Florida Statutes

Fla. Stat. § 119.011 (2025)

Definitions.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 191 cases (10 in the last 5 years), 1974–2026 · leading case: Shevin v. Byron, Harless, Schaffer, Reid & Assocs., Inc., 379 So. 2d 633 (Fla. 1980).

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Shevin v. Byron, Harless, Schaffer, Reid & Assocs., Inc., 379 So. 2d 633 (Fla. 1980). · cites it 15× “Having jurisdiction, we also consider that part of the district court's decision which construed section 119.011(1), Florida Statutes (1975).”

State v. City of Clearwater, 863 So. 2d 149 (Fla. 2003). · cites it 14× “§ 119.011(1), Fla. Stat. (2002) (emphasis supplied).”

Wood v. Marston, 442 So. 2d 934 (Fla. 1983). · cites it 6× “" § 119.011(1), Fla. Stat. (1981). Institutions of higher education are not specifically identified in the definition of agency.”

Nat'l Collegiate Athletic Ass'n v. Associated Press, 18 So. 3d 1201 (Fla. 1st DCA 2009). · cites it 7× “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 transmission, made or received…”

Tribune Co. v. Pub. Records, 493 So. 2d 480 (Fla. 2d DCA 1986). · cites it 6× “§§ 119.011(3)(c)5, and 119.07(3)(h), Fla.”

State v. Beaver Dam Area Dev. Corp., 2008 WI 90 (Wis. 2008). · cites it 6× “*157 Fla. Stat. Ann. § 119.011 (2) (West 1989) (emphasis added).”

Byron, Harless, Schaffer, Reid & Assoc., Inc. v. State Ex Rel. Schellenberg, 360 So. 2d 83 (Fla. 1st DCA 1978). · cites it 9× “In so disagreeing I am not unaware of the broad language employed by the legislature in F.S. 119.011(1). However, legislative intent is a legitimate concern of courts in applying the literal words of a statute.”

Amendments to Florida Rules of Crim. Procedure 3.851, 3.852 & 3.993, 772 So. 2d 488 (Fla. 2000). · cites it 6× “(1) “Public records” has the meaning set forth in section 119.011(1), Florida Statutes (1997).”

Christy v. Palm Beach Cty. Sheriff's Off., 698 So. 2d 1365 (Fla. 4th DCA 1997). · cites it 7× “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,…”

News & Sun-Sentinel Co. v. Schwab, Twitty & Hanser Architectural Grp., Inc., 596 So. 2d 1029 (Fla. 1992). · cites it 5× “" That definition limits public information to those materials which constitute records that is, materials that have been prepared with the intent of perpetuating or formalizing knowledge.”

Fla. Freedom Newspapers Inc. v. Dempsey, 478 So. 2d 1128 (Fla. 1st DCA 1985). · cites it 9× “Section 119.011(3)(b) reads: "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…”

Bludworth v. Palm Beach Newspapers, Inc., 476 So. 2d 775 (Fla. 4th DCA 1985). · cites it 5× “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.”

Show all 191 citing cases →

— 119.011(1) — 64 cases

Shevin v. Byron, Harless, Schaffer, Reid & Assocs., Inc., 379 So. 2d 633 (Fla. 1980). “Having jurisdiction, we also consider that part of the district court's decision which construed section 119.011(1), Florida Statutes (1975).”

State v. City of Clearwater, 863 So. 2d 149 (Fla. 2003). “§ 119.011(1), Fla. Stat. (2002) (emphasis supplied).”

Pietri v. State, 885 So. 2d 245 (Fla. 2004).

Byron, Harless, Schaffer, Reid & Assoc., Inc. v. State Ex Rel. Schellenberg, 360 So. 2d 83 (Fla. 1st DCA 1978). “In so disagreeing I am not unaware of the broad language employed by the legislature in F.S. 119.011(1). However, legislative intent is a legitimate concern of courts in applying the literal words of a statute.”

Williams v. City of Minneola, 575 So. 2d 683 (Fla. 5th DCA 1991).

