Florida/Georgia Personal Injury & Workers Compensation

...Lobrano of Mahoney, Hadlow & Adams, Jacksonville, for respondents/appellees. Delbridge L. Gibbs and Gerald W. Weedon of Marks, Gray, Conroy & Gibbs, Jacksonville, for Delbridge L. Gibbs, as Attorney for Undisclosed Intervenors, on the Interpretation of § 119.011(1) Florida Statutes; Steven Carta of Smith & Carta, Fort Myers, for News-Press Pub....

...son's right of disclosural privacy is not as broad as was found by the district court and that under our state constitution no broader right is granted. Having jurisdiction, we also consider that part of the district court's decision which construed section 119.011(1), Florida Statutes (1975). We conclude that some of the papers in question are "public records," as defined by section 119.011(1) and that others are not, and we hold that the broad language of the district court's opinion expands the definition of "public records" beyond that intended by the legislature....

...The order appointed counsel to represent those intervenors who desired to be represented. Additional briefs and oral arguments were received on the privacy claims of the intervenors. In reaching its decision, the district court said that the 1975 amendment of section 119.011(2) makes it clear that a business entity is "acting on behalf of" a public agency if the services contracted for are an integral part of the agency's chosen process for making a decision on the question at hand....

...1977), wherein it was made clear that Florida has no general state constitutional right of privacy. Statutory Question In order to reach the state and federal constitutional questions, the district court *640 first had to address the issue of whether the consultant's papers were "public records" within the meaning of section 119.011(1). [4] In the course of holding that the consultant's papers were "public records," the district court in effect said that section 119.011(1) applies to almost everything generated or received by a public agency. The initial briefs submitted by the parties on the certified question were not directed to the district court's interpretation of section 119.011(1)....

...Subsequent to oral argument, however, we directed the parties to submit additional briefs on this point. The petitioners argue that the district court's broad interpretation comports with the legislature's intent and, thus, is the correct construction of the statute. Respondents contend that section 119.011(1) refers only to those documents which can be characterized as "final" or "formal" and that the district court's finding that the consultant's handwritten notes fall within the statutory definition of "public records" is erroneous. We conclude that the district court's interpretation of section 119.011(1) is too broad. Prior to the enactment of section 119.011(1) in 1967, this Court, in Amos v....

...law, or directed by law to serve as a memorial and evidence of something written, said, or done." This limited definition obviously embraced very few documents, most of which could be found in the official record book at the courthouse. In enacting section 119.011(1), the legislature broadened the class of public records....

...hat have been prepared with the intent of perpetuating or formalizing knowledge. [5] 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....

...letters, memoranda, resumes, and travel vouchers made or received by the consultant in the course of his contract with JEA were intended to formalize the information contained *641 in them. Therefore, these materials constitute public records under section 119.011(1)....

...to be searched, the person or persons, thing or things to be seized, the communication to be intercepted, and the nature of evidence to be obtained. Articles or information obtained in violation of this right shall not be admissible in evidence. [4] Section 119.011(1), Fla....

1978). The district court, in Wait, held that section 119.11(2), Florida Statutes (1975), which provides

...An examination of two chapters of Florida Statutes closely related in purpose and policy to the Sunshine Law refutes this contention. Chapter 119, The Public Records Law, provides for public access to records made "in connection with the transaction of official business by any agency." § 119.011(1), Fla. Stat. (1981). Institutions of higher education are not specifically identified in the definition of agency. § 119.011(2), Fla....

...meetings open to the public at all times, and no resolution, rule, or formal action shall be considered binding except as taken or made at such meeting. [3] We note that Marston, as president of the University of Florida, is an agency as defined in section 119.011(2), Florida Statutes (1979)....

with the asserted exempt material deleted. Section 119.11 provides for an accelerated court hearing when

...t were exempt from disclosure to the public as active criminal investigative information pursuant to section 119.07(3)(d), Florida Statutes (1985), and whether Miller's and Jent's actions for post-conviction relief were appeals within the meaning of section 119.011(3)(d)2, Florida Statutes (1985)....

...The sheriff, as custodian of the records, and the state attorney for Pasco County asserted that the requested records were exempt from disclosure as active criminal investigative information since the statute defined "active," among other things, as being "directly related to pending prosecutions or appeals." § 119.011(3)(d)2, Fla....

...were equivalent to appeals under the Public Records Act, thus the files sought were exempt from disclosure so long as these actions were in progress. The circuit court denied a request for in camera inspection of the files and held, for purposes of section 119.011(3)(d)2, Florida Statutes (1985), the Florida "legislature intended that use of the word `appeal' ......

...The Tribune Company, the Times Publishing Company, its reporter, Melone, and Jent appealed. The principal focus of our consideration is whether actions for post-conviction relief, that is, actions brought after convictions have been affirmed on direct appeal, are pending appeals within the meaning of section 119.011(3)(d)2 of the Florida Statutes, thereby making the requested records or files active criminal investigative information and thus exempt from public disclosure under the Public Records Act....

...The action of the circuit court has reversed these principles by limiting access to the secret information via a broad interpretation of the exception. This does not comport with legislative intent and cannot prevail. Simply put, the term "pending appeals" as used in section 119.011(3)(d)2 of the Florida Statutes, does not include post-conviction proceedings such as petitions for habeas corpus or appeals thereof, petitions for writ of error coram nobis, petitions for certiorari, motions pursuant to Florida Rule o...

...Blankenship, 407 So.2d at 398. All "[d]ocuments given or required by law or agency rule to be given to the person arrested," except information which reveals the identity of a victim of sexual battery or child abuse, are disclosable to the public. §§ 119.011(3)(c)5, and 119.07(3)(h), Fla....

...derlying the Sunshine Law or which also concern the processes of state and local government. The statute most analogous to the Sunshine Law is Chapter 119, Florida Public Records Law, which also exists to assure openness in and access to government. Section 119.011(2), Florida Statutes (1977), defines "agency" as "......

...PUBLIC RECORDS The videotape and photographs are public records pursuant to Florida's Public Records Act, Chapter 119, Florida Statutes (1987), because they were made in connection with the official business of a police department. See Mahone v. State, 222 So.2d 769 (Fla. 3rd DCA 1969); § 119.011(1), Florida Statutes (1987)....

...Depending on whose version of the testimony you accept, some person working for the Minneola Police Department decided to film the autopsy, yet no consent to do so was obtained from the mother and no warrant applied for. Thus, it is arguable that this document does not even meet the "public record" definition of section 119.011(1), Florida Statutes.

...ice that tried the case. This Court has recognized that "chapter 119 grants a substantive right to Florida citizens," on which the Legislature "has the prerogative to place reasonable restrictions." Henderson v. State, 745 So.2d 319, 326 (Fla.1999). Section 119.011(3)(d)(2), Florida Statutes (1999), provides that criminal intelligence and criminal investigation information shall be considered "active" while such information is directly related to pending prosecutions or appeals....

...k properly, the public records exemptions must expire upon the imposition of the death sentence, rather than upon issuance of mandate from this Court. Yet, in passing the DPRA, the Legislature did not change the definitions or exemptions in sections 119.011(3)(d)(2), 119.07(3)(b), and 119.07(3)( l ), and therefore the State can still claim exemptions for the majority of its files until this Court issues its mandate. If the Legislature is committed to a dual-track system, then we urge it to amend sections 119.011(3)(d)(2), 119.07(3)(b), and 119.07(3)( l ) to reflect that the exemptions will expire upon imposition of the death sentence....

...requested, pursuant to chapter 119, Florida Statutes (1989), that he be allowed to inspect all files in the firm's possession that pertain to a number of school board projects. The firm refused the request, taking the position that it was not an agency within the definition of that term as set forth in section *1031 119.011(2)....

...Reasoning that the architects did not participate in the school board's decision-making process, the court held that "the architectural firm was not an agency `acting on behalf of' a public agency." 570 So.2d at 1096. However, the court certified the above question, noting that it was troubled by the wording of section 119.011(2) which provides: "Agency" means any state, county, district, authority, or municipal officer, department, division, board, bureau, commission, or other separate unit of government created or established by law and any other public o...

...See, e.g., Sarasota Herald-Tribune, 582 So.2d at 733; Fox, 545 So.2d at 943; Parsons & Whittemore, 429 So.2d at 345-46; Schwartzman, 352 So.2d at 1232. As noted above, the term "agency," as used in Florida's Public Records Act, is defined broadly to include private entities "acting on behalf of any public agency." § 119.011(2)....

...1980), to the Jacksonville Electric Authority from the services rendered by the architectural firm of Schwab, Twitty & Hanser to the Palm Beach County School Board in this case. In Byron, Harless, we explained what the legislature intended to be included as public records under chapter 119. We stated: In enacting section 119.011(1), the legislature broadened the class of public records....

...ls that have been prepared with the intent of perpetuating or formalizing knowledge. 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....

...consulting firm under contract to evaluate management personnel for the Jacksonville Electric Authority, "were intended to formalize the information contained in them." Id. at 640-41. We held that those "materials constitute[d] public records under section 119.011(1)," but noted that "[t]he handwritten notes of the consultant, however, made during or shortly after his interviews with job prospects, [were] merely preliminary materials intended to aid the consultant when he later formalized the knowledge gained during the interviews." Id....

