Arrestable Offenses / Crimes under Fla. Stat. 119.07
S119.07 - PUBLIC ORDER CRIMES - PUBLIC RECORDS INSPECT COPYING PHOTOGRAPH VIOL - M: F
S119.07 1a - PUBLIC ORDER CRIMES - VIOL PUBLIC REC TIME CONDITIONS INSPECT SUPERV - M: F
S119.07 1b - PUBLIC ORDER CRIMES - VIOL PUBLIC REC CUSTODIAN DESIGNEE DISCLOSURE - M: F
S119.07 1c - PUBLIC ORDER CRIMES - VIOL PUBLIC RECORD ACKNOWLEDGE REQUEST RECORDS - M: F
S119.07 1d - PUBLIC ORDER CRIMES - FAIL REDACT EXEMPT INFO PRODUCE PUBLIC RECORD - M: F
S119.07 1e - PUBLIC ORDER CRIMES - FAIL TO CITE STATUTORY EXEMPTION PUBLIC RECORD - M: F
S119.07 1f - PUBLIC ORDER CRIMES - CUSTODIAN FAIL PROV WRITTEN REAS EXEMPT PUBREC - M: F
S119.07 1g - PUBLIC ORDER CRIMES - VIOLATE COURT REQ TO PROVIDE PUBLIC RECORDS - M: F
S119.07 1h - PUBLIC ORDER CRIMES - DISPOSE NON PUBREC 30DAYS AFTR REQUEST INSPECT - M: F
S119.07 3s - PUBLIC ORDER CRIMES - RENUMBERED. SEE REC # 5786 - M: F
S119.07 6s - PUBLIC ORDER CRIMES - RENUMBERED. SEE REC # 5963 - M: F
CopyCited 143 times | Published | Court of Appeals for the Eleventh Circuit
...nel file and the public record by a state entity, pursuant to a state statute, constitutes sufficient publication to implicate the liberty interest under the due process clause of the fourteenth amendment to the United States Constitution. Fla.Stat. § 119.07 (1987) (quoted earlier) requires the custodian of a non-exempt public record to permit the inspection of that record by any member of the public requesting to do so....
...Bolling v. Sharpe,
347 U.S. at 499-500 ,
74 S.Ct. at 694-695 . Because of the stigmatizing material in Buxton’s personnel file and the internal affairs report of the English incident, both a part of the public records pursuant to Fla.Stat. §§
119.01 and
119.07, Buxton has been foreclosed from several employment opportunities....
...§
119.01 (1983), in effect at the time of Buxton’s signed release) provides, in pertinent part:
119.01. General state policy on public records (1) It is the policy of this state that all state, county, and municipal records shall at all times be open for a personal inspection by any person. Fla.Stat. §
119.07 (1987) (substantively the same as Fla.Stat. §
119.07 (1985), in effect at the time of Buxton's signed release) provides, in pertinent part:
119.07....
CopyCited 111 times | Published | Supreme Court of Florida
...In enacting the Public Records Act, the legislature stated in section
119.01 that the statute's purpose was to open all state, county, and municipal records for personal inspection by any person. Certain public records were exempted from disclosure by section
119.07(2)(a) and (b), Florida Statutes (1975), which provides: (2)(a) All public records which presently are provided by law to be confidential or which are prohibited from being inspected by the public, whether by general or special law, shall be exempt from the provisions of subsection (1). (b) All public records referred to in ss.
794.03, 198.09, 199.222, 658.10(1),
624.319(3), (4),
624.311(2), and 63.181, are exempt from the provisions of subsection (1). The current version of section
119.07(2)(b) has added new exemptions while at the same time deleting some of the exemptions found in the 1975 version. However, these changes have no effect on our decision. New Smyrna first contends that section
119.07(2)(a) should be construed to create two separate and independent exemptions, one exemption being that presently "provided by law to be confidential" and the other being those "prohibited from being inspected by the public, whether by g...
...eges are exemptions "provided by law." In response, Florida Power & Light points out that this same argument was repudiated by the Fourth District Court of Appeal in State ex rel. Veale v. City of Boca Raton,
353 So.2d 1194 (Fla. 4th DCA 1977). When section
119.07(2)(a) was first enacted by the legislature, it provided: (a) All public records which presently are deemed by law to be confidential or which are prohibited from being inspected by the public, whether provided by general or special act...
...2d DCA 1975), rev'd,
345 So.2d 646 (Fla. 1977), held that non-statutory public policy considerations may restrict public access to documents otherwise deemed "public records" within the meaning of chapter 119. In 1975, subsequent to the Wisher decision, the legislature amended section
119.07(2)(a) by substituting the phrase "provided by law." It is this amendment by the legislature that the Fourth District, in State ex rel....
...It seems obvious therefore that the very purpose of the statutory amendment was specifically to overrule the Second District Wisher conclusion and preclude judicially-created exceptions to the Act in question.
353 So.2d at 1196. We adopt the rationale of the Fourth District and hold that, in enacting section
119.07(2), Florida Statutes (1975), the legislature intended to exempt those public records made confidential by statutory law and not those documents which are confidential or privileged only as a result of the judicially created privileges of attorney-client and work product....
...If the common law privileges are to be included as exemptions, it is up to the legislature, and not this Court, to amend the statute. New Smyrna next argues that, even if the common law privileges are not "provided by law" and therefore were not incorporated in section 119.07(2), Florida Statutes (1975), public policy considerations compel recognition of these litigation-related privileges as exemptions to the act....
...c documents. It is the federal agency *425 before whom the litigation is pending and not this Court which will decide whether documents obtained pursuant to chapter 119 can be used in that litigation. Another argument presented by New Smyrna is that section 119.07(1) should be construed to provide for reciprocal disclosure by Florida Power & Light....
...In essence, New Smyrna contends we should hold that, if Florida Power & Light is to have access to traditionally privileged documents possessed by New Smyrna, then it should have comparable access to Florida Power & Light's files. New Smyrna cites the language of section 119.07(1), which provides that disclosure be permitted only "under reasonable conditions" and maintains that reciprocal disclosure by Florida Power & Light is not only equitable but is also a reasonable condition for disclosure of sensitive, litigation-related documents....
...We find no merit in New Smyrna's argument because we do not equate the acquisition of public documents under chapter 119 with the rights of discovery afforded a litigant by judicially-created rules of procedure and because we simply cannot construe the language of section 119.07(1) in the fashion suggested by New Smyrna....
CopyCited 63 times | Published | Supreme Court of Florida
...be open for a personal inspection by any person." Section
119.01(1). This fundamental policy in essence places all government records on the table for open inspection by all. While there are certain statutory exemptions from this initial disclosure, section
119.07 and the statutes cross-referenced therein, the public disclosure of the content of all nonexempt records occurs at the moment they become records....
...Florida Power and Light Co.,
372 So.2d 420 (Fla. 1979) (exemptions limited solely to those provided by statute). To literally place the records on the public table would be unrealistic. The legislature thus provided a procedure for making the records available for inspection. Section
119.07(1)(a) mandates that "Every person who has custody of public records *1078 shall permit the records to be inspected and examined by any person desiring to do so, at reasonable times, under reasonable conditions, and under supervision by the custodian of records or his designee." Section
119.07(2)(a) provides that if the custodian believes certain items are statutorily exempt he "shall produce for inspection and examination" the record with the asserted exempt material deleted. Section
119.11 provides for an accelerated court hearing when, inter alia, the party seeking to inspect a record challenges the exemption asserted by the custodian under section
119.07(2)(a)....
...we decline to do. Delaying inspection to allow an employee to be present during the inspection of his personnel records is not within the legislative scheme. The Act provides for the custodian or his designee to supervise the inspection of records. Section 119.07(1)(a)....
...enge, we can only say that the time when the record is requested is not the time to raise such a challenge. The only challenge permitted by the Act at the *1079 time a request for records is made is the assertion of a statutory exemption pursuant to section 119.07....
...BOYD, C.J., and ADKINS, OVERTON, ALDERMAN, McDONALD and SHAW, JJ., concur. NOTES [1] The district court also held that the officers had no privacy interest in their personnel records, and that personnel records could never be criminal investigative or intelligence information which are exempted from inspection by section 119.07(3)(d)....
CopyCited 60 times | Published | Florida 5th District Court of Appeal | 12 Fla. L. Weekly 2047
...Miami Herald Publishing Co.,
462 So.2d 821 (Fla. 1985). Petitioner's second argument is that the order compelling production departs from the essential requirements of law because it fails to order an in camera inspection of the documents to be produced. Petitioner contends that Section
119.07(2)(b), Florida Statutes (1985) requires that the items subject to production be submitted to the court for an in-camera inspection when an exemption based on the attorney/client privilege has been claimed....
...v. Public Records, supra. Petitioner's remaining arguments are without merit, and therefore the petition for writ of certiorari is denied. PETITION DENIED. UPCHURCH, C.J., and SHARP, J., concur. NOTES [1] Florida Statute
119.01 et seq. (1985). [2] Section
119.07(2)(b) provides that: In any civil action in which an exemption to sub-section (1) is asserted, if the exemption is alleged to exist under or by virtue of paragraph ....
...... If the court finds that the asserted exemption is not applicable, it shall order the public record or part thereof in question to be immediately produced for inspection, examination or copying as requested by the person seeking such access. [3] Section 119.07(3)( o ) provides: "A public record which was prepared by an agency attorney (including an attorney employed or retained by the agency ......
CopyCited 56 times | Published | Florida 2nd District Court of Appeal
...In a quandary about the several requests for public disclosure, the Pasco County Sheriff, custodian of the records, filed an action for declaratory judgment in Pasco County Circuit Court asking whether the records sought 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)....
...We think not and reverse the holding of the lower court. *483 The basic premise of the Public Records Act is that all state, county and municipal records in Florida are open to public inspection and examination unless specifically exempted by statute. §§
119.01(1) and
119.07(a) through (u), Fla....
...lorida Rule of Criminal Procedure 3.850, or any other proceeding other than the first appeal of right. In view of our holding, it may not have been an abuse of discretion for the circuit court not to conduct an in camera inspection in this case. See § 119.07(2)(b), and (3)(d), Fla....
...sure.") Unless the custodian of the requested records asserts and sustains a specific exemption to disclosure, the information must be made available to the public. Tribune Co. v. Cannella,
458 So.2d at 1078-79. *485 The circuit court also construed section
119.07(4), Florida Statutes, "to require disclosure of otherwise exempt records only if made part of an open court file, not simply provided as a part of discovery." This implies that material provided to defendants under the rules of discove...
...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....
CopyCited 55 times | Published | Supreme Court of Florida | 1990 WL 55956
...granted, he would then have been in a position to make specific Brady allegations. At this Court's request, the parties submitted supplemental briefs on this issue. The state justifies the refusal to provide access to the state attorney's file upon section 119.07(3)(d), Florida Statutes (1989), which exempts the disclosure of active criminal investigative information and section 119.07(3)( o ), Florida Statutes (1989), which exempts certain portions of attorney work product from disclosure until the conclusion of litigation....
...Public Records,
493 So.2d 480 (Fla. 2d DCA 1986), review denied,
503 So.2d 327 (Fla. 1987), we held that criminal investigative information with respect to a defendant is no longer active when his conviction and sentence have become final. We also held that the exemption under section
119.07(3)(d) expired when the defendant's conviction and sentence became final....
CopyCited 53 times | Published | Florida 5th District Court of Appeal | 1991 Fla. App. LEXIS 711, 1991 WL 9576
...State,
222 So.2d 769 (Fla. 3rd DCA 1969); §
119.011(1), Florida Statutes (1987). The appellees' contend that under no circumstances can anyone ever be liable in tort for display of a public record. That argument is based partly on the provision of section
119.07(1)(a), Florida Statutes (1987), that "Every person who has custody of a public record shall permit the record to be inspected and examined by any person desiring to do so ...", and partly on the last sentence of Article I, section 23 of the Florida Constitution Right of privacy....
... Every natural person has the right to be let alone and free *687 from governmental intrusion into his private life except as otherwise provided herein. This section shall not be construed to limit the public's right of access to public records and meetings as provided by law. Subsection 119.07(3), Florida Statutes (1987), provides exemptions to the requirement that public records be made available for public inspection....
...w, [3] is a tortious interference with the survivor's property right and interest in protecting the dignity of the dead body until it is properly interred or cremated. NOTES [1] The Minneola Police Department had no video camera or video player. [2] § 119.07(3)(d), Florida Statutes (1987)....
CopyCited 53 times | Published | Supreme Court of Florida | 2000 WL 381484
...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. Section
119.07(3)(b), Florida Statutes (1999), exempts active criminal intelligence and investigative information from disclosure as a public record, while section
119.07(3)( l ), exempts public records prepared by an agency attorney from disclosure until conclusion of the litigation....
...blic 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....
CopyCited 44 times | Published | Supreme Court of Florida | 1990 WL 49775
...orts. However, the state attorney asserts that many of his records are not subject to the Public Records Act because of exemptions contained therein and that other documents 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....
...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. The other exemption under the public records law relied upon by the state attorney is section
119.07(3)( o ) which states, in part: A public record which was prepared by an agency attorney (including an attorney employed or retained by the agency or employed or retained by another public officer or agency to protect or represent the i...
...f criminal litigation or imminent adversarial administrative proceedings, is exempt from the provisions of subsection (1) until the conclusion of the litigation or adversarial administrative proceedings. The rationale set forth above with respect to section 119.07(3)(d) appears equally applicable to section 119.07(3)( o )....
CopyCited 38 times | Published | Florida 1st District Court of Appeal
...nce. 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....
...*931 Even if the type of answers to questions posed by Ivester's counsel did fall within the definition of a "public record," the Public Records Act could not be used to shield one from answering questions at a deposition that are relevant to a criminal prosecution. While Section 119.07(3), Florida Statutes, does foreclose certain items from public inspection the provisions of Section 119.07, Florida Statutes, are not intended to limit the effect of Rule 3.220, the discovery provisions, of the Florida Rules of Criminal Procedure. See § 119.07(5), Fla....
CopyCited 37 times | Published | Supreme Court of Florida | 1998 WL 716672
...In rejecting this argument, the Barfield court stated: We conclude that when a criminal justice agency transfers protected information to another criminal justice agency, the information retains its exempt status. We believe that such a conclusion fosters the underlying purpose of section 119.07(3)(d), which is to prevent premature public disclosure of criminal investigative information since disclosure could impede an ongoing investigation or allow a suspect to avoid apprehension or escape detection....
CopyCited 36 times | Published | Court of Appeals for the Eleventh Circuit | 2009 U.S. App. LEXIS 27973, 2009 WL 4893688
...through the sale of drivers’ personal information. In May 2004, almost four years
after the effective date of the DPPA amendment, Florida amended its public
records statute to comply with the DPPA’s express consent requirements. See Fla.
Stat. § 119.07(3)(aa)(12)....
CopyCited 33 times | Published | Supreme Court of Florida | 11 Fla. L. Weekly 474
...uce its litigation file, excluding attorney's notes and papers and pleadings filed with the court, to the adversary party in ongoing litigation. In so holding, the court found inapplicable the limited statutory attorney-client exemption set forth in section 119.07(3)( o ), Florida Statutes (Supp....
...The City declined to produce, arguing that the file was protected by the work product rule and the attorney-client privilege. In December, 1984, the trial court rejected both claims and entered an order requiring the City to produce the file. In so ruling, the trial court refused to apply the statutory exemption of section 119.07(3)( o )....
...e under the Public Records Act by providing a temporary exemption from disclosure. The exemption also brings the statute into accordance with Florida Rule of Civil Procedure 1.280(b)(2). Upon remand, then, the trial court must examine the file under section 119.07(2)(b), Florida Statutes (1985), and prohibit the disclosure only of those records reflecting "a mental impression, conclusion, litigation strategy, or legal theory of the attorney or the agency." § 119.07(3)( o ); City of Miami Beach v....
CopyCited 33 times | Published | Supreme Court of Florida | 10 Fla. L. Weekly 129
...The following questions have been certified as being of great public importance: I. ARE THE EMPLOYEE RECORDS, KEPT AS PART OF A TAX-SUPPORTED HOSPITAL'S PERMANENT FILES AND RECORDS, GENERALLY "PUBLIC RECORDS" WITHIN THE SCOPE OF CHAPTER 119? II. ARE THE HOSPITAL'S EMPLOYEE RECORDS EXEMPTED FROM CHAPTER 119 BY SECTION 119.07(3)(a) OR BY SECTION 119.07(3)(f)? III....
CopyCited 33 times | Published | Court of Appeals for the Eleventh Circuit | 2005 U.S. App. LEXIS 18406, 2005 WL 2043055
...legislation to ensure compliance with
this amendment to the DPPA. Florida was the only state that did not immediately
comply. Instead, Florida waited until May 13, 2004, to amend its public records
statute to comply with the DPPA. See Fla. Stat. § 119.07(3)(aa)(12); 2004 Fla.
Sess....
CopyCited 32 times | Published | Florida 4th District Court of Appeal
...the public official responsible for maintaining the public records. Access by the use of a specially designed program prepared by or at the expense of the applicant may obviously be permitted in the discretion of the public official and pursuant to Section 119.07(1)....
CopyCited 31 times | Published | Court of Appeals for the Eleventh Circuit | 2017 WL 2636542, 2017 U.S. App. LEXIS 10807
...to compel the production of 34 applications by Mr. Jackson for state-court orders
authorizing the use of cell phone tracking devices, which the ACLU asserted were
public records created and maintained by a Florida municipal officer and subject to
production under Florida Statute § 119.07....
CopyCited 31 times | Published | Florida 5th District Court of Appeal | 1983 Fla. App. LEXIS 19833
...records concerning reports of child abuse or neglect, including reports made to the abuse registry and to local offices of the Department and all records generated as a result of such reports, shall be confidential and exempt from the provisions of section 119.07(1), and shall not be disclosed except as specifically authorized by this section....
CopyCited 30 times | Published | Florida 4th District Court of Appeal | 10 Fla. L. Weekly 2360, 12 Media L. Rep. (BNA) 1264, 1985 Fla. App. LEXIS 16311
...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 definitions of criminal intelligence information and criminal investigative information....
...the fact that the Public Records Law first states all-inclusively that state, county and municipal records shall at all times be open for personal inspection by anyone. §
119.01. Then the statute lists specific exemptions of certain public records. §
119.07(3)....
CopyCited 29 times | Published | Supreme Court of Florida | 10 Fla. L. Weekly 183
...of America,
144 So.2d 813, 817 (Fla. 1962)." Neu, at 825. Our answer to the certified question is a qualified no. The lawyer-client privilege section of chapter 90 does not exempt written communications between lawyers and governmental clients from disclosure as public records, but section
119.07(3)( o ) does provide a limited exception within its terms. In the posture of the case the specific communications are not contained in the record nor are we told the status of the litigation to which the communications pertain. Thus, we cannot determine whether section
119.07(3)( o ) is applicable....
...McDONALD, J., dissents with an opinion, in which ALDERMAN, J., concurs. McDONALD, Justice, dissenting. It is my view that communications between a public body and its attorneys concerning litigation for which the attorney is hired are absolutely privileged without the aid of section 119.07(3)( o ), Florida Statutes (Supp....
...rney/client privilege are exempt from the disclosure requirements of the Public Records Act. The action of the trial judge in denying access to communications between the city and its attorneys should be affirmed. ALDERMAN, J., concurs. NOTES [*] Subsection 119.07(3)( o ) now reads: ( o ) A public record which was prepared by an agency attorney, including an attorney employed or retained by the agency or employed or retained by another public officer or agency to protect or represent the interes...
...If a court finds that the document or other record has been improperly withheld under this paragraph, the party seeking access to such document or record shall be awarded reasonable attorney's fees and costs, in addition to any other remedy ordered by the court. [*] § 119.07(3)(a), Fla....
CopyCited 27 times | Published | Supreme Court of Florida | 2001 WL 40375
...n "overwhelming presence" of uniformed police officers for the purpose of intimidating the jury and judge. See id. at 1333-35. Moreover, Valle claimed that the trial court erred by not requiring the Dade County State Attorney's Office to comply with section 119.07(2)(a), Florida Statutes (1999), which mandates that an agency list the basis for a claimed public records exemption....
...uniformed police officers, because Valle's counsel filed a pretrial motion to prevent the attendance of uniformed police officers. See id. Further, the Court found that the record refuted Valle's contentions regarding the State's noncompliance with section 119.07(2)(a)....
CopyCited 27 times | Published | Supreme Court of Florida | 10 Media L. Rep. (BNA) 2511
...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. This case, therefore, deals solely with access to public records. While certain records are statutorily exempted from the public's right to inspect, section
119.07, our examination of the statutes has brought to light no exemption pertaining to the records involved in this appeal....
...es (1983), and Public Records Act, chapter 119, Florida Statutes (1983). "It is the policy of this state that all state, county, and municipal records shall at all times be open for a personal inspection by any person." §
119.01, Fla. Stat. (1983). Section
119.07(1) provides: (1)(a) Every person who has custody of public records shall permit the records to be inspected and examined by any person desiring to do so, at reasonable times, under reasonable conditions, and under supervision by the custodian of the records or his designee....
...ies. Unless otherwise provided by law, the fees to be charged for duplication of public records shall be collected, deposited, and accounted for in the manner prescribed for other operating funds of the agency. Exceptions are allowed as set forth in section 119.07(3)....
