Florida Statute 119.01 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title X
PUBLIC OFFICERS, EMPLOYEES, AND RECORDS

Chapter 119
PUBLIC RECORDS

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F.S. 119.01

119.01 General state policy on public records.—

(1) It 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.

(2)(a) Automation of public records must not erode the right of access to those records. As each agency increases its use of and dependence on electronic recordkeeping, each agency must provide reasonable public access to records electronically maintained and must ensure that exempt or confidential records are not disclosed except as otherwise permitted by law.

(b) When designing or acquiring an electronic recordkeeping system, an agency must consider whether such system is capable of providing data in some common format such as, but not limited to, the American Standard Code for Information Interchange.

(c) An agency may not enter into a contract for the creation or maintenance of a public records database if that contract impairs the ability of the public to inspect or copy the public records of the agency, including public records that are online or stored in an electronic recordkeeping system used by the agency.

(d) Subject to the restrictions of copyright and trade secret laws and public records exemptions, agency use of proprietary software must not diminish the right of the public to inspect and copy a public record.

(e) Providing access to public records by remote electronic means is an additional method of access that agencies should strive to provide to the extent feasible. If an agency provides access to public records by remote electronic means, such access should be provided in the most cost-effective and efficient manner available to the agency providing the information.

(f) Each agency that maintains a public record in an electronic recordkeeping system shall provide to any person, pursuant to this chapter, a copy of any public record in that system which is not exempted by law from public disclosure. An agency must provide a copy of the record in the medium requested if the agency maintains the record in that medium, and the agency may charge a fee in accordance with this chapter. For the purpose of satisfying a public records request, the fee to be charged by an agency if it elects to provide a copy of a public record in a medium not routinely used by the agency, or if it elects to compile information not routinely developed or maintained by the agency or that requires a substantial amount of manipulation or programming, must be in accordance with s. 119.07(4).

(3) If public funds are expended by an agency in payment of dues or membership contributions for any person, corporation, foundation, trust, association, group, or other organization, all the financial, business, and membership records of that person, corporation, foundation, trust, association, group, or other organization which pertain to the public agency are public records and subject to the provisions of s. 119.07.

History.—s. 1, ch. 5942, 1909; RGS 424; CGL 490; s. 1, ch. 73-98; s. 2, ch. 75-225; s. 2, ch. 83-286; s. 4, ch. 86-163; ss. 1, 5, ch. 95-296; s. 2, ch. 2004-335; s. 1, ch. 2005-251.

F.S. 119.01 on Google Scholar

F.S. 119.01 on Casetext

Amendments to 119.01

Arrestable Offenses / Crimes under Fla. Stat. 119.01

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 119.01.

Annotations, Discussions, Cases:

Cases Citing Statute 119.01

Total Results: 20

Doe v. DeSantis

Court: District Court of Appeal of Florida | Date Filed: 2024-06-12

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

JEROME ERIC BIVENS W v. GREGORY TONY, SHERIFF and STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2023-08-09

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

MICHAEL ROLDAN v. CITY OF HALLANDALE BEACH

Court: District Court of Appeal of Florida | Date Filed: 2023-04-05

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

MICHAEL E. JACKSON v. CITY OF SOUTH BAY, FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2023-02-15

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

CITY OF MIAMI BEACH, etc. v. MIAMI NEW TIMES, LLC

Court: District Court of Appeal of Florida | Date Filed: 2020-12-16

Snippet: Fourth District, construing the statute (section 119.01), its exemption (section 119.011(3)(a) for active

MAGGY HURCHALLA v. SOUTH FLORIDA WATER MANAGEMENT DISTRICT

Court: District Court of Appeal of Florida | Date Filed: 2019-09-18

Snippet: to public records is a duty of each agency.” § 119.01(1), Fla. Stat. (2017). Consistent with this policy

Managed Care of North America, Inc. v. Florida Healthy Kids Corporation and Delta Dental Insurance Company

Court: District Court of Appeal of Florida | Date Filed: 2019-03-20

Citation: 268 So. 3d 856

Snippet: II. Analysis Section 119.01(1), Florida Statutes, which establishes Florida’s

Dep't of Health v. Rehab. Ctr. at Hollywood Hills, LLC

Court: District Court of Appeal of Florida | Date Filed: 2018-11-30

Citation: 259 So. 3d 979

Snippet: Florida Statutes (the Public Records Act). See § 119.01(1), Fla. Stat. (2017) (providing that all state

