The physical format of the record is irrelevant; electronic communications, such as e-mail, are covered just like communications on paper. See § 119.01 (2)(a), Fla....

...*860 We AFFIRM the dismissal of Counts One and Two with prejudice. LEWIS, ROBERTS, and RAY, JJ., concur. . Appellee, which is part of the state system of community colleges established and governed by chapter 1001, Part III, Florida Statutes (2009), is a state agency. § 119.011(2), Fla....

...Pub. Records, 493 So.2d 480 (Fla. 2d DCA 1986). Instead, the Times sought a bright-line ruling that all e-mail on the City's computer system was "public record." Thus, the dispositive issue in this case centers on the definition of a "public record." Section 119.011(1), Florida Statutes (2000), provides: "Public records" means all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, char...

...l be no broader than necessary to accomplish the stated purpose of the law." Information stored on a computer is as much a public record as written documents in official files. See Seigle v. Barry, 422 So.2d 63 (Fla. 4th DCA 1982). Moreover, because section 119.01, Florida Statutes (2000), established a state public policy of open records, the public records law must be construed liberally in favor of openness....

...nt in a public official's file makes the document a public record. In Shevin v. Byron, Harless, Schaffer, Reid & Associates, 379 So.2d 633 (Fla. 1980), the supreme court rejected the decision of the district court of appeal that "in effect said that section 119.011(1) applies to almost everything generated or received by a public agency." Id....

...n their records and the public's access to those records, we certify the following question as a matter of great public importance: WHETHER ALL E-MAILS TRANSMITTED OR RECEIVED BY PUBLIC EMPLOYEES OF A GOVERNMENT AGENCY ARE PUBLIC RECORDS PURSUANT TO SECTION 119.011(1), FLORIDA STATUTES (2000), AND ARTICLE I, SECTION 24(A), OF THE FLORIDA CONSTITUTION BY VIRTUE OF THEIR PLACEMENT ON A GOVERNMENT-OWNED COMPUTER *849 SYSTEM IF THE AGENCY HAS A WRITTEN POLICY THAT INFORMS THE EMPLOYEES THAT THE AGEN...

...public record. Thus it was the Times' burden to request an in camera inspection of the e-mail designated as personal if it intended to prove that the employees' designation of each e-mail as personal was incorrect. [3] The definition of "agency" in section 119.011(2), Florida Statutes (2000), includes municipalities and municipal officers.

...Last, we note that House Bill 2028, as amended by a conference committee (Laws 1974, c. 74-100, § 9), provides that Florida Statute 447.023(3) does not take effect until January 1, 1975. The judgment appealed is affirmed. RAWLS, C.J., and JOHNSON and McCORD, JJ., concur. NOTES [1] Florida Statute 119.01 (1973) [2] Florida Statute 119.011(1) (1973) [3] In this state the right of citizens to be informed of all facets of governmental operations is zealously protected....

...Unterberger, 577 So.2d 684 (Fla. 2d DCA 1991) and Dubose v. Shelnutt, 566 So.2d 921 (Fla. 5th DCA 1990). Although the Public Defender's Office is an agency which maintains public records which must be available for inspection under the Florida Public Records Act, section 119.01, et seq., Fla....

...Unquestionably, the City's Minutes are a "public record." That term in Florida law broadly includes any document, paper, or other material "made or received pursuant *197 to law or ordinance or in connection with the transaction of official business by any agency." § 119.011(11), Fla....

...Byron, Harless, Schaffer, Reid & Assocs., Inc., 379 So.2d 633, 640 (Fla.1980) (concluding that intra-office or inter-office memos communicating information from one public employee to another, or prepared for filing although not part of the agency's later formal public product, constituted "public records" under section 119.011 because they supplied the final evidence of knowledge obtained in connection with the transaction of public business); Op. Att'y Gen. Fla. 91-26 (1991) (concluding that the minutes of a city council meeting are public records once the clerk has performed the duty to prepare them). The Board, a subdivision of the City, is an "agency." § 119.011(2), Fla....

...The Florida Legislature has spoken clearly that, subject to certain exemptions not at issue here, it is the policy of this state that all state, county, and municipal records are open for public inspection and copying by any person. Providing access to public records is a duty of each agency. § 119.01(1), Fla....

...a survey of Hispanic citizenship that University of Miami Professor Ira Sheskin conducted for the County Attorney's office. On August 23, 1991, Judge Goldman held that the results of the survey were public records in accordance with Florida Statute § 119.01....

...ides that "active criminal investigative information" is exempt from disclosure under section 119.07(1)(a). Chapter 119 implements the public policy that "all state, county, and municipal records shall be open for personal inspection by any person." § 119.01(1), Fla....

...[and] this determination is both thorough and confidential." The School Board then invoked our jurisdiction, requesting a writ of mandamus directed to the Commission, and we issued our alternative writ. The School Board argues that Sections 447.307(2) and 119.01, Florida Statutes (1975), give employers an absolute right to review authorization cards....

...on to believe any of the employee signatures were obtained by collusion, coercion, intimidation, or misrepresentation or are otherwise invalid shall be given a reasonable opportunity to verify and challenge the signatures appearing on the petition." Section 119.01 is the public records law of Florida, which declares that all documents received by a public agency "shall at all times be open for a personal inspection by any person." The Commission takes the postition that a review of authorization...

...The employer's right is premised on its "having sufficient reason" to request verification. [10] The statute does not provide free public access to signature cards, but rather limited access to a narrowly defined class of interested persons. To this extent Section 447.307 (2) may actually operate as an exemption to Section 119.01, as recognized in Section 119.07 (2)(a)....

...the financial burdens incurred by citizens who seek to enforce their right of access to public records in Florida, as well as the stated "policy ... that all state, county, and municipal records shall be open for personal inspection by any person." § 119.01(1), Fla....

...y records. The University resisted compliance with the subpoena. During the course of the proceedings to determine whether the University had to comply with the subpoena, the University felt itself compelled by the Florida Public Records Law, F.S.A. § 119.01 et seq., to release to the press copies of motions and other documents filed with the district court in connection with this subpoena....

...Genchi's privileges were unlawfully terminated, and whether the Medical Center concealed certain documents, including the Bylaws, Hospital Staff Rules and Regulations, and Policies and Procedures, and if so, whether the concealment constituted a violation of section 119.01 of the Florida Statutes ("Open Records Act.")....

...rney, for appellee. Before SUAREZ, ROTHENBERG, and LAGOA, JJ. LAGOA, Judge. Defendant Sterling A. Clowers appeals the trial court's order denying his public *841 records request. [1] For the following reasons, we affirm. Defendant filed, pursuant to Section 119.01, Florida Statutes (2006), a motion for production of the State Attorney's prosecutorial files in order to prepare a motion for postconviction relief....

be open for personal inspection by any person,’ § 119.01(1), Fla. Stat. (2002), [and so] the failure to

...those who request to see them. See Art. I, § 24, Fla. Const. Florida’s public records law declares that it is “the policy of this state that all state, county, and municipal records are open for personal inspection and copying by any person.” § 119.01(1), Fla. Stat. “Disclosure of public records is not a discretionary act; it is a mandatory act.” Mills v. Doyle, 407 So.2d 348, 350 (Fla. 4th DCA 1981) (interpreting § 119.01, Fla....

...records. Florida law doesn’t allow public records custodians to play favorites on the basis of who is requesting records. Rather, it is “the policy of this state that all ... records are open for personal inspection and copying by any person.” § 119.01, Fla....