...631 (1977). See also [1977] Report of the Privacy Protection Study Commission, Appendix 1: Privacy Law in the States. [2] Accord, Laird v. State,
342 So.2d 962 (Fla. 1977) (federal right of privacy does not protect smoking marijuana in own home). [3] Section
119.07(3)(a) provides: "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, are exempt from the provisions of subsection (1)." Subsections (b) through (n) of section
119.07(3) provide for specific exemptions from disclosure....
CopyCited 25 times | Published | Supreme Court of Florida | 27 Fla. L. Weekly Supp. 735, 2002 Fla. LEXIS 1878, 2002 WL 31026990
...ees (as a general rule) do not have privacy rights in such records. See Michel v. Douglas,
464 So.2d 545 (Fla.1985) (holding that with the exception of personal information for certain types of occupations that are exempted from public disclosure by section
119.07(3)(i), Florida Statutes (1999), there is no state or federal right of disclosural privacy in hospital personnel records that shields them from disclosure pursuant to a Public Records Act request)....
CopyCited 25 times | Published | Supreme Court of Florida | 1990 WL 191723
...CCR took the position that the files requested were not subject to chapter 119 disclosure because they are not the files of a government agency, but rather are the files of a private individual, Mr. Kight. CCR also maintained that the records requested were specifically exempt under section 119.07(3)( o ) because they were prepared in connection with "active litigation." The trial court granted the motion but limited the scope of the files to be disclosed to those prepared by Kight's trial counsel relating to the capital trial....
...1990), this Court addressed whether files of the state attorney pertaining to the prosecution of a defendant seeking postconviction relief are subject to disclosure under chapter 119. In Kokal, we rejected the state attorney's position that these files were exempt from public disclosure under sections 119.07(3)(d) (active criminal investigative information) and 119.07(3)( o ) (active litigation), reasoning that criminal investigative information and litigation do not remain active after a conviction and sentence becomes final on direct appeal....
CopyCited 24 times | Published | Florida 1st District Court of Appeal | 1996 WL 69116
...No attorney-client privilege was recognized. Neu v. Miami Herald Pub. Co.,
462 So.2d 821 (Fla.1985); Staff of Fla. H.R.Comm. on Gov't Operations, CS/HB 491 (1993) Final Bill Analysis & Economic Impact Statement 2 (Fla.State Archives) (hereinafter "Final Staff Analysis"). Additionally, while section
119.07(3)(n), Florida Statutes, authorized a limited work-product exemption to the public records act, this exemption was restricted to documents prepared by the agency's attorney; it did not exempt any type of return communication from the governmental client to the attorney....
CopyCited 23 times | Published | Florida 4th District Court of Appeal | 1994 WL 513939
...We answer the question affirmatively and conclude that such records retain their protected status and are exempt from court ordered public disclosure. Barfield argues that once the City of West Palm Beach shared its active "criminal investigative information" with the City of Riviera Beach the exemption provided by Section 119.07 was waived or otherwise ceased to exist....
...tion' but information pertaining to a purely administrative investigation which was subject to disclosure. When a criminal justice agency transfers criminal investigative information to another criminal justice agency, that information maintains its section 119.07(3)(d) exempt status only if the transferee agency is assisting in the criminal investigation or actively using the information for criminal intelligence purposes....
...uasive in this matter. We conclude that when a criminal justice agency transfers protected information to another criminal justice agency, the information retains its exempt status. We believe that such a conclusion fosters the underlying purpose of section 119.07(3)(d), which is to prevent premature public disclosure of criminal investigative information since disclosure could impede an ongoing investigation or allow a suspect to avoid apprehension or escape detection....
...ation with another criminal justice agency, it would have expressly provided so in the statute. Because the shooting incident records constituted "active criminal investigative information" as defined by statute, the statutory exemption contained in section 119.07(3)(d) prevents court ordered public disclosure of that criminal investigative information regardless of which agency has possession of the file....
...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....
...ance with accounting standards for certified public accountants. The attorney general based this conclusion on section
337.14(1), Florida Statutes which exempts certain parts of construction contract bid proposals from the disclosure requirements of section
119.07(1), Florida Statutes....
CopyCited 23 times | Published | Florida 3rd District Court of Appeal
...81-1858, the writ was denied and the application therefor quashed. Tober and the County have presented three arguments in this court. First, they contend that since Tober no longer has actual possession of the records sought, he is not the custodian of the records for purposes of permitting inspection under Section 119.07(1)(a), Florida Statutes (1979)....
CopyCited 22 times | Published | Florida 4th District Court of Appeal | 1997 Fla. App. LEXIS 10578, 1997 WL 574631
...e confidentiality of police records compiled during an active 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 jus...
...on is directly related to pending prosecutions or appeals. §
119.011(3)(a)-(b), (d). The Legislature provided further exemptions for any information revealing the identity of a confidential informant, a confidential source, or undercover personnel. §
119.07(3)(c), (e)....
...Lauderdale Police Dep't,
639 So.2d 1012, 1015 (Fla. 4th DCA), rev. denied,
649 So.2d 869 (Fla.1994); Florida Freedom Newspapers, Inc. v. Dempsey,
478 So.2d 1128, 1130 (Fla. 1st DCA 1985). When an exemption from disclosure is alleged to exist under §
119.07(3)(c) or (e), the public record must be submitted to the court for an in-camera inspection. See §
119.07(2)(b)....
...vide an exemption. *1368 The statute, however, provides exemptions for "any information revealing the identity of a confidential informant or a confidential source" and "any information revealing undercover personnel of any criminal justice agency." § 119.07(3)(c), (e)....
...If, after reviewing the report in an in-camera inspection, the trial court can conclude that upon redaction of the informant's and undercover personnel's identity the remainder of the report is subject to public inspection, then the appellant is entitled to the redacted report. Id.; see also § 119.07(2)(a) (requiring public record custodian to delete only that portion of record for which exemption is asserted and provide remainder of record for examination)....
CopyCited 22 times | Published | Supreme Court of Florida | 29 Fla. L. Weekly Supp. 55, 2004 Fla. LEXIS 161, 2004 WL 212456
...(Lakeland) Ledger; Sarasota Herald-Tribune, (Ocala) Star Banner, and The Gainesville Sun; Florida Today; News-Press; Pensacola News Journal; WTLV-TV; WJXX-TV; and WTSP-TV. BELL, J. This case arises out of a petition filed by Sun-Sentinel pursuant to section 119.07(7)(a), Florida Statutes (2002), to gain access to certain public, but confidential, records maintained by the Department of Children and Families (DCF)....
...With respect to this issue, we disapprove the opinion below and the opinion in Hubbard v. Cazares,
413 So.2d 1192 (Fla. 2d DCA 1981). Because DCF did not waive its objection to the court's personal jurisdiction, we reach the merits of that issue. In part III, we hold that section
119.07(7)(a) requires formal service of process on DCF....
...BACKGROUND The State brought criminal child neglect charges against Donald and Amy Hutton. The charges were brought in the Palm Beach County Circuit Court. While the criminal case was pending, Sun-Sentinel, seeking access to DCF records concerning the Huttons and their children, filed a section 119.07(7)(a) petition. Section 119.07(7)(a) provides that [a]ny person or organization, including the Department of Children and Family Services, may petition the court for an order making public the records of the Department of Children and Family Services that pertain to...
...119.01(1),[ [3] ] and includes the need for citizens to know of and adequately evaluate the actions of the Department of Children and Family Services and the court system in providing vulnerable adults and children of this state with the protections enumerated in ss.
39.001 and
415.101. §
119.07(7)(a), Fla....
...DCF also invoked the "home venue privilege" and moved to dismiss the petition for improper venue or, in the alternative, to transfer the case to Leon County, the county in which DCF maintains its headquarters. The Palm Beach County Circuit Court denied DCF's motions. The court held that section 119.07(7)(a) does not require formal service of process....
...SERVICE OF PROCESS/PERSONAL JURISDICTION Because DCF did not waive its objection to the circuit court's personal jurisdiction, we will now address the merits of the objection. Sun-Sentinel argues that it was not required to serve DCF with the petition because section 119.07(7)(a) does not contain an explicit service of process requirement. Section 119.07(7)(b), on the other hand, does contain an explicit service of process requirement: In cases involving serious bodily injury to a child or a vulnerable adult, the Department of Children and Family Services may petition the court for an...
...The petition must be personally served upon the child or vulnerable adult, the child's parents or guardian, the legal guardian of that person, if any, and any person named as an alleged perpetrator in the report of abuse, neglect, abandonment, or exploitation. § 119.07(7)(b), Fla. Stat. (2002) (emphasis added). Sun-Sentinel argues that if the Legislature had intended to require that petitions filed under section 119.07(7)(a) be served on the agency, it could have included an express provisionjust as it did in subsection 7(b). Because it did not, Sun-Sentinel argues, formal service of process is not required. We reject this argument and hold that a section 119.07(7)(a) petitioner must serve DCF with the petition....
...(7)(b), as Sun-Sentinel suggestsperceive a legislative intent to forego formal service of process under subsection (7)(a). The fact that the Legislature explicitly named certain individuals that DCF must serve when it files a petition pursuant to section 119.07(7)(b) does not necessarily control our construction of section 119.07(7)(a), which contains no such provision. Section 119.07(7)(b) requires DCF to serve those parties whose interests must be balanced by the court when it conducts *1286 the good-cause analysis....
...It seems reasonable to assume that the Legislature thought it important, in such situations, to alert those parties whose interests will be affected by such release, allowing them to participate in the proceeding to determine whether good cause to release the records exists. When a private party files a petition pursuant to section 119.07(7)(a), it is unlikely that the party would know the identities and locations of the interested parties....
...It therefore seems more reasonable to conclude that the Legislature did not intend to forego formal service of process by failing to include an explicit requirement. This civil action to make public the records that were otherwise confidential was commenced when Sun-Sentinel filed the section 119.07(7)(a) petition....
...efficient, and economical government." Smith,
35 So.2d at 847. DCF already maintains regional offices at which the records in question are located. The personnel at these offices would be most familiar with the records and the facts of each case. A section
119.07(7)(a) petition does not implicate any of DCF's statewide policies or interests....
...the petitioner, will not bind DCF to any statewide policy or practice. Nor could such a decision be said to "conflict" with the decision of another circuit court that determines, in a different case, that good cause does not exist. In this sense, a section 119.07(7)(a) petition is fundamentally different from a typical lawsuit....
...CONCLUSION For the reasons just expressed, we disapprove the opinion of the district court below, and that of the Second District in Hubbard, to the extent they held that a motion to transfer venue is a request for affirmative relief that waives a timely asserted objection to personal jurisdiction. We also hold that a section 119.07(7)(a) petitioner is required to effect formal service of process on DCF....
CopyCited 22 times | Published | Supreme Court of Florida | 1988 WL 10272
...al branch. We disagree for two reasons. First, we do not regard the trial court's action in temporarily denying public access to pretrial discovery material until a jury could be selected and sequestered as creating an "exception" to chapter 119. In section 119.07(4) the legislature recognized that there would be occasions where court files containing public records would nevertheless be closed to the public by order of the court....
CopyCited 21 times | Published | Florida 4th District Court of Appeal
...ALDERMAN, C.J., and DOWNEY, J., concur. NOTES [1] The quoted statute was amended in 1975 after the holding in State ex rel. Tindel v. Sharp,
300 So.2d 750 (Fla. 1st DCA 1974). [2] The officials of the volunteer department had offered to permit inspection but not copying. Section
119.07(1) Florida Statutes specifically requires that the custodian of the records "shall furnish copies."
CopyCited 20 times | Published | Florida 2nd District Court of Appeal
...compel production of the personnel records. The trial judge denied that petition in a hearing held at 2:00 p.m. on July 6, 1982, ruling that the personnel files were exempt from disclosure as criminal investigative information within the meaning of Section 119.07(3)(d), Florida Statutes (1981)....
...(c) "Criminal intelligence information" and "criminal investigative information" shall not include: 1. The time, date, location, and nature of a reported crime; 2. The name, sex, age, and address of a person arrested or of the victim of a crime except as provided in s. 119.07(3)(h); 3....
...The word "active" shall not apply to information in cases which are barred from prosecution under the provisions of s.
775.15 or other statute of limitation. (4) "Criminal justice agency" means any law enforcement agency, court, or prosecutor... . ... .
119.07 Inspection and examination of records; exemptions....
...are public records within the meaning of the Public Records Act and are therefore subject to the public's right of access. Douglas v. Michel,
410 So.2d 936 (Fla. 5th DCA 1982); Roberts v. News-Press Publishing Co.,
409 So.2d 1089 (Fla. 2d DCA 1982). Section
119.07(3)(k) implies that the files of police officers are no exception by expressly exempting certain specified information that might be contained in such files....
...otherwise provided by the court issuing such order. Thus, it seems that the practical effect of the Lee County resolution may be to lessen the time within which questionable items might be made available for inspection.
409 So.2d at 1094-1095. While section
119.07(2)(a) places the duty of excising exempt portions of requested records on the custodian of those records, we do not believe that a public employee whose personnel file has been requested should be forced to rely on the records custodian to protect the employee's interests....
...ldren, home address, telephone number, and certain health records, appears to us to be of no legitimate interest to anyone but the employer and the individual employee. We believe that all government employees, not just law enforcement officers, see § 119.07(3)(k), have a right to keep their home addresses and telephone numbers and family information away from public scrutiny....
...to delay that compliance. Moreover, not only does nothing in the Public Records Act require that extra copies of files be made, but the Act affirmatively indicates that the costs of copies desired by a requesting party are to be borne by that party. § 119.07(1)(a)....
...information. 1980 Op.Att'y Gen. Fla. 080-96 (December 5, 1980). Neither can such information be criminal intelligence information, which is information collected in an effort to anticipate criminal activity. Id. The criminal investigative exemption, section 119.07(3)(d), is a codification of the common law Police Secrets Rule developed by the Florida courts to exempt police investigatory and intelligence information from public disclosure....
...I believe that the legislature has made "express reference" to the subject at hand and has "distinctly stated" the applicable law. There are two provisions of the Public Records Act especially relevant to this matter. One is section
119.01, which provides for records to be open for inspection "at all times." The other is section
119.07(1)(a), providing for records to be inspected "at reasonable times." Those provisions expressly refer to the subject of the times for production of public records and, I believe, require the result advocated in Judge Danahy's opinion....
...However, whether that proviso also means that there may be no limit to any law, such as the Public Records Act, which gives access to public records or whether, on the other hand, there shall only be no limit to the public's right of access pursuant to valid laws, appears open to question. Section 119.07(1)(a) gives the right of access to public records to "any person" without any requirement that such person's access be for the public or in the public interest; therefore, it can be at least argued that section 119.07(1)(a) in that respect may be inconsistent with that constitutional amendment....
...As far as statutory exemptions pertaining to specific materials are concerned, compliance with the Public Records Act requires the custodian of a personnel file to review that file prior to disclosure and remove any material subject to a statutory exemption. The Act specifically places that duty on the custodian. § 119.07(2)(a)....
...ty. I would recede from our decision in Roberts and hold that a public agency may not automatically delay compliance with the Act. I recognize, of course, that there may be circumstances which cause a necessary delay in disclosure of public records. Section 119.07(1)(a) contemplates the possibility of such a delay by providing that inspections shall be at reasonable times and under reasonable conditions....
CopyCited 20 times | Published | Florida 1st District Court of Appeal
...We are moved to a different result by considerations not explicitly addressed by the trial court. Application of the public meetings Act to the student Honor Court cannot be considered in isolation from the effect on the Honor Court of the public records Act, § 119.07, F.S....
...lature. Ch. 67-356, § 1, and Ch. 67-125, § 7, Fla.Laws. The public records Act mandates disclosure for inspection and copying of all public records with certain exemptions both generally and specifically stated in the Act. As subsequently amended, §
119.07 exempts from its operation public records identifying the victim of a sexual offense, §
794.03, F.S....
...286.011(1), F.S. 1975. REVERSED. BOYER, C.J., and MILLS, J., concur. NOTES [1] "The circuit courts of this state shall have jurisdiction to issue injunctions to enforce the purposes of this section upon application by any citizens of this state." [2] Sec. 119.07(2)(b), F.S....
CopyCited 20 times | Published | Florida 4th District Court of Appeal | 1 Educ. L. Rep. 1394
...Byron, Harless, Schaffer, etc.,
379 So.2d 633, 640 (Fla. 1980), wherein it described a public record in the Act as "any material prepared in connection with official agency business which is intended to perpetuate, communicate, or formalize knowledge of some type." Section
119.07(1)(a) directs that: "Every person who has custody of public records shall permit the records to be inspected and examined by any person desiring to do so, at reasonable times, under reasonable conditions, and under the supervision by t...
CopyCited 19 times | Published | Supreme Court of Florida | 2003 WL 21467509
...See Cooper,
492 So.2d at 1061. [2] Cooper contends that (1) the State's misconduct before and during trial with regard to Paul Skalnik, a "jailhouse informant," unconstitutionally prejudiced his case; (2) the State did not properly comply with his public records requests under section
119.07 of the Florida Statutes; (3) his attorneys rendered constitutionally deficient representation at trial due to an actual conflict of interest or incompetence; (4) his attorneys provided him ineffective assistance of counsel by failing t...
CopyCited 18 times | Published | Florida 2nd District Court of Appeal | 2005 WL 3179778
...mpt from disclosure. §§
28.13;
119.01(1), (3);
119.011(1), (2), Fla. Stat. (2003). Similarly, to the extent that Ms. Holton is in custody of public records, she is obligated to permit the records to be inspected and copied upon proper payment. See §
119.07(1)(a); see also Mathis v....
CopyCited 18 times | Published | Florida 2nd District Court of Appeal | 1990 WL 27944
...To hold otherwise would be to make an artificially restrictive interpretation permitting public agencies to circumvent the purpose of the law and the public's "right to know." As a consequence, the public would be unable to have input into the actions taken by its government. Section 119.07(1)(a), Florida Statutes, requires that "[e]very person who has custody of a public record shall permit the record to be inspected and examined by any person desiring to do so...." As noted, the White Sox retained Mr....
CopyCited 17 times | Published | Florida 4th District Court of Appeal | 1996 WL 210835
...Roselli of Becker & Poliakoff, P.A., West Palm Beach, for Appellees. POLEN, Judge. The Town of Manalapan (Town) appeals a Writ of Mandamus ordering Town to process all public records requests submitted by appellees Morton & Beverly Rechler (Rechlers) in strict accordance with the requirements of section 119.07, Florida Statutes (1993), the Florida Public Records Act....
...he continued enforcement of the writ. Prior to the commencement of the present suit, the Rechlers were involved in litigation with a third party. As part of that suit, the Rechlers made several requests for public information from Town under Chapter 119.07(1)....
CopyCited 17 times | Published | Florida 2nd District Court of Appeal
...siness of such an agency. Therefore, personnel records apparently fall within the broad definition of records which are made "in connection with the transaction of official business by any agency." Certain exemptions from disclosure are set forth in § 119.07(2)(a) as follows: "(2)(a) All public records which presently are deemed by law to be confidential or which are prohibited from being inspected by the public, whether provided by general or special acts of the legislature or which may hereaf...
CopyCited 17 times | Published | Florida 1st District Court of Appeal | 3 Media L. Rep. (BNA) 2425
...consultant's papers. The consultant refused. On the application of appellees Schellenberg and the Attorney General, the circuit court issued a writ of mandamus to compel production and public inspection of the consultant's papers as public records. Section 119.07....
...lly make its selection in full public view. Jacksonville's general counsel advised the consultant that any notes prepared by the consultant for the "exclusive use and eyes" of its own personnel would not be public records subject to disclosure under Section 119.07....
CopyCited 17 times | Published | Supreme Court of Florida | 2 Media L. Rep. (BNA) 1508
...(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. Stat. (1973). [6] Section
119.07(2)(a), Fla....
CopyCited 17 times | Published | Supreme Court of Florida | 12 Fla. L. Weekly 103
...s? 2. Does the press have a qualified right under Florida rules of discovery to attend pretrial discovery depositions and to obtain copies of unfiled depositions? 3. Does the press have a qualified right to obtain copies of unfiled depositions under section 119.07, Florida Statutes (1985)? Petitioners cite a series of opinions from the United States Supreme Court and this Court, the rationale of which, petitioners urge, supports the broad proposition that under the United States Constitution criminal pretrial proceedings are presumptively open to the public....
...However, for the following reasons, I would hold that reporter notes or unfiled transcriptions of depositions which are available to the accused in a criminal prosecution are public records which are presumptively available for examination or copying under section 119.07(1)(b), Florida Statutes (1985)....
CopyCited 17 times | Published | Supreme Court of Florida
...on quoted above. [1] There is no doubt that certain portions of the state attorney's investigation file are public records under chapter 119 once a defendant's conviction and sentence become final. State v. Kokal,
562 So.2d 324 (Fla. 1990). However, section
119.07(1)(a), Florida Statutes (1991), requires the custodian of public records to charge a reasonable fee for furnishing copies of such records....
...nable copying costs ( Wootton, supra ; Yanke, supra ), nor would the prisoner be entitled to a list of documents ( Wootton, supra ), nor would the custodian be required to provide the original file to the prisoner at the place of incarceration ( see section 119.07(1)(a), Florida Statutes (1991), which provides that inspections shall be permitted at a reasonable time and under reasonable conditions)....