— 119.011(11) — 6 cases

Poole v. City of Port Orange, 33 So. 3d 739 (Fla. 5th DCA 2010).

Grapski v. City of Alachua, 31 So. 3d 193 (Fla. 1st DCA 2010).

Miami Herald Media Co. v. Sarnoff, 971 So. 2d 915 (Fla. 3d DCA 2007).

Miami Beach v. Pub. Employees Relations, 937 So. 2d 226 (Fla. 3d DCA 2006).

Miami-dade Cnty. v. Prof. Law Enf't, 997 So. 2d 1289 (Fla. 3d DCA 2009).

— 119.011(12) — 16 cases

Nat'l Collegiate Athletic Ass'n v. Associated Press, 18 So. 3d 1201 (Fla. 1st DCA 2009). “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 transmission, made or received…”

Bent v. State, 46 So. 3d 1047 (Fla. 4th DCA 2010).

Herbits v. City of Miami, 207 So. 3d 274 (Fla. 3d DCA 2016).

Martin E. O'boyle & Asset Enhancement, Inc. v. Town of Gulf Stream, 257 So. 3d 1036 (Fla. 4th DCA 2018).

Butler v. City of Hallandale Beach, 68 So. 3d 278 (Fla. 4th DCA 2011).

— 119.011(13) — 1 case

Ingram v. State, 164 So. 3d 676 (Fla. 5th DCA 2014).

— 119.011(2) — 63 cases

Wood v. Marston, 442 So. 2d 934 (Fla. 1983). “" § 119.011(1), Fla. Stat. (1981). Institutions of higher education are not specifically identified in the definition of agency.”

Locke v. Hawkes, 595 So. 2d 32 (Fla. 1992).

Sarasota Herald-Tribune Co. v. COM. HLT. CORP., INC., 582 So. 2d 730 (Fla. 2d DCA 1991).

State v. City of Clearwater, 863 So. 2d 149 (Fla. 2003). “§ 119.011(1), Fla. Stat. (2002) (emphasis supplied).”

— 119.011(3) — 3 cases

Shaktman v. State, 553 So. 2d 148 (Fla. 1989).

Sarasota Herald-Tribune v. State, 924 So. 2d 8 (Fla. 2d DCA 2005).

State ex rel. Harte-Hanks v. Austin, 2 Fla. Supp. 2d 160 (Fla. Cir. Ct. 1983).

— 119.011(3)(5) — 1 case

City of Miami v. Post-Newsweek Stations Florida, Inc., 837 So. 2d 1002 (Fla. 3d DCA 2002).

— 119.011(3)(a) — 9 cases

Satz v. Blankenship, 407 So. 2d 396 (Fla. 4th DCA 1981).

Downs v. Austin, 522 So. 2d 931 (Fla. 1st DCA 1988).

Palm Beach Cnty. Sheriff's Off. & Ric L. Bradshaw v. Sun-sentinel Co., LLC, 226 So. 3d 969 (Fla. 4th DCA 2017).

Christy v. Palm Beach Cty. Sheriff's Off., 698 So. 2d 1365 (Fla. 4th DCA 1997). “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,…”

Lorei v. Smith, 464 So. 2d 1330 (Fla. 2d DCA 1985).

— 119.011(3)(b) — 13 cases

State Attorney's Off. of the Seventeenth Jud. Circuit v. Cable News Network, Inc., 251 So. 3d 205 (Fla. 4th DCA 2018).

Shaktman v. State, 529 So. 2d 711 (Fla. 3d DCA 1988).

Palm Beach Cnty. Sheriff's Off. & Ric L. Bradshaw v. Sun-sentinel Co., LLC, 226 So. 3d 969 (Fla. 4th DCA 2017).

Woolling v. Lámar, 764 So. 2d 765 (Fla. 5th DCA 2000).

Downs v. Austin, 522 So. 2d 931 (Fla. 1st DCA 1988).

— 119.011(3)(c) — 19 cases

Bludworth v. Palm Beach Newspapers, Inc., 476 So. 2d 775 (Fla. 4th DCA 1985). “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.”