...shall convey knowledge or information to any person who is not lawfully entitled to such knowledge or information about any ... public record, which at the time such knowledge or information is conveyed is exempt from [disclosure by] the provisions of § 119.01 [of the Public Records laws]....

...The legislative implementation of this constitutional mandate is codified in chapter 119, Florida Statutes, the “Public Records Act.” The Public Records Act declares that “[i]t is the policy of this state that all state, county, and municipal records are open for personal inspection and copying by any person.” § 119.01(1), Fla....

...lature has imposed a good faith standard in other provisions of the Public Records Act while clearly omitting any such language in the attorney’s fee provision. The language throughout chapter 119 creates a “right of access” to public records, § 119.01(2)(a), Fla. Stat., and imposes a “duty” on each .agency to provide access to those public records. § 119.01(1), Fla....

...The Legislature also used the term “reasonable” elsewhere in the Public Records Act. Variations of the term “reasonable,” which was deliberately removed from section 119.12, continue to appear in other sections of the Public Records Act as a requirement for measuring agency conduct. See, . e.g., §§ 119.01(2)(a), 119.011(3)(d), 119,07(l)(a), Fla. Stat. (2009). In addition, the term “good faith” is used only sparingly in the Public Records Act and only in specific contexts. See, . e.g., § 119.011(3)(d) (relating to criminal intelligence- information and investigatory information)....

restraints, or choke holds. See Policies & Procedures, § 119.1 Force — Use of — General § 119.2 Deadly Force [D

records is a duty of each agency.’” Id. (quoting § 119.01(1), Fla. Stat. (2017)); accord Rasier-DC, LLC

...gives effect to the state’s policy ‘that all state, county, and municipal records shall be open for personal inspection by any person.’” Office of State Attorney for Thirteenth Judicial Circuit of Fla. v. Gonzalez, 953 So. 2d 759, 763 (Fla. 2d DCA 2007) (quoting § 119.01(1), Fla....

...Registration Requirements Duplicated By The State And The IRS The charities contend that registration requirements duplicated by the state or the IRS, both of which require public disclosure of submitted information, lack narrow tailoring (Docs. 43, 46, & 56). See Fla. Stat. §§ 119.01 & 496.423; 26 C.F.R....

...gious or other eleemosynary objective." Pinellas County Code § 42-266. [14] The ordinance subjects information obtained through the registration process to Florida's public records law, which generally permits "inspection by any person." Fla. Stat. § 119.01; see Pinellas County Code § 42-279(b)....

...There, the demand was not made in connection with a “civil action” against a health care provider. 412 So.2d at 895 . Under those circumstances, the court refused to exempt a public hospital from the requirements of Florida’s Public Records Law, Fla.Stat.Ann. § 119.01-119.12 (West 1982)....

...Donald Cox, Diana Fuller, Tampa, Fla., for plaintiffs. Louis Joseph Shaheen, William C. Frye, Tampa, Fla., for defendant. MEMORANDUM OPINION GEORGE C. CARR, District Judge. At issue in this declaratory judgment action is whether the Florida Public Records Act, Fla.Stat. §§ 119.01-119.12, requires the City of Tampa to disclose documents that are attorney-client communications or whether these documents are exempt from disclosure by operation of the Florida Evidence Code, Fla.Stat....

...1188 (1938), to determine how the highest state courts would decide the issue if faced with the question. Delduca v. United States Fidelity and Guaranty Company, 357 F.2d 204, 207 (5th Cir. 1966). The purpose of the Public Records Act is to open for public inspection all state, county, *165 and municipal records. Fla.Stat. § 119.01 (1975)....

...n asserted—but affirm the circuit court's refusal to award B & S attorney's fees, and remand for further proceedings. As the Schwab decision explains, the statute defines "agency" to include private entities "acting on behalf of any public agency," § 119.011(2), Fla....

...f Winter Garden sought to obtain records from Boyle Engineering Corporation, the engineering firm that had performed the design services for the City of Winter Garden: We agree with the lower court's determination that Boyle is an "agency" under *20 section 119.011(2) insofar as it performed services for the City as the City Engineer, relating to the treatment plant....

...al by this Constitution. Art. 1, § 24(a), Fla. Const. (emphasis added). For purposes of chapter 119, the Legislature has defined "agency" to include, not only governmental units, but also any "business entity acting on behalf of any public agency." § 119.011(2), Fla....

...lorida Legislature has declared by statute that "[i]t is the policy of this state that all state, county, and municipal records are open for personal inspection and copying by any person. Providing access to public records is a duty of each agency." § 119.01(1), Fla....

...evaluating the need for system improvements, in developing funding priorities that could shape the City's budget, as well as in acting as the City's representative in the improvement project, [5] BDI was "acting on *23 behalf of a[] public agency." § 119.011(2), Fla. Stat. (2006). Like the records of an engineering department in a larger local government entity, [6] the records generated by BDI's performance of its contracts with the City here are subject to chapter 119. § 119.011(2), Fla....

...n of the foregoing allegations, appellants sought a *1222 declaratory judgment that all unused and unvoted punch card ballots from the 2000 presidential election are public records under article I, section 24 of the Florida Constitution, and chapter 119.01 of the Florida Statutes, thus affording them a constitutional right to inspect the unused ballots....

...rdings, 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(1), Fla. Stat. (2003). The Legislature has declared Florida's policy that "all state, county, and municipal records shall be open for personal inspection by any person." § 119.01(1), Fla....

...ds, but it is clear from other parts of Chapter 119, and the applicable case law, that a person is entitled to make a request for public records by email and that the governmental entity may be required to provide the records in electronic form. See § 119.01(2)(a), Fla. Stat. (stating that automation of public records must not erode the right of access to those records); § 119.01(2)(f), Fla....

...Thus, Florida law determines whether Skinner may claim a copyright in his office's creations. In Florida, a citizen's right of access to public records is protected both by the Florida Constitution and the Florida statutes. Art. I, § 24(a), Fla. Const. (1992) (the "Sunshine Amendment"); § 119.01, Fla....

...Access to Court Records, 832 So.2d 712, 713 (Fla.2002) (stating that in Florida "open access to public records is both a constitutional right and a cornerstone of our political culture"). Our first public records law was enacted in 1892. §§ 1390, 1391, Fla. Stat. (Rev.1892). Its existing progeny, section 119.01(1), declares the policy that "all state, county, and municipal records shall be open for personal inspection by any person." The custodian of any public record must furnish a copy of the record upon payment of the fee prescribed by law, generally the cost of reproduction....

...Microdecisions is entitled to summary judgment as a matter of law. We reverse the summary judgment entered in Skinner's favor and remand with directions to enter summary judgment in favor of Microdecisions. Reversed and remanded. STRINGER and DAVIS, JJ., Concur. NOTES [1] Section 119.011(1), Florida Statutes (2002), defines "public records" as: 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. In turn, section 119.011(2) defines an "agency" as: any state, county, district, authority, or municipal officer, department, division, board, bureau, commission, or other separate unit of government created or established by law.......

...is any material prepared in connection with official agency business which is intended to perpetuate, communicate, or formalize knowledge of some type." Shevin v. Byron, Harless, Schaffer, Reid & Assocs., 379 So.2d 633, 640 (Fla.1980)(emphasis added). See also § 119.011(11), Fla....

...slature, as required by Article I section 24(a) of the Florida Constitution, has through Chapter 119 established a pervasive regulatory scheme to assure that "all state, county, and municipal records [be] open for personal inspection by any person." § 119.01(1), Fla....