...nts are simply not public records and therefore not encompassed by chapter 119. Section 119.07(3)(d), Florida Statutes, exempts from public disclosure criminal investigative information as defined in the statute so long as it is deemed to be active. Section 119.011(3)(d), explains: 2....

...a motion for postconviction relief. Yet, the legislature obviously contemplated that inactive criminal investigative information was subject to disclosure under chapter 119. We conclude that the use of the words "pending prosecutions or appeals" in section 119.011(3)(d)(2) means ongoing prosecutions or appeals from convictions and sentences which have not become final....

...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....

...ssible evidence. Evanco v. State, 350 So.2d 780, 781 (Fla. 1st DCA 1977) rev'd. for new trial 352 So.2d 147. The denial of the motion to compel discovery was based on the Public Records Act, as set forth in the Laws of Florida, Chapter 79-187. See §§ 119.011, 119.07 and 119.072, Fla....

...These sections refer to certain sensitive public records that are not open to inspection by the public. The law refers to "public records," and that term refers to "documents, papers, letters, maps, books, tapes, photographs, films, sound recordings or other material, regardless of physical form of characteristics... ." § 119.011(1), Fla....

...on the telephone of an individual? (2) If the answer to (1) is yes, then is the compelling state interest test satisfied if the law enforcement agency involved in the installation has founded suspicion and meets the criteria established by sections 119.011(3)(a), (b), (c) and 119.011(4)[, Florida Statutes (1983)]? We approve the decision of the district court and, in the context of this case, answer both questions in the affirmative....

...iss the information. The district court affirmed the circuit court and concluded that although article I, section 23 of the Florida Constitution applies to the facts of this case, the governmental intrusion by a criminal justice agency as defined in section 119.011(4), for the purposes defined in section 119.011(3), was permitted because the government satisfied the compelling state interest test....

...The statute defines public records as follows: [A]ll documents, papers, letters, maps, books, tapes, photographs, films, sound recording 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. § 119.011(1), Fla....

...469, 95 S.Ct. 1029, 43 L.Ed.2d 328 (1975). Similarly, if the report was merely part of an investigation into whether the HRS acted properly in removing the children from the home, in effect a review of HRS's own performance, then it would fall within section 119.011(1), Florida Statutes (1981), [5] and be a public record....

...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...

...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....

...Byron, Harless, Schaffer, Reid & Associates, *269 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....

...ant 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....

...I concur with the exception of the majority's disposition of Kight's ineffective assistance of counsel claim. I believe Kight's petition for relief on this issue requires an evidentiary hearing under rule 3.850, especially as it relates to the penalty phase. KOGAN, J., concurs. NOTES [1] Section 119.011(1), Florida Statutes (1987)....

...We have for review a decision of the Second District Court of Appeal, which certified the following question 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 SYSTEM IF THE AGENCY HAS A WRITTEN POLICY THAT INFORMS THE EMPLOYEES THAT THE AGENCY MA...

...City of Clearwater, 830 So.2d 844, 848-49 (Fla. 2d DCA 2002). We have jurisdiction, see art. V, § 3(b)(4), Fla. Const, and rephrase the certified question as follows: 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 SYSTEM....

...ordings, 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....

...s 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. Ch. 67-125, § 1(a) at 254, Laws of Fla. (emphasis supplied). This definition, codified in section 119.011(1), has remained essentially unchanged. The most significant change to section 119.011(1) occurred in 1995 when the Legislature amended the definition of "public records" to include "data processing software" and information regardless of "means of transmission." See ch. 95-296, § 6 at 2727, Laws of Fla. Thus, electronic documents stored in a *153 computer can be public records provided they are "made or received pursuant to law or ordinance or in connection with the transaction of official business." § 119.011(1), Fla. Stat. (2002). "In construing a statute, we look first to the statute's plain meaning." Moonlit Waters Apartments, Inc. v. Cauley, 666 So.2d 898, 900 (Fla.1996). Based on the plain language of section 119.011(1), we agree with the Second District's conclusion that "private" or "personal" e-mails "simply fall[] outside the current definition of public records." Times Publishing, 830 So.2d at 847....

...rule rather than by chapter 119, [3] we recently acknowledged that the definition of "judicial records" contained in Florida Rule of Judicial Administration 2.051 "is virtually identical to the legislative definition of `public records' contained in section 119.011(1) ... insofar as section 119.011(1) defines `public records' as `all documents......

...computer network automatically makes them public records is contrary to this Court's decision in Shevin v. Byron, Harless, Schaffer, Reid & Assocs., Inc., 379 So.2d 633 (Fla.1980). In Shevin, this Court rejected the First District's conclusion that "section 119.011(1) applies to almost everything generated or received by a public agency." Id. at 640. Although this Court acknowledged that the Legislature broadened the class of public records in enacting section 119.011(1), this Court concluded that the definition of the term "public records" limited "public information to those materials which constitute records —that is, materials that have been prepared with the intent of perpetuating or formalizing knowledge." Id....

...19. Based on the foregoing, we conclude that "personal" e-mails are not "made or received pursuant to law or ordinance or in connection with the transaction of official business" and, therefore, do not fall within the definition of public records in section 119.011(1) by virtue of their placement on a government-owned computer system....

...purposes of this chapter, the Commission on Ethics, the Public Service Commission, and the Office of Public Counsel, and any other public or private agency, person, partnership, corporation, or business entity acting on behalf of any public agency. § 119.011(2), Fla....

...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....

...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....

...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....

...sts were not fulfilled by the department in substantial part upon the claim that the requested data fell within the statutory exemption from disclosure of public records denominated "criminal investigative" and "criminal intelligence" information. §§ 119.011(3)(a), (b), (c), and 119.07(2), Fla....

...ch were disclosed pursuant to a prior order and, in all other respects, denying the petition for writ of mandamus. It found that the "disputed records" were exempt from disclosure as active "criminal intelligence" information enjoying the shelter of section 119.011(3)(c), Florida Statutes (1981)....

...We address each of the three arguments presented by petitioner and amici (collectively, the press). Chapter 119, Public Records, Florida Statutes (1985), establishes a state policy *34 that government records, with specific exceptions, should be open at all times to the public. Section 119.011(3)(b) provides an exception whereby "criminal investigative information" developed for the prosecution of criminal defendants will not be accessible to the public until such time as the information is given, or required by law or agency rule to be given, to the accused....

...cords because he claims that the department is subject to the Florida Public Records Act, § 119 Florida Statutes (1975), and we are compelled to agree. Any fire department cannot help but be classified as an agency under the following definition in § 119.011(2): (2) "Agency" shall mean 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, person, partnership, corporation, or business entity acting on behalf of any public agency. Likewise, "public records" in § 119.011(1) include all the following: (1) "Public records" means all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings or other material, regardless of physical form or characteristics, made or received, pursuant...

...statistical report to the chief circuit judge and certain county judges. The public records law defines as "public" all records "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. (1995). "Agency" is defined to include a private entity "acting on behalf of any public agency." § 119.011(2), Fla....

...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)....

...: (1) " Official records " means each instrument that the clerk of the circuit court is required or authorized to record in the series of books called "Official Records" as provided for in s. 28.222. (2) " Public records " has the same meaning as in s. 119.011 [6] and includes each official record....

...We note that the opinion of the Attorney General is not binding on a court, although it is entitled to careful consideration and generally should be regarded as highly persuasive. See State v. Family Bank of Hallandale, 623 So.2d 474, 478 (Fla.1993). [6] According to section 119.011, Florida Statutes (1995): (1) "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, characteristi...

...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)....

...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...

...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....

...At the time of Tindel, the disclosure requirement of the public records act applied only to public agencies, defined as ... any state, county or municipal officer, department, division, board, bureau, commission or other separate unit of government created or established by law. [Section 119.011(2), Florida Statutes (1973).] By Chapter 75-225, Section 3, Laws of Florida, Section 119.011(2) was amended to extend the definition of "agency" to include "any ......

...75 act should be read narrowly to embrace the records of only those private contractors to whom the public agency has delegated a significant part of the agency's power of decision on the public question at hand. Were that the proper construction of Section 119.011(2), it would be necessary to consider whether the consultant and JEA preserved in practice the conceptual distinction between their respective roles of developing prospects and acting on candidates....

..."agency" to which the public records law applied. II. The consultant's notes are "records" The consultant urges that its handwritten notes of interviews and impressions do not rise to the dignity of "records" to which the public record law applies. Section 119.011(1) defines "public records" as: ......

...forbids the mutilation, destruction or other disposition of any public record "without the consent of the division of archives, history and records management of the department of state." It is certainly true that the encompassing definition made by Section 119.011(1) and the proscription of Section 119.041, if scrupulously observed, will require more government warehouses than wastebaskets....

...Others have to draft letters several times before they say what the writer wants to communicate. Papers of this sort are clearly personal in nature. For those who perform the same work but are able to draft without notes, no such documents ever exist. Section 119.011(1) provides a definition of "public records" vastly more expansive than the previous judicial definition....

...Section 119.09 authorizes the Division of Archives, History and Records Management to establish, in consultation with agencies, "a time period for the retention or disposal of ... records." Section 267.021(2) defines "records," for purposes of the Florida Archives and History Act, identically to Section 119.011(1)....