...There is simply no authority by which this Court may properly order that Roesch be furnished copies of documents under *3 chapter 119. Roesch's suggestion that the files could be mailed to the prison where he could look at them under supervision is equally unavailing. Section 119.07(1)(a) provides that any examination of the public records must be under "reasonable conditions." Aside from the fact that the cost of personally supervising an inmate's examination of the file would far exceed the copying costs, it wou...
CopyCited 16 times | Published | Florida 4th District Court of Appeal
...In the course of the investigation of Reid, he came into possession of certain tape recorded conversations. Following demand for discovery by Reid, appellant allowed Reid's attorney to copy the tape recordings. Appellee is a newspaper reporter. Pursuant to section 119.07(1) Florida Statutes (1979), [1] he requested access to the tape recordings for the purpose of making copies....
...criminal case upon the issue he raises here. Accordingly, we affirm and because Reid's criminal trial is scheduled for January 5, 1982, any motion for rehearing shall be filed by December 29, 1981. AFFIRMED. DOWNEY and HERSEY, JJ., concur. NOTES [1] Section 119.07(1), Florida Statutes (1979), provides: (1)(a) Every person who has custody of public records shall permit the records to be inspected and examined by any person desiring to do so, at reasonable times, under reasonable conditions, and under supervision by the custodian of the records or his designee....
...ion of such clerical or supervisory personnel. [2] While the notice of appeal refers to a peremptory writ of mandamus rendered on October 2, 1981, the parties' briefs agree that it is the order of October 6th which is the subject of this appeal. [3] Section 119.07(3)(d), Florida Statutes (1979), expressly exempts active criminal intelligence and investigative information from the open inspection requirement found in section 119.07(1)....
CopyCited 16 times | Published | Florida 4th District Court of Appeal | 1977 Fla. App. LEXIS 16909
...At all pertinent times, Fla. Stat., §
119.01 (1975) has provided that: "It is the policy of this state that all state, county, and municipal records shall at all times be open for a personal inspection by any person. [emphasis supplied]." Fla. Stat. §
119.07(1) (1975) requires the public official with custody of a public record to disclose it to any member of the public, including the media, who wishes to inspect it. Non -disclosure is permitted only if there is an exemption provided by Fla. Stat. §
119.07(2). At the time of the events concerned in the Wisher case, Fla. Stat. §
119.07(2)(a) (1973) provided: "(a) All public records which presently are deemed by law to be confidential or which are prohibited from being inspected by the public, whether provided by general or special acts of the legislature or which may here...
...ions of this section." [emphasis supplied] In 1975, the Legislature made what we think to be a significant amendment to this *1196 provision by deleting the phrase "deemed by law" and, in effect, substituting the phrase "provided by law". Fla. Stat. § 119.07(2)(a), as it applies to this case, therefore, now reads: "(a) All public records which presently are provided by law to be confidential or which are prohibited from being inspected by the public, whether by general or special law, shall be...
...ey Marchbanks to the city council, concerning asserted irregularities in the building department, is a "public record" within the meaning and application of Chapter 119, Florida Statutes (1975). The majority opinion expresses our unanimous view that Section 119.07(2)(a) intends to and does obliterate common law policies of nondisclosure. The purpose of the 1975 amendment of Section 119.07(2)(a) was plainly to reserve to the legislature the power to determine when public policy requires that the contents of public records should be shielded from public disclosure....
CopyCited 14 times | Published | Supreme Court of Florida | 2006 WL 2708465
...If the request is denied, the custodian shall state in writing the basis for the denial. (3) Fees for copies of records in all entities in the judicial branch of government, except for copies of court records, shall be the same as those provided in section 119.07, Florida Statutes (2001)....
CopyCited 14 times | Published | Florida 2nd District Court of Appeal | 1991 WL 118237
...That definition should be read in conjunction with section
119.01(1), Florida Statutes (1987), which establishes that: It is the policy of this state that all state, county, and municipal records shall at all times be open for a personal inspection by any person. Finally, section
119.07(3), Florida Statutes (1989), provides for the inspection of public records except where exempted by general or special law....
CopyCited 13 times | Published | Florida 1st District Court of Appeal | 37 Media L. Rep. (BNA) 2400, 2009 Fla. App. LEXIS 14605, 2009 WL 3128743
...The legal status of these records is no different than it would be if they had been prepared by the University's lawyers and if the only existing copies were in the NCAA's possession. The enforcement of the public records law is also relatively straightforward in a situation like this. Section 119.07(1)(a), Florida Statutes states that "every person who has custody of a public record shall permit the record to be inspected *1210 and copied by any person desiring to do so....
...hich provides that "[a] student's education records, as defined in the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. § 1232g, and the federal regulations issued pursuant thereto, and applicant records are confidential and exempt from s. 119.07(1) and s....
CopyCited 13 times | Published | Florida 4th District Court of Appeal
...all the county personnel files, the Supreme Court did direct the county administrator to provide the information sought from the files. The Appellant seeks to have this court judicially engraft the "self-imposed" exemption to the Public Records Act, Section 119.07(2), Florida Statutes (1975)....
CopyCited 13 times | Published | Florida 5th District Court of Appeal
...Gadd,
388 So.2d 276 (Fla. 2d DCA 1980); City of Gainesville v. State,
298 So.2d 478 (Fla. 1st DCA 1974); Office of the Attorney General, Florida Open Government Laws Manual 32 (1978). II. ARE THE HOSPITAL'S EMPLOYEE RECORDS EXEMPTED FROM CHAPTER 119 BY SECTION
119.07(3)(a) OR BY SECTION
119.07(3)(f)? The Public Records Act provides an exemption for 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." [4] When thi...
...Chapter 119 had long been a Florida law by 1965, and the courts had recognized a strong public policy favoring disclosure of public records. State ex rel. Cummer v. Pace,
118 Fla. 496,
159 So. 679 (1935). In this context, the negative inference of the Latin maxim collapses. We also do not agree that section
119.07(3)(f) affords any basis to exclude these records. It provides an exemption from Chapter 119 for "any information revealing surveillance techniques or procedures or personnel." All of the special exemptions (d) through (k) of section
119.07(3) are concerned with protecting from public disclosure specific files, records, and information relating to the criminal justice system....
...no matter how harmful and damaging the disclosure might be. See Rose v. D'Alessandro,
380 So.2d 419 (Fla. 1980); Wait v. Florida Power & Light Co.,
372 So.2d 420 (Fla. 1979); Gannett Co. v. Goldtrap,
302 So.2d 174 (Fla. 2d DCA 1974). The context of section
119.07(3)(f) and its grammatical structure strongly indicate the Legislature intended no general exemption for all types of personnel records....
...public importance: [1] I. ARE EMPLOYEE RECORDS, KEPT AS PART OF A TAX-SUPPORTED HOSPITAL'S PERMANENT FILES AND RECORDS, GENERALLY "PUBLIC RECORDS" WITHIN THE SCOPE OF CHAPTER 119? II. ARE THE HOSPITAL'S EMPLOYEE RECORDS EXEMPTED FROM CHAPTER 119 BY SECTION 119.07(3)(a) OR BY SECTION 119.07(3)(f)? *941 III....
...ayment of attorney's fees to the prevailing party on appeal. [3] §
119.011(2), Fla. Stat. (1979). The hospital was created by a special act, Chapter 65-1405, Laws of Florida, which established a "hospital district." It is in part tax-supported. [4] §
119.07(3)(a), Fla....
CopyCited 13 times | Published | Florida 1st District Court of Appeal
...coverage of the Sunshine Law. We find no merit to this argument. Section
337.168 expressly exempts DOT's official cost estimates, identities of potential bidders, and the bid analysis and monitoring systems from the public disclosure requirements of section
119.07(1), the Public Records Act....
CopyCited 13 times | Published | Florida 1st District Court of Appeal
...mpel that ministerial act. Gadd v. News-Press Publishing Company,
412 So.2d 894 (Fla. 2d DCA), rev. den.,
419 So.2d 1197 (Fla. 1982). But sections
364.183 and
366.093 are worded differently from other exemption provisions. These statutes exempt from section
119.07(1) any records which are shown to be "proprietary confidential business information." This term is defined in both sections to include, "but is not limited to," trade secrets and other enumerated types of information. [4] Section
350.121 exempts from section
119.07(1) any material obtained by the Commission during an "inquiry" while the inquiry is pending, but it also exempts from disclosure in any formal administrative or judicial proceeding any material from the inquiry "determined by the commi...
...ose its proceedings merely because confidential public records may be discussed, since the Government in the Sunshine Law provides no such exemption to the duty to conduct open meetings. [5] It asserts that the Public Records Act as amended in 1985, section
119.07(5), explicitly states that no exemptions to the inspection right granted by chapter 119 "shall be interpreted as providing an exemption from or exception to section
286.011." Conceding that Marston v....
..., or after the material has been classified as confidential. [12] It also authorizes requests by any person that the Commission edit material that has been classified as confidential "to produce a copy appropriate for inspection or examination under Section
119.07(2)." [13] The Commission's determination in either case is reviewable in the district court of appeal under the Administrative Procedure Act, section
120.68....
...(1987), and Rule 25-22.006, Florida Administrative Code, to prevent public disclosure of material the Commission had determined to be "proprietary confidential business information" exempt from the disclosure requirements of the Public Records Act, section 119.07(1)....
CopyCited 12 times | Published | Florida 5th District Court of Appeal | 32 Media L. Rep. (BNA) 2078, 2004 Fla. App. LEXIS 6711, 2004 WL 1072839
...by reference to the names of particular students. * * * II. The Stipulated Issue of Law. Whether the School Board is obligated to produce records and reports (as defined in section 228.093(2)(e)) under Art. I, section 24(a), Florida Constitution and section 119.07( l ) and (2), or whether those records and reports and any information contained therein are exempt under section 228.093, Florida Statutes (2001)....
...Every pupil or student shall have a right of privacy with respect to the educational records kept on him or her. Personally identifiable records or reports of a pupil or student, and any personal information contained therein, are confidential and exempt from the provisions of § 119.07(1)....
...Other information, files or data which do not permit the personal identification of a pupil or student. WFTV urges the court to conclude that the School Board's reliance on section 228.093(3) to deny public access to the Requested Records is erroneous. WFTV argues this reliance is misplaced because the exemption from section 119.07(1) provided for in section 228.093(3)(d) applies only to personally identifiable information within the "records and reports." WFTV argues that the School Board is required to redact the personally identifiable information from the Surveillance Videotape and Transportation Student Discipline Forms pursuant to the requirement of section 119.07(2) and provide public access to the redacted documents....
...the people. Forsberg v. Housing Authority of the City of Miami Beach,
455 So.2d 373, 378 (Fla.1984). The Florida Public Records Act creates a state policy that government records, with specific exceptions, should be open at all times to the public. Section
119.07(1) requires every person who has custody of a public record to permit the record to be inspected and examined by any person desiring to do so. Section
119.07(2)(a) provides as follows: (2)(a) A person who has custody of a public record and who asserts that an exception provided in subsection (3) or in a general or special law applies to a particular public record or part of such record shal...
...Seminole County v. Wood,
512 So.2d 1000, 1002 (Fla. 5th DCA 1987), review denied,
520 So.2d 586 (Fla.1988). Because the School Board has denied access to public records based on its contention that the requested records are exempt from the requirements section
119.07, the burden of proof and persuasion rests with the School Board....
...Student Discipline Forms and Surveillance Videotapes) and provide access to the Requested Records (the Subject Records redacted of all personally identifiable information) pursuant to the requirements of Art. I, section 24, Florida Constitution and section 119.07(1) and (2)....
...e Videotape and Transportation Student Discipline Form even if all personally identifying information is redacted from the documents. Even with such redaction, the School Board argues that the Requested Records are still confidential and exempt from section 119.07(1) and may not be disclosed, without written parental consent, to the public, except as specifically provided in section 228.093(3)(d) 1.-13. The court agrees with the School Board. Pursuant to section 228.093(3)(d), the Requested Records are confidential and specifically exempted from the requirements of section 119.07(1)....
...The School Board is prohibited from disclosing the Requested Records to WFTV, without written parental consent. A. The confidentiality and exemption provisions in section 228.093(3)(d) apply to the Requested Records. In the instant case, the Requested Records are both confidential and exempt from section 119.07(1) and, hence, the School Board is prohibited from disclosing the Requested Records to WFTV....
...When the FSU student sought access to the redacted records of other students, the FSU student was in the same shoes as WFTV regarding the confidentiality and redaction issues. * * * Based upon Hatton, the court finds that the Requested Records are confidential and exempt from section 119.07(1) and can only be released to the particular student to whom the records pertain or to the specified persons and organizations set forth in section 228.093(3)(d)1.-13., without written parental consent....
...In the instant case, disclosure of the Requested Records to WFTV is prohibited pursuant to section 228.093(3)(d). Finally, WFTV asks the court not to expand the Hatton decision to restrict the rights guaranteed to all Floridians by Art. I, section 24(a) and section 119.07(1)....
...shall remain in force. Section 228.093, in effect on July 1, 1993, limits public access to records as expressly allowed by Art. I, section 24(d) of the Florida *57 Constitution. Additionally, section 228.093(3)(d) exempts the Requested Records from section 119.07(1)....
...BASED ON THE ABOVE, it is hereby ORDERED and ADJUDGED as follows: 1. Declaratory Judgment is entered in favor of the Defendants, the School Board of Seminole County and its Superintendent. The Requested Records are confidential and exempt from the requirements of section 119.07 pursuant to section 228.093(3)(d), Florida Statutes (2001)....
...s it create an exemption only for such personally identifiable information within that record so that upon a proper request, the custodian must redact the personally identifiable information and produce the balance of the record for inspection under section 119.07(2)(a)? AFFIRMED; QUESTION CERTIFIED....
CopyCited 12 times | Published | Florida 2nd District Court of Appeal | 8 Media L. Rep. (BNA) 1454
...mmission of Accreditation of Hospitals (JCAH) interprets its standards referred to in section 395.065 to require confidentiality. We cannot make such a bold leap as would cross the chasm between the language in section 395.065 and the requirement of section 119.07(3)(a), as interpreted by Wait v....
...In this case, we are confined to a determination of the legislature's intent." Wait v. Florida Power & Light,
372 So.2d at 424. *897 The solution for the hospital is simple. It and others like it need only to persuade the legislature to add section 768.40 to the short list of statutes provided by section
119.07(3)(b) to be exempt from public inspection....
CopyCited 12 times | Published | Florida 4th District Court of Appeal | 14 Media L. Rep. (BNA) 2172, 13 Fla. L. Weekly 76, 1987 Fla. App. LEXIS 11776, 1987 WL 3335
...e department" of certain governmental units. Pursuant to this statute, the Palm Beach County Fire-Rescue Department received various documents pertaining to hazardous materials. The News and Sun-Sentinel requested production of those documents under section 119.07, Florida Statutes (the "Public Records Act")....
CopyCited 11 times | Published | Florida 5th District Court of Appeal | 1998 WL 736417
...ic Records Act, section
119.01, et seq., Fla. Stat. (1989), the act specifically provides that a custodian of public records shall furnish copies of those records "upon payment of the fee prescribed by law" and there is no provision for free copies. §
119.07(1)(a), Fla....
CopyCited 11 times | Published | Florida 2nd District Court of Appeal | 2004 WL 592650
...Even though Potts is entitled to certain items, as discussed above, the Public Records Act does not give him an unfettered right to all records relating to his case, free of charge. In fact, the Public Records Act provides for a fee to obtain copies of documents. Woodson,
588 So.2d at 644; see also §
119.07(1)(a), Fla....
CopyCited 11 times | Published | Supreme Court of Florida | 27 Fla. L. Weekly Supp. 679, 2002 Fla. LEXIS 1482, 2002 WL 1476290
...purposes of section
286.011, Florida Statutes, shall not be construed to waive the attorney-client privilege established under section
90.502, and to further provide that the new provision shall not be construed to constitute an exemption to either section
119.07 or section
286.011, Florida Statutes....
CopyCited 11 times | Published | Florida 1st District Court of Appeal
...." Chapter 119 provides for inspection and examination of public records except that 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, shall be exempt..." from inspection. See § 119.07(3)....
...We do not, in this case which does involve such an action, either agree or disagree with the Gadd conclusion, but leave to a proper case the question of whether we would follow our sister court or conclude that § 768.40(4) renders such records generally confidential under § 119.07(3)(a) in order to prevent nullification of the specific discovery prohibition.
CopyCited 11 times | Published | Florida 4th District Court of Appeal | 2002 WL 272282
...We note that many of Curry's complaints concerning violations, although technical, were found to have merit. A citizen's request for public records also involves a "legitimate purpose," because the right to obtain the records is established by statute and acknowledged in the state constitution. Section 119.07(1)(a), Florida Statutes (2000), requires every person "who has custody of a public record" to "permit the record to be inspected and examined by any person *742 desiring to do so." The motivation of the person seeking the records does not impact the person's right to see them under the Public Records Act....
CopyCited 11 times | Published | Supreme Court of Florida | 1999 WL 90142
...Mason, Orlando, Florida, for Florida Association of Criminal Defense Lawyers, Amicus Curiae. KOGAN, Senior Justice. We have for review the decision in Henderson v. State,
708 So.2d 642 (Fla. 1st DCA 1998). We accepted jurisdiction to answer the following question certified to be of great public importance: DOES SECTION
119.07(8), FLORIDA STATUTES (Supp.1996), LIMIT A CRIMINAL DEFENDANT'S PRETRIAL DISCOVERY OF NONEXEMPT PUBLIC RECORDS REGARDING HIS OR HER PENDING PROSECUTION, TO THE DISCOVERY PROVISIONS IN FLORIDA RULE OF CRIMINAL PROCEDURE 3.220, SUCH THAT...
...The documents were allowed to be produced to the court under seal and Henderson's trial has been continued, pending outcome of this appeal. Henderson,
708 So.2d at 642-43 (footnote omitted). On appeal, the First District utilized a strict statutory interpretation in finding that section
119.07(8), Florida Statutes (Supp.1996) precludes expanding a criminal defendant's rights to discover public records pertaining to his or her pending criminal prosecution beyond the parameters provided for under rule 3.220....
...nguage: "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. ..." §
119.07(8), Fla. Stat. The First District construed section
119.07(8) as "essentially abrogat[ing] a criminal defendant's ability to use the Public Records Act as an endrun around the reciprocity which has been required since 1989 under rule 3.220."
708 So.2d at 644....
...ator 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....
...We will also briefly discuss the interaction between the federal analogue of Florida's public records statute, the Freedom of Information Act (FOIA), [1] and discovery in federal criminal proceedings. Case Below The nub of the First District's decision is that section
119.07(8) "essentially abrogates 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....
...The trial court granted the writ, ruling that the Public Records Act encompassed all records and documents in New Smyrna's possession. Id. at 422. The First District affirmed this ruling on appeal. Among several claims raised on review, New Smyrna argued that section 119.07(1) should be interpreted as requiring reciprocal disclosure by FPL....
...The cited statutory language provided as follows: Every person who has custody of public records shall permit the records to be inspected and examined by any person desiring to do so, at reasonable times, under reasonable conditions, and under supervision by the custodian of the records or his designee. Section 119.07(1), Fla....
...We rejected that strained argument out of hand, writing that: We find no merit in New Smyrna's argument because we do not equate the acquisition of public documents under chapter 119 with the rights of discovery afforded a litigant by judicially-created rules of procedure and because we simply cannot construe the language of section 119.07(1) in the fashion suggested by New Smyrna....
...d his codefendant not exercised those rights, the documents Henderson requested would not be "public" and thus would be unobtainable. We simply cannot ignore that dynamic. Moreover, the statute under which Henderson makes his public records requestsection 119.07(8)apparently contemplates such instances and expresses the legislative intent regarding its interplay with rule 3.220. Clearly, the legislature had some purpose in mind when it enacted section 119.07(8)....
...Accordingly, we conclude that Wait does not control our disposition in this case. With that said, Henderson's savvy pretrial discovery methodology is all predicated on (now) nonexempt "criminal intelligence" or "criminal investigative" information. Section 119.07(3)(b), Florida Statutes (1995) provides that "[a]ctive criminal intelligence information and active criminal investigative information are exempt from the provisions of subsection (1) and s. 24(a), Art. I of the State Constitution." Consequently, but for codefendant Adams' participation in discovery, the requested documents 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....
...information without Adams' predicate: his participation in discovery. Therefore, it is conceptually impossible to divorce these two actions from each other. Henderson's public records request would be properly denied without Adams' precursor action. § 119.07(3)(b), Fla....
...ficials must conduct public business in the open and ... public records must be made available to all members of the public." State ex rel. Clayton v. Board of Regents,
635 So.2d 937, 938 (Fla.1994). [6] The core holding in Wait is that "in enacting section
119.07(2), Florida Statutes (1975), the legislature intended to exempt those public records made confidential by statutory law and not those documents which are confidential or privileged only as a result of the judicially created privileges of attorney-client and work product."
372 So.2d at 424. Consequently, "[i]f the common law privileges are to be included as exemptions, it is up to the legislature, and not this Court, to amend the statute." Id. [7] Section
119.07(8), Florida Statutes (Supp....
CopyCited 11 times | Published | Florida 1st District Court of Appeal | 2000 WL 423473
...The State Attorney responded that copies of all records requested which were in his possession had been furnished to appellant except those which the State Attorney claimed were exempt because they "relat[ed] to the victim." We believe that the response was insufficient. Section 119.07(2)(a), Florida Statutes (1997), provides, in pertinent part: If the person who has custody of a public record contends that the record or part of it is exempt from inspection and examination, he or she shall state the basis of the exem...