...Public Records Act, which provides that “[i]t is the policy of this state that all state, county, and municipal records are open for personal inspection and copying by any person. Providing access to public records is a duty of each agency.” § 119.01, Fla. Stat. (2015). The Act defines an “agency” to include any private business entity “acting on behalf of any public agency.” § 119.011(2), Fla....

...child who is the focus of the investigation, and ... the interest of that child’s siblings, together with the privacy right of other persons identified in the reports against the public interest. The public interest in access to such records is reflected in s. 119.01(1), and includes the need for citizens to know of and adequately evaluate the actions of the Department of Children and Family Services and the court system in providing ......

...volved and the interest of the child’s siblings, as well as “the privacy rights of other persons identified” in the records “against the public interest.” The “public interest in access” is specifically identified as being reflected in section 119.01(1) and as including “the need for citizens to know of and adequately evaluate the actions of [DCF] and the court system in providing ......

...No appearance required for appellee. STONE, J. Perry Deas appeals the trial court's denial of his public records request. Deas is currently serving a life sentence following his conviction for first-degree murder. He seeks an order compelling production of public records pursuant to section 119.01, Florida Statutes (2006)....

...Const. This right is codified in chapter 119, Florida Statutes, the “Public Records Act.” The Public Records Act describes Florida’s policy that all state, county, and municipal records are open for personal inspection and copying by any person. § 119.01(1), Fla....

...iction and sentence become final."); Clowers v. State, 960 So.2d 840 (Fla. 3d DCA 2007) (confirming that a defendant who was preparing a motion for post conviction relief was entitled to copies of the state attorney's prosecutorial files pursuant to section 119.01 of the Florida Statutes); Woodfaulk v....

...sed to hearings, are sought to be closed. The media now challenges this ruling. Florida has a strong policy favoring open government. Pursuant to that policy, all governmental records, with certain limited exceptions, are open for public inspection. § 119.01, Fla. Stat. (1995). One of the exceptions to this rule applies to information gathered by the state in its investigation against a criminal defendant. § 119.011(3)(c), Fla. Stat. (1995). Pursuant to section 119.011(3)(c)5, Florida Statutes (1995), such information is not open to the public until the state gives or is required to give it to the defendant....

...The School Board Failed to Prove the Records Were Exempt The public records law expressly states that “[i]t is the policy of this state that all state, county, and municipal rec *562 ords are open for personal inspection and copying by any person.” § 119.01(1), Fla....

interrelated, they will be answered together. Section 119.01, Florida Statutes, states that it is the policy

access to public records is a duty of each-agency.” § 119.01(1), Fla. Stat. (2017). “The general purpose- of

Robert A. Butterworth Attorney General RAB/tgk 1 Section 119.01(1), Fla. Stat. 2 Article I, s. 24(c), Fla.

...ces, together with some account information and the amount of the employee's medical claim, would appear to be exempt from the disclosure provisions of section 119.07 (3), Florida Statutes. Sincerely, Robert A. Butterworth Attorney General RAB/tjw 1 Section 119.01 (1), Fla....

...And see, Michel v. Douglas, 464 So.2d 545 (Fla. 1985). 6 See, s. 119.14(4)(b)2., Fla. Stat. (1993), the Open Government Sunset Review Act (exemptions created or maintained that protect information of a sensitive personal nature concerning indivi-duals). 7 See, s. 119.011 (2), Fla....

transferred to the Florida State Archives. 11 Section 119.01(4), Fla. Stat. 12 Rule 1B-24.001(3)(a), Fla

...tes. As stated early on in chapter 119, “[i]t is the policy of this state that all state, county, and municipal records are open for personal inspection and copying by any person. Providing access to public records is a duty of each agency.” § 119.01(1), Fla....

...competing policies of this state: the policy that all public records be open at all times for personal inspection and the policy that a person be accorded the right to demand that “sensitive information” about himself not be disclosed to others. § 119.01(1), Fla.Stat....

...Carollo’s statement from the City of Miami Police Department pursuant to the Public Records Act, section 119.07, Florida Statutes (2000). The City responded that the requested documents were exempt from disclosure under section 119.07(3)(b) as “part of an active criminal investigation as defined by [sections] 119.011(3)(b), (c) and (d).” The next day, Post-Newsweek filed a complaint for writ of mandamus in circuit court to compel the City to provide the requested documents....

...Carollo’s statement were not exceptions to the Public Records Act. 2 We disagree that a discovery request alone removes exempt status. The Law Section 119.07(3)(b) exempts “active criminal investigative information” from the Public Records Act. Section 119.011(3)(c)5 in turn states that “criminal investigative information” shall not include “documents given or required by law or agency rule to be given to the person arrested.” Our disposition of this case hinges on how we interpret this language....

...thereafter obtaining the requested information through disclosure to the media. Reversed. GODERICH, J., concur. GREEN, J. (dissenting). Because I disagree with the majority’s unduly restrictive construction of the Public Records Act, particularly section 119.011(3)(5), Florida Statutes, I respectfully dissent. The Public Records Act is a legislative creation which provides that: [i]t is the policy of this state that all state, county, and municipal records shall be open for personal inspection by any person. § 119.01(1), Fla....

...ow a suspect to avoid apprehension or escape detection.” Tribune Co. v. Cannella, 438 So.2d 516, 523 (Fla. 2d DCA 1983), rev’d on other grounds, 458 So.2d 1075 (Fla.1984), appeal dismissed, 471 U.S. 1096 , 105 S.Ct. 2315 , 85 L.Ed.2d 835 (1985). Section 119.011, however, specifically excludes from the exemption criminal investigative information “given or re *1006 quired by law ... to be given to the person arrested”. 5 § 119.011, (3)(5), Fla....

...*1007 In this case, Carollo’s counsel entered his written appearance, a not-guilty plea, and a request for additional time to file defensive motions on the same day that he filed his Notice of Discovery pursuant to rule 3.220(a). Given the unequivocal language of section 119.011, I believe that the trial court correctly concluded that Carol-lo’s Discovery Notice triggered the State’s obligation to provide these materials to Post-Newsweek....

...See Camella, 438 So.2d at 523 . Nor would the release of this information allow Carollo, the former Mayor of the City of Miami, to avoid “apprehension or escape detention.” Id. Accordingly, the trial court properly applied a liberal interpretation to section 119.011 and correctly concluded that Car-olio’s Notice of Discovery triggered the State’s obligation to produce all materials in its custody, including Mrs....

...A public record is “any material prepared in connection with official agency business which is intended to perpetuate, communicate or formalize knowledge of some type.” Shevin v. Byron, Harless, Schaffer, Reid & Assoc., Inc., 379 So.2d 633, 640 (Fla.1980). See also § 119.011(1), Fla....

...AVAILABILITY OF PUBLIC RECORDS Florida’s Public Records Act provides that “[i]t is the policy of this state that all state, county, and municipal records are open for personal inspection and copying by any person. Providing access to public records is a duty of each agency.” § 119.01, Fla. Stat. (2013). The Act defines “agency” to include any private business entity “acting on behalf of any public agency.” § 119.011(2), Fla....

consideration paid for an interest in real property. 2 Section 119.01(1), Fla. Stat. 3 And see, Art. I, s. 24, Fla

after the examination has been completed. Section 119.01, F. S., as amended, states that "[i]t is the

...64V-1.0131 (providing requirements for requests for vital records, including death certificates). Hollywood Hills countered that its request was not subject to the requirements of the Vital Statistics Act because it was requesting records pursuant to chapter 119, Florida Statutes (the Public Records Act). See § 119.01(1), Fla....

