Florida/Georgia Personal Injury & Workers Compensation

...his discharge; and that Bux-ton was not given a post-stigmatization opportunity to clear his name. 10 The basis of the district court’s grant of summary judgment is that the mere availability of Buxton’s internal affairs report under Fla.Stat. §§ 119.01 (1987) et seq., which detailed the circumstances leading to his discharge, did not satisfy the publication (made public) requirement under the due process analysis....

...In its simplest form, they argue that Buxton failed to prove any publication of the events surrounding his discharge. Plant City and Chief Surrency argue that the internal affairs report at issue in this case is a public record under Florida Statute § 119.01 (1987)....

...at 2706 . Bolling v. Sharpe, 347 U.S. at 499-500 , 74 S.Ct. at 694-695 . Because of the stigmatizing material in Buxton’s personnel file and the internal affairs report of the English incident, both a part of the public records pursuant to Fla.Stat. §§ 119.01 and 119.07, Buxton has been foreclosed from several employment opportunities....

...ereafter to inspection pursuant to chapter 119. If the investigation ceases to be active without a finding relating to probable cause, the complaint and all such information shall be opened thereafter to inspection pursuant to chapter 119. Fla.Stat. § 119.01 (1987) (substantively the same as Fla.Stat. § 119.01 (1983), in effect at the time of Buxton’s signed release) provides, in pertinent part: 119.01....

...lower court's order. [2] Turning now to the second issue, we will consider the arguments made by New Smyrna in support of its claimed right to maintain the confidentiality of its records. In enacting the Public Records Act, the legislature stated in section 119.01 that the statute's purpose was to open all state, county, and municipal records for personal inspection by any person....

...e of public records. The Public Records Act, chapter 119, Florida Statutes (1981), provides that "It is the public policy of this state that all state, county and municipal records shall at all times be open for a personal inspection by any person." Section 119.01(1)....

...See also Tribune Co., Inc. v. Public Records, supra. Petitioner's remaining arguments are without merit, and therefore the petition for writ of certiorari is denied. PETITION DENIED. UPCHURCH, C.J., and SHARP, J., concur. NOTES [1] Florida Statute 119.01 et seq....

...The state attorney was one of the named defendants. On the same day the trial court issued a rule to show cause, returnable later that day, pursuant to section 119.11, Florida Statutes (1983). 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....

...This order is the basis of the second appeal in this consolidated case. As to other documents whose release plaintiffs sought, the trial court found those still qualified as active criminal investigative information which the defense had not yet received. The issue is whether section 119.011(3)(c)5, Florida Statutes (1983), which excludes from the definitions of "criminal intelligence information" and "criminal investigation information" "[d]ocuments given or required by law or agency rule to be given to a person arrested...

....220, thus receding from Blankenship. We conclude that it should not. I The state attorney's first argument which we wish to discuss is that this court failed to focus on the distinction in meaning between the expression "person arrested" as used in section 119.011(3)(c)5 and the term "defendant" as that term figures in the application of rule 3.220; that, as a result, Blankenship was wrongly decided; and that, accordingly, the trial court in the present case, and this court in its order denying...

...*779 In Blankenship, the items to which a reporter sought to have access were tape recordings obtained by the state attorney and, upon a demand for discovery, already shared with the criminal defendant. This court ruled that the tape recordings were documents within the meaning of section 119.011(3)(c)5, and held that once access had been given the criminal defendant the legislature did not intend that they be withheld from others....

...at anything disclosed to the defendant ceases to be secret from the public when the public records statute says criminal investigative or intelligence information directly related to a pending criminal trial or appeal is "active" unless time-barred, section 119.011(3)(d), and that active criminal investigative or intelligence information is exempt from disclosure under the statute, section 119.07(2)(d), we suggest that information communicated to a person arrested is by statute excluded from the...

...A further, though not wholly independent, reason to support the trial court's conclusions in the orders here under appeal, lies in the fact that the Public Records Law first states all-inclusively that state, county and municipal records shall at all times be open for personal inspection by anyone. § 119.01....

...Forsberg and Freeman appealed *374 the dismissal prior to the 1980 jurisdictional amendment, and we have jurisdiction pursuant to article V, section 3(b)(1), Florida Constitution (1972). We agree with the circuit court. Florida's stated policy is that public records are open for personal inspection. § 119.01. The housing authority is an agency whose records are public. § 119.011....

...c knowledge about files showing their income, assets, bank accounts, medical histories, and other matters of a personal nature. In Count I of the complaint, appellants claim that the policy of releasing tenant files to the general public pursuant to section 119.01, Florida Statutes (1977), violates the right of privacy implicit in article I, section 2, of the Florida Constitution; Count II claims a violation of the first, fourth, fourteenth amendments of the United States Constitution inasmuch a...

...ection 286.011, Florida Statutes (1983), and Public Records Act, chapter 119, Florida Statutes (1983). "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." § 119.01, Fla....

...inal intelligence purposes. The general purpose of the Florida Public Records Act is to open public records so that Florida's citizens can discover the actions of their government. Browning v. Walton, 351 So.2d 380, 381 (Fla. 4th DCA 1977). Further, Section 119.01(1), Florida Statutes (1993), expressly provides that "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." Given this underlying policy, the A...

...tive criminal investigation remains of significant concern. Thus, the Legislature has provided exceptions to the general Public Records Act for "active criminal intelligence information" and "active criminal investigative information," as defined in section 119.011, Florida Statutes (1993)....

...Therefore, whether in the possession of West Palm Beach or Riviera Beach, the requested information enjoys exempted status. Finally, we affirm the trial court's ruling that the City of Riviera Beach must comply with the disclosure requirements of sections 119.07(2) and 119.011(3)(c) by making partial disclosure of certain non-exempt information contained in the records including, inter alia, the date, time and location of the incident....

...(1979). However, there is no doubt but that Tober, as Director of the Agency, is the officer "charged by law with the responsibility of maintaining the office" and is consequently the custodian of the subject records. § 119.021, Fla. Stat. (1979). Section 119.01, Florida Statutes (1979), expresses this state's policy that such records "shall at all times be open for a personal inspection by any person." To permit an agency head to avoid his responsibility simply by transferring documents to an...

...ient. See Briggs v. Salcines, 392 So.2d 263 (Fla. 2d DCA 1980), pet. for review denied, 397 So.2d 799 (Fla.), cert. denied, 454 U.S. 815, 102 S.Ct. 92, 70 L.Ed.2d 84 (1981). It is conceded that the subject reports were "public records" as defined by Section 119.011(1), Florida Statutes (1979), and therefore subject to disclosure, while in the hands of the "client" Agency....

...The general purpose of the Public Records Act (Chapter 119, Florida Statutes (1995)), is to open public records to allow Florida's citizens to discover the actions of their government. City of Riviera Beach v. Barfield, 642 So.2d 1135, 1136 (Fla. 4th DCA 1994), rev. denied, 651 So.2d 1192 (Fla.1995). Section 119.01(1), Florida Statutes (1995), expressly provides that "[i]t is the policy of this state that all state, county, and municipal records shall be open for personal inspection by any person." Given this policy, "the [Public Records] Act is...

...criminal investigation. Id. Thus, it has created exemptions from disclosure under the act for "active criminal intelligence information" and "active criminal investigative information" in Section 119.07(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, prevent, or monitor possible criminal activity....

...ion 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. § 119.011(3)(a)-(b), (d)....

...iminals with access to drug intelligence that could hinder future crime detection, it did not meet its burden of proving the same. There is nothing in the record to suggest that the information contained in the file is "active" within the meaning of section 119.011(3)(d)1, which requires that the information be of the type that will lead to the "detection of ongoing or reasonably anticipated criminal activities." (Emphasis added)....