...r afforded by statute, and, if requested by the person seeking the right under this subsection to inspect, examine, or copy the record, he or she shall state in writing and with particularity the reasons for the conclusion that the record is exempt. Section 119.07(3)(f) does exempt from disclosure certain records which relate to crime victims....
...Palm Beach County Sheriffs Office,
698 So.2d 1365 (Fla. 4th DCA 1997). Therefore, the response was inadequate. Accordingly, on remand the trial court shall order the State Attorney to file an amended response identifying with specificity, as contemplated by section
119.07(2)(a), the basis for a claim that any of the records requested by appellant are exempt from disclosure....
CopyCited 10 times | Published | Florida 2nd District Court of Appeal | 6 Media L. Rep. (BNA) 1886
...ction of such documents. We agree. The Public Records Act and cases interpreting the Act make it clear that all documents falling within the scope of the Act are subject to public disclosure unless specifically exempted by an act of our legislature. § 119.07(3)(a), Fla....
CopyCited 10 times | Published | Supreme Court of Florida | 1993 WL 433793
...tance of appellate counsel, we find that such claims are also without merit. [4] We also reject Rivera's contention that the State had a duty to disclose its ongoing investigation of Judge Gelber. Clearly, such a disclosure would be unwarranted. See § 119.07(3)(d), Fla....
CopyCited 10 times | Published | Florida 2nd District Court of Appeal
...made for a public body in connection with land acquisitions are public records even during the period of negotiation. Having determined the appraisal to be a public record, there remains only the question of whether it falls within the exemption of § 119.07(2), F.S.A....
CopyCited 10 times | Published | Supreme Court of Florida | 1992 WL 342010
...[5] For example, the legislature has chosen to exclude the following types of information from public inspection: communications between state employees and personnel in state agencies' employee assistance programs for substance abuse and other disorders, § 119.07(3)(b); examination answers of applicants for admission to The Florida Bar, § 119.07(3)(c); active criminal intelligence information and active criminal investigative information, § 119.07(3)(d); the identity of a victim of a sexual offense, § 119.07(3)(h); a criminal defendant's confession, § 119.07(3)(m); the work-product of an attorney representing a government agency or officer during the 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)....
CopyCited 10 times | Published | Florida 1st District Court of Appeal | 1995 WL 258910
...In the course of such an appeal, all relevant aspects of the disciplinary investigation may be subjected to public scrutiny. The hearing officer further noted that disciplinary records and information are not included in the items specifically exempt from disclosure by section 119.07(3), Florida Statutes, the Public Records Act....
CopyCited 10 times | Published | Supreme Court of Florida | 1998 WL 378355
...The documents consisted of outlines, time lines, page notations regarding information in the record, and similar items. The Attorney General's position was that the requested documents were either not public records or were exempt from disclosure based on section 119.07(3)( l ), Florida Statutes....
...27.7001, the Attorney General's office is entitled to claim this exemption for those public records prepared for direct appeal as well as for all capital collateral litigation after direct appeal until execution of sentence or imposition of a life sentence. § 119.07(3), Fla....
...Johnson claims that the circuit court erred in holding that the requested documents were not subject to disclosure and that the requested materials were not covered by Brady v. Maryland,
373 U.S. 83,
83 S.Ct. 1194,
10 L.Ed.2d 215 (1963). Johnson also asserts that section
119.07(3)( l ) is unconstitutional because it violates due process and equal protection in so far as it distinguishes between death-sentenced inmates and all other inmates....
...NOTES [1] Public records law in Florida is governed by chapter 119, Florida Statutes (1995). Generally, "all state, county, and municipal records shall be open for personal inspection by any person." §
119.01(1), Fla. Stat. (1995). However, there are statutory exemptions to this policy. See §
119.07(3), Fla. Stat. (1995). [2] We decline to address Johnson's claim that section
119.07(3)( l ), Florida Statues (1995), is unconstitutional....
CopyCited 10 times | Published | Florida 3rd District Court of Appeal
...mus. *573 Only public records provided by statute to be confidential or which are expressly exempted by general or special law from disclosure under the Public Records Act are exempt. Wait v. Florida Power & Light Co.,
372 So.2d 420 (Fla. 1979); see §
119.07(3)(a), Fla....
CopyCited 10 times | Published | Florida 1st District Court of Appeal | 1991 WL 265077
...At issue is whether mandamus should lie to compel appellee to correspond with appellant, a Department of Corrections inmate, and furnish him with a list of documents from a particular case file and a statement of charges for copying such documents. Appellee's duty, as a custodian of public records, is set forth in Section 119.07(1)(a), Florida Statutes, which provides in pertinent part: Every person who has custody of a public record shall permit the record to be inspected and examined by any person desiring to do so, at any reasonable time, under reasonable c...
CopyCited 10 times | Published | Florida 2nd District Court of Appeal | 2007 WL 1159708
...The Office of the State Attorney's only real defense in the circuit court was that its delay in turning over the records was justified because the plaintiff had not paid a fee for the photocopying costs. The circuit court appropriately rejected this defense (which was not properly pleaded). Section 119.07(1) addresses photocopying charges but as the court observed, the statute does not specify nor do any cases interpret whether there must be an invoice before payment or an offer to pay before invoice....
CopyCited 9 times | Published | Florida 1st District Court of Appeal | 10 Fla. L. Weekly 2560
...its investigative file. After receiving an unsatisfactory response, the city editor made a written request for the investigation file, which FDLE denied. On March 21, 1985, petitioner's counsel wrote to FDLE requesting access to the file pursuant to section 119.07, Florida Statutes (Supp. 1984). FDLE's counsel responded that he had reviewed the file and it was exempt from disclosure under section 119.07(3)(d)....
...s the burden of proof, the trial judge erred during the hearing by unduly restricting Florida Freedom's questioning about the status of FDLE's investigation. 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)....
...graph of section
119.011(3)(c), it should be produced and made available to Florida Freedom. Other information in the letter not falling within the terms of this subsection remains exempt, however, and may be excised before production of the letter. §
119.07(2)(a), Fla. Stat. (Supp. 1984). The appealed order is modified to require production of this limited information. Whether in-camera inspection of the requested files was necessary in this instance was discretionary with the trial judge. §
119.07(2)(b), Fla....
...elligence information" and "criminal investigative information" shall not include: 1. The time, date, location, and nature of a reported crime; 2. The name, sex, age, and address of a person arrested or of the victim of a crime except as provided in s. 119.07(3)(h); 3....
CopyCited 9 times | Published | Supreme Court of Florida | 1997 WL 250874
...that the trial court erred in finding that the documents in the state attorney's files were exempt from disclosure under chapter 119, Florida Statutes. Lopez claims that the state attorney failed to adequately identify any statutory exemptions under section 119.07(2)(a), Florida Statutes (1993). This section requires the records custodian who asserts an exemption from public records under section 119.07(3), Florida Statutes, to state the basis for the exemption....
CopyCited 9 times | Published | Florida 5th District Court of Appeal | 38 Media L. Rep. (BNA) 1559, 2010 Fla. App. LEXIS 2867, 2010 WL 742578
...Demings, the Sheriff of Orange County, in his official capacity and as the records custodian of *420 the MBI, declined to release the tapes unless the faces of the undercover officers were obscured. The issue both below and on appeal is a narrow one. When public records, otherwise exempt from disclosure under section 119.071, Florida Statutes (2008), have been disclosed during discovery to a criminal defendant, is the government precluded from asserting applicable statutory exemptions from disclosure in a subsequent public records action? We answer in the negative and affirm....
...The Sheriff filed a motion for summary judgment, conceding that the 2004 recordings are public records and are not relevant to any active criminal investigation. However, relying on several exemptions from disclosure relating to law enforcement personnel and surveillance techniques contained in section 119.071, the Sheriff argued that the faces of the MBI agents should be obscured....
...d. The trial court granted summary final judgment in favor of the Sheriff, concluding that the Sheriff was authorized to "obscure the faces" of all the undercover MBI officers prior to producing the recordings pursuant to the exemptions contained in section 119.071(4)(c) and (4)(d)....
...The government has the burden to demonstrate the applicability of a statutory exemption. Weeks v. Golden,
764 So.2d 633, 635 (Fla. 1st DCA 2000). The Sheriff contends that the identities of the undercover law enforcement personnel must be obscured under section
119.071(2)(d), Florida Statutes (2008), which exempts "[a]ny information revealing surveillance techniques or procedures or personnel...." section
119.071(4)(c), Florida Statutes (2008), which exempts "[a]ny information revealing undercover personnel of any criminal justice agency..."; and/or section
119.071(4)(d)1.a., which exempts "[t]he home addresses, telephone numbers, social security numbers, and photographs of active or former law enforcement personnel...." Cleo's contends that while these exemptions may have been applicable to the...
...to be given to the person arrested...." Our sister courts' decisions in Salcines v. Tampa Television,
454 So.2d 639 (Fla. 2d DCA 1984), and Christy v. Palm Beach County Sheriff's Office,
698 So.2d 1365 (Fla. 4th DCA 1997), demonstrate the continued viability of the exemptions contained in section
119.071 to protect the identity of undercover law enforcement personnel, even if that information may already be public....
...In Tampa Television, the trial court ordered the disclosure pursuant to the public records law of a subpoena, which on its face purported to identify confidential informants. The second district reversed the order of disclosure, stating as follows: In considering the exemptions granted in section 119.07(3)(e), we have concluded that neither the statute nor case law dictates that the exemptions from disclosure relate to confidential informants or sources who are currently being used as such, or whose identity has not previously been disclosed. We therefore conclude that it matters not that the informants or sources are no longer active or may have, through other sources, been identified as such. Section 119.07(3)(e) [now subsection (3)(c)] applies the exemptions to any information revealing identity....
...[4] *423 Here, the defendant dancers may have been entitled to unredacted versions of the surveillance recordings in preparing their defenses under rule 3.220. However, we see no reason why such forced disclosure should transform otherwise exempt material into public information when the specific exemptions contained in section 119.071 are considered....
...ublic disclosure of such information. We hold that the disclosure to a criminal defendant during discovery of unredacted versions of undercover police surveillance recordings does not destroy, in a public records context, the exemptions contained in section 119.071 for information relating to the identity of undercover law enforcement personnel....
...[4] As Cleo's argues, several cases hold that some public records exemptions no longer apply after the information has been disclosed under the rules of discovery. For instance, an exemption exists for "active criminal intelligence information" and "active criminal investigative information." § 119.071(2)(c), Fla. Stat. (2008); see § 119.071(2)(h), Fla....
CopyCited 9 times | Published | Supreme Court of Florida | 1997 WL 136201
...The *880 pre-existing papers would have already been available to Bryan. Propriety of Withholding Documents From Disclosure Preliminarily, the Court holds that the list of withheld documents provided to Plaintiff's counsel by Defendant met the requirements of section 119.07(2)(a), Florida Statutes....
...ld not be public records are rough drafts, notes to be used in preparing some other documentary material...."). Alternatively, to the extent any of these documents are "work product" constituting public records, they are exempt from disclosure under section 119.07(3)(1), Florida Statutes (1995)....
...hould "furnish[] it in camera to the trial judge for a determination"). To the extent that these documents do not fall within the scope of those materials protected from disclosure under Shevin, they clearly fall within the work product exemption of section 119.07(3)( l ), Florida Statutes (1995)....
CopyCited 9 times | Published | Florida 1st District Court of Appeal | 2003 WL 291002
...dential' at the time the documents were submitted to DEP" was "trade secret information under the definition of `trade secret' in §
812.081, Florida Statutes, and that such documents are confidential and exempt from the public disclosure mandate of §
119.07(1) pursuant to the exemptions in §§
815.04(3) and
815.045, Florida Statutes." On cross-appeal, Griffin contends that not a single one even of the documents marked confidential when furnished to DEP qualifies as a trade secret exempt from disclosure as public records....
...which is a trade secret as defined in s.
812.081 which resides or exists internal or external to a computer, computer system, or computer network which is held by an agency as defined in chapter 119 is confidential and exempt from the provisions of s.
119.07(1) and s....
CopyCited 9 times | Published | Florida 4th District Court of Appeal | 1996 WL 486562
...Appellants were the proper party plaintiffs to the lawsuit seeking public records. The complaint facially stated a cause of action for relief under chapter 119, Florida Statutes (1995). Whether or not the custodian designated under section
119.021 was served with a records request is not germane to this lawsuit. Section
119.07(1)(a) imposes a duty of disclosure upon "[e]very person who has custody of a public record." (Emphasis supplied). Under the statute, the custodian, or custodian's designee, supervises the manner of disclosure. §
119.07(1)(a), Fla....
CopyCited 9 times | Published | Florida 5th District Court of Appeal | 2006 WL 2347321
...Prisoners are entitled to disclosure of public records related to their convictions under chapter 119, Florida Statutes. Smith v. State,
696 So.2d 814, 815 (Fla. 2d DCA 1997). The custodian of the records for the state attorney's office is responsible, in this case, for providing records not exempt under section
119.07(3) upon Woodfaulk's proper request and payment *1227 in accordance with the provisions of section
119.07. Costs are either prescribed by statute or for the actual cost of duplication. §
119.07(1)(a)....
CopyCited 8 times | Published | Florida 1st District Court of Appeal | 96 L.R.R.M. (BNA) 2948
...to be represented for purposes of collective bargaining by the petitioning organization [UFF]." Section
447.307(2), Florida Statutes (1975). The ten professors asserted entitlement to inspect those signature cards as public records examinable under Section
119.07, Florida Statutes (1975)....
...thout prejudice to renewal in proper form. The Court denied the Marion County School Board's claim to free access under Chapter 119, saying "[t]o this extent section
447.307(2) may actually operate as an exemption to section
119.01, as recognized in section
119.07(2)(a)." (emphasis added) [1] While the Court's language was tentative, its denial of relief under Chapter 119 was unequivocal....
...The circuit court's judgment in No. BB-98 is REVERSED. The appeal in No. BB-295 and the petition for review in No. CC-37 are DISMISSED. The prayer of the petition for review in No. DD-410 is DENIED. MILLS, Acting C.J., and ERVIN, J., concur. NOTES [1] Section 119.07(2)(a) exempts from inspection "[a]ll public records which presently are provided by law to be confidential or which are prohibited from being inspected by the public, whether by general or special law......
CopyCited 8 times | Published | Florida 1st District Court of Appeal | 1988 WL 20587
...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)....
...Miami Herald Publishing Co. v. City of North Miami,
452 So.2d 572 (Fla. 3d DCA 1984). "[W]hen in doubt, *934 the court should find in favor of disclosure rather than secrecy." Bludworth,
476 So.2d at 780 n. 1. The instant appeal concerns the application of section
119.07(3)(j) (1985), which provides: All criminal intelligence and criminal investigative information received by a criminal justice agency prior to January 25, 1979, is exempt from the provisions of subsection (1). [1] For several reasons, we do not think disclosure of Downs' polygraph results 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 of section
119.07(3)(j) is to "exclude from the public eye legitimate law enforcement secrets." Satz v....
...See Satz v. Gore Newspapers Co.,
395 So.2d 1274 (Fla. 4th DCA 1981) (test for characterizing investigation is whether its nature is such that a criminal prosecution could result). Disclosure of Johnson's polygraph results would not defeat the purpose of section
119.07(3)(j) because the criminal acts and police investigation leading to Downs' conviction the murder of Jerry Harris have already occurred....
...hey are indeed as Austin represented them to be before the trial court and the Clemency Board. The trial court is therefore directed to issue the writ of mandamus. REVERSED. ZEHMER, J., and PEARSON, TILLMAN (Ret.), Associate Judge, concur. NOTES [1] Section 119.07(1)(a), Florida Statutes (1985), states that "[e]very person who has custody of a public record shall permit the record to be inspected and examined by any person desiring to do so, at any reasonable time, under reasonable conditions, a...
...nee." [2] We are aware of the need to protect information 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)....
CopyCited 8 times | Published | Florida 3rd District Court of Appeal | 1989 WL 68943
...We cannot subscribe to the City's contention that injunctive relief is not available in actions brought pursuant to Chapter 119, and the corollary suggestion that the exclusive remedy is mandamus. The statute in no way specifies the form of the action. See §§
119.07(2)(b)-(d),
119.11,
119.12, Fla....
...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. Stat. (1987). Other provisions of the Public Records Law then determine whether an exemption precludes the documents' public disclosure. Id. §
119.07....
CopyCited 8 times | Published | Florida 3rd District Court of Appeal
...ecords, Public Records Act, Sections
119.01-12, Florida Statutes (1981) (effective date July 1, 1975), and exempted therefrom records reflecting lawyer-client communications as "public records which are presently provided by law to be confidential," §
119.07(3)(a), Fla....
...is in the nature of an affirmative defense which must be raised in response to the issuance of an order to show cause why the relief sought should not be granted; (2) in any event, exemption could only be determined by reference to specific records, § 119.07(2)(a), Fla....
CopyCited 8 times | Published | Supreme Court of Florida
...gislative determinations. Since our decision in Wait, the legislature has recognized the necessity for exemptions *420 from the Public Records Act for investigative police reports and has adopted chapter 79-187, Laws of Florida (1979), which amended section 119.07 to add the following pertinent exemptions: (2) ......
CopyCited 8 times | Published | Supreme Court of Florida | 1996 WL 72570
...documents. The judge ruled that the withheld documents either were not public records or were statutorily exempt from disclosure. The judge determined that certain handwritten notes either were not public records or were exempt from disclosure under section 119.07(3)( l ), Florida Statutes (1995)....
...Roberts asserts that the circuit court erred in: (1) finding that the withheld handwritten documents are non-public records; (2) applying the capital collateral litigation work product exemption retroactively to a public records request that predated the October 1, 1995, effective date of the 1995 amendment to section 119.07(3)( l ); (3) dismissing his Brady claims; and (4) finding that the clemency materials are exempt from disclosure. We agree with the circuit court that the first category of withheld documents are either not public records or are exempt from disclosure under the work product exemption in section 119.07(3)( l )....
...ed inmates represented by state-appointed collateral counsel and capital inmates represented by their own counsel. The statute does provide that the work product exemption applies to "capital collateral litigation as set forth in [section]
27.7001." §
119.07(3)( l )1....
...a. There is a general policy that "all state, county, and municipal records shall be open for personal inspection by any person." §
119.01(1), Fla.Stat. (1995). However, certain public records are specifically exempt from disclosure by statute. See §
119.07(3), Fla.Stat. (1995). [2] Section
119.07(3)( l ), Florida Statutes (1995), provides an exemption for work product documents until litigation is concluded....
...a life sentence." Id. [3] Section
14.28, Florida Statutes (1993), provides in pertinent part that "[a]ll records developed or received by any state entity relating to a Board of Executive Clemency investigation shall be exempt from the provisions of s.
119.07(1)." [4] Brady v....
CopyCited 8 times | Published | Florida 5th District Court of Appeal
...Norflor Construction Corporation filed a petition for writ of mandamus pursuant to Chapter 119, Florida Statutes (1979) against the City of Winter Garden to obtain inspection of records concerning the Winter Garden Wastewater Treatment Facility being constructed by Norflor. Section 119.07(1)(a) provides in part: Every person who has custody of public records shall permit the records to be inspected and examined by any person desiring to do so, at reasonable times, under reasonable conditions, and under supervision by the custodian of the records or his designee....
...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. Stat. (1979). [3] §
119.07, Fla....
CopyCited 8 times | Published | Florida 1st District Court of Appeal | 1992 WL 84170
...State,
588 So.2d 4 (Fla. 2d DCA 1991), review denied,
595 So.2d 559 (Fla. 1992), the appellant was not requesting copies of the materials at public expense. Instead, the appellant made proper requests for access which may be effectuated in accordance with section
119.07(1)(a), Florida Statutes, and his reasons for seeking such access are immaterial. See Lorei v. Smith,
464 So.2d 1330 (Fla. 2d DCA), review denied,
475 So.2d 695 (Fla. 1985). 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....
...Blankenship,
407 So.2d 396 (Fla. 4th DCA 1981), review denied,
413 So.2d 877 (Fla. 1982). The active criminal investigative information exemption thus does not apply to information which has previously been made available at a public hearing. Downs; see also, §
119.07(4), Fla....
...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). Each of the appellant's petitions stated a prima facie claim for access under section
119.07(1)(a), and mandamus may be appropriate to enforce such public records disclosure....
...See e.g., Mills v. Doyle,
407 So.2d 348 (Fla. 4th DCA 1981); compare Florida Society of Newspaper Editors v. Public Service Commission,
543 So.2d 1262 (Fla. 1st DCA), review denied,
551 So.2d 461 (Fla. 1989). Whether any of the numerous exemptions in section
119.07(3) applies, or whether there is any other basis for nondisclosure, is in the nature of an affirmative defense which may be raised with specificity in a responsive pleading....
CopyCited 8 times | Published | Florida 1st District Court of Appeal | 1992 WL 74968
...During that proceeding, Bell contended that certain documents it produced during discovery constituted "proprietary confidential business information" under section
364.183 [1] and, therefore, *875 should be protected from public disclosure and considered exempt from the Public Records Act (Section
119.07(1), Florida Statutes (Supp....