...entiality under section 112.533(2)(a). We recognize that the confidentiality provisions in sections 112.532(4)(b) and 112.533(2)(a) are exemptions from the public's general right to access public records and meetings, see Art. I, § 24, Fla. Const.; § 119.01(1), Fla....

QUESTION: Is it incumbent on public officials to ascertain the public inspection policy for records of a nonpublic association or organization prior to the payment of dues to the association or organization from public funds? SUMMARY: Pursuant to s. 119.01 , F.S., as amended by Ch....

...There is a question as to whether it is legal to pay dues to such associations until such time as it affirmatively appears that the records of the organizations are not open to public inspection or whether that determination must be made prior to the utilization of public funds to pay such dues. Section 119.01 , F.S., as amended by s....

...ment established by general or special law. Further, s. 119.02, F.S., which applies to all state, county, municipal, and district or other local officers, invokes civil and criminal sanctions against "any official who shall violate the provisions of s. 119.01 ....

...See Comptroller's Memorandum #16 (1973-1974) as to state agencies and state officers and employees. The question of which records of the organization must be open for inspection at the time the dues are paid from public funds requires an interpretation of the term "records" as used in the amendment. Since the original s. 119.01 , F.S., has reference to all records of the designated organization without limitation, I am of the opinion that the records contemplated by Ch....

...slative intent where they are, as here, plain and unambiguous. Holly v. Auld, 450 So.2d 217 (Fla.1984). We also find comfort that our exegesis strictly construes the exemption of the statute and liberally vindicates the general policy of openness in section 119.01, Fla.Stat....

to inspect public records as contemplated by Section 119.01, Florida Statutes 1949, F.S.A. I am in perfect

...s have already been segregated manually, provided that the requestor pays for the costs of the mechanical segregation of ballots in accordance with the provisions of the Public Records Law. Sincerely, Robert A. Butterworth Attorney General RAB/tjw 1 Section 119.01 (1), Fla. Stat. 2 See , Art. I , s. 24 (a), Fla. Const. 3 See, s. 119.011 (1), Fla....

...g in satisfying the requirements of Ch. 120. SUMMARY: Pursuant to s. 106.25 (1), F. S., all complaints received by the Elections Commission and all relevant reports and recommendations are made confidential and, thus, exempted from the operation of ss. 119.01 and 119.07 (1), F....

...of alleged violations of Ch. 106 are meant to be strictly confidential until the Department of State declares otherwise. The requirements of confidentiality in s. 106.25 , F. S., must be read with reference to Ch. 119, F. S., the Public Records Law. Section 119.01 specifically declares that it is the public policy of Florida that all state records shall be open at all times to anyone for personal inspection....

...rovision of subsection (1).' Hence, by virtue of s. 119.07 (2)(a), the complaint and other material relevant to the commission's hearings on alleged Ch. 106 violations are made confidential and are exempt from the mandatory inspection provisions of ss. 119.01 and 119.07 (1) until such time as they are declared `public records' by the Department of State....

...l facilitate the electronic transfer of messages between members of your staff and with other governmental agencies. You, therefore, inquire about the status of such messages under Chapter 119 , Florida Statutes, the Public Records Law. Question One Section 119.01 (1), Florida Statutes, declares that it is the policy of this state that all state, county, and municipal records be open for personal inspection by any person. Section 119.011 (1), Florida Statutes, defines "public records" for purposes of Chapter 119 , Florida Statutes, to include all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other ma...

...d." 4 Similarly, the fact that information made or received by your office in connection with official business is electronically made or received would not appear to alter its character as a public record under the statutory definition contained in section 119.011 (1)....

...89-39 (1989) (information stored in computer utilized by county commissioners to facilitate and conduct their official business is subject to Ch. 119); Op. Att'y Gen. Fla. 85-3 (1985) (computer tapes are public records). 3 See, s. 6, Ch. 95-296, Laws of Florida. And see, s. 5, Ch. 95-296, supra, amending s. 119.01 to state that "providing access to public records is a duty of each agency and that automation of public records must not erode the right of access to those records." 4 In re Amendments to Fla.R.Jud.Admin. 2.051, Public Access to Judicial Records, 651 So.2d 1185 , 1187 (Fla. 1995). 5 Section 119.01 (3), Fla....

Chapter 119, known as the Public Records Act, Section 119.01, Florida Statutes (1977), provides: 119.01

...s made confidential or is exempted from the disclosure provisions in Ch. 119 , F.S. The department or the auditor, however, may wish to seek legislative clarification regarding this matter. Sincerely, Robert A. Butterworth Attorney General RAB/tls 1 Section 119.01 (1), F.S. 2 Section 119.011 (1), F.S....

...When Locke failed to produce the records, Hawkes filed suit to enforce section 119.11 of the Public Records Law. The trial court agreed with Locke that the Public Records Law does not apply to the *1203 legislators and dismissed the action. We disagree and reverse. Section 119.01(1), Florida Statutes, provides: It is the policy of this state that all state, county, and municipal records shall at all times be open for a personal inspection by any person. This legislative statement of policy refers to all state records, not just those of one branch of government nor does it exempt, except or exclude any branch of government. Section 119.011(1), Florida Statutes, defines “public records” as including all papers made or received pursuant to law or in connection with the transaction of official business by any agency. Section 119.011(2) defines “agency” to mean any state officer or unit of government created or established by law....

...who has custody of a public record shall permit the record to be inspected and examined by any person desiring to do so and then codified certain exemptions. Members of the House of Representatives are not exempted. The relevant portions of sections 119.01, 119.07(l)(a), and 119.011, quoted above, were enacted long before the 1985 legislative session enacted section 119.14(2), a section dealing with the legislative review of exemptions to the public records act, in which the legislature incidently stated that it “finds...

exempted from disclosure by state statute. Section 119.01, F.S., states that "[i]t is the policy of this

...e public records available by remote electronic means as "an additional method of access." At this time, clerks of circuit courts are not mandated to provide any specific type of official record other than the time-honored official record books. See § 119.01, Fla.Stat....

...7 Thus, it is my opinion that neither section 98.095 nor section 101.62 (3), Florida Statutes, provides that voter information on the voter's certificate located on the back of an absentee ballot envelope is confidential or exempt from the Public Records Law. Sincerely, Robert A. Butterworth Attorney General RAB/tgh 1 Section 119.01 (1), Fla. Stat. And see, s. 119.07 (1)(a), Fla. Stat. 2 See , s. 119.01 (1), Fla....

...g their written request. The issue to be decided .is whether these work sheets are exempted from disclosure under the Public Records Law, Chapter 119, Florida Statutes, by virtue of Section 447.-605(3), Florida Statutes (1977). We hold they are not. Section 119.01, Florida Statutes (1977) declares that “all state, county, and municipal records shall at all times be open for a personal inspection by any person.” Public records are defined as “. . . all documents, papers, letters, ... or other material, regardless of physical form oí characteristics, made or received pursuant to law or ordinance or in connection with the transaction of official business by any agency.” § 119.011(1), Fla.Stat. (1977). School Board does not challenge PERC’s conclusion that the budget work sheets constituted “public records” within Section 119.011(1), Florida Statutes (1977)....

Sincerely, Charlie Crist Attorney General CC/tls 1 Section 119.01(1), Fla. Stat., and Art. I, s. 24(a), Fla.

...ers present), which addressed violations of the rights of "rank and file firefighters." According to Langlois, at the meeting he spoke about "important union and public matters including violations by the Defendant of the Florida Public Records Act. § 119.01 et....