...rmation would lead to the detection of ongoing or reasonably anticipated criminal activities. In addition, the PBCSO did not establish that the criminal intelligence information was directly related to a pending prosecution or appeal, as required by section 119.011(3)(d)....

...certain files pertaining to the prosecution of the defendant seeking post-conviction relief were exempt from public disclosure under the active criminal investigative information exemption. It held that the term "pending prosecutions or appeals" in section 119.011(3)(d) applied only to ongoing prosecutions or appeals from convictions and sentences which have not become final. Id. at 326; see also Provenzano v. Dugger, 561 So.2d 541, 546 (Fla.1990). As it is undisputed that appellant's criminal conviction and sentence for the 1984 arrest were final, section 119.011(3)(d) did not provide an exemption....

...igation, and in the case of the child, the interest of that child's siblings, together with the privacy right of other persons identified in the reports against the public interest. The public *1282 interest in access to such records is reflected in s. 119.01(1),[ [3] ] and includes the need for citizens to know of and adequately evaluate the actions of the Department of Children and Family Services and the court system in providing vulnerable adults and children of this state with the protections enumerated in ss....

...[2] We have jurisdiction to review the decision of the district court under article V, section 3(b)(3) of the Florida Constitution. [3] "It is the policy of this state that all state, county, and municipal records shall be open for personal inspection by any person." § 119.01(1), Fla....

...Weinstein v. Bradford, 423 U.S. 147, 96 S.Ct. 347, 46 L.Ed.2d 350 (1975). We therefore conclude that the issues raised by petitioner are ripe for adjudication. ANALYSIS The sections of chapter 119 or portions thereof pertinent to the instant case provide: 119.01 General state policy on public records. — 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. 119.011 Definitions....

...Materials in the officers' personnel files prior to the incident investigated have no relation to that purpose. Cannella based his exemption claim on the rationale that by subpoenaing the personnel records, he "complied" them within the meaning of section 119.011(3)(c)....

...mption appears to apply. I believe that the legislature has made "express reference" to the subject at hand and has "distinctly stated" the applicable law. There are two provisions of the Public Records Act especially relevant to this matter. One is section 119.01, which provides for records to be open for inspection "at all times." The other is section 119.07(1)(a), providing for records to be inspected "at reasonable times." Those provisions expressly refer to the subject of the times for prod...

...ppellants' discretion. While this record indicates utter good faith on appellants' part in denying access to the records in question, their legal conclusions were wrong. Disclosure of public records is not a discretionary act; it is a mandatory act. Section 119.01, Florida Statutes (1981), declares the public policy of the state in unequivocal terms: "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."...

...ers, maps, books, tapes, photographs, films, sound recordings or other material, regardless of physical form or characteristics, made or received pursuant to law or ordinance or in connection with the transaction of official business by any agency." Section 119.011(1), Florida Statutes (1981)....

...were exempt from disclosure still constituted unlawful refusal under section 119.12. 517 So.2d at 744. "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." § 119.01(1), Fla....

...h care in Polk, Hardee and Highland counties"; and 3) although PHH was a private, non-profit corporation, PHH received public funds, used public property, and coordinated its actions with those of Tri-County Mental Health, Inc., a public agency. [3] Section 119.011(2), Florida Statutes (1987), defines an agency for purposes of chapter 119 as including "any state, county, district, authority, or municipal officer, department, division, board, bureau, commission, or other separate unit of governme...

...Public Records Act preventing public access to the lease documents, we note the touchstone of the Act: "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." § 119.01(1), Fla....

...ion 119.12, Florida Statutes. That section permits the imposition of attorney's fees and costs against an "agency" that unlawfully refuses to permit inspection of public records. The White Sox argue that it was not an agent of the City as defined in section 119.011(2), Florida Statutes....

...Furthermore, as previously noted, the White Sox contend the records in its possession were not public records. The Public Records Act recognizes the danger that exists if private entities are allowed to demand that they retain custody of documents as a condition of doing business with a governmental body. Thus in section 119.011(2), the legislature provides that a "private agency, person, partnership, corporation or business entity" may become an "agency" when "acting on behalf of any public body." The White Sox forcefully argue that it was a business adversary of the City and not its agent....

...his decision. It is so ordered. OVERTON, C.J., and ADKINS, ENGLAND, HATCHETT and ROBERTS (Retired), JJ., concur. BOYD and SUNDBERG, JJ., concur in result only. NOTES [1] Art. V, § 3(b)(3), Fla. Const. [2] 310 So.2d at 349. [3] 310 So.2d at 346. [4] Section 119.01, Fla. Stat. (1973), states that "All state, county, and municipal records shall at all times be open for a personal inspection of any citizen of Florida, and those in charge of such records shall not refuse this privilege to any citizen." [5] Section 119.011(1), Fla....

...ation or copying under section 119.07(1)(b), Florida Statutes (1985). First, chapter 119 establishes "[i]t 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." § 119.01(1). Second, section 119.011(3)(c)(5) specifically provides, with exceptions not pertinent here, that documents held by the prosecution which are given, or required by law to be given, to the accused will not be exempted from the definition of public records which are subject to examination by any person....

...[2] If, in fact, chapter 119's provisions were intended to encompass all unfiled depositions, serious separation of powers concerns would be raised. Satz v. Blankenship, 407 So.2d 396 (Fla. 4th DCA 1981), review denied, 413 So.2d 877 (Fla. 1982), recognized that, under section 119.011(3)(c)(5), once documents are required to be given to an arrested person, the disclosed documents become "public in a sense." 407 So.2d at 398....

...oduce the tapes in order to afford appellee the opportunity to listen to and copy them at his expense and granting appellant a stay, pending the present appeal. [2] Our inquiry focuses on whether tape recordings are "documents" within the meaning of section 119.011(3)(c)(5), Florida Statutes (1979)....

...nt must be given effect even though it may contradict the strict letter of the statute. Id. at 824. [4] First, in ascertaining the intent of the Legislature in this case, we look to the general policy behind the Public Records Act. As articulated in section 119.01, Florida Statutes (1979), Florida lawmakers desired an open policy with respect to state, county, and municipal records. [5] Second, we consider the purpose behind the enactment of the exemptions dealing with criminal intelligence and investigative information in light of the exclusion of certain types of documents from these two exemptions. As defined in section 119.011(3)(a), Florida Statutes (1979), criminal intelligence information refers to information relating to "an identifiable person or group of persons collected by a criminal justice agency in an effort to anticipate, prevent, or monitor pos...

...Boca Raton, 353 So.2d 1194 (Fla.4th DCA 1977), the rule that any exemption from the Public Records Act must originate in the legislature and not by judicial decision was adopted by the Supreme Court of Florida in Wait v. Florida Power & Light Co., 372 So.2d 420 (Fla. 1979). [5] Section 119.01 provides that "[i]t 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." The definition of "Public records" in section 119.011(1) includes tapes. [6] Section 119.011(3)(c)(5).

...News-Press Publishing Co., 310 So.2d 345 (Fla.2d DCA 1975); that is, whether non-statutory public policy considerations may restrict public access to governmental documents otherwise deemed "public records" under the Public Records Act, Fla. Stat. § 119.01 et seq....

...Although an alternative writ was issued, the trial court, at which the Attorney-General appeared as an amicus for Veale, dissolved the alternative writ and dismissed the proceeding in a final judgment which recognized the status of the document itself as a "public record" as defined in Fla. Stat. § 119.011(1) (1975) but which stated "......