...Upon request of the company or other person, any records received by the commission which are shown by the company or other person and found by the commission to be proprietary confidential business information shall be kept confidential and shall be exempt from s. 119.07(1)....
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 1991 WL 183850
...e attorney's criminal investigation files are subject to the Public Records Act. Kokal did not deal with copying or postage costs. Also, there is nothing in the Public Records Act itself which exempts indigents from the fee provisions of that act in section 119.07, Florida Statutes (1989)....
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 1998 WL 598334
...*20 Robert Michael Eschenfelder, Assistant City Attorney, St. Petersburg, for Appellant. Stephen L. Romine, Clearwater, pro se. WHATLEY, Judge. The City of St. Petersburg appeals an order directing it to provide certain records for inspection to Steven Romine pursuant to the public records law. See § 119.07, Fla....
...ential informant whose identity had been disclosed during a criminal trial. The City denied the request on the basis of the exemption from disclosure of "[a]ny information revealing the identity of a confidential informant or a confidential source." § 119.07(3)(c)....
...cords. At the hearing on Romine's complaint, Romine requested that the trial court conduct an in camera inspection of the requested records. There is no indication in the record that the trial court conducted such an inspection, which is mandated by section 119.07(2)(b) when the confidential informant exemption has been asserted....
...een working with law enforcement over the years had been disclosed at a criminal trial. The City contends that this court has held that previous disclosure of a confidential informant's identity does not remove that information from the exemption in section 119.07(3)(c)....
...In Tampa Television, the trial court ordered the disclosure pursuant to the public records law of a subpoena which on its face identified or purported to identify confidential informants. This court reversed the order of disclosure, stating as follows: In considering the exemptions granted in section 119.07(3)(e), we have concluded that neither the statute nor case law dictates that the exemptions from disclosure relate to confidential informants or sources who are currently being used as such, or whose identity has not previously been disclosed. We therefore conclude that it matters not that the informants or sources are no longer active or may have, through other sources, been identified as such. Section 119.07(3)(e) [now subsection (3)(c)] applies the exemptions to any information revealing identity....
CopyCited 7 times | Published | Florida 3rd District Court of Appeal | 2001 WL 1335001
...When there is any doubt, the court should find in favor of disclosure. City of St. Petersburg v. Romine,
719 So.2d 19, 21 (Fla. 2d DCA 1998). The only records that are exempt from production under the Act are those that are so delineated by the statute or those that are expressly exempted by general or special law. §
119.07(3), Fla....
...The trial court's summary judgment is therefore Affirmed. NOTES [1] As a threshold issue, we are not persuaded by DAC's argument that it was not properly served with written notice by the Herald. There is no requirement in the Public Records Act that requests for records must be in writing. Section 119.07(2)(c), dictates that a records custodian asserting an exemption to production of a document, may not dispose of the document for thirty days after a written request to examine records....
...quest. That response did not raise any objection to service. Neither did the response object that DAC was an improper party to produce the requested records. Instead, DAC produced the records it felt were public records, and, in full compliance with section 119.07(2)(c), explained why it wasn't remitting certain documents....
CopyCited 7 times | Published | Court of Appeals for the Eleventh Circuit | 39 Fair Empl. Prac. Cas. (BNA) 53
...as unable to perform her job because she was adversarial and unable to get along with and gain the respect of her coworkers. Under Florida law, these written reasons presented to Ms. Sullivan and the school board became public record under Fla.Stat. § 119.07 (1979)....
CopyCited 7 times | Published | Florida 1st District Court of Appeal | 1994 WL 182035
...The Department of Health and Rehabilitative Services (HRS) asks us to quash a writ of mandamus requiring it to furnish South Beach Pharmacy, Inc. d/b/a Southpointe Pharmacy (Southpointe) a copy of a hearing transcript HRS has on file, upon Southpointe's tender of copying costs. We believe the trial court correctly applied section 119.07(1)(a), Florida Statutes, and affirm the final judgment granting writ of mandamus....
...ncy has been filed with the agency, the transcript becomes a public record, [6] without regard to who ordered the transcription or bore its expense. The agency can charge neither the parties, §
120.57(1)(b)7., Fla. Stat. (1993), nor the public, [7] §
119.07(1)(a), Fla....
...make a full or partial transcript available." §
120.57(1)(b)7., Fla. Stat. (1993). See Op.Att'y Gen.Fla. 89-93 (1993) ("book produced in connection with official city business to report a city's growth management would qualify as a public record"). HRS makes no claim here that any of the exemptions set out in section
119.07(3), Florida Statutes (1993), protect the transcript at issue from disclosure, duplication, or dissemination....
CopyCited 7 times | Published | Florida 4th District Court of Appeal | 1993 WL 64596
...As the substantive law endorses the right of privacy or confidentiality of a child abuse investigation *1212 report, respondents argue that a subsequent amendment to the statute cannot be applied retroactively to interfere with or diminish that substantive right. Alternatively, respondents argue that section 119.07 of the Florida Public Records Act allows discovery of the HRS records. In particular, section 119.07(7)(a) provides that any person may petition the court for an order making public the HRS records pertaining to alleged child abuse; and if the court should determine a good cause exists for public access, they may be disseminated accordingly....
CopyCited 7 times | Published | Florida 4th District Court of Appeal
...The legislature reacted to Wait by codifying the police secrets rule into the Act as an exemption for "active criminal intelligence information" and "active criminal investigative information." See Ch. 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 119.0...
...ounty State Attorney and the convening of the Highlands County Grand Jury in the very near future to consider such incident, the subject documents constitute "active criminal investigative information," and are therefore exempt from inspection under Section 119.07(1)(a) Fla....
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 1992 Fla. App. LEXIS 6544, 1992 WL 135053
...Namia, however, would not provide a copy of the chart. Wisner unsuccessfully sought, through letters, copies of the polygraph materials from Namia and the City. His request was based upon his position that he was entitled to these materials as a public record under section 119.07, Florida Statutes (1989) [1] ....
...of the public record or his designee. The custodian shall furnish a copy or a certified copy of the record upon payment of the fee prescribed by law or, if a fee is not prescribed by law, upon payment of the actual cost of duplication of the record. § 119.07(1), Fla....
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 2 I.E.R. Cas. (BNA) 889
...86). That subsection essentially provides that all medical records of county or municipal employees enrolled in a county or municipal group or self-insured plan that are in the custody of a governmental unit shall be confidential and are exempt from section 119.07(1), Florida Statutes (1985)....
...unty or municipal employees, former county or municipal employees or eligible dependents of such employees enrolled in a county or municipal group insurance plan or self-insurance plan shall be kept confidential and are exempt from the provisions of section 119.07(1)....
...*1027 It is significant to us that section
112.08(8), enacted at the same time and in the same legislative act as section
112.08(7), does have such clear and explicit language that differs greatly from that used in section
112.08(7). Section
112.08(8), in its pertinent parts, provides an exemption from section
119.07(1) for " Patient medical records and medical claims records of water management district employees ......
CopyCited 7 times | Published | Florida 3rd District Court of Appeal | 1993 Fla. App. LEXIS 12100
...91-285, Laws of Fla. The cases cited by the majority in support of retroactive statutory application do not apply to this case. Though City of Orlando v. Desjardins,
493 So.2d 1027 (Fla. 1986), held that a new Florida Public Records Act exemption (section
119.07, Florida Statutes (1985)) was remedial and to be applied retroactively, Desjardins is a factually different case....
CopyCited 7 times | Published | District Court, M.D. Florida | 1996 U.S. Dist. LEXIS 15304, 1996 WL 450263
...Even the attorney-client privilege is not generally extended to communications between lawyers and governmental clients. City of North Miami v. Miami Herald Publishing Co.,
468 So.2d 218, 220 (Fla.1985). Although there is an exception to the Public Records Act for pending and imminent litigation, Fla.Stat. §
119.07(3)( l ), SPHA was not engaged in any such litigation at the time Mr....
CopyCited 7 times | Published | Florida 1st District Court of Appeal | 1992 WL 191324
...l information in its possession regarding the issue of a practitioner's impairment and his participation in the treatment program. All information obtained by the consultant and the department pursuant to this section is confidential and exempt from s. 119.07(1), subject to the provisions of this subsection and subsection (7)....
...rmation disclosed in the impaired practitioners programs from discovery and use in civil litigation involving the impaired practitioner. The only intent clearly expressed in the statute is to exempt treatment information from the public records act, section 119.07, and even this protection is conditional and limited in scope....
CopyCited 7 times | Published | Florida 5th District Court of Appeal | 2010 Fla. App. LEXIS 4285, 2010 WL 1233497
...Rechler,
674 So.2d 789, 790 (Fla. 4th DCA 1996). Here, Poole's second amended complaint adequately alleged each of these elements. As to the indisputable legal duty, Poole alleged that the appraisals were public records that were required, pursuant to section
119.07, Florida Statutes (2007), [1] and section
166.045, Florida Statutes (2007), [2] to be produced to a member of the public upon request....
...ctive to obtain the requested appraisals. [3] Accordingly, we find that the trial court erred in dismissing Count II of Poole's second amended complaint. AFFIRMED, in part; REVERSED, in part; REMANDED. MONACO, C.J. and GRIFFIN, J., concur. NOTES [1] Section 119.07, Florida Statutes (2007), provides: Inspection and copying of records; photographing public records; fees; exemptions....
...al property for a municipal purpose, every appraisal, offer, or counterclaim must be in writing. Such appraisals, offers, and counterclaims and counteroffers are not available for public disclosure or inspection and are exempt from the provisions of section 119.07(1) until an option contract is executed or, if no option contract is executed, until 30 days before a contract or agreement for purchase is considered for approval by the governing body of the municipality....
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 2001 Fla. App. LEXIS 6954, 2001 WL 527644
...Art. I, § 23, Fla. Const. Courts cannot judicially create any exceptions, or exclusions to Florida's Public Records Act. Douglas,
410 So.2d at 940. Certain personal information for certain types of occupations are exempted from public disclosure by section
119.07(3)(i), Florida Statutes (1999)....
CopyCited 6 times | Published | Florida 1st District Court of Appeal | 12 Fla. L. Weekly 1365
...orate the privacy interests of persons under the Florida Constitution, particularly in cases 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)....
CopyCited 6 times | Published | Florida 5th District Court of Appeal | 2000 WL 903103
...In April 1998, Woolling submitted a written request pursuant to Chapter 119, Florida Statutes, for public records relating to him in the possession of the State Attorney. In May 1998, Woolling sent a letter to the State Attorney requesting a written response identifying the specific exemptions pursuant to section 119.07 that the State Attorney claimed applied....
...Woolling or, in the alternative, to forward whatever records that he claimed were exempt to the trial court for an in camera inspection. The State Attorney requested a rehearing and clarification of the Court's ruling. The trial court stayed its order. The State Attorney filed a Supplemental Argument claiming that section 119.07(3)(b) provided an exemption from disclosure for "active criminal intelligence information and active criminal investigative information." The trial court 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). Woolling appealed. The State Attorney argued on appeal that section
119.07(3)(b) exempts the requested records from disclosure in every case that is being actively prosecuted....
...nd districts; and each constitutional officer, board and commission or entity created pursuant to law or this Constitution. A citizen's right to public records is addressed in Chapter 119, Florida Statutes, entitled "Public Records." [3] Pursuant to section 119.07(1)(a), the custodian of a public record is required to allow the record to be inspected and examined by any person desiring to do so, unless the custodian claims one of the exemptions specified in section 119.07(3)....
...Public Records P.C.S.O., No. 79-35504 Miller/Jent,
493 So.2d 480 (Fla. 2d DCA 1986), *768 rev. denied sub nom
503 So.2d 327 (Fla. 1987); Bludworth v. Palm Beach Newspapers, Inc.,
476 So.2d 775 (Fla. 4th DCA 1985), rev. denied
488 So.2d 67 (Fla. 1986). Section
119.07(3)(b) provides that active criminal intelligence information [4] and active criminal investigative information are exempt from the provisions of section
119.07(1) and Article 1, section 24, Florida Constitution. In order for a record to be exempt under section
119.07(3)(b) the claimant must show that the record is both "active" and that it constitutes "criminal investigative information." Criminal investigative information is "information with respect to an identifiable person or group of persons c...
...criminal investigative information shall be considered "active" while such information is directly related to pending prosecutions or appeals. The word "active" shall not apply to information in cases which are barred from prosecution under the provisions of s.
775.15 or other statute of limitation. Section
119.07(2)(b) requires in camera inspections when the exemption is claimed by virtue of sections
119.07(3)(c),(d),(e),(k),( l ), or ( o ). However, if an exemption is alleged to exist by virtue of section
119.07(3)(b) an in camera inspection is within the court's discretion. Although section
119.07(3)(b) does not require an in camera inspection, "it is always better practice ......
...Dempsey,
478 So.2d 1128 (Fla. 1st DCA 1985). The record in the lower court simply contains the assertions and the oral and written argument of counsel for the parties. The Appellee presented no evidence to meet its burden that the records are exempt under section
119.07(3)(b)....
...or a recitation as to why that section of the statute applies to the requested records. An in camera inspection by the lower court is therefore required so that the trial court will have a factual basis to *769 decide if the records are exempt under section 119.07(3)(b). This matter is remanded to the trial court for an in camera inspection of the records in the possession of the State Attorney's Office relating to Woolling, in order to determine if they are exempt from disclosure pursuant to section 119.07(3)(b)....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 30 Media L. Rep. (BNA) 2202, 2002 Fla. App. LEXIS 9414, 2002 WL 1426532
...ugh such a review might have been a possible way to resolve the dispute. See Woolling v. Lamar,
764 So.2d 765 (Fla. 5th DCA 2000) (requiring in camera inspection of public records claimed to be exempt, even though such inspection was not required by section
119.07)....
...NOTES [1] The City apparently has placed the "personal" e-mail on a separate CD-ROM awaiting a final decision in this suit. Because the Times has brought an action seeking disclosure, the City may not destroy this disk absent an appropriate circuit court order pursuant to section 119.07(2)(c), Florida Statutes (2000)....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 2008 WL 199888
..."the nature or volume of public records requested to be inspected or copied . . . is such as to require extensive use of information technology resources or extensive clerical or supervisory assistance by personnel of the agency involved, or both." § 119.07(4)(d). This charge is in addition to the cost of duplication, which may also be charged to the person requesting the copies. § 119.07(4)....
...for such extensive use of information technology resources or the labor cost of the personnel providing the service that is actually incurred by the agency or attributable to the agency for the clerical and supervisory assistance required, or both. § 119.07(4)(d)....
...ce statutes to support conclusion that legislature intended different meaning when it used the more limited term in PIP statute). Clearly, then, the legislature did not intend that the labor cost component of the special service charge authorized in section 119.07(4)(d) was to be limited to actual wages....
...For example, when it was impossible or impracticable to photograph records in the place where they were kept, a person seeking to photograph records was required to cover the expense of providing a suitable place. § 119.03, Fla. Stat. (1941) (now located at section 119.07(3)(d), Florida Statutes (2004))....
...., or in case the same fail to agree as to the said charge, then by the board of county commissioners of said county." § 119.03, Fla. Stat. (1941). In 1975, the legislature amended the public records law to allow for the collection of fees when copies were requested. Ch. 75-225, § 4, at 638, Laws of Fla. (amending section 119.07(1) to state that a records custodian shall furnish copies "upon payment of fees as prescribed by law or, if fees are not prescribed by law, upon payment of the actual cost of duplication of the copies"). The legislature added a version of the provision at issue here in 1979, when it created section 119.07(4) to provide as follows: In the case of records produced under this act, when the nature or volume of records is such as to require extensive clerical or supervisory assistance by personnel of the agency involved, the agency may charg...
..."labor cost." See State v. Parks,
866 So.2d 172, 174 (Fla. 2d DCA 2004) (stating presumption that legislature intends statute to have different meaning when it amends language of statute). Therefore, we reverse the circuit court's interpretation of section
119.07(4)(d), and we approve the County's formula that includes both an employee's salary and his or her benefits when calculating the labor cost to be included in the special service charge authorized by that statute....
...First, the County presented sufficient testimony at the show cause hearing to substantiate the basis for the charge. Second, the special service charge applies to requests for both inspection and copies of public records when extensive clerical assistance is required. See 119.07(4)(d) ("If the nature of volume of public records requested to be inspected or copied ....
CopyCited 6 times | Published | District Court, S.D. Florida | 4 Am. Disabilities Cas. (BNA) 734, 1995 U.S. Dist. LEXIS 6039, 1995 WL 262889
...at 1046. The Second Amended Complaint alleges that Defendant's statement that Plaintiff was intoxicated at work is false and stigmatizing; that the statements attended her employment termination; that the statements became public pursuant to Fla.Stat. 119.07; and that prior to and after publishing said statements, Defendant failed to give Plaintiff a meaningful opportunity to clear her name....
CopyCited 5 times | Published | Supreme Court of Florida | 2004 WL 2201732
...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)....
...en copied, indexed, and delivered to the records repository. *1132 (f) Exempt or Confidential Public Records. (1) Any public records delivered to the records repository pursuant to these rules that are confidential or exempt from the requirements of section 119.07(1), Florida Statutes, or article I, section 24(a), Florida Constitution, must be separately contained, without being redacted, and sealed....
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 1991 WL 213278
...ic Records Act, section
119.01, et seq., Fla. Stat. (1989), the act specifically provides that a custodian of public records shall furnish copies of those records "upon payment of the fee prescribed by law" and there is no provision for free copies. Section
119.07(1)(a), Fla....
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 2002 WL 31557951
...ong-term care facility ..., as well as incident reports filed with the facility's risk manager and administrator, notifications of the occurrence of an adverse incident, and adverse incident reports from the facility are confidential and exempt from § 119.07(1) and § 24(a), Art....
CopyCited 5 times | Published | Supreme Court of Florida | 35 Fla. L. Weekly Supp. 180, 2010 Fla. LEXIS 405, 2010 WL 958075
...At the urging of the Consolidated Rules Committee, with the support of the Access Subcommittee and the Florida Public Defender Association, we have included a provision that requires that a subdivision (f)(3) motion be treated as confidential pending a ruling on the motion or until otherwise ordered by the court. Cf. §§ 119.071(2)(c); 119.071(2)(f); 119.0714(1)(f), Fla....
...The following information shall be maintained as confidential: (A) information described by any of subdivisions (c)(1) through (c)(6) of this rule; and (B) except as provided by court order, information subject to subdivision (c)(7) or (c)(8) of this rule that is currently confidential or exempt from section
119.07, Florida Statutes, and article I, section 24(a) of the Florida Constitution under any of the following statutes or as they may be amended or renumbered: (i) Chapter 39 records relating to dependency matters, termination of parental rights, guardians ad litem, child abuse, neglect, and abandonment. §
39.0132(3), Fla. Stat. (ii) Adoption records. §
63.162, Fla. Stat. (iii) Social Security, bank account, charge, debit, and credit card numbers in court records. §
119.0714(1)(i)-(j), (2)(a)-(e), Fla. Stat. (Unless redaction is requested pursuant to
119.0714(2), this information is exempt only as of January 1, 2011.) (iv) HIV test results and patient identity within those test results....
...(xi) Estate inventories and accountings. §
733.604(1), Fla. Stat. (xii) The victim's address in a domestic violence action on petitioner's request. §
741.30(3)(b), Fla. Stat. (xiii) Information identifying victims of sexual offenses, including child sexual abuse. §§
119.071(2)(h),
119.0714(1)(h), Fla....
...(If the document is filed within a Chapter 39 case, this form is not required.) _____ Adoption records. §
63.162, Fla. Stat. (If the document is filed within a Chapter 63 adoption case, this form is not required.) _____ Social Security, bank account, charge, debit, and credit card numbers in court records. §
119.0714(1)(i)-(j), (2)(a)-(e), Fla. Stat. (Unless redaction is requested pursuant to §
119.0714(2), this information is exempt only as of January 1, 2011.) _____ HIV test results and patient identity within the HIV test results....
..._____ Estate inventories and accountings. §
733.604(1), Fla. Stat. _____ Victim's address in domestic violence action on petitioner's request. §
741.30(3)(b), Fla. Stat. _____ Information identifying victims of sexual offenses, including child sexual abuse. §§
119.071(2)(h),
119.0714(1)(h), Fla....
...e amendment. [23] See supra note 11. [24] See Privacy Report at 63. [25] Rule of Appellate Procedure 9.100(d) provides the procedure for seeking review of orders granting or denying access to court records. [26] See
954 So.2d at 23 n. 13. [27] See §§
119.071(2)(c) (public records exemption for active criminal investigative information);
119.071(2)(f) (public records exemption for information revealing the identity of a confidential informant);
119.0714(1)(f) (application of section
119.071(2)(f) to court files), Fla....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 1989 WL 61120
...ublic records, Fox and Alligator Towing were asked to "state the basis for such a conclusion, including the applicable statutory citation to any claimed exemption, and state in writing with particularity the reasons for such conclusions, pursuant to Section 119.07(2)(a), Florida Statutes." Fox and Alligator Towing, believing themselves to be private parties merely contracting with a city government, and as such not covered by the public records law, filed a declaratory action seeking the lower c...
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 21 Media L. Rep. (BNA) 1063, 1993 Fla. App. LEXIS 7, 1993 WL 885
...Simon of Steel Hector & Davis, West Palm Beach, for appellee. *589 STONE, Judge. The trial court ordered the Community College Foundation to disclose, as a public record, material that the Foundation argues is exempt from the public records disclosure requirements of section 119.07(1), Florida Statutes....