...Rule 1A-21.05(1). However apprehensive we may be of the logistical consequences, we recognize that the legislature is free to write the definition of public records and the proscription of their destruction as broadly as it wishes. Though Sections 119.011(1) and .041 may create paper mountains, stifle creative pencilwork and exhilarate warehousers, the legislature is entitled to put Florida on that course for good or ill....

...I disagree only with the conclusion that the hand written notes here involved are accorded the nomenclature of "records" to which the public record law applies. In so disagreeing I am not unaware of the broad language employed by the legislature in F.S. 119.011(1)....

...[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....

...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)....

...pal 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...

...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).

...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 "......

...created to further the interests of a public hospital and to perform various important functions previously performed by the public hospital is a "business entity acting on behalf of any public agency" for purposes of the Florida Public Records Act. § 119.011(2), Fla....

...In October 1989, the Sarasota Herald-Tribune submitted a written public records request to Edward W. Houck, as records custodian of Community Health Corporation. [1] The corporation declined the request on grounds that it was a private corporation and was not an "agency" subject to the public records act. § 119.011(2), Fla....

...r, department, division, board bureau, commission, or other separate unit of government created or established by law and any other public or private agency, person, partnership, corporation, or business entity acting on behalf of any public agency. § 119.011(2), Fla....

...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....

...lic 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...

...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....

...However, our research discloses they have been recently rejected by the Florida Supreme Court and other appellate courts in this state. I. ARE EMPLOYEE RECORDS, KEPT AS PART OF THE HOSPITAL'S PERMANENT FILES AND RECORDS, GENERALLY "PUBLIC RECORDS" WITHIN THE SCOPE OF CHAPTER 119? Section 119.011(1) defines as "public records": [A]ll 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....

...[2] Section 59.46, Florida Statutes (1979), provides in pertinent part: (1) In the absence of an expressed contrary intent, any provision of a statute ... providing for the payment of attorney's fees to the prevailing party shall be construed to include the payment of attorney's fees to the prevailing party on appeal. [3] § 119.011(2), Fla....

Public Records Law is implicitly authorized by section 119.11(1), which provides: "Whenever an action is

...The Superintendent is the executive officer of the Board in whom is vested among other powers, the custody of all records and properties of the Board. § 230.21; 230.33(3) and (4). The Board and its Superintendent are agencies of the State of Florida within the meaning of section 119.011(2), Florida Statutes (2002), and "public officers" of the state within the meaning of Art....

...(RRD), Resources Recovery (Dade County) Construction Corporation (RRDC), and their affiliates under chapter 119, apparently on the ground that although private entities, they had acted on behalf of a governmental agency, we find error and reverse. The Public Records Act, section 119.011(2), [1] Florida Statutes (1981) applies to public agencies or to private business entities acting on behalf of a public agency....

...denied, 421 U.S. 963, 95 S.Ct. 1951, 44 L.Ed.2d 450 (1975); Board of Trustees v. Freedom of Information Commission, 181 Conn. 544, 436 A.2d 266 (1980). According to Fritz, entities which perform an essentially governmental function come within the purview of section 119.011(2) only as to those functions which are performed in that capacity....

...Writ directed to Greenberg, Traurig, Askew, Hoffman, Lipoff, Quentel and Wolff vacated and cause remanded with directions; writ directed to Parsons and Whittemore, Inc., Resources Recovery (Dade County) Inc., and Resources Recovery (Dade County) Construction Corporation quashed. NOTES [1] Section 119.011(2), Florida Statutes (1981) states: `Agency' means any state, county, district, authority or municipal officer, department, division, board, bureau, commission, or other separate unit of government created or established by law and an...

...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....

...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....

...milarly rejected the inclusion of pen registers in the security of communications category. [10] Our reading of the record in this case indicates that both Metro-Dade and Miami Beach fulfill the definition of "criminal justice agency" established by section 119.011(4), Florida Statutes (1983)....

...Therefore, the use of the pen registers by the law enforcement agencies, in support of the affidavits for the wiretap authorization, was proper. The information amassed from the pen registers was clearly "criminal investigative information" as defined in section 119.011(3)(b), Florida Statutes (1983)....

...ON THE TELEPHONE OF AN INDIVIDUAL? (2) IF THE ANSWER TO (1) IS YES, THEN IS THE COMPELLING STATE INTEREST TEST SATISFIED IF THE LAW ENFORCEMENT AGENCY INVOLVED IN THE INSTALLATION HAS FOUNDED SUSPICION AND MEETS THE CRITERIA ESTABLISHED BY SECTIONS 119.011(3)(a), (b), (c) AND 119.011(4)? B....

...s of a particular telephone or the occupants of a particular public place, it was decided that they should not be expanded to cover pen registers. ABA Standards for Criminal Justice, Electronic Surveillance, Introduction (2d ed. 1982). [11] Sections 119.011(3)(b) and (4) read as follows: 119.011 Definitions....

...actions under the Racketeer Influenced and Corrupt Organization Act, during the time that such agencies are in possession of criminal intelligence information or criminal investigative information pursuant to their criminal law enforcement duties. §§ 119.011(3)(b), (4), Fla....

...Finally, the First District rejected Henderson's argument that "the mere fact that co-perpetrator Adams has participated in discovery, changes or eliminates Henderson's obligations under rule 3.220." Id. On the contrary, the court explained that: Instead, we read section 119.011(3)(c)5 in a manner consistent with the apparent purpose behind section 119.07(8), to prevent a defendant from obtaining such nonexempt public records pertaining to his or her pending criminal prosecution, while sidestepping the discovery provisions under rule 3.220....

...rogates a criminal defendant's ability to use the Public Records Act as an end-run around the reciprocity which has been required since 1989 under rule 3.220." Henderson, 708 So.2d at 644. Central to this reasoning is the First District's reading of section 119.011(3)(c)5, Florida Statutes (Supp.1996), "in a manner consistent with the apparent purpose behind section 119.07(8)," the statute at issue in this case. Id. Section 119.011(3)(c)5 provides that "criminal intelligence information" and "criminal investigative information," which are normally exempted from disclosure under the Public Records Act, "shall not include ......

...would have remained privileged under section 119.07(3)(b), and Henderson's standing as a Florida citizen is of no moment in gaining access to such information. In that situation, only if Henderson acts in his capacity as the "person arrested" under section 119.011(3)(c)5 [8] and participates *327 in discovery will he have access to the requested information....

...1996), provides in pertinent part: 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. [8] Section 119.011(3)(c)(5) provides, in pertinent part, that: "Criminal intelligence information" and "criminal investigative information" shall not include: Documents given or required by law or agency rule to be given to the person arrested....

access to public records and judicial proceedings. § 119.11, Fla. Stat. (1979); State ex rel. Miami Herald

...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...

...quirements 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."

...[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....

...well that resulted in animals being either seized or voluntarily turned over... to the ... Society." The request was made under Florida's Public Records Act, Chapter 119, Fla. Stat.(1997). The Society argues that the definition of *1239 agency under section 119.011(2) [1] , Florida Statutes (1997) does not include the society because the application of the factors in News and Sun-Sentinel Co....

...We additionally note, as the trial court concluded, that an award of attorney's fees was not appropriate in this case because the Society acted on a good faith belief that it was not subject to the public records law. Stanfield at 503. AFFIRMED. DAUKSCH, J., and MIHOK, A. T., Associate Judge, concur. NOTES [1] Section 119.011(2) defines agency as: Any state, county, district, authority, or municipal officer, ......

...As an arm of this Court, the Board is answerable solely to this tribunal. Any legislative enactment which constitutes an usurpation of this Court's constitutionally endowed power, by seeking to govern the Board's activities must be invalid. Id. (Emphasis added.) The definition of "public records" in section 119.011(1), Florida Statutes (1979), and the definition of the term "agency" as contained in section 119.011(2) are far reaching, and broad enough to include the records of judicial branch entities....

available within forty-eight hours pursuant to section 119.11(2), Florida Statutes (2002). In count two,

...Petitioner's counsel sent a second letter on March 29, 1985, requesting more specific reasons for the denial. FDLE's counsel responded by letter that the information requested was exempt from disclosure because it was part of an "active criminal investigation" as defined in sections 119.011(3)(b) and (3)(d)2, Florida Statutes (1983)....

...To understand this contention we must first review the pertinent provisions of chapter 119. Section 119.07(3)(d) states: Active criminal intelligence information and active criminal investigative information are exempt from the provisions of subsection (1). Section 119.011(3)(b) reads: "Criminal investigative information" means information with respect to an identifiable person or group of persons compiled by a criminal justice agency in the course of conducting a criminal investigation of a specific act or omission, including, but not limited to, information derived from laboratory tests, reports of investigators or informants, or any type of surveillance. Section 119.011(3)(d)2 provides that "active" shall have the following meaning: 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....