...We think that the Legislature has told us — and prior decisions have said that it told us — that the document in question may not be shielded from disclosure. Our analysis begins, of course, with the terms of the statute itself. At all pertinent times, Fla. Stat., § 119.01 (1975) has provided that: "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....

...With regard to the second point, the House argues that the plain language of chapter 119, its statutory history, and all external indicia of legislative intent show that chapter 119 does not and was not intended to apply to the legislative branch of Florida government. In this argument, the House notes that section 119.011(2), Florida Statutes (1987), defines "agency" as follows: "Agency" means any state, county, district, authority, or municipal officer, department, division, board, bureau, commission, or other separate unit of government created or es...

...me category as records generated by executive branch agencies already under chapter 119 and legislation introduced in 1989 which would have expressly included the House of Representatives and the Senate within the definition of "agency" set forth in section 119.011(2), Florida Statutes....

...The amici, in response to the separation of powers argument, contend that principle is not applicable since the legislature may adopt a law applicable to its own members. As to the second issue, the amici in support of the respondents argue that we should give the policy statement in section 119.01(1), which states that "all state" records be open for public inspection, a broad enough interpretation to include the records of state officers, i.e., the members of the legislature as individuals. Furthermore, the amici contend that any state officer is within the definition of "agency," as it appears in section 119.011(2), and that the term necessarily includes a member of *36 the legislature whose records the press and public should have access to through the Public Records Law....

...legislative branch. Clearly, we have the power to determine whether chapter 119 is applicable to the legislature. Having determined that we have the authority, we answer the question of whether chapter 119 applies to the legislature by finding that section 119.011's definition of "agency" does not, by its terms, include the legislature or its members....

...1976) (emphasis added); see also Department of Professional Regulation, Const. Indus. Licensing Bd. v. Pariser, 483 So.2d 28 (Fla. 1st D.C.A. 1985); Douglas v. Michel, 410 So.2d 936 (Fla. 5th D.C.A. 1982), approved, 464 So.2d 545 (Fla. 1985). We find that the definition of agency in section 119.011, while not intended to apply to the legislature, was intended to apply to executive branch agencies and their officers and to local governmental entities and their officers; the definition applies particularly to those entities over w...

...With these principles in mind, we turn to the first issue in the case, whether *1207 the transcript and response are public records. We begin by observing that the public records law is not limited to paper documents but that it applies, as well, to documents that exist only in digital form. Section 119.01(2)(a) makes it clear that the public records law applies to documents maintained on a computer in the same way that it would apply to those kept in a file cabinet....

...on to conclude that the automation of public records "must not erode the right of access to those records." To determine whether a particular document qualifies as a public record the court must look first to the definition given in the law itself. 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 t...

...on of public business. The Florida Supreme Court provided additional guidance to the lower courts in Shevin v. Byron, Harless, Schaffer, Reid & Associates, Inc., 379 So.2d 633 (Fla. 1980). In that case, the court defined the term "record" as used in section 119.011(12) as "any material prepared in connection with official agency business which is intended to perpetuate, communicate, or formalize knowledge of some type." Shevin, 379 So.2d at 640....

...The purpose of the transcript was to perpetuate the information presented to the infractions committee, in the event the parties wished to appeal the sanction imposed by the committee. The response was designed to communicate information to the body that would hear the appeal within the NCAA. The term "received" in section 119.011(12) refers not only to a situation in which a public agent takes physical delivery of a document, but also to one in which a public agent examines a document residing on a remote computer....

...It is true, as the NCAA points out, that the documents at issue in Times Publishing were modified at the request of the City, but that is a distinction without a difference. A document that is used in the course of public business is a public record under the definition in section 119.011(12) if it was made by a public official or if was received by the official....

...ernment. The critical question in this line of cases is whether the private party is a " private agency, person, partnership, corporation or business entity acting on behalf of [a] public agency " that has therefore become an "agency," as defined in section 119.011(2) Florida Statutes....

...The transcript and response are public records because they were received by agents of the state and used in the course of the state's business. We need not apply the nine-factor test in Schwab to come to this conclusion. Nor is it necessary to decide whether the NCAA became a public "agency" in its own right under section 119.011(2) by stepping into the shoes of the University and assuming a public duty of the University....

...It has been held that the items mentioned in the argument under this point are public records and that an appellant may not claim error in the absence of a showing that he made a reasonable effort and was unable to procure the records. See Grays v. State, Fla. App. 1969, 217 So.2d 133. See also § 119.01, Fla....

...orney-at-law in preparation for a case. Dr. Sharp was not a public officer whose acts and findings came within the purview of public records and thereby subject to the statute governing public records. He was not an agency as that term is defined by § 119.011, Florida Statutes, and thus his records were not public records subject to disclosure under § 119.01, Florida Statutes. The recommendations and papers he delivered to the Duval County School Board under his contract became public record upon the Board's receipt of them. Section 119.01, Florida Statutes, provides as follows: "Public records open to examination by citizens. — All state, county and municipal records shall at all times be open for a personal inspection of any citizen of Florida, and those in charge of such records shall not refuse this privilege to any citizen." Section 119.011, Florida Statutes, states as follows: "Definitions....

...615, 634, containing a definition of a "public record." The defendant urges that since the clerk of the court is required by Fla. Stat. § 28.21 [1] to keep a progress docket and since the progress docket is a record open to public inspection under § 28.19 [2] and § 119.01, [3] there could be no unlawful invasion of privacy in publishing the entries in question even though they divulged information which the plaintiff protests was not to be publicly divulged....

...Unterberger, 577 So.2d 684 (Fla. 2d DCA 1991) and Dubose v. Shelnutt, 566 So.2d 921 (Fla. 5th DCA 1990). Although the Public Defender's Office is an agency which maintains public records which must be available for inspection under the florida Public Records Act, section 119.01, et seq., Fla....

...in connection with negotiations for the proposed acquisition of property for a landfill site. Appellant contended that the appraisal report consisted of a public record which must be opened for the personal inspection of any citizen of Florida under § 119.01, F.S.A....

...during the negotiations would be harmful to the County, but argued that this was irrelevant under the statute. We agree on both points. There can be no doubt that the written appraisal report falls within the scope of "public records" as defined in § 119.011(1), F.S.A....

...ORDS' PURSUANT TO BLUDWORTH V. PALM BEACH NEWSPAPERS, INC., 476 So.2d 775 (FLA. 4TH DCA 1985), REV. DENIED, 488 So.2d 67 (FLA. 1986)? 2. IN A CRIMINAL PROCEEDING CHARGING A DEFENDANT WITH PROSTITUTION, DOES THE TRIAL COURT ABUSE ITS DISCRETION UNDER SECTION 119.011(3)(c)5 OF THE PUBLIC RECORDS ACT IN DENYING CLOSURE OF DISCOVERY DOCUMENTS WHERE AN UNNAMED THIRD PARTY CLAIMS THAT RELEASE OF SUCH INFORMATION WOULD BE DEFAMATORY TO HIM AND WOULD INVADE HIS RIGHT OF PRIVACY BOTH UNDER THE ACT, ARTIC...

...disclosure requirements of the public records law, chapter 119, Florida Statutes (1989). Florida law clearly expresses that it is the policy of this state that all government records, with particular exemptions, shall be open for public inspection. § 119.01. Subsection 119.011(3)(c) provides an exemption for criminal investigative information developed for the prosecution of a criminal defendant. Pursuant to the statute, such information will not be accessible to the public until the information is given or required by law or agency rule to be given to the accused. § 119.011(3)(c)(5)....