...All records of the organization, other than the information necessary for the annual report required by s. 240.311(3)(h)6. and the auditor's report and supplemental data requested by the board of trustees and the Auditor General, shall be confidential and exempt from the provisions of s. 119.07(1)....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 366, 2010 WL 183998
...Appellants subsequently asked to inspect and copy many other purported public records relating to the April 11 Commission election. In the present action, appellants have raised issues under Florida public records and open meeting laws. Count One, the public records claim, alleges violations of section 119.07, Florida Statutes (2006), and article I, section 24(a) of the Florida Constitution, based on the City's refusal to allow appellants to inspect and copy the Minutes before the May 15 meeting....
...The statutory provision addressing "inspection and copying of records" states: 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. § 119.07(1)(a), Fla....
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 1996 Fla. App. LEXIS 638, 1996 WL 38846
...Orange County hired an entity called CRSS/Kelsey/Hardin ("CKH") as the construction manager [1] for the expansion and renovation of the Orange County Civic Center, a public building on public property being expanded and renovated at a cost of $171,346,000 in public funds. Pursuant to section 119.07, L.E....
...KH. 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). Harold sued the County and CKH under section
119.07 to obtain the records CKH would not disclose, and the trial court dismissed his complaint with prejudice on the basis that CKH was not acting on behalf of the County....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 1992 WL 25845
...copying costs ( Wootton, supra ; Yanke, supra ), nor would the prisoner be entitled to a list of documents ( Wootton, supra ), nor would the custodian be required to provide the original file to the prisoner at the place of incarceration ( see *1150 section 119.07(1)(a), Florida Statutes (1991), which provides that inspections shall be permitted at a reasonable time and under reasonable conditions)....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 12 Fla. L. Weekly 1101
...Chase of Allen, Knudsen, Swartz, DeBoest, Rhoads & Edwards, P.A., Fort Myers, for appellees. SCHEB, Acting Chief Judge. Brian Bevan appeals a trial court's order dismissing his case with prejudice. We reverse. Bevan filed suit against the appellees claiming a violation of the Public Records Act. See § 119.07, Fla....
...Public *1118 Records,
493 So.2d 480 (Fla. 2d DCA 1986). Furthermore, the Public Records Act does not condition the inspection of public records on any requirement that the person seeking to inspect records reveal that person's background information. See §
119.07, Fla....
CopyCited 4 times | Published | Supreme Court of Florida | 2005 WL 2898649
...If the request is denied, the custodian shall state in writing the basis for the denial. (3) Fees for copies of records in all entities in the judicial branch of government, except for copies of court records, shall be the same as those provided in section 119.07, Florida Statutes (2001)....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 1991 WL 70841
...nt of Corrections (DOC), the appellee. DOC and appellant stipulated that in the course of the representation of inmates, appellant has requested copies of DOC records. Appellant filed a challenge of a rule adopted by the DOC pursuant to section *268 119.07(1)(b), Florida Statutes....
...stance by department personnel. For the purpose of this rule, `extensive' means that it will take more than 15 minutes to locate, review for confidential information, copy and refile the requested material. Rule 33-1.004(3), F.A.C. (emphasis added). Section 119.07(1)(b) provides, in pertinent part, that if: the nature or volume of public records requested to be inspected, examined, or copied pursuant to this subsection is such as to require extensive use of information technology resources or ex...
...information. The DOC and appellant further stipulated that appellant has been substantially affected by Rule 33-1.004(3). The hearing officer concluded in his final order that the rule was not an invalid exercise of legislative authority inasmuch as section 119.07 specifically authorizes a "special service charge" when requested material requires "extensive use of information technology resources or extensive clerical or supervisory assistance......
...McMillan,
49 Fla. 243,
38 So. 666 (1905). Appellant further cites to an opinion of the Attorney General providing that no provision of Chapter 28 or 119, Florida Statutes, authorizes a fee for the inspection and examination of public records except as provided in section
119.07(1)(b), when the nature or volume of such records necessitates extensive clerical or supervisory assistance....
...1984 Op.Att'y.Gen.Fla. 084-81 (Aug. 21, 1984), readopted 1986 Op.Att'y.Gen.Fla. 086-69 (Aug. 14, 1986). Appellant notes further that under Florida law, government records shall be open to inspection by the public at a reasonable time and under reasonable conditions. Section 119.07(1)(a), Florida Statutes....
...than that bare general supervision, observation, or watchfulness on his part that it is his duty at all times and under all circumstances to exercise ..." Id.
38 So. at 667. (Emphasis added). Interestingly, the statute at issue in McMillan, [1] like section
119.07(1)(b), provided that a court clerk was not required "to perform any service" in connection with the right of inspection or the making of abstracts without payment of compensation as fixed by law....
...The Attorney General opined that there was no specific provision in Chapter 119 for the charging of a fee for the deletion of exempt material; however, the Attorney General observed that an agency may charge for "extensive clerical or supervisory assistance," referring to section 119.07(1)(b), Florida Statutes (1983)....
...as invalid, as the hearing officer observed. Agrico Chemical Co. v. Dept. of Environmental Regulation,
365 So.2d 759 (Fla. 1st DCA 1978). Because appellant made no demonstration below of only one acceptable meaning of the term "extensive" as used in section
119.07, and because appellant has not shown that the term as used in the rule does not comport with the intent and purposes of the statute, we defer to the DOC's interpretation which we do not find to be "clearly erroneous." Shell Harbor Group v....
...I respectfully dissent. Rule 33-1.004(3), F.A.C., imposes a charge if a Department *270 of Corrections clerk expends fifteen minutes or more in locating and reviewing requested documents. This condition exceeds the agency's delegated authority under section 119.07(1)(b), Florida Statutes. Section 119.07(1)(b) speaks in terms of a particular request for public records or documents that requires the agency to provide " extensive use of information technology resources or extensive clerical or supervisory assistance by personnel of the a...
...The hearing officer's order contains a finding that fifteen minutes is not in itself extensive, but justifies treating this short limitation as "extensive" within the meaning of the statute by reason of the "cumulative effect of numerous requests" for information from the agency. I find no language in section 119.07(1)(b) that supports a notion that this section contemplates the cumulative effect of numerous requests in determining what is "extensive." On the contrary, this section is written in terms of a single request, and it is clear to me tha...
...request for location and review of public records requires "extensive" time, no charge may be made for the service pursuant to the statute. In view of the hearing officer's finding that fifteen minutes per se is not extensive, neither the record nor section 119.07(1)(b) supports the validity of this rule requirement. The legislative intent manifested by the statutory language in section 119.07(1)(b) contemplates a single request to the agency that by reason of the "nature or volume of public records requested to be inspected, examined, or copied pursuant to this subsection" requires an unusual amount of time and effort to be expended by the agency....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2005 WL 1225437
...ng-term care facility . . . as well as incident reports filed with the facility's risk manager and administrator, notifications of the occurrence of an adverse incident, and adverse incident reports from the facility are confidential and exempt from s. 119.07(1) and s....
...discoverable. Mariner also relies on Fluitt to support this argument. Mariner's reliance on section
400.119 is misplaced. The protection afforded by section
400.119(1) addresses the public's right of access to the documents as otherwise provided by section
119.07(1) and Article I, section 24(a) of the Florida Constitution....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 1999 WL 123590
...In both instances, the mother sought "any and all documents pertaining to infant child" S.R., including investigation and autopsy reports. On April 22, 1998, the Sheriffs Office moved for a protective order, claiming that the requested information was exempt from disclosure under section 119.07(3)(b), Florida Statutes (1997), since it pertained to an active criminal investigation into the death of infant S.R....
...I Both the mother and the Department agree that certiorari should be granted to compel the production of investigative reports by the Sheriff's Office and the Medical Examiner's autopsy report. The Sheriff and the Medical Examiner claim that the investigative and autopsy reports are exempt from disclosure under section 119.07(3)(b), Florida Statutes (1997), which provides that "active criminal investigative information" is exempt from disclosure under section 119.07(1)(a)....
...ctions is for the same type of open discovery that exists in criminal proceedings, subject to the limitations on disclosure specified in Rule 8.245(b). In the context of a criminal proceeding, the first district has indicated that "the provisions of Section 119.07, Florida Statutes, are not intended to limit the effect of Rule 3.220, the discovery provisions of the Florida Rules of Criminal Procedure," so that a public records exemption cannot limit a criminal defendant's access to discovery....
...rries to distract him. Franz Kafka, The Trial 146 (The Modern Library 1964) (1937). [3] As a result of the 1998 amendments to Chapter 39, this provision of the law is now contained in section
39.013(1), Florida Statutes (Supp.1998). [4] We note that section
119.07(8), Florida Statutes (1997), provides that section
119.07 is "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...." There is no reference in the section to dependency proceedings....
CopyCited 4 times | Published | Supreme Court of Florida | 2005 WL 1529690
...petition, documents, transcripts, recordings of cases, and any other information that could be used to identify a minor who has petitioned the court for a judicial waiver of parental notice of termination of pregnancy is confidential and exempt from section 119.07(1), Florida Statutes, and section 24(a), Article I of the State Constitution....
CopyCited 4 times | Published | Supreme Court of Florida | 92 L.R.R.M. (BNA) 3458
...an employer, he may choose to forego or curtail the exercise of his constitutional right rather than submit to such pressures." [4] Art. I, § 6, Fla. Const. [5] The public records law contains no express exemption relative to collective bargaining. Section 119.07(2)(a), Fla....
...[10] The statute does not provide free public access to signature cards, but rather limited access to a narrowly defined class of interested persons. To this extent Section
447.307 (2) may actually operate as an exemption to Section
119.01, as recognized in Section
119.07 (2)(a)....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2005 WL 1364557
...e temporarily sealed to protect Smith's right to a fair trial. The order further provided for the redaction of certain information in portions of the released materials to protect Smith's right to a fair trial or pursuant to particular provisions of section 119.07, Florida Statutes (2003)....
...Analysis In evaluating the challenged portion of the trial court's order, we begin with the important general principle that once criminal investigative or intelligence information is disclosed by the State to a criminal defendant that information becomes a nonexempt public record subject to disclosure pursuant to section 119.07(1). See §§ 119.07(6)(b), .011(3)(c)(5)....
...ness. 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.
119.07(1) until released at trial if it is found that the release of such information would: a....
...Although the trial court erred in ruling on issues that were not properly before it, the court entered the ruling in an attempt to resolve the gap in the statutes that this case so aptly illustrates. First, we start with the principle that all criminal investigative information is exempt from section 119.07 until the information is disclosed to the defendant pursuant to the discovery rules contained in the Florida Rules of Criminal Procedure....
...Finally, once the criminal investigative information is provided to the defendant, it becomes a public record and must be disclosed upon request unless the custodian of that information (the State) finds that the specific information is exempt from the application of section 119.07....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 8 Media L. Rep. (BNA) 1330
...e. Appellants raise only two issues which merit discussion, i.e., whether mandamus was the proper remedy for the relief sought by appellee, and whether the Lee County resolution is in violation of the right of access to public records as provided in section 119.07(1)(a), Florida Statutes (1979)....
...The supreme court also expressly refused to "analyze the public records law in its broad aspects to determine how much, if any, of a county employee's personnel record is exempt from public disclosure." Id. at 648. In that regard, the public records law in section 119.07(3)(c) expressly exempts from disclosure questions and answers of examinations administered for the purpose of, among other things, employment....
...hich the supreme court held in News-Press was not necessary; that is, whether nonstatutory public policy considerations may restrict public access to public records. The court in Veale determined, on the basis of its construction of the then amended section 119.07(3)(a) and pursuant to News-Press, that there was no such "public policy" exemption....
...s it ever to be determined which of the contents may be exempt unless the employee is brought into the disclosure process so as to exercise those rights or exemptions and thereby be a party to any enforcement proceeding under the public records law? Section 119.07(1)(a) provides that those having custody of public records shall permit them to be inspected "at reasonable times, under reasonable conditions." In issuing its writ of mandamus holding the Lee County resolution unnecessarily restrictiv...
...That enlargement would include reasonable regulations that would permit an employee whose file is being sought an opportunity to protect contents of the file that might be the subject of any statutory or constitutional privilege. The public records law recognizes that access may be denied to exempt or privileged matters. Section 119.07(2)(a), for instance, provides that any person who has custody of public records, who asserts that an exemption provided in section 119.07(3) or in general or special law applies, shall delete from the file the items for which the exemption is asserted. Exempted by section 119.07(3) are records which are presently provided by law to be confidential or which are prohibited by general or special law from being inspected by the public....
...otect potential rights does not seem to us to be an undue restriction on those seeking access. We, therefore, conclude that Resolution 80-3-10 of the Board of County Commissioners of Lee County, Florida, does not impose unreasonable conditions under section 119.07(1)(a)....
...SCHEB, Chief Judge, dissenting. The narrow question before the court is whether the twenty-four hour delay which may be imposed between a request to examine personnel records and the time the county permits for inspection violates the right of access provided by section 119.07(1)(a), Florida Statutes (1979)....
...The reasoning of the majority is persuasive. However, I think the result it reaches is foreclosed by the statutory language of the Public Records Act, as the legislature has preempted the right to legislate in the area of access to public records. Section 119.07, Florida Statutes, provides: (1)(a) Every person who has custody of public records shall permit the records to be inspected and examined by any person desiring to do so, at reasonable times, under reasonable conditions, and under supervision by the custodian of the records or his designee......
...City of Boca Raton,
353 So.2d 1194 (Fla. 4th DCA 1978), has addressed the issue. In Veale the Fourth District concluded that the legislature foreclosed any judicial exemptions to the disclosure and examination of personnel records since the legislature in 1975 changed section
119.07(2)(a) to permit only those exemptions "provided by law." This view was endorsed by the supreme court in Wait....
...After Shevin, as the majority notes, any claim of state constitutional right of privacy in public records was foreclosed by the adoption of the amendment of section 23, Article I, Florida Constitution. Resolution 80-3-10, to the extent it permits a twenty-four hour delay, conflicts with section 119.07(1)(a), and is invalid....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2002 WL 31250340
...objections to disclosure to be waived and the discovery materials would "become fully open to public disclosure." Gutierrez subsequently objected to the release of specific discovery materials on the sole ground that those records were exempt under section 119.07(3)(k), Florida Statutes (2001)....
...ified, and asked the court to immediately release all portions of those records that did not actually contain exempt information. On April 3, 2002, the trial court entered an order which sealed all of the records Gutierrez claimed to be exempt under section 119.07(3)(k)....
...Fort Myers Armature Works, Inc.,
658 So.2d 646, 648 (Fla. 2d DCA 1995). Here, the circuit court's order excluded the press and public from access to otherwise public records until "the criminal case is finally determined by adjudication, dismissal, or other final disposition." §
119.07(3)(k), Fla....
...blic 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). Gutierrez objected to the release of specific discovery materials on the ground that those records were exempt under section
119.07(3)(k). Section
119.07(3)(k) provides: Any information revealing the substance of a confession of a person arrested is exempt from the provisions of subsection (1) and s....
...law enforcement officers. Statutory exemptions to the public's right of access to records must be "narrowly construed." Tribune Co.,
493 So.2d at 484. The Times and Gutierrez differ on what constitutes the "substance of a confession" referred to in section
119.07(3)(k). We have found no appellate case law interpreting the term "substance of a confession" in reference to section
119.07(3)(k)....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 1993 WL 415981
...on the grounds that WFTV's complaint was rendered moot. WFTV also appeals the trial court's denial of its request for attorney's fees and costs. We reverse. On September 11, 1992, WFTV filed an emergency complaint to enforce the public records law, section 119.07(1)(a), Florida Statutes (1991), in the circuit court for Martin County....
CopyCited 3 times | Published | District Court of Appeal of Florida | 9 Media L. Rep. (BNA) 2480
necessarily open to inspection by the general public. Section
119.07 carves out a number of exemptions from the
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2005 WL 3112545
...See Campus Commc'ns, Inc. v. Earnhardt,
821 So.2d 388 (Fla. 5th DCA 2002). Subsection 1 of that statute unambiguously states: "A photograph or video or audio recording of an autopsy in the custody of a medical examiner is confidential and exempt from the requirements of s.
119.07(1) and s....
...ply with constitutional requirements. Thus section
406.135 does not render these court exhibits confidential. If any statute accomplishes that act, it must be a provision in chapter 119. IV. CHAPTER 119, FLORIDA STATUTES (2005) The State argues that section
119.071(2)(h) provides the necessary exemption....
...cord, including those portions of court records and court proceedings, which may reveal the identity of a person who is a victim of any sexual offense, including a sexual offense proscribed in chapter 794, chapter 800, or chapter 827, is exempt from s. 119.07(1) and s....
...videotape, or image of any part of the body of the victim of a sexual offense prohibited under chapter 794, chapter 800, or chapter 827, regardless of whether the photograph, videotape, or image identifies the victim, is confidential and exempt from s. 119.07(1) and s....
...pressly 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 chapter shall be construed to exempt from subsection (1) a public record that was made a part of a court file and that is not specifically closed by order of court, except . . . information or records that may reveal the identity of a person who is a victim of a sexual offense as provided in s.
119.071(2)(h)....
...(Emphasis supplied.) Subsection (1) contains the provisions permitting inspection of public records. Thus, because the photographs at issue in this case are part of a court file, they are not exempt unless they fall within the exception described in section 119.07(6) concerning records that reveal the identity of a victim. The records at issue in the trial court may come within the description in section 119.071(2)(h)(2), but they do not come within the description in section 119.071(2)(h)(1)....
...was the victim of a sexual offense. See Staton v. McMillan,
597 So.2d 940 (Fla. 1st DCA 1992) (statutory exemptions from disclosure under Public Records Act do not apply if information has already been made public). Thus, the exception contained in section
119.07(6) does not apply....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 18128, 2011 WL 5560679
...Live Oak office and that he should contact the appellee's legal assistant to arrange a date and time for inspection. The appellant's complaint argued that the refusal to produce the requested records in Lake City was unreasonable and in violation of section 119.07, Florida Statutes (2010), and Article I, section 24 of the Florida Constitution....
...The complaint also argued that the appellee's policy of removing public records from the custody of their home counties to Live Oak and requiring inspection there was unreasonable, caused unnecessary expense and delay, and was a violation of sections
119.07 and
119.021, Florida Statutes (2010), and Article I, section 24 of the Florida Constitution....
...Loxahatchee Groves Water Control Dist.,
820 So.2d 988 (Fla. 4th DCA 2002) (granting mandamus and directing the trial court to hold a hearing and determine if plaintiff's request to examine defendant's records at defendant's office should be granted, and if so, under what conditions pursuant to sections
119.07(1)(a) and (b))....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2006 WL 1154964
...for the purchase of property if Lakepointe had accepted its offer. The contract could not have been formalized by Lakepointe's acceptance alone, because the Department was required by law to wait at least thirty days from the date of acceptance. See § 119.07(3)(n), Fla....
CopyCited 3 times | Published | Supreme Court of Florida | 1998 WL 103004
...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....
...A sample protective order is enclosed for your use. It is clear from the transmittal letter that the documents were made available to the State Attorney by the federal government on a "confidential or similarly restricted basis" and therefore this case is controlled by section 119.072....
...897, 901 (N.D.Ga.1988) (recognizing that where city violated loan agreement concerning federal documents, federal government was entitled to cancel loan 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....
...and "criminal investigative information" "[d]ocuments given ... to the person arrested." Although the documents were "given" to Buenoano, they were given to her inadvertently by the State Attorney in violation of the terms of the loan agreement and section 119.072....
...If we were to agree with the trial court's interpretation of the chapter 119 provisions at issue here, we would be allowing the definitional section of that chapter to override the express conditions of the federal loan agreement and the clear directives of section 119.072. Reading the provisions as we do is consistent with the obvious purpose behind section 119.072to encourage cooperation between non-state and state criminal justice agencies. If we were to read section 119.072 to allow disclosure by a Florida agency of information *718 classified as confidential by the lending agency, non-state agencies would be reluctant to provide information in the future. The legislature could not have intended section 119.072 to be applied so as to chill the exchange of information in this manner....
...[2] Section
119.011(3)(c)5 provides: (c) "Criminal intelligence information" and "criminal investigative information" shall not include: ... 5. Documents given or required by law or agency rule to be given to the person arrested, except as provided in s.
119.07(3)(f), and, except that the court in a criminal case may order that certain information required by law or agency rule to be given to the person arrested be maintained in a confidential manner and exempt from the provisions of s.
119.07(1) until released at trial if it is found that the release of such information would: a. Be defamatory to the good name of a victim or witness or would jeopardize the safety of such victim or witness; and b. Impair the ability of a state attorney to locate or prosecute a codefendant. [3] Section
119.072 provides: Criminal intelligence or investigative information obtained from out-of-state agencies.Whenever criminal intelligence information or criminal investigative information held by a non-Florida criminal justice agency is available to a Florida criminal justice agency based only on a confidential or similarly restricted basis, the Florida criminal justice agency may obtain and use such information in accordance with the conditions imposed by the providing agency. [4] Section
119.07(3)(b) exempts from public access "[a]ctive criminal intelligence information and active criminal investigative information." [5] Rule 2.051(c) lists records of the judicial branch and its agencies that are confidential and thus exempt from public access....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2014 Fla. App. LEXIS 8861, 2014 WL 2589180
...A month later, appellant filed a petition for writ of mandamus demanding production of certain public records, and also seeking attorney’s fees and costs under the Public Records Act. The petition alleged that appellant had sent the e-mails and that he was a “person” as used in the Act, section 119.07(1), Florida Statutes (2012)....