...and anticipation of prosecution in the foreseeable future. Florida Freedom also complains that its questions regarding when the money was taken and exactly where the money was located were proper because they sought to elicit information excluded by section 119.011(3)(c)1 from the statutory definition of criminal investigative information. [1] But we find no error in the trial court's so limiting the questioning. Section 119.011(3)(c)1, being the provision specifically relied on by appellant, speaks only in terms of "the time, date, location, and nature of a reported crime" (emphasis added), and relates to information furnished or reported when the matter is first turned over to the criminal justice agency for investigation; it does not encompass information subsequently developed during the investigation prior to the arrest or public charging of an individual. This is clear from a reading of section 119.011(3)(c) as a whole....

...ped during its progress would often impede the development of new leads and prevent successful conclusion of the investigation and the arrest of the offender. We see no need for a philosophical discussion of whether to give the exemptions defined in section 119.011(3)(c) a narrow or broad construction, see, e.g., Bludworth v....

...for initiating this investigation. While ordinarily this would be an offense report, in this case the investigation was initiated by the letter from the sheriff. To the extent this letter contains information falling within the first subparagraph of section 119.011(3)(c), it should be produced and made available to Florida Freedom....

...th the trial judge. § 119.07(2)(b), Fla. Stat. (Supp. 1984). After reviewing the record, we find no abuse of discretion in his denying such inspection. As modified, the order of the court below is AFFIRMED. MILLS and SHIVERS, JJ., concur. NOTES [1] Section 119.011(3)(c), Florida Statutes (1983), provides: "Criminal intelligence information" and "criminal investigative information" shall not include: 1....

...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....

...(Footnotes omitted.) The Florida Supreme Court explained the meaning of "public record" under Florida's Public Records Law, chapter 119, Florida Statutes (1975): 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....

from the state attorney's office pursuant to section 119.11, Florida Statutes (2005). Because Woodfaulk

without bond upon appeal by any public body. Section 119.11 provides there shall be no automatic stay on

the Public Records Act, section 119.11, Florida Statutes (1995). Section 119.11 provides for an accelerated

...ecords Act is more difficult. The twenty-five documents were either developed by county attorneys in preparation for a hearing on Florida Land's request for a temporary injunction or were correspondence from one of the county's attorneys to another. Section 119.011(1), Florida Statutes, defines "public records" as: [A]ll documents, papers, letters, maps, books, tapes, photographs, films, sound recordings or other material, regardless of physical form or characteristics, made or received pursuant...

...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)....

...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....

...[4] For the reasons stated, the final judgment and the order awarding attorney's *683 fees are reversed. The order awarding attorney's fees is remanded for a redetermination of the fee award. NOTES [1] Under the terminology of the Public Records Law, all documents in the hands of a public agency are public records. § 119.011(1), Fla....

...s subject to dismissal. On the state of this record, we find no basis upon which the dismissal of the petition can be upheld. The records, as described in the petition, quite clearly fall within the definition of public records as broadly defined in Section 119.011, Florida Statutes (1981); the trial court, dismissing the complaint on its face, most certainly made no determination that the records sought, or any of them, fell without this definition, see Shevin v. Byron, Harless, Schaffer, Reid and Associates, Inc., 379 So.2d 633 (Fla. 1980); and the records sought are those of an agency as defined in Section 119.011(2), Florida Statutes (1981), see Wait v....

...Because the petitioner successfully established a right to inspect public documents in the possession of the City of Winter Garden does not subject the rest of the populace of Orange County to compulsory disclosure of records under Chapter 119. We agree with the lower court's determination that Boyle is an "agency" under section 119.011(2) insofar as it performed services for the City as the City Engineer, relating to the treatment plant....

...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." § 119.011(1), Fla....

...department, division, board, bureau, commission, or other separate unit of government created or established by law and any other public or private agency, person, partnership, corporation, or business entity acting on behalf of any public agency." § 119.011(2), Fla....

...The access which might otherwise be required under section 119.07(1)(a) is subject to numerous exemptions which are described in section 119.07(3). An exemption exists for active criminal investigative information, see section 119.07(3)(d), which continues to pertain while a conviction remains pending on direct appeal. See § 119.011(3)(d)(2), Fla....

...Downs; see also, § 119.07(4), Fla. Stat. Nor does it apply to information for which disclosure was previously required under the rules of discovery. See Tribune Co. v. Public Records, 493 So.2d 480 (Fla.2d DCA 1986), review denied, 503 So.2d 327 (Fla. 1987); § 119.011(3)(c)5, Fla....

...The appellant alleged that some of the materials which he sought were submitted into evidence at trial. He also alleged that some of the information was subject to mandatory disclosure during discovery. And it does not appear that all of the materials are necessarily criminal investigative information as defined under section 119.011(3)(b)....

...ecord to be examined or copied. The trial court denied the claim for attorney's fees, finding that the Clerk's initial refusal was justified. The court did not reach the issue of whether chapter 119 applied to the Clerk as the court's record keeper. Section 119.011(1), Florida Statutes (1991), defines "public records" as all 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." In Locke v. Hawkes, 595 So.2d 32 (Fla. 1992), the supreme court held that the legislature was not an "agency" which is subject to the Public Records Act. See § 119.011(2), Fla. Stat. (1991). The court explained: 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 government entities and their officers; the definition applies particularly to those entities over whi...

...(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....

...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)....

...Wisner filed an amended motion for rehearing and motion to tax costs pursuant to section 119.12 [2] . The trial court denied Wisner's motion for rehearing and motion to tax costs. We conclude that the trial court erred in denying Wisner's motion to tax costs. The materials Wisner was seeking are public records. See § 119.011(1), Fla....

...[3] This statute provides: "Public records" means 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. § 119.011(1), Fla....

...Centafont, who has sole possession of the documents, is not acting "on behalf of" Respondents City of Ft. Myers and Kaune, but rather for the benefit of his patients. Therefore, as to these documents Dr. Centafont is not an "agency" within the meaning of F.S. 119.011(2)....

...ob qualifications. Affirmed. SCHEB, A.C.J., and SCHOONOVER, J., concur. NOTES [1] Byron, Harless, Schaffer, Reid and Associates, Inc. v. State ex rel. Schellenberg, 360 So.2d 83 (Fla. 1st DCA 1978), rev'd on other grounds, 379 So.2d 633 (Fla. 1980); § 119.011(2), 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...

...(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. Section 119.011(11), Florida Statutes (2007), defines "Public records" as "all documents, papers ....

Florida Statutes (2009), is a state agency. § 119.011(2), Fla. Stat. (2009) (defining agency as "any

...ses where the public's interests are not involved. NOTES [1] Incorrectly cited as Orlando Sentinel Communications Company v. Salfi in the trial court order. [2] § 119.07, Florida Statutes (1985). [3] Judicial court proceedings may be encompassed by section 119.011(2), Florida Statutes (1985), but it is doubtful the Florida Supreme Court would agree....

...ourt granted the State Attorney's motion for rehearing and vacated its earlier ruling. The court found that because there was an ongoing federal prosecution, the records in the State Attorney's possession were exempt from disclosure, citing sections 119.011(3)(b) and (c), Florida Statutes (1997)....

...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. (1997). Section 119.011(3)(d), Florida Statutes (1997), provides: Criminal investigative information shall be considered "active" as it is related to an ongoing investigation which is continuing with a reasonable, good faith anticipating of securing an arrest or prosecution in the foreseeable future....

...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(4), Fla....

...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...

...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.

circuit court held a hearing in short order. See § 119.11, Fla. Stat. (2004) (providing accelerated hearing

...er. J. Bert Grandoff of Lawson, McWhirter & Grandoff, Tampa, for respondent. DANAHY, Judge. The Hillsborough County Aviation Authority urges us to hold that trial preparation materials, or "work product," are not public records within the meaning of section 119.011(1), Florida Statutes (1981), as interpreted by our supreme court in Shevin v....

..., 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....

...of public records upon which a court has ruled prior to October 1, 1998. (3) This rule is to be used in conjunction with the forms found at Florida Rule of Criminal Procedure 3.993. (b) Definitions. (1) "Public records" has the meaning set forth in section 119.011(1), Florida Statutes (1997)....

...stconviction litigation; or a private attorney who has been hired by the capital defendant or who has agreed to work pro bono for a capital defendant for postconviction litigation. (5) "Agency" and "person" mean an entity or individual as defined in section 119.011(2), Florida Statutes (1997), that is subject to the requirements of producing public records for inspection under section 119.07(1)(a), Florida Statutes (1997)....

...Both orders are the subject of this appeal. PUBLIC RECORDS ARGUMENT The trial court was correct in finding that the business records maintained by Alligator Towing in connection with its agreement with the City were public records open to inspection by the press and public. Section 119.011(1), Florida Statutes (1987) defines "public records" as follows: "Public records" means 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. (Emphasis supplied.) "Agency" is defined under section 119.011(2) as: *943 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, pers...

...See §§ 316.194(3)(a), 705.103 and 715.05, Fla. Stat. (1987). The City further codified such a requirement in its city ordinances pursuant to its general police powers. [*] Therefore, based on the provisions of this contract, we find that Alligator Towing is an agency as defined under section 119.011(2), and these records are subject to public inspection under the Act....

...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....