...BARKETT, Chief Justice, concurring. I concur with the Court's holding that a full and proper in camera review should be sufficient to protect third parties against violations of their constitutional right to privacy and, to the extent that they fall within the scope of section 119.011(3)(c)(5)(a), Florida Statutes (1989), to enforce their statutory right against defamatory disclosures....

...pendency of adversarial proceedings, § 119.07(3)(n); and "all public records which are presently provided by law to be confidential or which are prohibited from being inspected by the public, whether by general or special law," § 119.07(3)(a). [6] Section 119.011(3)(c)(5), Florida Statutes (1989), provides an exemption from disclosure for documents that would "be defamatory to the good name of a victim or witness or would jeopardize the safety of such victim or witness."

...Cape Coral Medical Center, lessee from Cape Coral Health Authority, appeals from the entry of a final summary judgment which determined the Medical Center to be a public agency and, therefore, subject to section 286.011, Florida Statutes (1979), the Sunshine Law, and section 119.01, Florida Statutes (1979), the Public Records Law....

...cross-appeals from an order striking its request for attorney's fees. We have examined the Medical Center's appeal and find that we are not required to address here whether every nonprofit private lessee from a governmental, hospital authority lessor is required to disclose its records pursuant to section 119.01, Florida Statutes (1979), and/or section 286.011, Florida Statutes (1979)....

...[4] Although chapter 75-354, section 4(5), Laws of Florida, expressly refers to only section 286.011, Florida Statutes, the language of section 4(5) referring to "records, books, documents and papers" implies compliance by the Authority with the requirements of chapter 119. Also the Authority, by its definition, falls within section 119.011(2), Florida Statutes....

...Byron, Harless, Schaffer, Reid & Associates, Inc., 379 So.2d 633, 640 (Fla.1980), we pointed out: To give content to the public records law which is consistent with the most common understanding of the term "record," we hold that a public record, for purposes of section 119.011(1), is any material prepared in connection with official agency business which is intended to perpetuate, communicate, or formalize knowledge of some type....

...KOGAN, C.J., OVERTON, SHAW, HARDING, WELLS and ANSTEAD, JJ., and GRIMES, Senior Justice, concur. NOTES [1] Public records law in Florida is governed by chapter 119, Florida Statutes (1995). Generally, "all state, county, and municipal records shall be open for personal inspection by any person." § 119.01(1), Fla....

...n brought pursuant to the public records laws, Chapter 119, Florida Statutes. The Florida Legislature has decreed that "It is the policy of this state that all state, county and municipal records shall be open for personal inspection by any person." § 119.01(1), Fla....

...Tallahassee Democrat, Inc. v. Willis, 370 So.2d 867 (Fla. 1st DCA 1979) and Satz v. Blankenship, 407 So.2d 396 (Fla. 4th DCA 1981), pet. for rev. denied, 413 So.2d 877 (Fla. 1982). In Satz, this court construed the provisions of the Public Record Act, section 119.01, Florida Statutes (1979) to mandate public access to any discovery information possessed by the state once that information is disclosed to a criminal defendant: [O]nce the tape recordings were given to [the defendant] the information no longer carried with it the legitimacy of law enforcement secrecy....

...(1981), this is merely to ensure that the privileged communications of a public entity will not be admitted into evidence in judicial proceedings. [2] "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." § 119.01(1), Fla....

...Since UM and the City entered into this modification, UM officers have continued to be registered with the FDLE as "part-time" City officers. It is undisputed that both the 1969 contract and the 1977 modification are public records. See Fla. Stat. § 119.01(1)....

...rneys' fees." The statutory purpose is to encourage voluntary compliance with Florida's public records law, which gives effect to the state's policy "that all state, county, and municipal records shall be open for personal inspection by any person." § 119.01(1); see N.Y....

...f, or during, civil litigation; (6) work product prepared by an attorney retained by the bar in anticipation of, or during, civil litigation; and (c) Inspection of Copyrighted Material. Copyrighted work may be inspected but not reproduced. NOTES [1] Section 119.01, Florida Statutes (1991), expressly provides that "all state, county, and municipal records shall at all times be open for a personal inspection by any person."

...Chapter 119, Florida Statutes, known as the Public Records Act, implements this policy of open public records by providing that "[i]t is the policy of this state that all state, county and municipal records shall be open for personal inspection by any person." § 119.01(1), Fla....

...Doe, 612 So.2d 549, 551 (Fla.1992), the supreme court discussed the interplay between rule 3.220 and the public records law: Florida law clearly expresses that it is the policy of this state that all government records, with particular exemptions, shall be open for public inspection. § 119.01. Subsection 119.011(3)(c) provides an exemption for criminal investigative information developed for the prosecution of a criminal defendant. Pursuant to the statute, such information will not be accessible to the public until the information is given or required by law or agency rule to be given to the accused. § 119.011(3)(c)(5)....

...However, and perhaps, most significant to the issue presented here, the court went on to say, "we emphasize that the public does not have a universal right to all discovery materials." Id. at 553. This may be premised, in part, on *422 the definition of "criminal investigative information" found in section 119.011(3)(a) and (b), which specifically excludes "documents given or required by law......

...As a result, we conclude that the trial court was correct in ordering that the faces of the undercover officers be obscured prior to release of the surveillance recordings. AFFIRMED. PALMER and EVANDER, JJ., concur. NOTES [1] Videotape recordings fall within the ambit of chapter 119, Florida Statutes. See § 119.011(12), Fla....

...(2008) (listing limited class of "criminal intelligence information" and "criminal investigative information" that is confidential and is not subject to public records disclosure). However, this exemption does not apply to "documents given or required by law or agency rule to be given to the person arrested," section 119.011(3)(c)5., Florida Statutes (2008), or to information for which disclosure was previously required under the rules of discovery....

...ence information" or "active criminal investigative information," which are not the exemptions at issue. The material given to the defendant dancers was not "active" or "criminal intelligence information" or "criminal investigative information." See § 119.011(3)(c)5....

...imely mark the documents as confidential prior to the Department receiving a public records request." II. Inasmuch as it "is the policy of this state that all state, county, and municipal records shall be open for personal inspection by any person," § 119.01(1), Fla....

...Board's request for inspection without prejudice to renewal in proper form. The Court denied the Marion County School Board's claim to free access under Chapter 119, saying "[t]o this extent section 447.307(2) may actually operate as an exemption to section 119.01, as recognized in section 119.07(2)(a)." (emphasis added) [1] While the Court's language was tentative, its denial of relief under Chapter 119 was unequivocal....

public records is a duty of each agency.” Fla Stat. § 119.01(1). The Act provides that “[i]f a civil action

...The State filed a motion to dismiss both counts of Downs' complaint which the trial court granted. The trial court found that Count I of Downs' complaint failed to state a cause of action. As to Count II, the court found the information Downs sought via the Public Records Act was exempt from inspection under sections 119.011(3)(d), 119.07(3)(d), and 119.07(3)(j), Florida Statutes (1981)....

...es prevent us from passing on the correctness of the Board's proceedings. Our holding today concerns the trial court's error. We do not determine the correctness of the proceedings before the Board. The purpose of the Public Records Act is stated in section 119.01, Florida Statutes (1985), which provides, "[i]t 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." Promoting access to public records is the ov...

...would thwart the purposes of the exemption found in section 119.07(3)(j). Section 119.07(3)(j) only exempts "criminal intelligence information" and "criminal investigative" information from disclosure. Criminal intelligence information is defined in section 119.011(3)(a), Florida Statutes (1985), as "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." The purpose...