...This court reviews an order dismissing a petition for writ of mandamus de novo. Barnett v. Antonacci,
122 So.3d 400, 404 (Fla. 4th DCA 2013). Florida’s Public Records Act requires public records custodians to allow inspection and copying of public records “by any person desiring to do so.” §
119.07(l)(a), Fla....
...ayment prior to furnishing the records. The city contends that the requirement for the requester to fill out the city’s form was merely an attempt to obtain an “address or other identifiable source of payment of the associated costs.” Although section 119.07(1), Florida Statutes, allows a custodian to impose “reasonable conditions” on the disclosure of public records, the Florida Supreme Court has narrowly interpreted this phrase as: refer[ring] not to conditions which must be fulfille...
...hysical constraints designed to preclude review. Wait v. Fla. Power & Light Co.,
372 So.2d 420, 425 (Fla.1979). The Public Records Act authorizes a custodian to collect a fee, prior to disclosing the records, for the cost of copying the records. §
119.07(4), Fla....
...of the record upon payment of the fee prescribed by law”). The custodian may also collect a special service charge for requests that “require extensive use of information technology resources or extensive clerical or supervisory assistance ....” § 119.07(4)(d), Fla....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal
...ECORD UNDER THE FLORIDA PUBLIC RECORDS ACT? II. WHETHER THE TRIAL COURT ERRED IN FAILING TO CONDUCT AN ADEQUATE IN CAMERA HEARING MANDATED BY THE FLORIDA PUBLIC RECORDS ACT? III. WHETHER THE TRIAL COURT ERRED IN FINDING THAT THE EXEMPTIONS STATED IN SECTION 119.07(3)(d), (e), (f) and (g), FLORIDA STATUTES, DO NOT APPLY TO THE SUBPOENA IN THIS CASE? Because we determine that the subpoena comes within the specific exemption of section 119.07(3)(e), Florida Statutes (1983), as argued in appellant's point III, we are not required to decide point I, and point II is by our decision rendered moot. In the proceeding below, appellant offered to testify ex parte and in camera before the trial judge in order to explain how the requested subpoena came within the exemptions of section 119.07(3)....
...sought to protect. *641 We are inclined to agree, under the facts of this case, that to testify openly would disclose the information exempted by statute. The trial judge, in the order appealed from, stated he had evaluated the exemptions allowed in section 119.07(3)(d), (e), (f) and (g), and found no basis for the asserted positions....
...intelligence or investigative information. Thus, because the subpoena, on its face, identifies or purports to identify confidential informants or sources, it was not necessary that the trial judge receive testimony to determine that the exemption of section 119.07(3)(e) is applicable to the subpoena. Section 119.07(3)(e) provides that "[a]ny information revealing the identity of confidential informants or sources is exempt from the provisions of subsection (1)." We emphasize our conclusion that the subpoena, in and of itself, reveals this informa...
...Treverrow v. State,
194 So.2d 250 (Fla. 1967); Munford v. State,
343 So.2d 67 (Fla. 2d DCA 1977), reversed on other grounds,
357 So.2d 706 (Fla. 1978); and Spataro v. State,
179 So.2d 873 (Fla. 2d DCA 1965). In considering the exemptions granted in section
119.07(3)(e), we have concluded that neither the statute nor case law dictates that the exemptions from disclosure relate to confidential informants or sources who are currently being used as such, or whose identity has not previously been disclosed. We therefore conclude that it matters not that the informants or sources are no longer active or may have, through other sources, been identified as such. Section
119.07(3)(e) applies the exemptions to any information revealing identity....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 11 Fla. L. Weekly 246
...Anderson and her husband additional embarrassment, while it may have been well-intentioned, does not excuse this deficiency. Section 415.51(1) makes "all records concerning reports of child abuse or neglect" confidential and exempt from the public records disclosure requirements in section 119.07(1)....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 1997 WL 43444
...For N. Dist.,
511 F.2d 192 (9th Cir.1975), aff'd,
426 U.S. 394,
96 S.Ct. 2119,
48 L.Ed.2d 725 (1976). Notwithstanding this rather obvious conclusion, the appellants attempt to shoe-horn the federal act into Florida law predicated on the language of section
119.07(2)(a) relating to a record custodian's assertions of an exemption "[provided] in a general or special law...." They posit that the federal Freedom of Information Act is a "general law," and thus provides the custodian with the ability to refuse to disclose these public records to the public. However, the general or special laws to which section
119.07(2)(a) refers are not acts of Congress or decrees of the King of Barataria, but laws of Florida, enacted by the Florida Legislature....
...This section shall not be construed to limit the public's right of access to public records and meetings as provided by law." The legislature has balanced the private/public rights by creating the various exemptions from public disclosure contained in section 119.07, Florida Statutes (1995)....
...part: "Except as otherwise provided in this section and except for such portions thereof which are otherwise public record, all records and information relating to an investigation by the department are confidential and exempt from the provisions of s. 119.07(1) until such investigation is completed or ceases to be active." (Emphasis added).
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 11 Fla. L. Weekly 44
...in carrying out the provisions of this section ..." and are therefore privileged... . The court then ordered the alternative writ of mandamus discharged. We have carefully examined the transcript of the hearing held in this matter. The provisions of section 119.07(1), Florida Statutes (1983) appear to clearly provide that the actual records, and not extracts of the records, of a public body are open and subject to inspection....
...s from which the furnished extracts were made, so that this matter may proceed to an early conclusion. In regard to the Shahawy matters, however, we agree that section 395.0115 protects them from disclosure and affirm the trial court in that regard. Section 119.07(3)(a) provides that records which are provided by general or special law to be confidential, or which are prohibited from being inspected by the public, are exempt from disclosure under section 119.07(1)....
...ls. She further testified she prepared the information submitted to appellant and that the Shahawy matters which were excluded were involved in "peer review." This was sufficient basis, unless refuted, to allow appellee to withhold that information. Section 119.07(2)(a) provides that a custodian asserting an exemption shall excise those matters from the records furnished. Section 119.07(2)(b) provides: " [I]n any action in which an exemption is asserted," the court shall conduct an in camera inspection of certain specified categories of items, may conduct an in camera inspection of certain other categories and is silent in regard to those matters exempted by general or special law....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 2014 Fla. App. LEXIS 13387, 2014 WL 4242961
...Stat.) (followed by Gay v. Santa Rosa Cnty. Sch. Bd,.,
680 So.2d 560 (Fla. 1st DCA 1996)). Those with custody of public records must permit records “to be inspected and copied by any person desiring to do so, at any reasonable time, under reasonable conditions.” §
119.07(l)(a), Fla. Stat. (emphasis added). Moreover, they must “acknowledge requests to inspect or copy records promptly and respond to such requests in good faith.” §
119.07(l)(c), Fla....
...JEA determined not to make records available to Promenade -without first seeking to block them in a Mississippi court. B. Delay in making public records available is permissible under very limited circumstances. A records custodian may delay production to determine whether the records exist, § 119.07(l)(c); if the custodian believes that some or all of the record is exempt under the Act, § 119.07(l)(d)-(e); or if the requesting party fails to remit the appropriate fees, § 119.07(4)....
...Florida law doesn’t allow public records custodians to play favorites on the basis of who is requesting records. Rather, it is “the policy of this state that all ... records are open for personal inspection and copying by any person.” §
119.01, Fla. Stat. (emphasis added); see also §
119.07(l)(a), Fla....
CopyCited 3 times | Published | District Court, S.D. Florida | 30 Fed. R. Serv. 2d 1003, 6 Fed. R. Serv. 599, 1980 U.S. Dist. LEXIS 13344
...Second, the movant contends that the State' Attorney serves as a one-man Grand Jury and in that capacity communications that are received are not available in a civil action for damages. See Widener v. Croft,
184 So.2d 444 (Fla. 4th DCA 1966). Finally, F.S.A., §
119.07(3)(j) provides an exemption from the disclosure provisions of §
119.07(1) for “all criminal intelligence and criminal investigative information received by a criminal justice agency prior to January 25, 1979.” The State Attorney’s reliance on these state created privileges is misplaced....
CopyCited 3 times | Published | District Court, M.D. Florida | 2000 U.S. Dist. LEXIS 13654, 2000 WL 1346206
...estigation was completed. On July 22, 1998, Herring testified that his investigation of the second EEOC complaint was incomplete, at which time the hearing officer granted the Department of Health's motion to quash the subpoena pursuant to Fla.Stat. § 119.07(3)(q)....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 1996 Fla. App. LEXIS 3764, 1996 WL 174349
...Every pupil or student shall have a right of privacy with respect to the educational records kept on him or her. Personally identifiable records or reports of a pupil or student, and any personal information contained therein, are confidential and exempt from the provisions of s. 119.07(1)....
...7, Florida Statutes, newspaper was not *580 allowed access to such proceedings on the theory that they were "public meetings"). Section 228.093(3)(d), Florida Statutes, specifically exempts these records from the provision of the Public Records Act, section 119.07(1), Florida Statutes....
CopyCited 3 times | Published | Supreme Court of Florida | 41 Fla. L. Weekly Supp. 146, 44 Media L. Rep. (BNA) 1769, 2016 Fla. LEXIS 783, 2016 WL 1458515
...After a bench trial, the trial court found some of the actions and charges of the Pension Fund to be proper but determined that two conditions — an hourly photocopying fee and an hourly supervisory fee — were imposed in violation of. provisions of section 119.07, Florida Statutes (2009), which governs the fees, inspection, and copying of public records, *123 The Pension Fund appealed to the First District, .which affirmed the trial court’s final declaratory judgment without a written opinion....
...Golden,
764 So.2d 633 (Fla. 1st DCA 2000); Office of State Attorney for the Thirteenth Judicial Circuit of Fla. v. Gonzalez,
953 So.2d 759 (Fla. 2d DCA 2007). Accordingly, the lower court erred as a matter of, law by concluding that the agency had violated section
119.07 by refusing to disclose certain records, yet plaintiff was not entitled to attorney’s fees because the agency’s violation was neither knowing, willful, nor done with malicious intent....
...spection and copying by any person.” §
119.01(1), Fla. Stat (2009). As provided in the Public Records Act, “[e]very person who has custody of a public record shall permit the record to be inspected and copied by any person desiring to do so.” §
119.07(l)(a), Fla....
...Council of Fla. on Privacy & Elec. Access to Court Records,
832 So.2d 712, 713 (Fla.2002). Yet, this access is not so broad that it is completely unfettered. Access to public records is subject to various statutory conditions and exemptions. See, e.g., §
119.071, Fla. Stat. (2009) (listing general exemptions); §
119.07, Fla....
...Stat., and imposes a “duty” on each .agency to provide access to those public records. §
119.01(1), Fla. Stat. The fulfillment of this duty is policed primarily thrqugh civil actions, which are characterized throughout chapter 119 as being brought “to enforce the provisions” of chapter 119. §§
119.07(l)(h),
119.11(1), (4),
119.12, Fla....
...In addition, the term “good faith” is used only sparingly in the Public Records Act and only in specific contexts. See, . e.g., §
119.011(3)(d) (relating to criminal intelligence- information and investigatory information). The general, expression “good faith response” is found only in section
119.07(l)(c), which requires records custodians to acknowledge requests promptly and respond in good faith, and cannot be found elsewhere in section
119.07 or even in chapter 119, which has undergone numerous revisions....
...r an award of attorney’s fees under the Public Records Act. • We accordingly reject th.e Pension Fund’s argument that the Legislature intended to engraft a good faith obligation into the attorney’s fee provision through the 2007 enactment of section 119.07(l)(c), Florida Statutes, which provides: A custodian of public records and his or her designee must acknowledge requests to inspect or copy records promptly and respond to such requests in good faith. A good faith response includes making reasonable efforts to determine from other officers or employees within the agency whether such a record exists and,.if so, the location at which the record can be accessed. § 119.07(l)(c), Fla....
...Rather than modifying the criteria for the award of attorney’s fees to make it more difficult for a successful litigant to receive an award of attorney’s fees under *128 the Public Records Act, it is clear that the 2007 amendment, adding the good faith language in section 119.07(l)(c), was actually meant to strengthen the responsibilities of records custodians by imposing an explicit requirement on public agencies that they act in good faith in responding to public records requests....
...... requiring custodians of public records and their des-ignees to respond to requests to inspect and' copy public records promptly and in good faith.” Ch.2007-39, Laws of Fla. (emphasis supplied). Failing to respond in good faith in violation of section 119.07(l)(c) may itself result in an “unlawful] refus[al]” warranting an award of attorney’s fees, but it does not follow that where there are violations of other sections of the Public Records Act, such as in this case, the Legislature intended to also require a violation of section 119.07(l)(c) before attorney’s fees can be awarded....
...istrict courts of appeal, our decision in PHH is entirely consistent with our interpretation of section
119.12 here. IV. This Case Turning to this case, because the trial court found that the Pension Fund imposed conditions that were in violation of section
119.07(l)(a) prior to allowing Lee to inspect or copy the public records, the Pension Fund’s actions constituted an “unlawful ] refus[al].”- Therefore, the trial court erred when it denied attorney’s fees on account of its finding tha...
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 10 Media L. Rep. (BNA) 2298
...from such inspection under the Florida Public Records Act [ch. 119, Fla. Stat.(1983)]. We hold that the above-stated portion of a death certificate is made confidential by Section 382.35(4), Florida Statutes (1983), and is therefore exempt under Section 119.07(3)(a), Florida Statutes (1983), from the public inspection and certified copying provisions of Section 119.07(1)(a), Florida Statutes (1983)....
...Yeste's death certificate. The intervenors appeal. Without dispute, a death certificate is a public record under Section
119.011(1), Florida Statutes (1983). Ordinarily, then, such a certificate would be subject to the public inspection and copying provisions of Section
119.07(1)(a), (b), Florida Statutes (1983). There is one exception, however, to these public inspection and copying provisions which is set forth in Section
119.07(3)(a), Florida Statutes (1983), as follows: "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, are exempt from the p...
...icate, unless the person applying for same has "a direct and tangible interest in the cause of death." We conclude that this required deletion from certified copies of death certificates makes the deleted portion "confidential" within the meaning of Section 119.07(3)(a), Florida Statutes (1983), so as to exempt it from the public inspection and copying provisions of Section 119.07(1)(a), (b), Florida Statutes (1983)....
...First, we agree with the trial court that Section 382.35(4), Florida Statutes (1983), does not expressly preclude public inspection of the aforesaid portion of a death certificate. This conclusion, however, does not mean that said public inspection is permitted, because Section 119.07(3)(a), Florida Statutes (1983) provides that "[a]ll public records which are presently provided by law to be confidential" are exempt from public inspection and copying. Section 382.35(4), Florida Statutes (1983), for the reasons stated above, makes the aforesaid portion of a death certificate "confidential," and, therefore, not subject to the public inspection or copying provisions of Section 119.07(1)(a), (b), Florida Statutes (1983)....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2012 WL 3870608, 2012 Fla. App. LEXIS 14874
...aw which, if committed by an adult, would be a felony; (b) Found by a court to have committed three or more violations of law which, if committed by an adult, would be misdemeanors; [[Image here]] shall not be considered confidential and exempt from s. 119.07(1) solely because of the child’s age....
...contends that FDLE’s interpretation of section
943.053(3)(a) renders section
985.04(1) meaningless. G.G. argues that a minor’s criminal history information loses its confidential status only when the minor and her arrest report fit within section
985.04(2). Legislative History and Background Section
119.07(l)(a), Florida Statutes (2006), provides that “[e]very person who has custody of a public record shall permit the record to be inspected and copied by the person desiring to do so, at any reasonable time, under reasonable conditions, and under supervision by the custodian of the public records.” However, the legislature may, by general law, exempt certain records from the “access requirements of s.
119.07(1), s....
...rked “Juvenile Confidential.” Ch. 94-209, § 28 at 1272-73, Laws of Fla. Importantly, the newly-amended statute retained the language “[n]otwithstanding s. 119.14, these records shall not be available for public disclosure and inspection under s. 119.07(1), but shall be available to other law enforcement agencies ...” Id....
...ed by the law enforcement agency in a separate file, and *272 these records and all copies thereof must be marked “Juvenile Confidential.” Notwithstanding s. 119.14, these records shall not be available for public disclosure and inspection under s. 119.07(1), except as provided in ss....
...photograph, and address- of any-child who-has- been (б) Found by a court to have committed three or more violations of law which, if committed by an adult, would be misdemeanors shall not be considered confidential and exempt from the provisions of s. 119.07(1) solely because of the child’s age....
...to have committed a felony offense or one of the enumerated misdemeanors must be fingerprinted and the fingerprints must be submitted to FDLE. The section further provides that the records are not available for public disclosure or inspection under s. 119.07(1), F.S., but are available to other law enforcement agencies, criminal justice agencies, ......
CopyCited 2 times | Published | Supreme Court of Florida | 2002 WL 351500
...from disclosure. The custodian shall determine the form in which the record is provided. (3) Fees for copies of records in all entities in the judicial branch of government, except for copies of court records, shall be the same as those provided in section 119.07, Florida Statutes (2001)....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal
...ffidavit, sworn complaint, allegation, or charge received by him. Upon appellee's refusal to do so, appellant sued to secure an order that such are open to public examination, inspection and copying as a "public record" pursuant to the provisions of Section 119.07, Florida Statutes (Supp....
...We hold that while statements, allegations, charges, complaints or affidavits taken or received by the state attorney in the discharge of his investigatory duties are or may be "public records" for certain purposes, they are not open for public view or subject to the provisions of Section 119.07, Florida Statutes, unless made so by subsequent developments. Section 119.07, Florida Statutes is the statutory provision governing the "inspection and examination of records" and "exemptions." The statute provides in relevant part: 119.07 Inspection and examination of records; exemptions: (1) Every person who has custody of public records shall permit the records to be inspected and examined by any person desiring to do so, at reasonable times, under reasonable conditions, and under supervision by the custodian of the records or his designee....
...This was an investigative report delving into suspected irregularities in the city's building department. The Fourth District Court of Appeal held that the report was not one "provided by law" to be confidential and hence was subject to disclosure as a public record. The court relied *766 upon Section 119.07(2)(a), Florida Statutes (discussed above) as authority....
CopyCited 2 times | Published | District Court of Appeal of Florida
conditions.’” Id. (alterations in original) (quoting §
119.07(1)(a), Fla. Stat. (2016)). To set forth a
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2004 WL 2347625
...pies requested. He alleged again in his new petition that he again received no response. [1] The appellee concedes that mandamus is the proper vehicle for an individual to compel compliance with a request for public records, whether made pursuant to section 119.07 or Florida Rule of Judicial Administration 2.051, but takes the position the new petition, too, was facially insufficient in not including sufficient copies of his purported requests and was not sufficiently specific concerning the documents requested....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 41 Media L. Rep. (BNA) 2682, 2013 WL 5988693, 2013 Fla. App. LEXIS 17965
...in which the evaluation was made. The newspaper argues on appeal that the circuit court erred in allowing the FEA to intervene and in ruling that, pursuant to section
1012.31, VAM data is exempt from disclosure under Florida’s public records law, section
119.07(1), Florida Statutes (2012)....
...Section
1012.31provides in pertinent part:
1012.31 Personnel files. — Public school system employee personnel files shall be maintained according to the following provisions: [[Image here]] (3)(a) Public school system employee personnel files are subject to the provisions of s.
119.07(1) [i.e., the public records act], except as follows: [[Image here]] 2....
...An employee evaluation prepared pursuant to s.
1012.33, s.
1012.34, or s.
1012.56 or rules adopted by the State Board of Education or district school board under the authority of those sections shall be confidential and exempt from the provisions of s.
119.07(1) until the end of the school year immediately following the school year in which the evaluation was made....
...d have exempted personnel files as a whole. To the contrary, personnel files of public school teachers *961 are generally subject to disclosure. §
1012.31(3)(a), Fla. Stat. (2012). Only the “employee evaluation” is exempt from the provisions of section
119.07(1). Given the strong public policy in Florida in favor of public records disclosure under the State Constitution and section
119.07(1), we reverse....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 2016 Fla. App. LEXIS 6768, 2016 WL 2339866
...Motion, as well as a privilege log, and certain documents to be reviewed by the
trial court in camera. In its filings, the City asserted, among other things, that the
documents requested in the January 14th Request are exempt from disclosure
pursuant to section 119.07(1)(d) of the Florida Statutes (i.e., the work-
product/attorney-client privilege exemption).
The City did not challenge the jurisdiction of the trial court to hear Herbits’s
Mandamus Motion, and both parties, as well as the...
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2016 Fla. App. LEXIS 7970, 2016 WL 3002334
...]very 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.”
§ 119.07(1)(a), Fla....
...requests in good faith. A good faith response includes making
reasonable efforts to determine from other officers or
employees within the agency whether such a record exists
and, if so, the location at which the record can be accessed.
§ 119.07(1)(c), Fla....
...The
trial court reasoned that the records request was “‘intentionally designed
to appear to be deceptive’ . . . based on the testimony of a county official
who explained that he did not respond to the records request immediately
because it appeared to constitute ‘phishing.’” Id.
On review, citing section 119.07(1)(c), the First District determined that
“[t]he public records law imposes a duty of good faith on public officers
-5-
who are charged with the responsibility of complying with the law.” Id....