...After turning over the records in its possession, Orange County denied any responsibility for those records in the possession of CKH. However, when Harold sought the records from CKH, it refused to disclose them based on the assertion that it was not "a business entity acting on behalf of" a public agency as described in section 119.011(2)....

hearing on its complaint, as provided for in section 119.11(1), Florida Statutes (2013). The trial court

...air trial. After hearing argument from defense counsel, the newspaper, and BSO, and after allowing the attorneys to file memoranda of law, the trial court granted the motion for a protective order in part. Citing the definition of a public record in section 119.011(12), Florida Statutes, the court concluded that although BSO is not required to record the phone calls, it does so for legitimate security reasons and doing so makes the recordings a public record....

...connection with the official business of any public body, officer, or employee of the state, or persons acting on their behalf, except with respect to records exempted pursuant to this section or specifically made confidential by this Constitution." Section 119.011(12), Florida Statutes defines public records as "all documents, papers, letters, maps, books, *1049 tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteris...

purposes of the Florida public records statutes. § 119.011(12), Fla. Stat. (2016). The Florida Legislature

...al stores in the mall, or other contractual arrangements necessary to manage and operate the shopping center. [2] *974 IV. THE DEVELOPMENT AND LEASE DOCUMENTS AMONG THE PRIVATE PARTIES ARE NOT PUBLIC RECORDS "Public record" is statutorily defined in section 119.011(1), Florida Statutes (2000), to include 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...

...t Agreement "pursuant to law or ordinance." However, certain documents prepared by and solely within the possession of private parties may be public records if they are prepared "in connection with the transaction of official business by an agency." § 119.011(1). See News & Sun-Sentinel Co. v. Schwab, Twitty & Hanser Architectural Group, Inc., 596 So.2d 1029 (Fla.1992) (defining "agency" in section 119.011(1) broadly to include private entities acting on behalf of public agency; noting broad definition ensures public agency cannot avoid disclosure by delegating agency responsibility to private entity)....

...We note that chapter 119 contains a provision—not mentioned by the parties to this proceeding—permitting the denial of public access to discovery materials where the release of those materials would defame or threaten the safety of a victim or witness. Section 119.011(3)(c)(5) provides, in pertinent part, that the court in a criminal case may order that certain information [provided to a criminal defendant by the State] be maintained in a confidential manner and exempt from the provisions of s....

...The trial court did not make reference to this provision or any findings that the public disclosure of the information in question would "[b]e defamatory to the good name" of the witnesses or "would jeopardize [their] safety." The entry of an order under section 119.011(3)(c)(5)(a) on the court's own initiative may well be authorized where the requirements of that provision are met....

...t to the discovery materials in question based on a proper motion under rule 3.220( l ) or (m) seeking the nondisclosure of those materials. [1] Our *328 disposition is also without prejudice to the issuance of a properly justified order pursuant to section 119.011(3)(c)(5)(a)....

...confidential by this Constitution." Section 24(c) provides that the state legislature, by a two-thirds vote of each house of the legislature, has the power to enact exemptions to section 24(a)'s disclosure requirements. Art. I, § 24(c), Fla. Const. Section 119.011(12) defines a "public record" as: [A]ll 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 an agency. § 119.011(12), Fla. Stat. (2009). And section 119.011(2) defines "agency" as: [A]ny state, county, district, authority, or municipal officer, department, division, board, bureau, commission, or other separate unit of government created or established by law including, for the purposes of this chapter, the Commission on Ethics, the Public Service Commission, and the Office of Public Counsel, and any other public or private agency, person, partnership, corporation, or business entity acting on behalf of any public agency. § 119.011(2), Fla. Stat. (2009). Cooper qualifies as an "agency" as set forth in section 119.011(2), since the Mayor is a municipal officer acting on behalf of the municipality and is thus subject to the directives of this section....

...Art. V, § 11(d), Fla. Const. (emphasis added). While article I, section 24, and article V, section 11 of the Florida Constitution are applicable to our inquiry, chapter 119, Florida Statutes is not. The JNC is not an agency subject to chapter 119. Section 119.011(2) defines "agency" as: [A]ny state, county, district, authority, or municipal officer, department, division, board, bureau, commission, or other separate unit of government created or established by law including, for the purposes of...

...Hawkes , the supreme court concluded that chapter 119 applied only to agencies subject to legislative control, which did not include the legislature itself or the judiciary. Id. at 36. Specifically, the supreme court held, We find that the definition of agency in section 119.011, while not intended to apply to the legislature ......

...Thereafter, in 1993, article I, section 24 of the Florida Constitution was amended to include the three branches of government; however, all previous exemptions, including that in article V, section 11(d), were still in place. Art. I, § 24(d), Fla. Const. Moreover, section 119.011(2) was not amended to include the judiciary, the legislature, or independent constitutional entities....

...2.051 (providing public access to judicial records which are not exempted); Fla. Dist. Ct. Jud. Nominating Comm'n R., § X (requiring the JNC to retain and submit under seal specific papers to Florida Bar or Governor). Unlike the other constitutional entities mentioned in section 119.011, the Florida Constitution requires the JNC to enact its own procedures: "Uniform rules of procedure shall be established by the judicial nominating commissions at each level of the court system." Art....

twenty-four hour delay, it is significant that section 119.11 requires that whenever a court orders an agency

...ncy of the state" within the meaning of Section 768.28, Florida Statutes, Florida's Waiver of Sovereign Immunity Statute. As stated in Section 286.011(1), Florida Statutes, the Sunshine Law applies only to a "state agency or authority." As stated in Section 119.011(2), Florida Statutes, the Public Records Law applies only to a "unit of government" or private entity "acting on behalf of any public agency." Although Lee applies to the Sovereign Immunity Statute, the rationale in Lee is applicable in this case....

also sought an accelerated hearing pursuant to section 119.11, Florida Statutes (1997). The City raised the

...State, 436 So.2d 93, 96 (Fla.1983). When the State discloses documents to a criminal defendant in discovery, the documents are subject to public inspection and copying. See Tribune Co. v. Public Records, 493 So.2d 480, 485 (Fla. 2d DCA 1986); see also § 119.011(3)(c)(5)....

...g extrajudicial comment. The Petitioner's Motion for Rehearing is denied. *658 The Motion for Clarification is granted to the extent that our original opinion is modified as indicated by this opinion. BOOTH, C.J., and THOMPSON, J., concur. NOTES [1] Section 119.011(3)(c)(5), Florida Statutes, provides in part: "Documents given or required by law or agency rule to be given to the person arrested" are subject to public inspection....

...rmation or criminal investigative information before, on, or after the effective date of the exemption. Both subparagraphs of this statute apply to "criminal intelligence information or criminal investigative information." Those terms are defined in section 119.011(3), Florida Statutes (2005)....

...The photographs at issue do not seem to fall within the definition of "criminal intelligence information." They do arguably fall within the definition of "criminal investigative information." The definition does not expressly discuss exhibits in public trials, but section 119.011(4)(a) defines a "criminal justice agency" to include a *15 "court." [2] Assuming without deciding that the exhibits introduced into evidence in this case may fall within this definition, section 119.07(6) provides: Nothing in this cha...

hearing on the complaint was scheduled under section 119.11, Florida Statutes (2010), the trial court only

...Byron, Harless, Schaffer, Reid & Assocs., Inc., 379 So.2d 633, 640 (Fla. 1980), the supreme court provided guidance that suggests otherwise: 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....

...We affirm that aspect of the trial court's order. PHH has also appealed from an order requiring it to pay attorneys' fees and costs. We reverse the attorneys' fees order. The trial court, having determined that PHH acted on behalf of an agency within the meaning of section 119.011(2), Florida Statutes (1987), and was required to reveal its records upon reasonable request, concluded that the New York Times Company and the Lakeland Ledger Publishing Corporation were entitled to attorneys' fees pursuant to section 119.12, Florida Statutes (1987)....

...Thereafter, the trial court issued an order unsealing all the documents the State did not want covered by the protective order. That left a total of ten documents, all of which were in Volume IV of the record, for which the State sought a protective order. With regard to the ten documents, the trial court relied on section 119.011(3)(c)5, Florida Statutes (1997), [2] and found that the exemptions in sections 119.072 [3] and 119.07(3)(b) [4] were not applicable to the documents, because they were already made public when given to the defendant and voluntarily filed with the court....

...agreement and retrieve documents). It is undisputed that the documents at issue here were criminal intelligence or investigative information, within the meaning of section 119.072, at the time the documents were made available to the State Attorney. Section 119.011(3)(c)5 excludes from the definition of "criminal intelligence information" and "criminal investigative information" "[d]ocuments given ......

...The legislature could not have intended section 119.072 to be applied so as to chill the exchange of information in this manner. Moreover, the federal government should not be penalized for sharing information with the State. Cf. City of Miami v. Metropolitan Dade County, 745 F.Supp. 683, 687 (S.D.Fla. 1990) (recognizing section 119.011(3)(c)5 should not be construed in such a manner as to penalize city for assisting federal government in its investigations by sharing criminal investigative information)....

...The federal court also held that the supremacy clause mandated that its order supersede any disclosure requirements placed on the documents imposed by the state court. 694 F.Supp. at 901. We believe that just as the state law in Napper could not supersede the federal loan agreement at issue there, section 119.011(3)(c)5 cannot be read to override the terms of the federal transmittal letter which accompanied these documents....