...iminal 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." § 119.011(3)(b), Fla. Stat. (1985). Section 119.011(3)(d)2 indicates that only "active" criminal investigative information is excepted from the Public Records Act's disclosural provisions. [3] The polygraph results which Downs seeks are not active since his petition for mandamus is a post-conviction proceeding which is not a "pending appeal" within the meaning of section 119.011(3)(d)2, Florida Statutes (1985). See Tribune Co. v. Public Records, 493 So.2d 480 (Fla. 2d DCA 1986). Thus, permitting Downs to inspect Johnson's polygraph results would not defeat the purposes underlying section 119.011(3)(a) either because such disclosure would not inhibit police investigation, or because the results are not "active" criminal investigation under the teaching of Tribune Co....

...regarding confidential informants, police surveillance techniques, and undercover personnel. Indeed, the Public Records Act specifically exempts such information from disclosure. See sections 119.07(3)(e), (f), and (g), Florida Statutes (1985). [3] Section 119.011(3)(d)2 provides: 2....

...NO MOTION FOR REHEARING WILL BE ALLOWED. NOTES [1] Chapter 119, Florida Statutes (1995), governs public records in the State of Florida. There is a general policy that "all state, county, and municipal records shall be open for personal inspection by any person." § 119.01(1), Fla.Stat....

made, is erroneous. The controlling statute is Section 119.01, Florida Statutes of 1941, as follows: *Page

...[4] We consider the federal case law relied on by appellant in support of its argument that confidential treatment should be afforded to critical self-analyses inapplicable. The state of Florida is dedicated to its policy of "Government in the Sunshine" and personal access to all public records. § 119.01(1), Fla....

...tate could prove a prima facie case. This appeal ensued. Appellant has raised several points for our consideration which have been consolidated into two arguments. The first is whether police reports constitute public records under Florida Statutes, Section 119.01....

...After the City filed this appeal, it filed a motion for stay of the order pending appeal and a stay was granted. The public records law expressly states that "[i]t is the policy of this state that all state, county, and municipal records shall be open for personal inspection by any person." § 119.01....

...DAC appealed from that portion of the order. The court also denied the Herald's request for fees. That denial is the subject of a separate appeal. Chapter 119, the Public Records Act ["Act"] affords the public access to certain government documents. § 119.01,.07(3), Fla....

...(2000); Wait v. Florida Power & Light Co., 372 So.2d 420 (Fla.1979); Miami Herald Pub. Co. v. City of North Miami, 452 So.2d 572 (Fla. 3d *305 DCA 1984). The Act applies to all agencies, including any "business entity acting on behalf of any public agency." § 119.011(2), Fla....

...to the contrary. [10] Ms. Sickon does not allege that the School Board failed to take advantage of any exemption available to it under section 231.291, Florida Statutes (1997), or acted in any manner inconsistently with the public records statutes, section 119.01 et seq., Florida Statutes (1997).

...both cases. LAW & ANALYSIS The general purpose of the Florida Public Records Act (Act) is to open public records so Florida's citizens can directly observe the actions of their government. Browning v. Walton, 351 So.2d 380, 381 (Fla. 4th DCA 1977). Section 119.01(1), Florida Statutes (1993), expressly declares that: "It is the policy of this state that all state, county, and municipal records shall at all times be open for inspection by any person." In light of this underlying policy, the Act i...

...79-187, §§ 1, 2, at 723-24, Laws of Fla. *1015 Section 119.07(3)(d) now contains an express statutory exemption to disclosure and provides that: "Active criminal intelligence information and active criminal investigative information are exempt from the provisions of subsection (1)." Section 119.011(3)(b) defines "criminal investigative information" as 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. Section 119.011(3)(d)2 defines "active" as follows: 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....

...ct to disclosure once grand jury returned no true bill and there was no new evidence in the case). By contrast, if the grand jury returns an indictment and a prosecution is pending, the information remains "active" and protected from disclosure. See section 119.011(3)(d)2 (information remains "active" if it is directly related to pending prosecutions)....

...e, "all of its records that would normally be subject to the Public Records Act if in the possession of the public agency are likewise covered by that law, even though in the possession of PHS, a private corporation." See Art. I, § 24, Fla. Const.; § 119.01, Fla....

...e transaction of official business by any court or court agency. Fla. R. Jud. Admin. 2.051(b) (1995) (emphasis supplied). [9] This definition of "judicial records" is virtually identical to the legislative definition of "public records" contained in section 119.011(1), Florida Statutes (2001), insofar as section 119.011(1) defines "public records" as "all documents ......

...However, this Court has considered "official business" with regard to public records requests under chapter 119. For example, in the landmark decision Shevin v. Byron, Harless, Schaffer, Reid & Associates, Inc., 379 So.2d 633, 640 (Fla.1980), this Court held "that a public record, for purposes of section 119.011(1), is any material prepared in connection with official agency business which is intended to perpetuate, communicate, or formalize knowledge of some type." Furthermore, this Court has held that personnel records may constitute public...

...[10] Chapter 119, Florida Statutes (2001), concerns "public records" of agencies, which include "any state, county, district, authority, or municipal officer, department, division, board, bureau, commission, or other separate unit of government created or established by law." § 119.01(1)-(2)....

limited to "unserved households". See 17 U.S.C. § 119(1); supra, at 1335-36. One of the reasons for the

each agency1 to provide access to such records. § 119.01(1), Fla. Stat. (2009). The Florida Supreme Court

...Pub. Records, 493 So.2d 480 (Fla. 2d DCA 1986). Instead, the Times sought a bright-line ruling that all e-mail on the City's computer system was "public record." Thus, the dispositive issue in this case centers on the definition of a "public record." Section 119.011(1), Florida Statutes (2000), provides: "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, char...

...l be no broader than necessary to accomplish the stated purpose of the law." Information stored on a computer is as much a public record as written documents in official files. See Seigle v. Barry, 422 So.2d 63 (Fla. 4th DCA 1982). Moreover, because section 119.01, Florida Statutes (2000), established a state public policy of open records, the public records law must be construed liberally in favor of openness....

...nt in a public official's file makes the document a public record. In Shevin v. Byron, Harless, Schaffer, Reid & Associates, 379 So.2d 633 (Fla. 1980), the supreme court rejected the decision of the district court of appeal that "in effect said that section 119.011(1) applies to almost everything generated or received by a public agency." Id....

...n their records and the public's access to those records, we certify the following question as a matter of great public importance: WHETHER ALL E-MAILS TRANSMITTED OR RECEIVED BY PUBLIC EMPLOYEES OF A GOVERNMENT AGENCY ARE PUBLIC RECORDS PURSUANT TO SECTION 119.011(1), FLORIDA STATUTES (2000), AND ARTICLE I, SECTION 24(A), OF THE FLORIDA CONSTITUTION BY VIRTUE OF THEIR PLACEMENT ON A GOVERNMENT-OWNED COMPUTER *849 SYSTEM IF THE AGENCY HAS A WRITTEN POLICY THAT INFORMS THE EMPLOYEES THAT THE AGEN...

...public record. Thus it was the Times' burden to request an in camera inspection of the e-mail designated as personal if it intended to prove that the employees' designation of each e-mail as personal was incorrect. [3] The definition of "agency" in section 119.011(2), Florida Statutes (2000), includes municipalities and municipal officers.

