SOURCE: The 2009 Florida Statutes
Title X: PUBLIC OFFICERS, EMPLOYEES, AND RECORDS
Chapter 119: PUBLIC RECORDS
119.07 Inspection and copying of records; photographing public records;
fees; exemptions.--
(1)(a) Every person who has custody of a public record shall permit the record
to be inspected and copied by any person desiring to do so, at any reasonable
time, under reasonable conditions, and under supervision by the custodian of
the public records.
(b) A custodian of public records or a person having custody of public records
may designate another officer or employee of the agency to permit the
inspection and copying of public records, but must disclose the identity of the
designee to the person requesting to inspect or copy public records.
(c) A custodian of public records and his or her designee must acknowledge
requests to inspect or copy records promptly and respond to such requests in
good faith. A good faith response includes making reasonable efforts to
determine from other officers or employees within the agency whether such a
record exists and, if so, the location at which the record can be accessed.
(d) A person who has custody of a public record who asserts that an exemption
applies to a part of such record shall redact that portion of the record to
which an exemption has been asserted and validly applies, and such person shall
produce the remainder of such record for inspection and copying.
(e) If the person who has custody of a public record contends that all or part
of the record is exempt from inspection and copying, he or she shall state the
basis of the exemption that he or she contends is applicable to the record,
including the statutory citation to an exemption created or afforded by statute.
(f) If requested by the person seeking to inspect or copy the record, the
custodian of public records shall state in writing and with particularity the
reasons for the conclusion that the record is exempt or confidential.
(g) In any civil action in which an exemption to this section is asserted, if
the exemption is alleged to exist under or by virtue of s. 119.071(1)(d) or
(f), (2)(d),(e), or (f), or (4)(c), the public record or part thereof in
question shall be submitted to the court for an inspection in camera. If an
exemption is alleged to exist under or by virtue of s. 119.071(2)(c), an
inspection in camera is discretionary with the court. If the court finds that
the asserted exemption is not applicable, it shall order the public record or
part thereof in question to be immediately produced for inspection or copying
as requested by the person seeking such access.
(h) Even if an assertion is made by the custodian of public records that a
requested record is not a public record subject to public inspection or copying
under this subsection, the requested record shall, nevertheless, not be
disposed of for a period of 30 days after the date on which a written request
to inspect or copy the record was served on or otherwise made to the custodian
of public records by the person seeking access to the record. If a civil action
is instituted within the 30-day period to enforce the provisions of this
section with respect to the requested record, the custodian of public records
may not dispose of the record except by order of a court of competent
jurisdiction after notice to all affected parties.
(i) The absence of a civil action instituted for the purpose stated in
paragraph (g) does not relieve the custodian of public records of the duty to
maintain the record as a public record if the record is in fact a public record
subject to public inspection and copying under this subsection and does not
otherwise excuse or exonerate the custodian of public records from any
unauthorized or unlawful disposition of such record.
(2)(a) As an additional means of inspecting or copying public records, a
custodian of public records may provide access to public records by remote
electronic means, provided exempt or confidential information is not disclosed.
(b) The custodian of public records
shall provide safeguards to protect the contents of public records from
unauthorized remote electronic access or alteration and to prevent the
disclosure or modification of those portions of public records which are exempt
or confidential from subsection (1) or s. 24, Art. I of the State Constitution.
(c) Unless otherwise required by law, the custodian of public records may
charge a fee for remote electronic access, granted under a contractual
arrangement with a user, which fee may include the direct and indirect costs of
providing such access. Fees for remote electronic access provided to the
general public shall be in accordance with the provisions of this section.
(3)(a) Any person shall have the right of access to public records for the
purpose of making photographs of the record while such record is in the
possession, custody, and control of the custodian of public records.
(b) This subsection applies to the making of photographs in the conventional
sense by use of a camera device to capture images of public records but
excludes the duplication of microfilm in the possession of the clerk of the
circuit court where a copy of the microfilm may be made available by the clerk.
(c) Photographing public records shall be done under the supervision of the
custodian of public records, who may adopt and enforce reasonable rules
governing the photographing of such records.
(d) Photographing of public records shall be done in the room where the public
records are kept. If, in the judgment of the custodian of public records, this
is impossible or impracticable, photographing shall be done in another room or
place, as nearly adjacent as possible to the room where the public records are
kept, to be determined by the custodian of public records. Where provision of
another room or place for photographing is required, the expense of providing
the same shall be paid by the person desiring to photograph the public record
pursuant to paragraph (4)(e).