MARTIN E. O'BOYLE and ASSET ENHANCEMENT, INC. v. TOWN OF GULF STREAM

Court: District Court of Appeal of Florida | Date Filed: 2018-10-24

Citation: 257 So. 3d 1036

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

Jeffrey A. Siegmeister, State Attorney for the Third Judicial Circuit of Florida v. L. J. Johnson

Court: District Court of Appeal of Florida | Date Filed: 2018-02-20

Citation: 240 So. 3d 70

Snippet: personal inspection and copying by any person. § 119.01(1), Fla. Stat. (2010). Accordingly, “[p]roviding

RASIER-DC, LLC v. B & L SERVICE, INC., BROWARD COUNTY, FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2018-01-10

Citation: 237 So. 3d 374

Snippet: open for inspection and copying by any person. § 119.01(1), Fla. Stat. (2016). Public custodians must allow

PALM BEACH COUNTY SHERIFF'S OFFICE and RIC L. BRADSHAW v. SUN-SENTINEL COMPANY, LLC

Court: District Court of Appeal of Florida | Date Filed: 2017-09-06

Citation: 226 So. 3d 969, 45 Media L. Rep. (BNA) 2237, 2017 WL 3888807, 2017 Fla. App. LEXIS 12924

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

Florida Agency For Health Care Administration v. Zuckerman Spaeder, LLP

Court: District Court of Appeal of Florida | Date Filed: 2017-07-06

Citation: 221 So. 3d 1260, 2017 WL 2870998, 2017 Fla. App. LEXIS 9660

Snippet: access to public records is a duty of each agency.” §119.01(1), Florida Statutes. However, this Court has recognized

Surterra Florida, LLC., Alpha Foliage etc. v. Florida Department of Health

Court: District Court of Appeal of Florida | Date Filed: 2017-06-09

Citation: 223 So. 3d 376, 2017 WL 2491548, 2017 Fla. App. LEXIS 8542

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

National Council on Compensation Insurance, Florida Office of Insurance Regulation, and David Altmaier, in his official capacity as Commissioner of the Florida Office of Insurance Regulation v. James F. Fee Jr., Individually

Court: District Court of Appeal of Florida | Date Filed: 2017-05-09

Citation: 219 So. 3d 172, 2017 WL 1908370, 2017 Fla. App. LEXIS 6518

Snippet: to public records is a duty of each agency.” § 119.01, Fla. Stat. (2015). The Act defines an “agency”

Office of Insurance Regulation v. State Farm Florida Insurance Company

Court: District Court of Appeal of Florida | Date Filed: 2017-03-20

Citation: 213 So. 3d 1104, 2017 WL 1048108, 2017 Fla. App. LEXIS 3662

Snippet: personal inspection and copying by any person.” § 119.01(1), Fla. Stat. But the Legislature has exempted

Agency for Health Care Administration v. South Broward Hospital District

Court: District Court of Appeal of Florida | Date Filed: 2016-12-16

Citation: 206 So. 3d 826, 2016 Fla. App. LEXIS 18501

Snippet: exempting the file from public disclosure. See §§ 119.01(1), 119.07(1), Fla. Stat.; Wait v. Fla. Power &

Doe v. State

Court: District Court of Appeal of Florida | Date Filed: 2016-09-28

Citation: 210 So. 3d 154

Snippet: legally exempt from disclosure." (citing §§ 28.13; 119.01(1), (3); 119.011(1), (2), Fla. Stat. (2003))).

Milner v. State

Court: District Court of Appeal of Florida | Date Filed: 2016-07-27

Citation: 196 So. 3d 569, 2016 Fla. App. LEXIS 11415, 2016 WL 4035713

Snippet: of records under the Public Records Act, Section 119.01, et seq., Florida Statutes (2015). Roesch v. State

Citizens Awareness Foundation, Inc. v. Wantman Group, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2016-05-25

Citation: 195 So. 3d 396, 2016 Fla. App. LEXIS 7970, 2016 WL 3002334

Snippet: 953 So.2d 759, 763 (Fla. 2d DCA 2007) (quoting § 119.01(1), Fla. Stat. (2002)). Section 119.12 provides