Florida Statute 119.011 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title X
PUBLIC OFFICERS, EMPLOYEES, AND RECORDS

Chapter 119
PUBLIC RECORDS

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F.S. 119.011

119.011 Definitions.—As used in this chapter, the term:

(1) “Actual cost of duplication” means the cost of the material and supplies used to duplicate the public record, but does not include labor cost or overhead cost associated with such duplication.

(2) “Agency” means any state, county, district, authority, or municipal officer, department, division, board, bureau, commission, or other separate unit of government created or established by law including, for the purposes of this chapter, the Commission on Ethics, the Public Service Commission, and the Office of Public Counsel, and any other public or private agency, person, partnership, corporation, or business entity acting on behalf of any public agency.

(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.

(b) “Criminal investigative information” means 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.

1. The time, date, location, and nature of a reported crime.

2. The name, sex, age, and address of a person arrested or of the victim of a crime except as provided in s. 119.071(2)(h) or (o).

3. The time, date, and location of the incident and of the arrest.

4. The crime charged.

5. Documents given or required by law or agency rule to be given to the person arrested, except as provided in s. 119.071(2)(h) or (m), and, except that the court in a criminal case may order that certain information required by law or agency rule to be given to the person arrested be maintained in a confidential manner and exempt from the provisions of s. 119.07(1) until released at trial if it is found that the release of such information would:

a. Be defamatory to the good name of a victim or witness or would jeopardize the safety of such victim or witness; and

b. Impair the ability of a state attorney to locate or prosecute a codefendant.

6. Informations and indictments except as provided in s. 905.26.

(d) The word “active” shall have the following meaning:

1. Criminal intelligence information shall be considered “active” as long as it is related to intelligence gathering conducted with a reasonable, good faith belief that it will lead to detection of ongoing or reasonably anticipated criminal activities.

2. 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.

In addition, criminal intelligence and criminal investigative information shall be considered “active” while such information is directly related to pending prosecutions or appeals. The word “active” shall not apply to information in cases which are barred from prosecution under the provisions of s. 775.15 or other statute of limitation.

(4) “Criminal justice agency” means:

(a) Any law enforcement agency, court, or prosecutor;

(b) Any other agency charged by law with criminal law enforcement duties;

(c) Any agency having custody of criminal intelligence information or criminal investigative information for the purpose of assisting such law enforcement agencies in the conduct of active criminal investigation or prosecution or for the purpose of litigating civil actions under the Racketeer Influenced and Corrupt Organization Act, during the time that such agencies are in possession of criminal intelligence information or criminal investigative information pursuant to their criminal law enforcement duties; or

(d) The Department of Corrections.

(5) “Custodian of public records” means the elected or appointed state, county, or municipal officer charged with the responsibility of maintaining the office having public records, or his or her designee.

(6) “Data processing software” means the programs and routines used to employ and control the capabilities of data processing hardware, including, but not limited to, operating systems, compilers, assemblers, utilities, library routines, maintenance routines, applications, and computer networking programs.

(7) “Duplicated copies” means new copies produced by duplicating, as defined in s. 283.30.

(8) “Exemption” means a provision of general law which provides that a specified record or meeting, or portion thereof, is not subject to the access requirements of s. 119.07(1), s. 286.011, or s. 24, Art. I of the State Constitution.

(9) “Information technology resources” means data processing hardware and software and services, communications, supplies, personnel, facility resources, maintenance, and training.

(10) “Paratransit” has the same meaning as provided in s. 427.011.

(11) “Proprietary software” means data processing software that is protected by copyright or trade secret laws.

(12) “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, 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.

(13) “Redact” means to conceal from a copy of an original public record, or to conceal from an electronic image that is available for public viewing, that portion of the record containing exempt or confidential information.

(14) “Sensitive,” for purposes of defining agency-produced software that is sensitive, means only those portions of data processing software, including the specifications and documentation, which are used to:

(a) Collect, process, store, and retrieve information that is exempt from s. 119.07(1);

(b) Collect, process, store, and retrieve financial management information of the agency, such as payroll and accounting records; or

(15) “Utility” means a person or entity that provides electricity, natural gas, telecommunications, water, chilled water, reuse water, or wastewater.

History.—s. 1, ch. 67-125; s. 2, ch. 73-98; s. 3, ch. 75-225; ss. 1, 2, ch. 79-187; s. 8, ch. 85-53; s. 1, ch. 88-188; s. 5, ch. 93-404; s. 5, ch. 93-405; s. 5, ch. 95-207; s. 6, ch. 95-296; s. 10, ch. 95-398; s. 40, ch. 96-406; s. 2, ch. 97-90; s. 3, ch. 2004-335; s. 43, ch. 2005-251; s. 1, ch. 2008-57; s. 1, ch. 2016-95; s. 1, ch. 2017-11; s. 2, ch. 2018-2.