...documents were not protected trade secrets, requiring full disclosure and awarding attorney’s fees and costs to Delta as the “prevailing party,” but retaining jurisdiction as to amount. MCNA filed this appeal. II. Analysis Section 119.01(1), Florida Statutes, which establishes Florida’s broad public records policy, provides “that all state, county, and municipal records are open for personal inspection and copying by any person.” See also Art....

...UASR data is a compilation of information that has independent economic value. II. A. Florida has a broad public records policy providing “that all state, county, and municipal records are open for personal inspection and copying by any person.” § 119.01(1), Fla....

...n a county computer which has access codes and keys that are not public information subject to the public records law. In our view, we need not look to the exemption provisions of Chapter 119 because the online monitor system is not a public record. Section 119.011(1) defines “public records” as: [a]ll documents, papers, letters, maps, books, tapes, photographs, films, sound recordings or other material, regardless of physical form or characteristics, made or received pursuant to law or ordinance or in connection with the transaction of official business by any agency....

...City of High Springs, 550 So.2d 483 (Fla. 1st DCA 1989). The purpose of the Public Records Act is the promotion of “the policy of this state that all state, county, and municipal records shall at all times be open for a personal inspection by any person.” § 119.01, Fla.Stat....

...e and Challenge the State’s The- ory of Flight.” 39 The “police statement” was actually prosecutor White’s notes. Green ob- tained the notes in a public records request made pursuant to Chapter 119 of the Florida Code, i.e., Fla. Stat. § 119.01. 40Clarke and Rixey observed the first two investigative facts after arriving in the orange grove where they found Flynn. USCA11 Case: 18-13524 Date Filed: 03/14/2022 Page: 34 of 182 34 Opi...

...X, 1875. D.E. 3-43 at 58–60. The “handwritten police statement” referred to in Mr. Green’s motion consisted of the handwritten notes of Mr. White, obtained by Mr. Green’s counsel pursuant to a Chapter 119 public records request. See Fla. Stat. § 119.01. USCA11 Case: 18-13524 Date Filed: 03/14/2022 Page: 165 of 182 6 JORDAN, J., dissenting in part & concurring in part 18-13524 In Paragraph H of Claim III, Mr....

...s. "Public records" are broadly defined for purposes of Chapter 119 , Florida Statutes, the Public Records Law, to include records or documents made or received by an agency during the transaction of official business. 1 The Florida Constitution and section 119.01 , Florida Statutes, establish the public's right of access to public records in clear and unequivocal terms....

...ion, and the Medicare Tax Deduction, would fall within the scope of the term "payroll deduction records" and are confidential and exempt from production and copying under the Public Records Law. Sincerely, Bill McCollum Attorney General BM/tgh 1 See s. 119.011 (12), Fla....

...of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business by any agency[;]" and Shevin v. Byron, Harless, Schaffer, Reid and Associates, Inc., 379 So. 2d 633 , 640 (Fla. 1980). And see s. 119.011 (2), Fla....

...9 Webster's New Universal Unabridged Dictionary (2003) p. 1425. 10 The American Heritage Dictionary (Office Edition, 1983) p. 504. 11 Webster's New Universal Unabridged Dictionary (2003) p. 520; and see The American Heritage Dictionary (Office Edition, 1983) p. 185. 12 Section 119.011 (12), Fla....

...119, F. S., subject to inspection and examination by any person desiring to do so as prescribed by s. 119.07 (1). Florida's Public Records Law, ch. 119, F. S., makes all state, county, and municipal records open to personal inspection by any person. Section 119.01 ....

...119.07 (1), requiring the custodian of public records to permit the inspection and examination of such records by any person desiring to do so, at reasonable times, under reasonable conditions, and under the supervision of the custodian of the records. A municipal fire department clearly is an `agency' within the meaning of s. 119.011 (2). See s. 119.011 (2), which expressly defines any municipal officer or department or division as an `agency' for the purposes of ch. 119. Cf . Schwartzman v. Merritt Island Volunteer Fire Department, 352 So.2d 1230 (4 D.C.A. Fla., 1977), in which the court stated that `[a]ny fire department cannot help but be classified as an agency under the . . . definition in s. 119.011 (2)' and concluded that a nonprofit volunteer fire department was an `agency' under the provisions of s. 119.011 (2)....

...Thus, any report or record made or received by the municipal fire department pursuant to law or ordinance or in connection with the transaction of the fire department's official business is a public record open for personal inspection by any person desiring to do so, unless exempted therefrom pursuant to s. 119.07 (3). See s. 119.011 (1), defining `public records.' See also City of Gainesville v....

...Fla., 1974), holding that all documents made in the `normal' course of business are public records; and Shevin v. Byron, Harless, Schaffer, Reid and Associates, Inc., 379 So.2d 633 (Fla. 1980), in considering what constituted a public record, stated: [W]e hold that a public record, for purposes of section 119.011 (1), is any material prepared in connection with official agency business which is intended to perpetuate, communicate, or formalize knowledge of some type....

...e final evidence of knowledge obtained in connection with the transaction of official business. Cf . Schwartzman v. Merritt Island Volunteer Fire Department, supra , in which the court, having concluded that the fire department was an `agency' under s. 119.011 (2), stated that all of the fire department's records, including its membership files, minutes of its meetings, and its charitable activities, were public records within the purview of the Public Records Law....

...e department as part of its records and in connection with the official business of the fire department. It thus appears that such rescue reports and the `medical information' facially appearing thereon would be a public record within the purview of s. 119.011 (1), F.S....

...405 impart any confidentiality to the records kept by the fire department or otherwise exempt the information on the fire department's rescue report or records from the personal inspection and examination requirements of s. 119.07 (1), F. S., or the state policy declared in s. 119.01 , F. S. No provision of ch. 405 purports to exempt any record, particularly the fire department rescue reports in question, from ss. 119.01 and 119.07 (1)....

...City of Boca Raton, 353 So.2d 1194 (4 D.C.A. Fla., 1977). Thus, there does not appear to be any exemption in general law (and no special law providing for any such exemption has been brought to my attention) from the personal inspection, examination, and copying provisions of ss. 119.01 , 119.07 , and 119.08, F. S., for the rescue reports or records in question. Cf . AGO 072-303 (medical reports submitted to Department of Highway Safety and Motor Vehicles are public records within purview of s. 119.011 , F....

personal inspection and copying by' any person.” § 119.01(1), Fla. Stat. (2015); see also Art. I, § 24(a)

...ds himself or herself. Sincerely, Charlie Crist Attorney General CC/tgh 1 Section 101.015 (1)(a)-(e), Fla. Stat. 2 See , Form DS-DE-101, eff. 4/02, p. 9. 3 Id . at p. 11. 4 Form DS-DE-101, supra , at p. 44. 5 Id. 6 Form DS-DE-101, supra , at n. 4. 7 Section 119.01 , Fla. Stat., and s. 119.07 (1)(a), Fla. Stat. 8 Section 119.011 (1), Fla....

...cases. LAW & ANALYSIS The general purpose of the Florida Public Records Act (Act) is to open public records so Florida’s citizens can directly observe the actions of their government. Browning v. Walton, 351 So.2d 380, 381 (Fla. 4th DCA 1977). Section 119.01(1), Florida Statutes (1993), expressly declares that: “It is the policy of this state that all state, county, and municipal records shall at all times be open for inspection by any person.” In light of this underlying policy, the A...

...riminal justice agency in the course of conducting a criminal investigation of a specific act or omission, including, but not limited to, information derived from laboratory tests, reports of investigators or informants, or any type of surveillance. Section 119.011(3)(d)2 defines “active” as follows: Criminal investigative information shall be considered “active” as long as it is related to an ongoing investigation which is continuing with a reasonable, good faith anticipation of securing an arrest or prosecution in the foreseeable future....