(4) The custodian of public records shall furnish a copy or a certified copy
of the record upon payment of the fee prescribed by law. If a fee is not
prescribed by law, the following fees are authorized:
(a)1. Up to 15 cents per one-sided copy for duplicated copies of not more than
14 inches by 81/2 inches;
2. No more than an additional 5 cents for each two-sided copy; and
3. For all other copies, the actual cost of duplication of the public record.
(b) The charge for copies of county maps or aerial photographs supplied by
county constitutional officers may also include a reasonable charge for the
labor and overhead associated with their duplication.
(c) An agency may charge up to $1 per copy for a certified copy of a public
record.
(d) If the nature or volume of public records requested to be inspected or
copied pursuant to this subsection is such as to require extensive use of
information technology resources or extensive clerical or supervisory
assistance by personnel of the agency involved, or both, the agency may charge,
in addition to the actual cost of duplication, a special service charge, which
shall be reasonable and shall be based on the cost incurred for such extensive
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)1. Where provision of another room or place is necessary to photograph
public records, the expense of providing the same shall be paid by the person
desiring to photograph the public records.
2. The custodian of public records may charge the person making the
photographs for supervision services at a rate of compensation to be agreed
upon by the person desiring to make the photographs and the custodian of public
records. If they fail to agree as to the appropriate charge, the charge shall
be determined by the custodian of public records.
(5) When ballots are produced under this section for inspection or
examination, no persons other than the supervisor of elections or the
supervisor's employees shall touch the ballots. If the ballots are being
examined before the end of the contest period in s. 102.168, the supervisor of
elections shall make a reasonable effort to notify all candidates by telephone
or otherwise of the time and place of the inspection or examination. All such
candidates, or their representatives, shall be allowed to be present during the
inspection or examination.
(6) An exemption contained in this chapter or in any other general or special
law shall not limit the access of the Auditor General, the Office of Program
Policy Analysis and Government Accountability, or any state, county, municipal,
university, board of community college, school district, or special district
internal auditor to public records when such person states in writing that such
records are needed for a properly authorized audit, examination, or
investigation. Such person shall maintain the exempt or confidential status of
that public record and shall be subject to the same penalties as the custodian
of that record for public disclosure of such record.
(7) An exemption from this section does not imply an exemption from s.
286.011. The exemption from s. 286.011 must be expressly provided.
(8) The provisions of this section are not intended to expand or limit the
provisions of Rule 3.220, Florida Rules of Criminal Procedure, regarding the
right and extent of discovery by the state or by a defendant in a criminal
prosecution or in collateral postconviction proceedings. This section may not
be used by any inmate as the basis for failing to timely litigate any
postconviction action.
History.--s. 7, ch. 67-125; s. 4, ch. 75-225; s. 2, ch. 77-60; s. 2, ch.
77-75; s. 2, ch. 77-94; s. 2, ch. 77-156; s. 2, ch. 78-81; ss. 2, 4, 6, ch.
79-187; s. 2, ch. 80-273; s. 1, ch. 81-245; s. 1, ch. 82-95; s. 36, ch. 82-243;
s. 6, ch. 83-215; s. 2, ch. 83-269; s. 1, ch. 83-286; s. 5, ch. 84-298; s. 1,
ch. 85-18; s. 1, ch. 85-45; s. 1, ch. 85-73; s. 1, ch. 85-86; s. 7, ch. 85-152;
s. 1, ch. 85-177; s. 4, ch. 85-301; s. 2, ch. 86-11; s. 1, ch. 86-21; s. 1, ch.
86-109; s. 2, ch. 87-399; s. 2, ch. 88-188; s. 1, ch. 88-384; s. 1, ch. 89-29;
s. 7, ch. 89-55; s. 1, ch. 89-80; s. 1, ch. 89-275; s. 2, ch. 89-283; s. 2, ch.
89-350; s. 1, ch. 89-531; s. 1, ch. 90-43; s. 63, ch. 90-136; s. 2, ch. 90-196;
s. 4, ch. 90-211; s. 24, ch. 90-306; ss. 22, 26, ch. 90-344; s. 116, ch.
90-360; s. 78, ch. 91-45; s. 11, ch. 91-57; s. 1, ch. 91-71; s. 1, ch. 91-96;
s. 1, ch. 91-130; s. 1, ch. 91-149; s. 1, ch. 91-219; s. 1, ch. 91-288; ss. 43,
45, ch. 92-58; s. 90, ch. 92-152; s. 59, ch. 92-289; s. 217, ch. 92-303; s. 1,
ch. 93-87; s. 2, ch. 93-232; s. 3, ch. 93-404; s. 4, ch. 93-405; s. 4, ch.