...consistent with this opinion. It is so ordered. KOGAN, C.J., and OVERTON, SHAW, HARDING, WELLS, ANSTEAD and PARIENTE, JJ., concur. NOTES [1] Williams v. State, 110 So.2d 654 (Fla.), cert. denied, 361 U.S. 847, 80 S.Ct. 102, 4 L.Ed.2d 86 (1959). [2] Section 119.011(3)(c)5 provides: (c) "Criminal intelligence information" and "criminal investigative information" shall not include: ......

their action for immediate hearing pursuant to section 119.11(1), Florida Statutes (1989). We have previously

...he Authority), to produce for public inspection and copying certain documents relating to an application by the Authority for approval to organize a state-chartered savings bank. The trial court determined that the documents are public records under section 119.011(1), Florida Statutes (1995), are not exempt from disclosure, and must be produced to Guzman (and, we add, to the public generally)....

...ral Office of Thrift Supervision [OTS]. These are the documents in dispute. As they are a part of the Authority's application which was made in order to carry forward business of the Authority, the documents in dispute are public records pursuant to section 119.011(1), Florida Statutes (1995)....

...k as applied for by the Authority. Wallace apparently assumed that, by providing the documents to Alston and Bird, rather than to the Authority's director or clerk, the documents would be inaccessible to the public. His assumption clearly was wrong. Section 119.011(2), Florida Statutes (1995), [4] defines "agency" for public purposes to include private persons and private entities acting on behalf of any public agency....

...But, sub judice, the architects *1096 did not participate in the school district's process to decide whether schools should be built. We hold that the architectural firm was not an agency "acting on behalf of" a public agency. However, the wording of section 119.011(2) of the Florida Statutes (1989) troubles us: "Agency" means any state, county, district, authority of municipal officer, department, division, board, bureau, commission, or other separate unit of government created by law and any ot...

...e court must perform a two-step analysis. It must first determine whether the documents sought are, in fact, public records and whether the documents are exempt from public disclosure as a result of a constitutional or statutorily created exemption. Section 119.011(1), Florida Statutes (1995), defines in pertinent part the term "public records" to include, [A]ll documents ......

...the documents; and the documents were in the state's possession at the time the state made the decision to settle with Prudential. We find that these are exactly the types of documents which were contemplated to be public records in accordance with section 119.011(1), Florida Statutes, and section 624.319(3), Florida Statutes....

...ainst the persons having actual custody of the desired records. In this case that would have led to naming as respondents the city manager and Fritz and Upington or other individual employees of Boyle having actual possession of the desired records. Section 119.011(2), Florida Statutes (1979), defining "agency" is consistent with this theory....

given priority over other pending court cases. § 119.11(1), Fla. Stat. (2009). In other words, an accelerated

...writ of mandamus directing HRS and other sundry officials to permit the petitioners to inspect the medical certification portion of Dr. Yeste's death certificate. The intervenors appeal. Without dispute, a death certificate is a public record under Section 119.011(1), Florida Statutes (1983)....

s. 24 Art. I of the *271State Constitution.” § 119.011(8), Fla. Stat. (2006). In 1993, section 39.045(9)

requested records after a hearing held pursuant to section 119.11, Florida Statutes (2017). They then filed a

also sought an expedited hearing pursuant to section 119.11(1) of the Florida Statutes. On or -about

...of "any public body, officer or employee of the state, or persons acting on their behalf, " including an "entity created pursuant to law...." (Emphasis added). Pursuant to this provision, the legislature enacted Chapter 119 of the Florida Statutes. Section 119.011(2) broadly defines the term "agency" to include any private business entity "acting on behalf of any public agency." The Sunshine Law: Article 1, section 24(b) of the Florida Constitution requires that "[a]ll meetings of any ......

of mandamus directed to Defendants pursuant to § 119.11 of the Florida Statutes, Fla. R. Civ. P. 1.680

...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....

...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....

...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....

At the accelerated hearing held pursuant to section 119.11, Florida Statutes, the plaintifRappellant’s

...2d DCA 2002), the public record statute defining "public record" and the Florida Constitution require disclosure of documents made or received pursuant to law or ordinance or in connection with the transaction of official business. Id. at 846 (quoting section 119.011(1), Fla....

...ction with public business. We agree. The statutory definition of "public records" is "all documents, . . . regardless of the physical form [or] characteristics . . . made . . . in connection with the transaction of official business by any agency." § 119.011(11), Fla. Stat. (2007). In Shevin v. Byron, Harless, Schaffer, Reid & Assoc., Inc., 379 So.2d 633, 640 (Fla.1980), the Florida Supreme Court, construed this statutory definition as follows: 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....

...of the memorandum. This opinion shall take effect immediately notwithstanding the filing of any motion for rehearing or rehearing en banc. Reversed and remanded with directions. NOTES [1] The Commissioner did not appear at the hearing below. [2] See § 119.011(2), Fla....

request asked for “public records” as defined by section 119.011, Florida Statutes; the records requested existed

...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.......

...must comply with the provisions of chapter 119, Florida Statutes (1995), including those that require a records custodian to make the documents available for inspection and copying by any person (including Booksmart). "Public records," as defined by section 119.011(1), Florida Statutes (1995): "[M]eans 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...

...Shevin v. Byron, Harless, Schaffer, Reid & Assocs., 379 So.2d 633, 640 (Fla.1980): "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....

...As the documents are public records and are turned over to the keeping of Barnes & Noble to serve the purposes of the universities (as well as those of Barnes & Noble), Barnes & Noble is the custodian of these public records, thus is an agent of the universities. [4] See section 119.011(2), Florida Statutes (1995) (defining an agency so as to include private entities acting on behalf of any public agency)....

...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...

...prevent public disclosure of certain documents released to the defense. One exception is to prevent the release of information prior to trial which would be defamatory to the good name of a victim or witness, an exception which could apply here. See § 119.011(3)(c)5.a., Fla....

...However, the names and addresses of the defendant and victim of a crime are not considered protected information and are thus subject to disclosure, the only exemption being the disclosure of the names of victims of sexual battery, assault, or other sex crimes. § 119.011(3)(c)2, Fla. Stat. (1989). The statute also provides that criminal intelligence information shall be considered public documents, once released to defendants, with the exceptions as set forth in section 119.011(3)(c)5....

...Clearly the John Does face a dilemma. Under Miami Herald v. Lewis , the news media is to be given notice of closure motions, and the hearing on the motion is open to the media. Yet to make the particularized showing necessary to sustain closure under section 119.011(3)(c)5 in a public hearing would defeat the very purpose for which the motion was brought....

...found that the release of such information would, a) be defamatory to the good name of a victim or witness or would jeopardize the safety of such victim or witness; and b) impair the ability of a state attorney to locate or prosecute a codefendant." § 119.011(3)(c)5, Fla....

...[3] The trial court saw the client list, but there is no indication in our record that anyone was told the identity of the individuals who were represented at the hearing and who filed the affidavits. [4] Furthermore if they are "victims," then there is no exemption for the release of their names. See Fla. Stat. 119.011(3)(c)2.

Document” includes only public records. Fla. Stat. § 119.011(12). “Public Records” means all documents, papers

...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....

decline to reach the remaining issues. Section 119.11(1), Florida Statutes (2015), provides: “Whenever

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

court held an evidentiary hearing pursuant to section 119.11, Florida Statutes, on the public records claim

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

1049 (Fla. 4th DCA 2010) (citations omitted). Section 119.011(3)(a), Florida Statutes, defines criminal intelligence

in the state attorney's file in his case. See § 119.11, Fla. Stat. (2009); Roesch v. State, 633 So.2d

failed to obtain a stay order as required by Section 119.11(2), Florida Statutes (1975), which says a notice

access to public records under the statute. Section 119.11(1), Florida Statutes, provides: "Whenever an

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

...[3] See, Occidental Chemical Co. v. Mayo, 351 So.2d 336 (Fla. 1977). [4] See, opinion letter to Alvin J. Taylor, 81 Fla. Atty. Gen. 51 (July 8, 1981). [1] The Public Records law defines "agency" as "any state ... officer ... acting on behalf of any public agency." Section 119.011(2), Florida Statutes....

“Public records” has the meaning set forth in section 119.011(1), Florida Statutes(1997). (2) “Trial court”

...3d DCA 2001), we grant the petition and quash the order. In May, 2006, Knight-Ridder, Inc., which publishes "The Miami Herald," filed a complaint against the Playhouse seeking inspection of its records under section 119.07. The complaint alleges that the Playhouse is "a public agency as defined by section 119.011(2)," Florida Statutes (2006), and is therefore required to produce its documents....