Fla. Freedom Newspapers Inc. v. Dempsey, 478 So. 2d 1128 (Fla. 1st DCA 1985). “Section 119.011(3)(b) reads: "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…”

Henderson v. State, 745 So. 2d 319 (Fla. 1999).

State v. Buenoano, 707 So. 2d 714 (Fla. 1998).

Lorei v. Smith, 464 So. 2d 1330 (Fla. 2d DCA 1985).

— 119.011(3)(c)(5) — 11 cases

Satz v. Blankenship, 407 So. 2d 396 (Fla. 4th DCA 1981).

Post-Newsweek Stations v. Doe, 612 So. 2d 549 (Fla. 1992).

Palm Beach Newspapers, Inc. v. Burk, 504 So. 2d 378 (Fla. 1987).

Henderson v. State, 745 So. 2d 319 (Fla. 1999).

City of Miami v. Metro. Dade Cnty., 745 F. Supp. 683 (S.D. Fla. 1990).

— 119.011(3)(c)(5)(a) — 2 cases

Post-Newsweek Stations v. Doe, 612 So. 2d 549 (Fla. 1992).

Times Pub. Co. v. State, 903 So. 2d 322 (Fla. 2d DCA 2005).

— 119.011(3)(d) — 15 cases

Tribune Co. v. Pub. Records, 493 So. 2d 480 (Fla. 2d DCA 1986). “§§ 119.011(3)(c)5, and 119.07(3)(h), Fla.”

Bd. of Trs., Jacksonville Police & Fire Pension Fund, etc. v. Curtis W. Lee, 189 So. 3d 120 (Fla. 2016).

Downs v. Austin, 522 So. 2d 931 (Fla. 1st DCA 1988).

State v. Kokal, 562 So. 2d 324 (Fla. 1990).

— 119.011(3)(d)(2) — 6 cases

Allen v. Butterworth, 756 So. 2d 52 (Fla. 2000).

Amendments to Florida Rules of Crim. Procedure 3.851, 3.852 & 3.993, 772 So. 2d 488 (Fla. 2000). “(1) “Public records” has the meaning set forth in section 119.011(1), Florida Statutes (1997).”

State v. Kokal, 562 So. 2d 324 (Fla. 1990).

Staton v. McMillan, 597 So. 2d 940 (Fla. 1st DCA 1992).

Wells v. Sarasota Herald Tribune Co., 546 So. 2d 1105 (Fla. 2d DCA 1989).

— 119.011(3)(e) — 3 cases

Palm Beach Cnty. Sheriff's Off. & Ric L. Bradshaw v. Sun-sentinel Co., LLC, 226 So. 3d 969 (Fla. 4th DCA 2017).

Rameses, Inc. v. Demings, 29 So. 3d 418 (Fla. 5th DCA 2010).

Henderson v. State, 708 So. 2d 642 (Fla. 1st DCA 1998).

— 119.011(4) — 3 cases

Shaktman v. State, 553 So. 2d 148 (Fla. 1989).

Woolling v. Lámar, 764 So. 2d 765 (Fla. 5th DCA 2000).

Shaktman v. State, 529 So. 2d 711 (Fla. 3d DCA 1988).

— 119.011(4)(a) — 1 case

Sarasota Herald-Tribune v. State, 924 So. 2d 8 (Fla. 2d DCA 2005).

— 119.011(5) — 1 case

Consum. Rights, LLC v. Union Cnty., 159 So. 3d 882 (Fla. 1st DCA 2015).

— 119.011(8) — 3 cases

State Attorney's Off. of the Seventeenth Jud. Circuit v. Cable News Network, Inc., 251 So. 3d 205 (Fla. 4th DCA 2018).

G.G. v. Florida Dep't of Law Enf't, 97 So. 3d 268 (Fla. 1st DCA 2012).

State Attorney's Off. of the 17th Jud. Circuit v. Cable News Network, Inc. (Fla. 4th DCA 2018).

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