...o disclosure once grand jury returned no true bill and there was no new evidence in the ease). By contrast, if the grand jury returns an indictment and a prosecution is pending, the information remains “active” and protected from disclosure. See section 119.011(3)(d)2 (information remains “active” if it is directly related to pending prosecutions)....

QUESTIONS: 1. Is a state employee a citizen of Florida for the purposes of s. 119.01 , F.S.? 2....

...In response to your first inquiry, Florida's Public Records Law, Ch. 119 , F.S., as amended by Ch. 75-225, Laws of Florida, effective July 1, 1975, provides that it is the policy of the state that public records shall at all times be open for a personal inspection by any person, s. 119.01 , F.S. 1975. Section 119.01 is now in conformity with s. 119.07 (1), F.S. 1975, which also requires public records to be open for inspection and examination by any person desiring to do so. The use by the Legislature of a comprehensive term such as "any person," s. 119.01 , "every person," s....

...The Public Records Law does not differentiate from or discriminate against public persons or employees. Since state employees are unquestionably "persons," it follows that they are entitled to inspect and examine public documents or records (as defined by s. 119.011 , F.S....

...would prejudice the opposing parties, whether the privilege of amendment has been abused, and whether amendment would be futile. Vaughn v. Boerckel, 20 So.3d 443, 445 (Fla. 4th DCA 2009). Reversed and remanded. WARNER and DAMOORGIAN, JJ., concur. . § 119.01, Fla....

DCA 2023) (“Nothing in the plain language of [section 119.01, Florida Statutes] or the Florida Constitution

answered accordingly. AS TO QUESTION 4(e): Section 119.01, F.S., of the Public Records Law, requires

...cripts to refresh the recollection of witnesses who testified during an evidentiary hearing on Lewis’ motion for postconviction relief. We find that Lewis is entitled to copies of the transcripts, and reverse the trial court’s order. In general, section 119.01, Florida Statutes (2006), requires all state agencies to open their public records for inspection and copying. The State Attorney’s Office is an “agency” as defined by section 119.011, Florida Statutes. See State v. Kokal, 562 So.2d 324 (Fla.1990). And, the transcripts fit within the broad definition of “public records” found in section 119.011(11), Florida Statutes....

...from the sale of the information by the private company. Question Two You ask whether the property appraiser may accept electronic records, such as requests for exemptions or other filings, from the public and store such information electronically. Section 119.01 (2), Florida Statutes, recognizes the increasing use of electronic recordkeeping by public agencies....

...nically. In light of the responsibilities of the Department of Revenue in this area and its authority to prescribe the forms to be used, it may be advisable to contact the department on this matter. Sincerely, Charlie Crist Attorney General CC/tjw 1 Section 119.01 (1), Fla....

...84-81 (1984), 76-34 (1976) (which concluded that the public must have free access to a computer terminal for the mere inspection and examination of public records, absent specific statutory authority for a charge or fee), and 75-50 (1975). 3 Attorney General Opinion 84-03 (1984). And see s. 119.011 (11), Fla....

...g a set fee for duplication of public records, as long as the set fee reflects the fee authorized in Ch. 119. 5 And see s. 119.07 (4)(c), Fla. Stat., authorizing an agency to charge up to $1 per copy for a certified copy of a public record. See also s. 119.011 (7), Fla....

...substrate through the electrophotographic, xerographic, laser, or offset process or any combination of these processes, by which an operator can make more than one copy without rehandling the original." 6 Section 119.07 (4)(a)3., Fla. Stat. And see s. 119.011 (1), Fla....

...ive use of information technology resources or the labor cost of the personnel providing the service that is actually incurred by the agency or attributable to the agency for the clerical and supervisory assistance required, or both." (e.s.) And see s. 119.011 (9), Fla....

...Stat., authorizing an agency to copyright data processing software created by the agency and to establish a sale price and licensing fee for any other public or private entity. The requester has not indicated what service the private company will provide in "repackaging" the public records information. 11 And see s. 119.01 (2)(b), (c) and (d), Fla....

...of Santa Fe College, 109 So. 3d 851, 855 (Fla. 1st DCA 2013). Specifically, the Public Records Act declares that “[i]t is the policy of this state that all state, county, and municipal records are open for personal inspection and copying by any person.” § 119.01(1), Fla....

...pt from disclosure even though the voter is a participant in the Address Confidentiality Program for Victims of Domestic Violence established pursuant to sections 741.401 -741-409, Florida Statutes. Sincerely, Charlie Crist Attorney General CC/tjw 1 Section 119.01 (1), Fla. Stat. And see , s. 119.07 (1)(a), Fla. Stat. 2 See , Art. I , s. 24 (a), Fla. Const. 3 See , s. 119.011 (1), Fla....

General RAB/tjw 1 See, s. 106.23(2), F.S. 2 Section 119.01(1), F.S. And see, s. 119.07(1)(a), F.S. (1992

...ipts to prepare a post-conviction motion. Sanders v. State, 62 So.3d 1176 (Fla. 4th DCA 2011); Vanover v. State, 946 So.2d 1152 (Fla. 4th DCA 2006). Further, indigent prisoners are not entitled to free copies of records under the Public Records Act, Section 119.01, et seq., Florida Statutes (2015)....

...use. The trial court also stated as a ground for granting a new trial that the information obtained was a conclusion and mental impression of appellee therefore was erroneously admitted at trial in violation of section 119.07(3)(o). We do not agree. Section 119.01(l)(a) permits the inspection of public records by any person desiring to do so....

assets which arose before his appointment). 18 Section 119.01, Fla. Stat., and s. 119.07(1)(a), Fla. Stat

...See § 119.07(3)(b), Fla. Stat. (1999) (exempting "active criminal investigative information”); § 119.07(3)(Z), Fla. Stat. (1999) (exempting records prepared by an agency attorney exclusively for civil or criminal litigation until the conclusion of litigation); § 119.01 l(3)(d)(2), Fla....

...See § 119.07(3)(b), Fla. Stat. (1999) (exempting “active criminal investigative information”); § 119.07(3)(Z), Fla. Stat. (1999) (exempting records prepared by an agency attorney exclusively for civil or criminal litigation until the conclusion of litigation); § 119.01 l(3)(d)(2), Fla....

...nder the Federal Privacy Act of 1974," and you accordingly ask about the commission's duties and obligations with respect to this federal law and the Florida Public Records Law, Ch. 119 , F.S., as amended by Ch. 84-298, Laws of Florida. QUESTION ONE Section 119.01 (1), F.S., provides that "[i]t is the policy of this state that all state, county, and municipal records shall at all times be open for a personal inspection by any person." Section 119.011 (1), F.S., defines "public records" for purposes of the Florida Public Records Law as all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings or other material, regardless of physical form or characteristics, made or received pursuant to law or ordinance or in connection with the transaction of official business by any agency. (e.s.) Section 119.011 (2), F.S., defines "agency" to mean "any state ....

...nerally be considered a revenue-generating operation, and the mandatory inspection provisions of Ch. 119 , F.S., were intended to operate regardless of the physical form or characteristics of particular records. Attorney General Opinion 84-3. See, s 119.011 (1), F.S., supra, defining "public records" for purposes of Ch....