...Last, we note that House Bill 2028, as amended by a conference committee (Laws 1974, c. 74-100, § 9), provides that Florida Statute 447.023(3) does not take effect until January 1, 1975. The judgment appealed is affirmed. RAWLS, C.J., and JOHNSON and McCORD, JJ., concur. NOTES [1] Florida Statute 119.01 (1973) [2] Florida Statute 119.011(1) (1973) [3] In this state the right of citizens to be informed of all facets of governmental operations is zealously protected....

...Unterberger, 577 So.2d 684 (Fla. 2d DCA 1991) and Dubose v. Shelnutt, 566 So.2d 921 (Fla. 5th DCA 1990). Although the Public Defender's Office is an agency which maintains public records which must be available for inspection under the Florida Public Records Act, section 119.01, et seq., Fla....

...Unquestionably, the City's Minutes are a "public record." That term in Florida law broadly includes any document, paper, or other material "made or received pursuant *197 to law or ordinance or in connection with the transaction of official business by any agency." § 119.011(11), Fla....

...Byron, Harless, Schaffer, Reid & Assocs., Inc., 379 So.2d 633, 640 (Fla.1980) (concluding that intra-office or inter-office memos communicating information from one public employee to another, or prepared for filing although not part of the agency's later formal public product, constituted "public records" under section 119.011 because they supplied the final evidence of knowledge obtained in connection with the transaction of public business); Op. Att'y Gen. Fla. 91-26 (1991) (concluding that the minutes of a city council meeting are public records once the clerk has performed the duty to prepare them). The Board, a subdivision of the City, is an "agency." § 119.011(2), Fla....

...The Florida Legislature has spoken clearly that, subject to certain exemptions not at issue here, it is the policy of this state that all state, county, and municipal records are open for public inspection and copying by any person. Providing access to public records is a duty of each agency. § 119.01(1), Fla....

...a survey of Hispanic citizenship that University of Miami Professor Ira Sheskin conducted for the County Attorney's office. On August 23, 1991, Judge Goldman held that the results of the survey were public records in accordance with Florida Statute § 119.01....

...ides that "active criminal investigative information" is exempt from disclosure under section 119.07(1)(a). Chapter 119 implements the public policy that "all state, county, and municipal records shall be open for personal inspection by any person." § 119.01(1), Fla....

...[and] this determination is both thorough and confidential." The School Board then invoked our jurisdiction, requesting a writ of mandamus directed to the Commission, and we issued our alternative writ. The School Board argues that Sections 447.307(2) and 119.01, Florida Statutes (1975), give employers an absolute right to review authorization cards....

...on to believe any of the employee signatures were obtained by collusion, coercion, intimidation, or misrepresentation or are otherwise invalid shall be given a reasonable opportunity to verify and challenge the signatures appearing on the petition." Section 119.01 is the public records law of Florida, which declares that all documents received by a public agency "shall at all times be open for a personal inspection by any person." The Commission takes the postition that a review of authorization...

...The employer's right is premised on its "having sufficient reason" to request verification. [10] The statute does not provide free public access to signature cards, but rather limited access to a narrowly defined class of interested persons. To this extent Section 447.307 (2) may actually operate as an exemption to Section 119.01, as recognized in Section 119.07 (2)(a)....

...the financial burdens incurred by citizens who seek to enforce their right of access to public records in Florida, as well as the stated "policy ... that all state, county, and municipal records shall be open for personal inspection by any person." § 119.01(1), Fla....

compelled by the Florida Public Records Law, F.S.A. § 119.01 et seq., to release to the press copies of motions

...Genchi's privileges were unlawfully terminated, and whether the Medical Center concealed certain documents, including the Bylaws, Hospital Staff Rules and Regulations, and Policies and Procedures, and if so, whether the concealment constituted a violation of section 119.01 of the Florida Statutes ("Open Records Act.")....

...rney, for appellee. Before SUAREZ, ROTHENBERG, and LAGOA, JJ. LAGOA, Judge. Defendant Sterling A. Clowers appeals the trial court's order denying his public *841 records request. [1] For the following reasons, we affirm. Defendant filed, pursuant to Section 119.01, Florida Statutes (2006), a motion for production of the State Attorney's prosecutorial files in order to prepare a motion for postconviction relief....

be open for personal inspection by any person,’ § 119.01(1), Fla. Stat. (2002), [and so] the failure to

personal inspection and copying by any person.” § 119.01(1), Fla. Stat. “Disclosure of public records is

...shall convey knowledge or information to any person who is not lawfully entitled to such knowledge or information about any ... public record, which at the time such knowledge or information is conveyed is exempt from [disclosure by] the provisions of § 119.01 [of the Public Records laws]....

personal inspection and copying by any person.” § 119.01(1), Fla. Stat (2009). As provided in the Public

restraints, or choke holds. See Policies & Procedures, § 119.1 Force — Use of — General § 119.2 Deadly Force [D

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

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

...Registration Requirements Duplicated By The State And The IRS The charities contend that registration requirements duplicated by the state or the IRS, both of which require public disclosure of submitted information, lack narrow tailoring (Docs. 43, 46, & 56). See Fla. Stat. §§ 119.01 & 496.423; 26 C.F.R....

...gious or other eleemosynary objective." Pinellas County Code § 42-266. [14] The ordinance subjects information obtained through the registration process to Florida's public records law, which generally permits "inspection by any person." Fla. Stat. § 119.01; see Pinellas County Code § 42-279(b)....

of Florida’s Public Records Law, Fla.Stat.Ann. § 119.01-119.12 (West 1982). Id. That statute affords the

...Donald Cox, Diana Fuller, Tampa, Fla., for plaintiffs. Louis Joseph Shaheen, William C. Frye, Tampa, Fla., for defendant. MEMORANDUM OPINION GEORGE C. CARR, District Judge. At issue in this declaratory judgment action is whether the Florida Public Records Act, Fla.Stat. §§ 119.01-119.12, requires the City of Tampa to disclose documents that are attorney-client communications or whether these documents are exempt from disclosure by operation of the Florida Evidence Code, Fla.Stat....

...1188 (1938), to determine how the highest state courts would decide the issue if faced with the question. Delduca v. United States Fidelity and Guaranty Company, 357 F.2d 204, 207 (5th Cir. 1966). The purpose of the Public Records Act is to open for public inspection all state, county, *165 and municipal records. Fla.Stat. § 119.01 (1975)....

...n asserted—but affirm the circuit court's refusal to award B & S attorney's fees, and remand for further proceedings. As the Schwab decision explains, the statute defines "agency" to include private entities "acting on behalf of any public agency," § 119.011(2), Fla....

...f Winter Garden sought to obtain records from Boyle Engineering Corporation, the engineering firm that had performed the design services for the City of Winter Garden: We agree with the lower court's determination that Boyle is an "agency" under *20 section 119.011(2) insofar as it performed services for the City as the City Engineer, relating to the treatment plant....

...al by this Constitution. Art. 1, § 24(a), Fla. Const. (emphasis added). For purposes of chapter 119, the Legislature has defined "agency" to include, not only governmental units, but also any "business entity acting on behalf of any public agency." § 119.011(2), Fla....

...lorida Legislature has declared by statute that "[i]t 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." § 119.01(1), Fla....

...evaluating the need for system improvements, in developing funding priorities that could shape the City's budget, as well as in acting as the City's representative in the improvement project, [5] BDI was "acting on *23 behalf of a[] public agency." § 119.011(2), Fla. Stat. (2006). Like the records of an engineering department in a larger local government entity, [6] the records generated by BDI's performance of its contracts with the City here are subject to chapter 119. § 119.011(2), Fla....

...n of the foregoing allegations, appellants sought a *1222 declaratory judgment that all unused and unvoted punch card ballots from the 2000 presidential election are public records under article I, section 24 of the Florida Constitution, and chapter 119.01 of the Florida Statutes, thus affording them a constitutional right to inspect the unused ballots....

