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Freedom of information legislation – Open Records in Florida

The Florida Public Records Law states,

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.

— Fla. Stat. sec. 119.01(1) (1995)

The statute expansively defines “public record” to include all

documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of 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.

— Fla. Stat. sec. 119.011(1) (1995)

With equal breadth, the law defines “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 . . . and any other public or private agency, partnership, corporation, or business entity acting on behalf of any public agency.

— Fla. Stat. sec. 119.001(2) (1995).

A “public record” of an agency is subject to a broad legislated public right of inspection:

[e]very person who has custody of a public record shall permit the record to be inspected and examined by any person desiring to do so, at any reasonable time, under reasonable conditions, and under supervision by the custodian of the public record or the custodian’s designee. The custodian shall furnish a copy or a certified copy of the record upon payment of the fee prescribed by law. . . .

— Section 119.07(1)(a)

Furthermore, Sunshine Review notes that,

Going back to 1905, before the law was formalized, Florida courts have held that it is not up to the government to determine the use to which a person might put public documents once copies are received. [State ex rel. Davis v. McMillan]

A good resource for documents is https://www.muckrock.com/

Freedom of information legislation – Open Records in Florida

Category: Information
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