...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....

jurisdiction does not lie in this court in any event. See § 119.11, Fla.Stat. (2000); see also Weeks v. Golden, 764

of a crime”—was not implicated. See § 119.011(3)(c)2., Fla. Stat. (2017) (“Criminal investigative

formalize knowledge of some type. . . ." 3 Section 119.011(1), Fla. Stat. 4 There are, however, a number

§ 817.568(5), Fla. Stat. and § 119.011, Fla. Stat. If you find

“Public records” has the meaning set forth in section 119.011(1), Florida Statutes (1997). (2) “Trial court”

"Public records" has the same meaning as in section 119.011, Florida Statutes, and specifically includes

entity acting on behalf of any public agency. Section 119.011(2). Thus, a complaint alleging an unlawful

interpreted the definition of a public record in section 119.011(1), Florida Statutes, to encompass all materials

...[1] The issue before us is whether the Department's confidential investigative records are subject to discovery by Dr. Poss for use in cross-examining the Department's expert witness in the disciplinary proceedings against him. The records are public records as defined in section 119.011(12), Florida Statutes....

entity acting on behalf of any public agency. [Section 119.011(2), F. S.] Since, according to the information

Law, the term "public records" is defined in section 119.011(12), Florida Statutes: "`Public records' means

mean an entity or individual as defined in section 119.011(2), Florida Statutes, that is subject to the

the legislature expressed public policy in section 119.11(2), Florida Statutes (1979), by providing for

A. Butterworth Attorney General RAB/tgh 1 Section 119.011(1), Fla. Stat. 2 See, Wait v. Florida Power

Herald argued that pursuant to Florida Statute section 119.011(3)(c)(5), once the United States Attorney’s

under the applicable statutes. In construing section 119.11, to permit actions both to compel the custodian

Associates, Inc.,379 So.2d 633 (Fla. 1980). 11 Section 119.011(2), Fla. Stat. 12 695 So.2d 501 (Fla. 5th DCA

information” from the Public Records Act. Section 119.011(3)(c)5 in turn states that “criminal investigative

documents recorded in the Official Records. Section 119.011(1), F.S. defines "public records" as "all documents

over other pending cases in accordance with section 119.11(1), Florida Statutes (2012). Accordingly, we

entity “acting on behalf of any public agency.” § 119.011(2), Fla. Stat. (2013). “This broad definition

A. Butterworth Attorney General RAB/tls 1 Section 119.011(1), Fla. Stat. (1993). 2 See, Wait v. Florida

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

compensation claims. 8 Section 119.07(1)(a), F.S. 9 Section 119.011(1), F.S. 10 Section 119.07(3)(a), F.S. 11 See

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

dictation."4 The definition of "[a]gency" in section 119.011(2), Florida Statutes, is equally broad and

purpose. 4 Section 119.011(3)(a), F.S. 5 Section 119.011(3)(d)1., F.S. 6 Section 119.011(3)(b), F.S.

agency is recognized elsewhere in Ch. 119, F.S. Section 119.011(1), in defining the term "Public records" for

obligation to produce public records pursuant to section 119.11, Florida Statutes — is the proper way to obtain

should remain confidential at this time. See § 119.011(3)(c)5.a., Fla. Stat. (2012); Jews for Jesus,

failing to have a hearing as is required by section 119.11(1), *1175Florida Statutes (2006), before issuing

transaction of official business by any agency. [Section 119.011(1), F. S.] "Agency" means: . . . any state

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

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

departure from the essential requirements of section 119.11(1), Florida Statutes (2014), which provides

Associates, Inc., 379 So. 2d 633 (Fla. 1980). 2 Section 119.011(2), Fla. Stat. 3 Section 286.011(1), Fla. Stat

investigative" or "criminal intelligence" information.8 Section 119.011(3)(d), Florida Statutes, provides that: "1

the case priority over other pending cases. Section 119.-11(1). When the court orders an agency to open

to the provision in the public records law, section 119.11, Florida Statutes (2013), that requires the

construed the above statutory definition. 2 Section 119.011(2), Fla. Stat. 3 See, e.g., Parsons Whittemore

department which contain criminal penalties. Section 119.011(1), F.S., defines "public records" to encompass

require disciplinary action. QUESTION TWO Section 119.011(1), F.S., defines "public record" to include

criminal investigative information as defined in section 119.011(3), Florida Statutes. While much of the data

investigative information," as defined in section 119.011. Those exemptions did not apply here

“Public records” has the meaning set forth in section 119.011(1), Florida Statutes (199-7). (2) “Trial court”

119.011(3)(b) and (c), Fla. Stat. (1995). 3 Section 119.011(3)(d), Fla. Stat. (1995). 4 See, Williams v

andAssociates, 379 So.2d 633 (Fla. 1980). 2 Section 119.011(2), Fla. Stat. (1996 Supp.). 3 See, News and

open for personal inspection by any person. Section 119.011(1), Florida Statutes, defines "public records"

"public records" for purposes of Ch. 119. Section 119.011(1), F.S., defines "public records" to mean

General RAB/tls 1 Section 119.01(1), F.S. 2 Section 119.011(1), F.S. 3 See, s. 119.07(3), F.S. 4 Section

produce the records, Hawkes filed suit to enforce section 119.11 of the Public Records Law. The trial court

entity acting on behalf of any public agency.' Section 119.011(2), F.S. It is therefore clear that the Unemployment

pertain[ed] to City business.” Pursuant to section 119.11(1), 2 the trial court conducted an April 12

...Stat. § 119.071(2)(c) exempts "active criminal investigative information" from disclosure under the public records act. Thus, subsection 112.533(2)(b) and the limits it imposes do not apply to active criminal investigations. Pursuant to Fla. Stat. § 119.011(3)(d)(2), "criminal investigative information shall be considered `active' as long as it is related to an ongoing investigation which is continuing with a reasonable, good faith anticipation *406 of securing an arrest or prosecution in the foreseeable future." Unlike non-criminal internal affairs investigations, which are subject to the 45-day presumption in subsection 112.533(2)(b), there is no 45-day presumption of inactivity for criminal investigations in subsection 119.011(3)(d)(2)....

And Associates, 379 So.2d 633 (Fla. 1980). 2 Section 119.011(2), Fla. Stat. (1993). 3 596 So.2d 1029 (Fla

appear to thwart the language emphasized above. Section 119.011, F. S., defines public records to include

“connection with official agency business” under § 119.011(1); Florida Statutes.1 Acting as Florida Commissioner

transaction of official business by any agency.” § 119.011(1), Fla.Stat. (1977). School Board does not challenge

for a personal inspection by any person.' Section 119.011, F. S., defines `public records' and `agency'

hearing on petitioner's public record request. See § 119.11, Fla. Stat. (2009); Woodfaulk v. State, 935 So

transaction of official business by any agency." [Section 119.011(1), F.S.] Since the Board of Dentistry is authorized

records confidential or exempt from disclosure.3 Section 119.011(1), Florida Statutes, defines "[p]ublic records"

reference to section 164.1041(1), argues that section 119.11 is a “procedure[] for challenges to specific

furnished. His request was denied. Citing section 119.-011, Florida Statutes, the complaint alleged that

court to set an immediate hearing pursuant to section 119.11, Florida Statutes, on the petitioner's public

Dictionary (Office Edition, 1983) p. 185. 12 Section 119.011(12), Fla. Stat., defining "[p]ublic records

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

alternatively, was exempt from disclosure. Invoking section 119.11, Florida Statutes, Stern sought an accelerated

public records and need not be disclosed....” Section 119.011(1), Florida Statutes, defines public records

775.15 or other statute of limitation. 9 Section 119.011(3)(a), F.S. And see, s. 119.011(4), F.S., defining

Stat., and s. 119.07(1)(a), Fla. Stat. 8 Section 119.011(1), Fla. Stat. 9 See, 17 U.S.C.A. s. 106. 10

the trial court to set a hearing pursuant to section 119.11, Florida Statutes. Under that authority we

Herald-Tribune made demand that they be disclosed. § 119.011(3)(d)(2), Fla.Stat. (1988 Supp.). Therefore, the

The term "redact" is statutorily defined in section 119.011(12), Florida Statutes, to mean "to conceal

exempt from the provisions of subsection (1).” Section 119.-011(3)(b) defines “criminal investigative information”

records from disclosure). 4 Section 119.011(3)(d)1., F.S. 5 Section 119.011(3)(d)2., F.S., also providing

created exemption to ch. 119, Fla. Stat.). 3 Section 119.011(1), F.S. (1993). 4 See, Op. Att'y Gen. Fla

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

Attorney’s Office is an “agency” as defined by section 119.011, Florida Statutes. See State v. Kokal, 562

2 Section 322.20(2), Florida Statutes. 3 Section 119.011(1), Fla. Stat., defines "[p]ublic records"

(1993). 2 Article I, s. 24(a), Fla. Const. 3 Section 119.011(1), Fla. Stat. (1993). And see, Shevin v. Byron

formalize knowledge of some type. . . ." 3 Section 119.011(1), F.S. And see, s. 119.011(2), F.S., defining

A. Butterworth Attorney General RAB/tgh 1 Section 119.011(1), Fla. Stat. 2 See, Shevin v. Byron, Harless

the “actual cost” as that term is defined in section 119.011(1), Florida Statutes, we hold that a determination

access requirements of [the Public Records Act]." § 119.011(8), Fla. Stat. (2018). The Public Records Act

access requirements of [the Public Records Act].” § 119.011(8), Fla. Stat. (2018). The Public Records

...ations Network, Inc., a private corporation that contracted with the County. The trial court determined that the data base created by Emergency Communications was not a public record because Emergency Communications was not an "agency" as defined by section 119.011(1), Florida Statutes (2009), of the public records act whether tested by the totality-of-factors standard articulated in News & Sun-Sentinel Co....