F.S. 119.011 on Google Scholar

F.S. 119.011 on Casetext

Amendments to 119.011

Arrestable Offenses / Crimes under Fla. Stat. 119.011

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 119.011.

Annotations, Discussions, Cases:

Cases Citing Statute 119.011

Total Results: 20

Rick Moeller v. Southeast Florida Behavorial Health Network, Inc, Ann Berner, and Lindsay Slatter-Cerny

Court: Fla. Dist. Ct. App. | Date Filed: 2024-08-14T00:00:00-07:00

Snippet: business by any agency.” [§] 119.011(12)[, Fla. Stat. (2022)]. … …public [“]agency[”] as defined in [section] 119.011(2), Florida Statutes (2022), and is subject to

MERLIN HOWARD v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2024-01-19T00:00:00-08:00

Snippet: , as is reflected in the title of section 119.11—"Accelerated hearing; immediate compliance…, 124 (Fla. 2016) (citation omitted) (quoting § 119.11(1), Fla. Stat. (2009)); see also art. I, § 24(a…made confidential by this Constitution."); § 119.11(1) ("Whenever an action is filed to enforce

CITY OF PEMBROKE PINES v. TOWN OF SOUTHWEST RANCHES

Court: Fla. Dist. Ct. App. | Date Filed: 2023-03-22T00:53:00-07:00

Snippet: reference to section 164.1041(1), argues that section 119.11 is a “procedure[] for challenges to specific governmental… issue is addressed by the court. Section 119.11(1) . . . does provide that, once a suit is filed

GRANT STERN v. CITY OF MIAMI BEACH

Court: Fla. Dist. Ct. App. | Date Filed: 2023-02-28T23:53:00-08:00

Snippet: , was exempt from disclosure. Invoking section 119.11, Florida Statutes, Stern sought an accelerated…transaction of official business by any agency.” § 119.011(12), Fla. Stat. Records custodians are required…Act takes precedence over other pending cases. § 119.11(1), Fla. Stat. In this vein, the trial court is

MARTIN E. O'BOYLE v. TOWN OF GULF STREAM

Court: Fla. Dist. Ct. App. | Date Filed: 2022-06-01T00:53:00-07:00

Snippet: that has nothing to do with attorney’s fees. See § 119.11(1), Fla. Stat. (2014) (“Whenever an action is filed

CITY OF SUNNY ISLES BEACH, etc. v. JEANNETTE GATTO

Court: Fla. Dist. Ct. App. | Date Filed: 2022-03-30T00:53:00-07:00

Snippet: ] to City business.” Pursuant to section 119.11(1), 2 the trial court conducted an April 12, 2021…the text messages were e-mailed to 2 Section 119.11(1) reads as follows: “Whenever an action is filed… the case priority over other pending cases.” § 119.11(1), Fla. Stat. (2021). 3 It is unclear from the…messages between Goldman and other people. 4 Section 119.11(2) reads as follows: “Whenever a court orders an…issues a stay order within such 48-hour period. § 119.11(2), Fla. Stat. (2021).

HUMAN RIGHTS DEFENSE CENTER v. ARMOR CORRECTIONAL HEALTH SERVICES, INC., etc.

Court: Fla. Dist. Ct. App. | Date Filed: 2021-11-30T23:53:00-08:00

Snippet: records, appellant filed this action under section 119.11, Florida Statutes (2001), asking the trial court

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

Court: Fla. Dist. Ct. App. | Date Filed: 2020-12-15T23:53:00-08:00

Snippet: in section 119.0713. See also § 119.011(8), Fla. Stat. (2019) (defining “exemption” as …were “documents” within the meaning of section 119.011(3)(c)5, Florida Statutes (1979). This section … criminal investigative information,” section 119.011(3)(c)5 specifically excludes from that defined …statute (section 119.01), its exemption (section 119.011(3)(a) for active criminal intelligence/investigative…, and the exception to the exemption (section 119.011(3)(c)5, providing that documents provided to a

NIKOLAS CRUZ v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2019-08-14T00:53:00-07:00

Snippet: there was no statutory exemption under section 119.011, Florida Statutes (2018), to shield the names of…confidential by this Constitution.” Section 119.011(12), Florida Statutes (2018) defines a public record

State v. Wooten

Court: Fla. Dist. Ct. App. | Date Filed: 2018-11-28T00:00:00-08:00

Citation: 260 So. 3d 1060

Snippet: 1069intervene in the trial court proceedings. Section 119.011 defines "[a]gency" as: any state, county

State v. Wooten

Court: Fla. Dist. Ct. App. | Date Filed: 2018-11-28T00:00:00-08:00

Citation: 260 So. 3d 1060

Snippet: 1069intervene in the trial court proceedings. Section 119.011 defines "[a]gency" as: any state, county