...Inspection of the record convinces us that the evidence was sufficient to support the verdict. The trial court’s denial of appellant’s motion to require the state attorney to produce certain documents, which consisted of public records open to inspection under § 119.01 Fla....

for damages if such information is released. Section 119.01, F.S., states that "[i]t is the policy of this

of the Public Records Act, s. 119.01, F.S. Section 119.01, F.S., provides in relevant part: All state

open for personal inspection by any person. Section 119.01(1), F.S. The phrase "[p]ublic records" is defined

...11 Therefore, the county is not authorized to alter the terms of the Public Records Law by entering into a settlement agreement which would defeat the intent of the law contrary to public policy. Sincerely, Robert A. Butterworth Attorney General RAB/tgh 1 Section 119.01 (1), Fla. Stat. 2 Section 119.011 (1), Fla....

...criminal trial held in Jacksonville, Florida. The case garnered much attention in the local, state, and national media. In September 2013, the Media made its initial public records request for criminal discovery records, which makes such items subject to inspection and copying. See § 119.011(3)(c)(5), Fla....

...constitutionally guaranteed.” Bd. of Cnty. Comm’rs of Highlands Cnty. v. Colby, 976 So. 2d 31, 35 (Fla. 2d DCA 2008) (citing art. I, § 24(a), Fla. Const.). Chapter 119 obligates a state agency to provide public records to any person requesting them. See § 119.01(1), Fla....

...Providing access to public records is a duty of each agency.”). As a policy, this chapter acknowledges that public records have become “automated” in the modern era, but that the “[a]utomation of public records must not erode the right of access to those records.” See § 119.01(2)(a)....

governmental officials by ordinance or otherwise. Section 119.01, F.S., as amended by s 2 of Ch. 83-286, Laws

...on Services, Department of State. The copy of the facsimile then is retained as a public record. It is the general policy of this state that all state, county and municipal records are to be open for personal inspection at all times by any person. 1 Section 119.011 (1), F.S., defines "[p]ublic records" to include: all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings or other material, regardless of physical form or characteristics, made or received pursuant to...

...7 Accordingly, unless legislatively or judicially determined otherwise, facsimile copies received by a public agency which are copied to produce a more permanent record may be treated as intermediate records which may be destroyed. Sincerely, Robert A. Butterworth Attorney General RAB/tls 1 Section 119.01 (1), F.S....

...by [Uber] to the County as a usage fee at the [airport did] not constitute trade secret information such that it would be exempt from public disclosure.” Florida policy requires “all state, county, and municipal records” to be open for inspection and copying by any person. § 119.01(1), Fla....

Fla. Stat. 5 Section 193.114(6), Fla. Stat. 6 Section 119.01(1), Fla. Stat. 7 See Seminole County v. Wood

...e had received regarding the plaintiff from the comptroller of the state or from the Internal Revenue Service. Plaintiff cross-appeals this as error. All state, county and municipal ■records are open for personal inspection of -any citizen. F.S.A. § 119.01....

not refuse this privilege to any citizen." Section 119.01, F.S. For the purposes of the Public Records

...It would be incumbent upon the commission members to avoid any action that could be construed as an attempt to evade the requirements of the law. Public Records It is the policy of this state that all state, county, and municipal records are open for personal inspection and copying by any person. 6 Section 119.011 (11), Florida Statutes, defines "[p]ublic records" as "all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteris...

...board meeting), 02-32 (2002), 01-66 (2001), and Inf. Ops. to The Honorable Jack Tanner, Chair, Lee Soil and Water Conservation District, dated March 19, 2007, and Mr. Michael Ciocchetti, Attorney for the Town of Ponce Inlet, dated March 23, 2006. 6 Section 119.01 (1), Fla....

...This section specifically includes the legislative, executive, and judicial branches of government and each agency or department created thereunder; counties, municipalities, and districts; and each constitutional officer, board, and commission, or entity created pursuant to law or this Constitution." 7 Section 119.011 (2), Fla....

..., who must forthwith deliver the same to him or her. 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." 10 Section 119.011 (5), Fla....

Robert A. Butterworth Attorney General RAB/tgh 1 Section 119.01(1), Fla. Stat. 2 Article I, s. 24(a), Fla.

...“[T]he purpose of the [Act] ‘is to open public records to allow Florida’s citizens to discover the actions of their government.’ ” Bent v. State, 46 So.3d 1047, 1048 (Fla. 4th DCA 2010) (quoting Christy v. Pakn Beach Cnty. Sheriff’s Office, 698 So.2d 1365, 1366 (Fla. 4th DCA 1997)). Section 119.01(1) expressly provides that *679 “[i]t is the policy of this state that all state, county and municipal records shall be open for personal inspection by any person.” It is the “duty” of each public agency, to fulfill this legislative policy....

...include the disputed records. The State asserts that the records are exempt in part pursuant to section 119.071(2)(h)l. The relevant part of that provision exempts certain components of criminal investigative information, a phrase of art, defined by section 119.011(3)(b) as “information ......

...ot limited to information derived from laboratory tests, reports ... or ... surveillance.” It does not include, however, “[d]ocuments ... required by law ... to be given to the person arrested, except as provided in section 119.071(2)(h) ....” § 119.011(3)(c)5., Fla....

...tion. We assume this omission was inadvertent and caution counsel to be more thorough, especially when the opposing party is unrepresented by counsel. . The term "redact” is defined (as it pertains to both tangible records and electronic media) in section 119.011(13) and needs no elaboration....

...codified in Chapter 119, Florida Statutes. Through the Public Records Act, the Legislature has reinforced that “[i]t is the policy of this state that all state, county, and municipal records are open for personal inspection and copying by any person.” § 119.01(1), Fla....

...Presumably, not all phone calls or text messages from any personal devices would be public records—only those that were “made or received pursuant to law or ordinance or in connection with the transaction of official business by any agency.” § 119.011(12), Fla....

guarantees a right of access to public records. § 119.01(1), Fla. Stat. (2021). Pursuant to the act, a

...s, refers to voter registration records and does not apply to or exempt the voters' and witnesses' signatures on the voter's certificate located on the back of the absentee ballot envelope. Sincerely, Robert A. Butterworth Attorney General RAB/tjw 1 Section 119.01 (1), Fla. Stat. And see , s. 119.07 (1)(a), Fla. Stat. 2 See , Art. I , s. 24 (a), Fla. Const. 3 See, s. 119.011 (1), Fla....

Robert A. Butterworth Attorney General (ls) 1 Section 119.01(1), F.S., providing "[i]t is the policy of

...We are of the view that the order in question constitutes an abuse of the trial *946 court’s discretion and departs from the essential requirements of the law to the irreparable harm of petitioner. First, it is clear that police reports are not public records within the meaning of Section 119.01, Florida Statutes (1975) and thus need not be held open at all times for personal inspection by any person....

...all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings or other material, regardless of physical form or characteristics, made or received pursuant to law or ordinance or in connection with the transaction of official business by any agency." Sec. 119.011(1), F.S....

...1975. The term "agency" as employed in the definition of "public records" includes any state commission and "... any other public or private agency, person, partnership, corporation, or business entity acting on behalf of any *1002 public agency." Sec. 119.011(2), F.S....

...The preliminary investigation is as much a statutory function of the agency as a subsequent hearing of formal charges. Sec. 447.503(3)(a), F.S. 1975. It is similarly clear that "records, affidavits, papers and notes" in the custody of the Commission's investigator are "public records" encompassed in the broad definition of § 119.011(1), above quoted....

...nfidential or which are prohibited from being inspected by the public," § 119.07(2)(a), F.S. 1975, [3] these records of a civil investigation are not analogous. No provision of the Public Employees Relations Act arguably operates as an exemption to § 119.01, as may the statute controlling examination of union authorization cards signed by employees....