...rdings, 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." § 119.011(1), Fla. Stat. (2003). The Legislature has declared Florida's policy that "all state, county, and municipal records shall be open for personal inspection by any person." § 119.01(1), Fla....

to provide the records in electronic form. See § 119.01(2)(a), Fla. Stat. (stating that automation of

...Thus, Florida law determines whether Skinner may claim a copyright in his office's creations. In Florida, a citizen's right of access to public records is protected both by the Florida Constitution and the Florida statutes. Art. I, § 24(a), Fla. Const. (1992) (the "Sunshine Amendment"); § 119.01, Fla....

...Access to Court Records, 832 So.2d 712, 713 (Fla.2002) (stating that in Florida "open access to public records is both a constitutional right and a cornerstone of our political culture"). Our first public records law was enacted in 1892. §§ 1390, 1391, Fla. Stat. (Rev.1892). Its existing progeny, section 119.01(1), declares the policy that "all state, county, and municipal records shall be open for personal inspection by any person." The custodian of any public record must furnish a copy of the record upon payment of the fee prescribed by law, generally the cost of reproduction....

...Microdecisions is entitled to summary judgment as a matter of law. We reverse the summary judgment entered in Skinner's favor and remand with directions to enter summary judgment in favor of Microdecisions. Reversed and remanded. STRINGER and DAVIS, JJ., Concur. NOTES [1] Section 119.011(1), Florida Statutes (2002), defines "public records" as: 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. In turn, section 119.011(2) defines an "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.......

...is any material prepared in connection with official agency business which is intended to perpetuate, communicate, or formalize knowledge of some type." Shevin v. Byron, Harless, Schaffer, Reid & Assocs., 379 So.2d 633, 640 (Fla.1980)(emphasis added). See also § 119.011(11), Fla....

...slature, as required by Article I section 24(a) of the Florida Constitution, has through Chapter 119 established a pervasive regulatory scheme to assure that "all state, county, and municipal records [be] open for personal inspection by any person." § 119.01(1), Fla....

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

specifically identified as being reflected in section 119.01(1) and as including “the need for citizens

...No appearance required for appellee. STONE, J. Perry Deas appeals the trial court's denial of his public records request. Deas is currently serving a life sentence following his conviction for first-degree murder. He seeks an order compelling production of public records pursuant to section 119.01, Florida Statutes (2006)....

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

...iction and sentence become final."); Clowers v. State, 960 So.2d 840 (Fla. 3d DCA 2007) (confirming that a defendant who was preparing a motion for post conviction relief was entitled to copies of the state attorney's prosecutorial files pursuant to section 119.01 of the Florida Statutes); Woodfaulk v....

...sed to hearings, are sought to be closed. The media now challenges this ruling. Florida has a strong policy favoring open government. Pursuant to that policy, all governmental records, with certain limited exceptions, are open for public inspection. § 119.01, Fla. Stat. (1995). One of the exceptions to this rule applies to information gathered by the state in its investigation against a criminal defendant. § 119.011(3)(c), Fla. Stat. (1995). Pursuant to section 119.011(3)(c)5, Florida Statutes (1995), such information is not open to the public until the state gives or is required to give it to the defendant....

personal inspection and copying by any person.” § 119.01(1), Fla. Stat. (2012). Accordingly, the public

interrelated, they will be answered together. Section 119.01, Florida Statutes, states that it is the policy

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

Robert A. Butterworth Attorney General RAB/tgk 1 Section 119.01(1), Fla. Stat. 2 Article I, s. 24(c), Fla.

Robert A. Butterworth Attorney General RAB/tjw 1 Section 119.01(1), Fla. Stat. (1993). 2 Article I, s. 24(a)

transferred to the Florida State Archives. 11 Section 119.01(4), Fla. Stat. 12 Rule 1B-24.001(3)(a), Fla

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

information” about himself not be disclosed to others. § 119.01(1), Fla.Stat. (1989); Art. I, § 23, Fla. Const

be open for personal inspection by any person. § 119.01(1), Fla. Stat. (1995).4 The act is to be liberally

access to public records is a duty of each agency.” § 119.01, Fla. Stat. (2013). The Act defines “agency” to

consideration paid for an interest in real property. 2 Section 119.01(1), Fla. Stat. 3 And see, Art. I, s. 24, Fla

after the examination has been completed. Section 119.01, F. S., as amended, states that "[i]t is the

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

...entiality under section 112.533(2)(a). We recognize that the confidentiality provisions in sections 112.532(4)(b) and 112.533(2)(a) are exemptions from the public's general right to access public records and meetings, see Art. I, § 24, Fla. Const.; § 119.01(1), Fla....

utilization of public funds to pay such dues. Section 119.01, F.S., as amended by s. 1, Ch. 73-98, Laws

vindicates the general policy of openness in section 119.01, Fla.Stat. (1989). Bludworth v. Palm Beach

to inspect public records as contemplated by Section 119.01, Florida Statutes 1949, F.S.A. I am in perfect

Robert A. Butterworth Attorney General RAB/tjw 1 Section 119.01(1), Fla. Stat. 2 See, Art. I, s. 24(a), Fla

to Ch. 119, F. S., the Public Records Law. Section 119.01 specifically declares that it is the public

Statutes, the Public Records Law. Question One Section 119.01(1), Florida Statutes, declares that it is the

Chapter 119, known as the Public Records Act, Section 119.01, Florida Statutes (1977), provides: 119.01

Robert A. Butterworth Attorney General RAB/tls 1 Section 119.01(1), F.S. 2 Section 119.011(1), F.S. 3 See,

dismissed the action. We disagree and reverse. Section 119.01(1), Florida Statutes, provides: It is the policy

exempted from disclosure by state statute. Section 119.01, F.S., states that "[i]t is the policy of this

...e public records available by remote electronic means as "an additional method of access." At this time, clerks of circuit courts are not mandated to provide any specific type of official record other than the time-honored official record books. See § 119.01, Fla.Stat....

Robert A. Butterworth Attorney General RAB/tgh 1 Section 119.01(1), Fla. Stat. And see, s. 119.07(1)(a), Fla

Florida Statutes (1977). We hold they are not. Section 119.01, Florida Statutes (1977) declares that “all

Sincerely, Charlie Crist Attorney General CC/tls 1 Section 119.01(1), Fla. Stat., and Art. I, s. 24(a), Fla.

...ers present), which addressed violations of the rights of "rank and file firefighters." According to Langlois, at the meeting he spoke about "important union and public matters including violations by the Defendant of the Florida Public Records Act. § 119.01 et....

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

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

from having a private telephone line citing section 119.-01(1), which provides that “[i]t is the public

open for a personal inspection by any person.” § 119.01, Fla.Stat. (1985). Further, the Act is to be liberally

Chapter 119 of the Florida Code, i.e., Fla. Stat. § 119.01. 40Clarke and Rixey observed the first two investigative

official business.1 The Florida Constitution and section 119.01, Florida Statutes, establish the public's right

open to personal inspection by any person. Section 119.01. See also s. 119.07(1), requiring the custodian

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

5 Id. 6 Form DS-DE-101, supra, at n. 4. 7 Section 119.01, Fla. Stat., and s. 119.07(1)(a), Fla. Stat

Walton, 351 So.2d 380, 381 (Fla. 4th DCA 1977). Section 119.01(1), Florida Statutes (1993), expressly declares

inspection by any person, s.119.01, F.S. 1975. Section 119.01 is now in conformity with s.119.07(1), F.S

remanded. WARNER and DAMOORGIAN, JJ., concur. . § 119.01, Fla. Stat. (2002). . We have not determined

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

answered accordingly. AS TO QUESTION 4(e): Section 119.01, F.S., of the Public Records Law, requires

reverse the trial court’s order. In general, section 119.01, Florida Statutes (2006), requires all state

and store such information electronically. Section 119.01(2), Florida Statutes, recognizes the increasing

...of Santa Fe College, 109 So. 3d 851, 855 (Fla. 1st DCA 2013). Specifically, the Public Records Act declares that “[i]t is the policy of this state that all state, county, and municipal records are open for personal inspection and copying by any person.” § 119.01(1), Fla....