Criminal investigative information is defined in section 119.011(3)(b), Florida Statutes, as: "[I]nformation

Stat., and s. 119.07(1)(a), Fla. Stat. 19 Section 119.011(1), Fla. Stat. 20 See s. 744.368(3), Fla. Stat

refuse this privilege to any citizen . . . . Section 119.011, F.S., states For the purpose of this act:

related to pending prosecutions or appeals.” § 119.011 (3)(d)(2); see also Barfield v. City of Fort Lauderdale

Bill McCollum Attorney General BM/tals 1 Section 119.011(12), Fla. Stat. 2 Article I, s. 24, Fla. Const

Associates, Inc., 379 So.2d 633 (Fla. 1980). 15 Section 119.011(2), F.S. 16 17 F.L.W. S156 (Fla., filed March

" The term "public records" as defined in section 119.011 encompasses those documents referred to as

corporate and politic (or governmental agencies). Section 119.011(1), F. S., defines public records to include

“Public records” has the meaning set forth in section 119.011(1), Florida Statutes (1997). (2) “Trial court”

of official business by any agency. (e.s.) Section 119.011(2), F.S., defines "agency" to mean "any state

section 281.301 or section 119.071(3)(a). Section 119.011(12), Florida Statutes (2012), defines public

pursuant to the county's risk management program. Section 119.011(1), Florida Statutes, defines "Public records"

arrest or prosecution in the foreseeable future.” § 119.011(3)(d)2, Fla.Stat. (1987). Here, no good faith

RAB/tgh 1 Section 119.01(1), Fla. Stat. 2 Section 119.011(1), Fla. Stat. 3 See, Ops. Att'y Gen. Fla.

refuse this privilege to any citizen. . . . Section 119.011, F.S., states For the purpose of this act:

transaction of official business by any agency. [Section 119.011(1), F.S.] "Agency" is defined to include:

Act, as is reflected in the title of section 119.11—"Accelerated hearing; immediate

...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....

performance of the order appealed, controls over Section 119.11(2), Florida Statutes (1975), which provides

personal inspection at all times by any person.1 Section 119.011(1), F.S., defines "[p]ublic records" to include:

...Miami-Dade County appeals a circuit court order granting a petition for mandamus filed by the Professional Law Enforcement Association. The order requires the aviation unit of the County Police Department to allow the Association to inspect and copy the pilots' personal flight logs as "public records" within the meaning of section 119.011(11), Florida Statutes (2008)....

...That argument is unavailing; the fact that pertinent information may exist in more than one format is not a basis for exemption or denial of the request. Warden v. Bennett, 340 So.2d 977 (Fla. 2d DCA 1976). Affirmed. NOTES [1] The quoted language is one of the two alternative predicates identifying a "public record" under section 119.011(11)....

investigative" or "criminal intelligence" information.1 Section 119.011(3)(d), Florida Statutes, provides that: 1.

transaction of official business by any agency." Section 119.011, F.S. Since the city operates this utility

Romine, 719 So. 2d 19 (Fla. 2d DCA 1998). 11 Section 119.011(2), Fla. Stat. 12 Section 119.071, Fla. Stat

not limited to, members of the Legislature. Section 119.011(2), F. S.; AGO 075-282. AS TO QUESTION 1: Section

be a public record within the definition of section 119.011, Florida Statutes. The fact that the e-mail

the transaction of official business. . . . [Section 119.011(1), F.S.] Section 119.07(1), F.S., requires

personal inspection and copying by any person.6 Section 119.011(11), Florida Statutes, defines "[p]ublic records"

(2) failed to have a hearing as required by section 119.11(1), Florida Statutes, before denying his public

transaction of official business by any agency.” § 119.011(12), Fla. Stat. (2022); see also State v. City

prosecuting appellee in the foreseeable future. See § 119.011(3)(d)2, Fla. Stat. (1991). Thus, it did not constitute

his case was not “active”, as defined under section 119.011(3)(d)2,1 when he filed his petition. The state

times for personal inspection by any person.1 Section 119.011(1), F.S., defines "public records" to include

reasonably anticipated criminal activities.' Section 119.011(3)(d)1. Criminal investigative information

times for personal inspection by any person. Section 119.011(1), Florida Statutes, defines "public records"

transaction of official business by any agency. Section 119.011(1), F. S., was brought into the statute by

records confidential or exempt from disclosure.2 Section 119.011(12), Florida Statutes, defines "[p]ublic records"

have requested my opinion in this matter. Section 119.011(1), F.S., defines `public records' as:

requested that each copy be sold for $35.00. Section 119.011(1), F.S., defines "public records" as

...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....

...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....

employee, or persons acting on their behalf.2 Section 119.011(1), Florida Statutes, defines "Public records"

facilities was not subject to s. 286.011, F.S. 6 Section 119.011(2), F.S., defining "agency" to include "any

amended by s. 1, Ch. 90-43, Laws of Florida. 2 Section 119.011(2), F.S., defines "[a]gency" to include any

constituted a “public record” within the meaning of section 119.011(1), Florida Statutes (1981) and was not exempt

agency is subject to the Public Records Law, section 119.011(2), Florida Statutes, defines "agency" to include:

moved for an accelerated hearing pursuant to section 119.11 of the Florida Statutes.1 During the

found in section 119.0713. See also § 119.011(8), Fla. Stat. (2019) (defining “exemption” as

Chapter 120, Florida Statutes, or another law. See § 119.011(12), Fla. Stat. (defining “public records” to

...ed, that independently exercises any type of state or local government function." Further, for the purpose of determining whether a quasi-public corporation contracting with a public body is deemed an "agency" for purposes of the Public Records Law, § 119.011(2), Florida Statutes (1995), or acting "on behalf of" a public body for purposes of the Sunshine Law, article 1, section 24, Florida Constitution, courts have looked to whether the contracting party provides material or services to or for the public body or in place of services provided by the public body....

Associates, Inc., 379 So.2d 633, 640 (Fla. 1980). 6 Section 119.011(2), Fla. Stat. 7 See, e.g., Locke v. Hawkes

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

Associates, Inc.,379 So.2d 633 (Fla. 1980). 3 Section 119.011(2), Fla. Stat. 4 See, e.g., Ops. Att'y Gen

Chapter 119, Florida Statutes. Pursuant to section 119.011(3), (a) "Criminal intelligence information"

established by law." (Emphasis supplied.) Section 119.011(2), F.S. Since one of the statutory duties

matter of law[,] an agency, as defined in section 119.011(2), Florida Statutes, is required, in response

A. Butterworth Attorney General RAB/tjw 1 Section 119.011(1), Fla. Stat. 2 See, Shevin v. Byron, Harless

seeking disclosure of public records. See § 119.11. The City moved to dismiss the complaint because

qualify as criminal investigative information.13 Section 119.011(3)(b), F.S., defines "[c]riminal investigative

a public [“]agency[”] as defined in [section] 119.011(2), Florida Statutes (2022), and is subject

and there was no statutory exemption under section 119.011, Florida Statutes (2018), to shield the names

should have been made available to Mr. Barfield. § 119.011(3)(c)l, Fla. Stat. See also Fla. Freedom Newspapers

maintained by the municipal police department. Section 119.011(1), F.S., defines "public records" as "all

transaction of official business by any agency. [Section 119.011(1), F. S.] "Agency" is defined to include:

andAssociates, Inc., 79 So.2d 633 (Fla. 1980). 4 Section 119.011(2), Fla. Stat. (1996 Supp.). 5 596 So.2d 1029

Appellant is entitled to an accelerated hearing. § 119.11(1), Fla. Stat. (2009); Woodfaulk v. State, 935

records confidential or exempt from disclosure.1 Section 119.011(11), Florida Statutes, defines "[p]ublic records"

disclosure or whether they may be destroyed. Section 119.011(1), Florida Statutes, defines "public records"

all state, county, and municipal records. Section 119.011(1), Florida Statutes, defines the phrase "[p]ublic

public inspection pursuant to s 119.07, F.S. Section 119.011(1), F.S., defines public records to include

investigative information," as defined in section 119.011(3)(b), Florida Statutes, that would not be

public records, I would generally note that section 119.011(5), Florida Statutes, defines "Custodian of

definition of "public record" contained in section 119.11, Florida Statutes. Similarly, whether the Facebook

and copying pursuant to s. 119.07(1), F.S. Section 119.011(1), F.S., defines "public records" to include

exempt or confidential.1 "Agency" is defined in section 119.011(2), Florida Statutes, to expressly include

17 See, s. 119.07(1), Fla. Stat. (1993). 18 Section 119.011(2), Fla. Stat. (1993). 19 352 So.2d 1230 (Fla

could obtain such without restrictions, see § 119.011(3)(c)5, Florida Statutes (1997);3 yet the trial

times for personal inspection by any person. Section 119.011(1), Florida Statutes (1996 Supplement), defines

until the conclusion of litigation. See also § 119.011(3)(d)(2), Fla. Stat. (1999) (providing that criminal

thus subject to the provisions of ch. 119. Section 119.011(1) defines `public records' to include all

Legislature has defined these terms for us as follows: § 119.011 Definitions — ... (3)(a) “Criminal intelligence