STATE OF FLORIDA v. DACOBY RESHARD WOOTEN AND THE PALM BEACH POST

Court: Fla. Dist. Ct. App. | Date Filed: 2018-11-27T23:53:00-08:00

Snippet: the trial court proceedings. Section 119.011 defines “[a]gency” as: any state, county

Executive Office of the Governor v. AHF MCO of Florida, Inc. d/b/a PHC Florida HIV/AIDS Specialty Plan

Court: Fla. Dist. Ct. App. | Date Filed: 2018-10-29T00:53:00-07:00

Snippet: Governor’s security detail. See §§ 119.071(2)(d), 119.011(2), Fla. Stat. (2018) (emphasis added). Thus, the

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

Court: Fla. Dist. Ct. App. | Date Filed: 2018-10-24T00:00:00-07:00

Citation: 257 So. 3d 1036

Snippet: records after a hearing held pursuant to section 119.11, Florida Statutes (2017). They then filed a Motion…transaction of official business by any agency.” § 119.011(12), Fla. Stat. (2017); accord Braddy v. State,…that “[b]ased on the plain language of section 119.011(1), . . . ‘private’ or ‘personal’ e-mails ‘simply

In Re: Standard Jury Instructions in Criminal Cases-Report 2018-03.

Court: Fla. | Date Filed: 2018-09-27T00:00:00-07:00

Citation: 253 So. 3d 995

Snippet: § 817.568(5), Fla. Stat. and § 119.011, Fla. Stat. If you find (…Reclassification. § 817.568(5), Fla. Stat. and § 119.011, Fla. Stat. If you find (…Reclassification. § 817.568(5), Fla. Stat. and § 119.011, Fla. Stat. If you find (…Reclassification. § 817.568(5), Fla. Stat. and § 119.011, Fla. Stat. If you find (… § 817.568(5), Fla. Stat. and § 119.011, Fla. Stat. If you find (

STATE ATTORNEY'S OFFICE OF THE 17TH JUDICIAL CIRCUIT v. CABLE NEWS NETWORK, INC.

Court: Fla. Dist. Ct. App. | Date Filed: 2018-07-25T00:53:00-07:00

Snippet: access requirements of [the Public Records Act].” § 119.011(8), Fla. Stat. (2018). The Public Records Act…informants, or any type of surveillance. § 119.011(3)(b), Fla. Stat. (2018). Such information is “…related to pending prosecutions or appeals.” Id. § 119.011(3)(d). The criminal investigative information…investigative information” within the meaning of section 119.011(3)(b) because they were not compiled by a criminal…shall comply with this order within 48 hours. § 119.11(2), Fla. Stat. (2018). KLINGENSMITH, J., concurs

State Attorney's Office of the Seventeenth Judicial Circuit v. Cable News Network, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2018-07-25T00:00:00-07:00

Citation: 251 So. 3d 205

Snippet: requirements of [the Public Records Act]." § 119.011(8), Fla. Stat. (2018). The Public Records Act &… or informants, or any type of surveillance. § 119.011(3)(b), Fla. Stat. (2018). Such information is &…to pending prosecutions or appeals." Id. § 119.011(3)(d). The criminal investigative information exemption…information" within the meaning of section 119.011(3)(b) because they were not compiled by a criminal…shall comply with this order within 48 hours. § 119.11(2), Fla. Stat. (2018). Klingensmith, J., concurs

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

Court: Fla. Dist. Ct. App. | Date Filed: 2017-09-06T00:00:00-07:00

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

Snippet: a crime”—was not implicated. See § 119.011(3)(c)2., Fla. Stat. (2017) (“Criminal investigative… the reach of this exemption. See § 119.011(3)(c)2., Fla. Stat. (2017). The trial court also…prevent, or monitor possible criminal activity.” § 119.011(3)(a), Fla. Stat. (2017). “Criminal investigative…or informants, or any type of surveillance.” § 119.011(3)(b), Fla. Stat. (2017). While information secured…person arrested or of the victim of a crime[.j” § 119.011(3)(e)2., Fla. Stat. Thus, the statute, as plainly

& SC16-481 Harrel Franklin Braddy v. State of Florida and Harrel Franklin Braddy v. Julie L. Jones, etc.

Court: Fla. | Date Filed: 2017-06-15T00:00:00-07:00

Citation: 219 So. 3d 803

Snippet: that a public record, for purposes of section 119.011(1), is any material prepared in connection

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: Fla. Dist. Ct. App. | Date Filed: 2017-05-09T00:00:00-07:00

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

Snippet: entity “acting on behalf of any public agency.” § 119.011(2), Fla. Stat. (2015). “This broad definition [