...300 So.2d 750 (Fla.1st DCA 1974), cert. den., 310 So.2d 745 (Fla. 1975), that a private person contractually engaged by the Duval County School Board to assist in locating a new superintendent was not himself an "agency" whose records were subject to examination under § 119.011, F.S. 1973. See ch. 75-225, Fla.Laws. [3] See Op.Atty.Gen. 072-168 (1972). [4] The statute thus ameliorates its more broadly stated purpose to make public records open for inspection "at all times." Sec. 119.01, F.S....

Robert A. Butterworth Attorney General RAB/tgh 1 Section 119.01, F.S., and s. 119.07(1)(a), F.S., as amended

be open for public inspection by any person.” F.S. 119.01. Under the law, there are certain exemptions

...ding of a public meeting is a type of conduct a grand jury may properly investigate. Also, there is a factual basis for the challenged statements in the report. We reject appellant's attempt to manufacture an issue by setting up the straw man of the section 119.01(11) definition of public records....

...al records are open for personal inspection and copying by any person. Providing access to public records is a duty of each agency”) and provides various public record exemptions, including those found in section 119.0713. See also § 119.011(8), Fla....

...t to the State Attorney, seeking a copy of the tape recordings. The question for the court was whether tape recordings (which were part of the evidence gathered in the course of a criminal investigation) were “documents” within the meaning of section 119.011(3)(c)5, Florida Statutes (1979). This section excludes “[d]ocuments ....

...criminal intelligence and investigative information”). In other words, although section 119.071(2)(c)1 provides a general exemption from public records disclosure of “active criminal intelligence information” and “active criminal investigative information,” section 119.011(3)(c)5 specifically excludes from that defined exemption (i.e., treats as a public record subject to disclosure) “[d]ocuments given or required by law or agency rule to be given to the person arrested.” The Fourth District, construing the statute (section 119.01), its exemption (section 119.011(3)(a) for active criminal intelligence/investigative information), and the exception to the exemption (section 119.011(3)(c)5, providing that documents provided to a person arrested are not exempt from disclosure under public records law), held that the tape recordings were “documents” under section 119.011(3)(c)5 and, once they were given to the person arrested, they fell within the exception to the exemption and thus statutorily subject to inspection and copying as public records. Id. at 398. See also Bludworth, 476 So. 2d 778 (noting: “The issue 14 is whether section 119.011(3)(c) 5, Florida Statutes (1983), which excludes from the definitions of ‘criminal intelligence information’ and ‘criminal investigation information’ ‘[d]ocuments given or required by law or agency rule to be given to a p...

...igation of a Medicaid provider ... relating to an allegation of fraud, abuse, or neglect are confidential and exempt from the provisions of s. 119.07(1) ....’’ Section 119.07(1), Florida Statutes, appears in Florida’s Public Records Act. See §§ 119.01-.15, Fla....

public records from the Broward County Sheriff. Section 119.01(1), Florida Statutes (2022), provides that

...ent in licensing and regulating securities dealers doing business in this state, and as such would appear to constitute public records. The fact that the department permits the CRD to maintain those records does not alter the status of such records. Section 119.01 (4), Florida Statutes, however, requires agencies to establish a program for the disposal of records without sufficient legal, fiscal, administrative, or archival value pursuant to the retention schedules established by the records and...

...ch require agencies to adopt a schedule for the disposal of records no longer needed, subject to the approval of the Division of Library and Information Services of the Department of State. Sincerely, Robert A. Butterworth Attorney General RAB/tjw 1 Section 119.011 (1), Fla. Stat. 2 See, Shevin v. Byron, Harless, Schaffer, Reid and Associates, Inc ., 379 So.2d 633 (Fla. 1980). 3 See , s. 119.01 (1), Fla....

...We reverse the order. In obtaining the order the panel relied upon Chapter 119, Florida Statutes, "Public Records," which reflects the policy of the state "that all state, county, and municipal records are open for personal inspection by any person." Section 119.01(1), Florida Statutes (2004)....

...We reverse because some of the information contained in the documents was within the part of the statute excluding the “time, date, location, and nature of a reported crime” from the exemption, and should have been made available to Mr. Barfield. § 119.011(3)(c)l, Fla....

...1 And while “active criminal investigative information” 2 is considered exempt from public records disclosure requirements, see § 119.071(2)(c)l, Fla. Stat., the statute expressly excludes “[t]he time, date, location, and nature of a reported crime” from the exemption. § 119.011(3)(c)l, Fla....

...it was included in the ... document referring the matter ... and which served as the basis for initiating this investigation.” Dempsey, 478 So.2d at 1132 . We noted further that “[o]ther information in the letter not falling within the terms of [section 119.011(3)(c)l] remains exempt, however, and may be excised before production of the letter.” Id....

...(citing § 119.07(2)(a), Fla. Stat. (Supp. 1984)); see also City of Riviera Beach v. Barfield, 642 So.2d 1135, 1137 (Fla. 4th DCA 1994) (affirming trial court’s ruling requiring partial disclosure of letter containing non-exempt information under section 119.011(3)(c)l). Here, the Facebook post attached to the general counsel’s email reported the date, time, and nature of a crime to TPD within the meaning of section 119.011(3)(c)l....

...). Accordingly, we reverse the denial of Mr. Barfield’s petition for writ of mandamus and remand for further proceedings consistent with this opinion. REVERSED AND REMANDED. BENTON and OSTERHAUS, JJ., and LESTER, DON H., Associate Judge, concur. . Section 119.011(12) defines “public records” as: [A]ll documents, papers, letters ... 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. . Section 119.01 l(3)(b) defines “criminal investigative information” as: [Ijnformation with respect to an identifiable person or group of persons compiled by a criminal justice agency in the course of conducting a criminal investigation of a speci...

...119 unless a specific exemption exists by statute. AS TO QUESTION 1: Florida's Public Records Law provides in relevant part that: It is the policy of this state that all state, county, and municipal records shall at all times be open for a personal inspection by any person. [Section 119.01 , F....

...all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings or other material, regardless of physical form or characteristics, made or received pursuant to law or ordinance or in connection with the transaction of official business by any agency. [Section 119.011 (1), F. S.] "Agency" is defined to include: . . . any state, county, district, authority, or municipal officer, department, division, board, bureau, commission, or other separate unit of government created or established by law . . . . [Section 119.011 (2), F. S.] The state attorney is a constitutional officer, s. 17, Art. V, State Const., with duties provided by law, ss. 27.02 , 27.03 , 27.04 , and 27.06 , F. S. Clearly, the state attorney's office is an "agency" within the meaning of s. 119.011 (2), F. S., and hence subject to the requirements of ss. 119.01 and 119.07 (1), F....

953 So. 2d 759, 763 (Fla. 2d DCA 2007) (quoting § 119.01(1), Fla. Stat. (2002)). Before 2017, plaintiffs

that none of the exceptions provided for in section 119.01 l(3)(c)5 have been asserted in the case at

times for a personal inspection by any person. Section 119.01, F.S. The statutory provisions governing inspection

...Although documents turned over to the defendant during discovery are generally public records subject to disclosure under Chapter 119, the courts have authority to manage pretrial publicity to protect the defendant s constitutional rights as described in Lewis , and as specifically provided by § 119.01 l(3)(c)5., Fla....

care complied with federal requirements. . Section 119.01(1), Florida Statutes (1989), provides that:

open to personal inspection by any person. Section 119.01. See also s. 119.07(1), requiring the custodian