Sincerely, Charlie Crist Attorney General CC/tjw 1 Section 119.01(1), Fla. Stat. And see, s. 119.07(1)(a), Fla

General RAB/tjw 1 See, s. 106.23(2), F.S. 2 Section 119.01(1), F.S. And see, s. 119.07(1)(a), F.S. (1992

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

violation of section 119.07(3)(o). We do not agree. Section 119.01(l)(a) permits the inspection of public records

assets which arose before his appointment). 18 Section 119.01, Fla. Stat., and s. 119.07(1)(a), Fla. Stat

litigation until the conclusion of litigation); § 119.01 l(3)(d)(2), Fla. Stat. (1999) (providing that

litigation until the conclusion of litigation); § 119.01 l(3)(d)(2), Fla. Stat. (1999) (providing that

by Ch. 84-298, Laws of Florida. QUESTION ONE Section 119.01(1), F.S., provides that "[i]t is the policy

consisted of public records open to inspection under § 119.01 Fla. Stat., F.S.A., was not error. No reversible

for damages if such information is released. Section 119.01, F.S., states that "[i]t is the policy of this

of the Public Records Act, s. 119.01, F.S. Section 119.01, F.S., provides in relevant part: All state

open for personal inspection by any person. Section 119.01(1), F.S. The phrase "[p]ublic records" is defined

Robert A. Butterworth Attorney General RAB/tgh 1 Section 119.01(1), Fla. Stat. 2 Section 119.011(1), Fla. Stat

...criminal trial held in Jacksonville, Florida. The case garnered much attention in the local, state, and national media. In September 2013, the Media made its initial public records request for criminal discovery records, which makes such items subject to inspection and copying. See § 119.011(3)(c)(5), Fla....

...constitutionally guaranteed.” Bd. of Cnty. Comm’rs of Highlands Cnty. v. Colby, 976 So. 2d 31, 35 (Fla. 2d DCA 2008) (citing art. I, § 24(a), Fla. Const.). Chapter 119 obligates a state agency to provide public records to any person requesting them. See § 119.01(1), Fla....

...Providing access to public records is a duty of each agency.”). As a policy, this chapter acknowledges that public records have become “automated” in the modern era, but that the “[a]utomation of public records must not erode the right of access to those records.” See § 119.01(2)(a)....

governmental officials by ordinance or otherwise. Section 119.01, F.S., as amended by s 2 of Ch. 83-286, Laws

Robert A. Butterworth Attorney General RAB/tls 1 Section 119.01(1), F.S. 2 Shevin v. Byron, Harless, Schaffer

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

Fla. Stat. 5 Section 193.114(6), Fla. Stat. 6 Section 119.01(1), Fla. Stat. 7 See Seminole County v. Wood

for personal inspection of -any citizen. F.S.A. § 119.01. Such records .are not the personal property of

not refuse this privilege to any citizen." Section 119.01, F.S. For the purposes of the Public Records

Town of Ponce Inlet, dated March 23, 2006. 6 Section 119.01(1), Fla. Stat. See also Art. I, s. 24(a), Fla

Robert A. Butterworth Attorney General RAB/tgh 1 Section 119.01(1), Fla. Stat. 2 Article I, s. 24(a), Fla.

698 So.2d 1365, 1366 (Fla. 4th DCA 1997)). Section 119.01(1) expressly provides that *679“[i]t is the

personal inspection and copying by any person.” § 119.01(1), Fla. Stat. (2022). Indeed, each public agency

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

Robert A. Butterworth Attorney General RAB/tjw 1 Section 119.01(1), Fla. Stat. And see, s. 119.07(1)(a), Fla

Robert A. Butterworth Attorney General (ls) 1 Section 119.01(1), F.S., providing "[i]t is the policy of

are not public records within the meaning of Section 119.01, Florida Statutes (1975) and thus need not

...all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings or other material, regardless of physical form or characteristics, made or received pursuant to law or ordinance or in connection with the transaction of official business by any agency." Sec. 119.011(1), F.S....

...1975. The term "agency" as employed in the definition of "public records" includes any state commission and "... any other public or private agency, person, partnership, corporation, or business entity acting on behalf of any *1002 public agency." Sec. 119.011(2), F.S....

...The preliminary investigation is as much a statutory function of the agency as a subsequent hearing of formal charges. Sec. 447.503(3)(a), F.S. 1975. It is similarly clear that "records, affidavits, papers and notes" in the custody of the Commission's investigator are "public records" encompassed in the broad definition of § 119.011(1), above quoted....

...nfidential or which are prohibited from being inspected by the public," § 119.07(2)(a), F.S. 1975, [3] these records of a civil investigation are not analogous. No provision of the Public Employees Relations Act arguably operates as an exemption to § 119.01, as may the statute controlling examination of union authorization cards signed by employees....

...300 So.2d 750 (Fla.1st DCA 1974), cert. den., 310 So.2d 745 (Fla. 1975), that a private person contractually engaged by the Duval County School Board to assist in locating a new superintendent was not himself an "agency" whose records were subject to examination under § 119.011, F.S. 1973. See ch. 75-225, Fla.Laws. [3] See Op.Atty.Gen. 072-168 (1972). [4] The statute thus ameliorates its more broadly stated purpose to make public records open for inspection "at all times." Sec. 119.01, F.S....

Robert A. Butterworth Attorney General RAB/tgh 1 Section 119.01, F.S., and s. 119.07(1)(a), F.S., as amended

be open for public inspection by any person.” F.S. 119.01. Under the law, there are certain exemptions

...ding of a public meeting is a type of conduct a grand jury may properly investigate. Also, there is a factual basis for the challenged statements in the report. We reject appellant's attempt to manufacture an issue by setting up the straw man of the section 119.01(11) definition of public records....

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

is subject to a public records exemption. See § 119.01(2)(a), Fla. Stat. (“Automation of public records

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

does not alter the status of such records. Section 119.01(4), Florida Statutes, however, requires agencies

...We reverse the order. In obtaining the order the panel relied upon Chapter 119, Florida Statutes, "Public Records," which reflects the policy of the state "that all state, county, and municipal records are open for personal inspection by any person." Section 119.01(1), Florida Statutes (2004)....

transaction of official business by any agency. . Section 119.01 l(3)(b) defines “criminal investigative information”

open for a personal inspection by any person. [Section 119.01, F. S.] "Public records" means: . . . all documents

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

that none of the exceptions provided for in section 119.01 l(3)(c)5 have been asserted in the case at

times for a personal inspection by any person. Section 119.01, F.S. The statutory provisions governing inspection

described in Lewis, and as specifically provided by § 119.01 l(3)(c)5., Fla. Stat. (2002). See WESH Television

care complied with federal requirements. . Section 119.01(1), Florida Statutes (1989), provides that:

open to personal inspection by any person. Section 119.01. See also s. 119.07(1), requiring the custodian