94-73; s. 1, ch. 94-128; s. 3, ch. 94-130; s. 67, ch. 94-164; s. 1, ch. 94-176;
s. 1419, ch. 95-147; ss. 1, 3, ch. 95-170; s. 4, ch. 95-207; s. 1, ch. 95-320;
ss. 1, 2, 3, 5, 6, 7, 8, 9, 11, 12, 14, 15, 16, 18, 19, 20, 22, 23, 24, 25, 26,
29, 30, 31, 32, 33, 34, 35, 36, ch. 95-398; s. 1, ch. 95-399; s. 121, ch.
95-418; s. 3, ch. 96-178; s. 1, ch. 96-230; s. 5, ch. 96-268; s. 4, ch. 96-290;
s. 41, ch. 96-406; s. 18, ch. 96-410; s. 1, ch. 97-185; s. 1, ch. 98-9; s. 7,
ch. 98-137; s. 1, ch. 98-255; s. 1, ch. 98-259; s. 128, ch. 98-403; s. 2, ch.
99-201; s. 27, ch. 2000-164; s. 54, ch. 2000-349; s. 1, ch. 2001-87; s. 1, ch.
2001-108; s. 1, ch. 2001-249; s. 29, ch. 2001-261; s. 33, ch. 2001-266; s. 1,
ch. 2001-364; s. 1, ch. 2002-67; ss. 1, 3, ch. 2002-257; s. 2, ch. 2002-391; s.
11, ch. 2003-1; s. 1, ch. 2003-100; ss. 1, 2, ch. 2003-110; s. 1, ch. 2003-137;
ss. 1, 2, ch. 2003-157; ss. 1, 2, ch. 204-9; ss. 1, 2, ch. 2004-32; ss. 1, 2,
ch. 2004-62; ss. 1, 3, ch. 2004-95; s. 7, ch. 2004-335; ss. 2, 3, 4, 5, 6, 7,
8, 9, 11, 12, 13, 14, 15, 16, 17, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29,
30, 31, 32, 33, 34, 35, 36, 38, ch. 2005-251; s. 74, ch. 2005-277; s. 1, ch.
2007-39; ss. 2, 4, ch. 2007-251.
PENALTIES:
SOURCE: The 2009 Florida Statutes
Title X: PUBLIC OFFICERS, EMPLOYEES, AND RECORDS
Chapter 119: PUBLIC RECORDS
119.10 Violation of chapter; penalties.--
(1) Any public officer who:
(a) Violates any provision of this chapter commits a noncriminal infraction,
punishable by fine not exceeding $500.
(b) Knowingly violates the provisions
of s. 119.07(1) is subject to suspension and removal or
impeachment and, in addition, commits a misdemeanor of the first degree,
punishable as provided in s. 775.082 or s. 775.083.
(2) Any person who willfully and
knowingly violates:
(a) Any of the provisions of this
chapter commits a misdemeanor of the first degree, punishable as provided in s.
775.082 or s. 775.083.
(b) Section 119.105 commits a felony of the third
degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
History.--s. 10, ch. 67-125; s. 74, ch. 71-136; s. 5, ch. 85-301; s. 2, ch. 2001-271; s. 11, ch. 2004-335.
PROTECTION OF VICTIMS OF CRIMES OR ACCIDENTS
SOURCE: The 2009 Florida Statutes
Title X: PUBLIC OFFICERS, EMPLOYEES, AND RECORDS
Chapter 119: PUBLIC RECORDS View Entire Chapter
119.105 Protection of victims of crimes or accidents.--
Police reports are public records except as otherwise made exempt or
confidential. Every person is allowed to examine nonexempt or nonconfidential
police reports. A person who comes into possession of exempt or confidential
information contained in police reports may not use that information for any
commercial solicitation of the victims or relatives of the victims of the
reported crimes or accidents and may not knowingly disclose such information to
any third party for the purpose of such solicitation during the period of time
that information remains exempt or confidential. This section does not prohibit
the publication of such information to the general public by any news media
legally entitled to possess that information or the use of such information for
any other data collection or analysis purposes by those entitled to possess
that information.
History.--s. 1, ch. 90-280; s. 2, ch. 2003-411; s. 12, ch. 2004-335.
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