...Finally, the court rejected the appellant’s argument that the county
could have written to him at the e-mail address provided in the request.
Id. The court explained that such an argument “plainly reads too much
into the obligations created by the public records law” because section
119.07 “is a right that can only be exercised by a ‘person.’” Id....
...14, 2016), where the Florida Supreme Court held
that a prevailing party is entitled to statutory attorney’s fees when an
agency unlawfully refused to permit the inspection or copying of a record
which is a violation of the Public Records Act. In that case, the trial court
found a violation of section 119.07....
CopyCited 2 times | Published | District Court, S.D. Florida | 2006 U.S. Dist. LEXIS 44845, 2006 WL 1729348
...ations of the DPPA as that information was disclosed under the color of legitimate state action pursuant to Florida law. To support this contention, DME relies upon Article I, § 24 of the Florida Constitution and the 2001 version of Florida Statute § 119.07(3)(bb)....
...ion." FLA. CONST. art. I, § 24(a). Thus, the Florida Constitution creates a right of access to public records unless the records in question have been specifically exempted or made confidential. In relevant part, the 2001 version of Florida Statute § 119.07(3)(bb) stated "[u]pon a request made in a form designated by the Department of Highway Safety and Motor Vehicles, personal information contained in a motor vehicle record that identifies the requester is exempt from subsection (1) and s. 24(a), Art. I of the State Constitution except as provided in this paragraph." FLA. STAT. § 119.07(3)(bb) (2001). [2] Therefore, the 2001 version of Florida Statute § 119.07(3)(bb) created an exemption to Article I, § 24 of the Florida Constitution by which a motor vehicle registrant could opt to have their motor vehicles records exempted from public disclosure under Article I, § 24 of the Florida Constitution. However, pursuant to the 2001 version of § 119.07(3)(bb), in the absence of an opt-out request motor vehicle records could be disclosed freely....
CopyCited 2 times | Published | Court of Appeals for the Eleventh Circuit | 37 Fed. R. Serv. 2d 620
...Under those circumstances, the court refused to exempt a public hospital from the requirements of Florida’s Public Records Law, Fla.Stat.Ann. §
119.01-119.12 (West 1982). Id. That statute affords the public access to the records of various public institutions and agencies. See Fla. Stat.Ann. §
119.07 (West 1982)....
CopyCited 2 times | Published | District Court, M.D. Florida | 1982 U.S. Dist. LEXIS 11540
...al or which are prohibited from being inspected by the public, whether provided by general or special acts of the legislature or which may hereafter be so provided ... In 1975, this section of the Act was substantially changed. As amended, Fla.Stat. § 119.07(3)(a) exempts from disclosure: [a]ll 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 ......
...However, it is not clear from the language of either the Public Records Act or the Evidence Code that the legislature intended to create an exemption without specifically amending the Public Records Act. [3] See Florida State Racing Commission v. McLaughlin,
102 So.3d 574 (Fla.1958). As noted above, Section
119.07(3)(a) provides that matters "which are presently provided by law to be confidential or which are prohibited from being inspected by the public either by general or special law" are exempt....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2008 Fla. App. LEXIS 8981, 2008 WL 2403694
...B & S Utilities, Inc. (B & S) appeals a final judgment, contending the circuit court erred in ruling that Baskerville-Donovan, Inc. (BDI) "did not act on behalf of [the City of Apalachicola] so as to make [any of] the firm's documents public records" for purposes of section 119.07, Florida Statutes (2006)....
...interpret the intent of the CONTRACT DOCUMENTS in a fair and unbiased manner. The ENGINEER [BDI] will make visits to the site and determine if the WORK is proceeding in accordance with the CONTRACT DOCUMENTS. When B & S sent letters to BDI, invoking section 119.07 and requesting copies, or production for inspection, of documents pertaining to the project, BDI denied the requests, asserting that BDI did not fall within the definition of an "agency" for purposes of chapter 119, Florida Statutes....
..."The Public Records Act recognizes the danger that exists if private entities are allowed to demand that they retain custody [and prevent inspection] of documents *21 as a condition of doing business with a governmental body." Times Publ'g Co. v. City of St. Petersburg,
558 So.2d 487, 494 (Fla. 2d DCA 1990). Section
119.07, Florida Statutes (2006), requires that "[e]very 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 und...
CopyCited 2 times | Published | Supreme Court of Florida | 36 Fla. L. Weekly Supp. 414, 2011 Fla. LEXIS 1573, 2011 WL 2637473
...The following information shall be maintained as confidential: (A) information described by any of subdivisions (c)(1) through (c)(6) of this rule; and *231 (B) except as provided by court order, information subject to subdivision (c)(7) or (c)(8) of this rule that is currently confidential or exempt from section 119.07, Florida Statutes, and article I, section 24(a) of the Florida Constitution under any of the following statutes or court rules as they may be amended or renumbered: (i)-(xix) [No change] (xx) Presentence investigation reports and attached psychological or psychiatric evaluations....
...(If the document is filed within a Chapter 39 case, this form is not required.) _____ Adoption records. §
63.162, Fla. Stat. (If the document is filed within a Chapter 63 adoption case, this form is not required.) _____ Social Security, bank account, charge, debit, and credit card numbers in court records. §
119.0714(1)(i)-(j), (2)(a)-(e), Fla. Stat. (Unless redaction is requested pursuant to §
119.0714(2), this information is exempt only as of January 1, 2011.) _____ HIV test results and patient identity within the HIV test results....
..._____ Estate inventories and accountings. §
733.604(1), Fla. Stat. _____ Victim's address in domestic violence action on petitioner's request. §
741.30(3)(b), Fla. Stat. _____ Information identifying victims of sexual offenses, including child sexual abuse. §§
119.071(2)(h),
119.0714(1)(h), Fla....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2017 WL 2870998, 2017 Fla. App. LEXIS 9660
...2
due to the large number of records to be searched. The narrowed search terms
nevertheless yielded a massive number of results. As the searches were performed,
AHCA prepared invoices and delivered them to Zuckerman. Pursuant to section
119.07(4)(d), the invoices included a “special service charge,” billed to reimburse
AHCA for extensive use of its information technology and substantial clerical and
supervisory hours expended by agency personnel....
...However,
this Court has recognized a records custodian’s duty to redact exempted portions of
public records before they are released. Morris Publ’g Grp., LLC v. State of Fla.,
154 So. 3d 528, 533 (Fla. 1st DCA 2015). There are numerous categories of records
that are exempt from disclosure in a public records request. §
119.071(5)(a)5, Florida
Statutes (“Social security numbers held by an agency are confidential and exempt
from s.
119.07(1) and s. 24(a), Art. I of the State Constitution.”); §
119.071(5)(b),
Florida Statutes. (“Bank account numbers and debit, charge, and credit card numbers
held by an agency are exempt from s.
119.07(1) and s. 24(a), Art. I of the State
Constitution.”); §
394.4615(1), Florida Statutes. (“A clinical record is confidential
and exempt from the provisions of s.
119.07(1).”).
Section
119.07(4), Florida Statutes, provides in part, “[t]he custodian of
public records shall furnish a copy or a certified copy of the record upon payment of
the fee prescribed by law.” (Emphasis supplied) While access to public records is o...
...effectively requires AHCA to ignore its statutory duty to redact exempted
information. The sheer number of documents encompassed by Zuckerman’s requests
precludes thorough review in the time allowed. Further, decisions of this Court and
the language of section 119.07(4), Florida Statutes, dictate that Zuckerman should
7
be required to pay for the cost of searching, review, and redaction of exempted
information prior to production....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 1991 WL 119682
...JOANOS, Judge. The Department of Health and Rehabilitative Services (HRS) has appealed an order of the trial court granting the petition of appellee Gainesville Sun Publishing Co. (Sun) for disclosure of child abuse reports and investigation records pursuant to section 119.07(7), Florida Statutes (Supp....
...Section 415.51(1), Florida Statutes, provides that "in order to protect the rights of the child and his parents or other persons responsible for the child's welfare, all records concerning reports of child abuse or neglect ... shall be confidential and exempt from the provisions of s. 119.07(1)." Section 119.07(3)(a) states that "all public records which are presently provided by law to be confidential ......
...ic interest. The public interest in access to such records ... includes the need for citizens to know of and adequately evaluate the actions of [HRS] in providing ... children of this state with the protections enumerated in ss.
415.101 and 415.502. Section
119.07(7)(a), Fla....
...Chatman, and the substance and tenor of the ensuing HRS investigation which may well have led to the shootings. These questions may be better answered for the public [with] the HRS records requested." After an untranscribed hearing, the trial court entered an order noting its obligation under section 119.07(7)(a) to determine good cause by balancing the privacy rights of the child, its siblings, and others disclosed in the reports against the public interest....
...e records until the Sun had shown good cause for disclosure. The objection *727 was evidently overruled, as the in camera inspection took place as ordered. An order requiring disclosure was thereafter entered. In balancing the interests set forth in section 119.07, the court found that there were no privacy interests to compete with the public interest in disclosure, in that, due to the circumstances of the case, all of the affected parties were dead....
...he individual who originally reported the abuse, and to another living adult. HRS alleges first that the trial court erred in failing to find good cause for disclosure before requiring production of the records for in camera inspection. We disagree. Section 119.07(7)(a) states that the obligation of the court is to find "good cause for public access to the records sought." It does not specify that the showing of good cause must be confined to the four corners of the petition, nor does it prescribe or bar particular methods for the determination of good cause....
CopyCited 2 times | Published | District Court, M.D. Florida | 2007 U.S. Dist. LEXIS 844, 2007 WL 61059
...ce all non-exempt public records requested on January 12, 2006, relating to the Woodlands East, parcel, and that the "Authority's delay in producing all of its public records from the time of the Request to the filing of this claim is a violation of § 119.07(1)(a), Florida Statutes, and of Article I, § 24(a) of the Florida Constitution." (Doc....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 1998 WL 25168
...Florida Publishing Company, a corporation doing business as The Florida Times Union (Florida Publishing), appeals from the denial of a request for a writ of mandamus which determined that an executed search warrant and accompanying material is exempt from the public records law pursuant to section 119.07(3)(b), Florida Statutes, because it constitutes active criminal investigative material....
...The sole task before us is to construe rule 2.051, Florida Rules of Judicial Administration, relating to access to records of the judicial branch and to determine whether the rule exempts from disclosure those materials which are exempt from disclosure pursuant to section 119.07(3), Florida Statutes (1995)....
...ss specific per se exemptions set forth in other rules, statutes, or case law. Below, the trial court ruled that the executed search warrants represented information relating to an active criminal investigation which was exempt from disclosure under section 119.07(3)(b), Florida Statutes (1995)....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2015 Fla. App. LEXIS 2702, 2015 WL 798087
...ublic body, officer, or employee of the state, or person acting on their behalf, except with respect to records exempted pursuant to this section or specifically made confidential by this Constitution. This constitutional provision is implemented by section 119.07(l)(a), Florida Statutes, which states, 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 119.07(l)(a) does not specify the method by which a governmental entity must disclose public records, but it is clear from other parts of Chapter 119, and the applicable case law, that a person is entitled to make a request for public records...
...1st DCA 1991) (noting that the agency must supply computerized records in the format in which they are kept). *885 The public records law imposes a duty of good faith on public officers who are charged with the responsibility of complying with the law. On this point section 119.07(l)(c) states, “A custodian of public records and his or her designee must acknowledge requests to inspect or copy records promptly and respond to such requests in good faith.” This duty, unlike the strict legal duties imposed by the law, is subjective....
...The plaintiff counters this suggestion by pointing out that the county could have written to him at ask4records@gmail.com, but that argument plainly reads too much into the obligations created by the public records law. The right created by Article I, section 24 and section 119.07 is a right that can only be exercised by a “person.” That much is clear from the text of the constitution and the statute....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2003 WL 366762
...Although we agree with the House that the disclosure of these telephone numbers may result in unreasonable consequences to the persons called, this argument should be made to the Florida Legislature, which has specified various public record exemptions for disclosure of telephone numbers. See, e.g., § 119.07(3)(i), Fla....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal
...We further direct that the trial court retain as sealed exhibits copies of all the records so that either of the parties may thereafter seek review of the trial court's ruling. We note that the relief granted by the trial court requires the production of claim files maintained by the Division of Risk Management. Section 119.07(3)(a), Florida Statutes (Supp....
...due hardship to obtain the substantial equivalent of the materials elsewhere) with Tober (work product not exempt from the Public Records Act). Additionally, the Public Records Act provides its own procedures for making a public records request, see § 119.07, Fla....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 1423, 2010 WL 478289
...The OIR is the state agency charged under the Florida Insurance Code in chapter 624, Florida Statutes (2007), with licensing and regulating Florida viatical settlement providers. Before the 2007 amendment, work papers were deemed "confidential" and "exempt from the provisions of [section]
119.07(1) and [section] 24(a), [Article] I of the State Constitution." See §
624.319(3)(b), Fla....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 1990 WL 205512
...discovery; (3) the discovery sought is the State's work product. The trial court denied the motion with the exception that the State need not provide any information obtained by the State pursuant to civil investigative demands served on Pepsi-Cola. Section 119.07 reads in part: (1)(a) Every person who has custody of a public record shall permit the record to be inspected and examined by any person desiring to do so, at any reasonable time, under reasonable conditions, and under supervision by the custodian of the public record or his designee......
...visions of subsection (1) until the conclusion of the litigation or adversarial administrative proceedings ... (emphasis supplied). In City of North Miami v. Miami Herald Pub. Co.,
468 So.2d 218, 219-220 (Fla. 1985), the supreme court explained that section
119.07(3)( o ) provides only a limited exemption from disclosure of public records during the pendency of litigation, despite claims of attorney-client privilege. The State argues that settlement with one of several coconspirators in a multiple conspirator case does not constitute the conclusion of litigation under any statutory interpretation of section
119.07(3)( o ), Florida Statutes....
...The petition is denied as to that portion of the order. However, it did depart from the essential requirements of law in denying the motion in regard to Coca-Cola's request to take depositions of State representatives who are knowledgeable of the Pepsi-Cola matter. Section 119.07 only pertains to disclosure of public records....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2014 Fla. App. LEXIS 20470, 2014 WL 7202978
...w. See Sancho v. Joanos,
715 So.2d 382, 385 (Fla. 1st DCA 1998). Disclosure of public records is not a discretionary act, it is mandatory and directed by Chapter 119. See Promenade D’Iberville, LLC v. Sundy,
145 So.3d 980, 983 (Fla. 1st DCA 2014). Section
119.07(l)(c), Florida Statutes (2013), requires both prompt acknowl-edgement of the request and a prompt good faith response: “A custodian of public records ... must acknowledge requests to inspect or copy records promptly and respond to such requests in good faith.” Section
119.07(1) provides that a delay in making public records available is only permissible under limited circumstances. Section
119.07(l)(c) permits a delay for a records custodian to determine whether the records exist; however, unjustified delay in making non-exempt public records available violates Florida’s public records law....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2004 WL 2723533
...The First District addressed similar facts in Department of Health & Rehabilitative Services v. Southpointe Pharmacy,
636 So.2d 1377 (Fla. 1st DCA 1994). In that case, the pharmacy filed a petition for writ of mandamus seeking documents pursuant to Florida's public records law, section
119.07, Florida Statutes....
...Its existing progeny, section
119.01(1), declares the policy that "all state, county, and municipal records shall be open for personal inspection by any person." The custodian of any public record must furnish a copy of the record upon payment of the fee prescribed by law, generally the cost of reproduction. §
119.07(1)(a)....
...As such, a copyright owner may refuse to provide copies of the work or may charge whatever fee he wants for copies of the work or a license to use the work. The Florida public records law, on the other hand, requires State and local agencies to make their records available to the public for the cost of reproduction. § 119.07(1)(a)....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 30 Fla. L. Weekly Fed. D 921
...e information being made available to anybody who makes a public records request.")(emphasis added). On this basis, and without reaching any of the other issues presented, including the existence and scope of a generalized trade secrets exception to section 119.07, Florida Statutes (2004), the order under review compelling production is Affirmed.
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2001 WL 345242
...udgment and vacating her first-degree misdemeanor conviction under the Public Records Law. Pursuant to section 119.02 and/or
119.10(2), Florida Statutes (1997), a jury convicted Webb, who is a member of the Escambia County School Board, of violating section
119.07(1)(a), Florida Statutes (Supp.1998), [1] as a result of her failure to produce certain requested public records. In granting the motion to arrest judgment and vacating the conviction, the county court found that the state had failed to prove the existence of any public records that Webb was alleged not to have reasonably made available, and that section
119.07(1)(a) was unconstitutional as applied to Webb. [2] In addition to the state's appeal challenging this order, Webb filed a cross-appeal, contending that section
119.07(1)(a) is facially unconstitutional. We reverse that portion of the order arresting judgment and vacating the conviction, because the evidence was sufficient to prove a violation of the statute, and because the application of section
119.07(1)(a) to Webb was constitutional....
...*604 Following the trial judge's recusal, the successor judge vacated the verdict and sentence. The court held that the state had failed to prove an essential element of the offense, because it did not adequately establish the existence of any particular record that was a "public record" under section 119.07(1)(a). The court ruled that this omission denied Webb the opportunity to attempt to show that the documents were not public records or that they were exempt from disclosure. The court also held that section 119.07(1)(a) was unconstitutionally applied to Webb, and detailed its reasons in a separate order. We first address the court's ruling that section 119.07(1)(a) was unconstitutional as applied to Webb....
...the specific conduct at issue in the case. See Travis v. State,
700 So.2d 104 (Fla. 1st DCA 1997); State v. Barnes,
686 So.2d 633 (Fla. 2d DCA 1996). The lower court concluded that Webb was forced to speculate about what was expected of her, because section
119.07(1)(a) requires persons in custody of public records to allow their records to be examined "at any reasonable time, under reasonable conditions"; however, the statutory provision failed to define these terms....
...eks later; that Webb terminated Watson's review after this third session; and that Webb did not provide all of her public records until she received a request from the grand jury nearly seven months after Watson's request. We therefore conclude that section 119.07(1)(a) provided Webb with fair warning that her dilatory responses to Watson's requests would not comport with the statute's requirement that she provide "reasonable" access to public records in her custody....
...or negligence alone rather than for intentional conduct. See State v. Hamilton,
388 So.2d 561 (Fla.1980); State v. Winters,
346 So.2d 991 (Fla.1977). In contrast, in the case at bar, sections 119.02 and
119.10(2) authorize a conviction for violating section
119.07 only if a defendant is found to have committed such violation "knowingly," or "willfully and knowingly," respectively. For the above reasons, the statute cannot reasonably be interpreted as allowing the jury to convict Webb for mere negligence. The state thus proved that Webb had engaged in conduct encompassed by section
119.07(1)(a)....
...Accordingly, the trial court erred in finding the statute unconstitutional as applied to Webb. We now turn to the portion of the court's order vacating Webb's conviction on the ground that the state failed to prove an essential element required by section 119.07(1)(a): that the documents requested were public records subject to disclosure under the statute....
...Blankenship testified that after an eleven-hour review, she had removed all documents that were exempt from disclosure. The witnesses' combined testimony reveals that the records which Webb had assembled were public records subject to disclosure under section 119.07....
...-incriminatory statements.... The state must, however, present substantial evidence which tends to show that the crime charged was, in fact, committed by someone."). We therefore reverse the trial court's order vacating Webb's conviction and finding section 119.07(1)(a) unconstitutional as applied. We express no opinion as to any of the issues the court mentioned in its memorandum order as possibly warranting a new trial, and which were not included as points on appeal. REVERSED and REMANDED. WEBSTER and LEWIS, JJ., concur. NOTES [1] Section 119.07(1)(a) provides in part: Every person who has custody of a public record shall permit the record to be inspected and examined by any person desiring to do so, at any reasonable time, under reasonable conditions, and under supervision by the custodian of the public record or the custodian's designee....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 10 Fla. L. Weekly 2066
...The trial court, after hearing arguments from counsel, entered an order denying petitioner's motions and ordered petitioner's attorney to appear at deposition. The order noted, however, that the scope of deposition shall be bound and contained within section 119.07(3)( o ), Florida Statutes (Supp....
...At issue is whether the trial court below violated the essential requirements of the law in exercising its discretion permitting respondent to depose the petitioner's attorney at the outset of the discovery process. We hold that no abuse of discretion has been shown and we deny the petition. Prior to the enactment of section 119.07(3)( o ), Florida Statutes (Supp....
...ure attorney-prepared litigation files during the pendency of litigation. [1] In the case at bar, the trial judge limited its order denying petitioner's motion for protective order by providing that the *272 scope of the deposition shall be bound by section 119.07(3)( o ). This is precisely what the law requires. See City of North Miami. Petition denied. ORFINGER and COWART, JJ., concur. NOTES [1] Section 119.07(3)( o ) provides: ( o ) A public record which was prepared by an agency attorney (including an attorney employed or retained by the agency or employed or retained by another public officer or agency to protect or represent the interest...
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 1991 WL 193344
...That section allows the trial court to close certain information and exclude it from becoming public in nature where it is defamatory to a victim or witness or would jeopardize the safety of a victim or witness or would impair the state attorney in locating and prosecuting a codefendant. [2] In section 119.07(4), the legislature specifically recognizes the right of a court to close parts of a court file as an exception to the requirement of general access to public records....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2006 Fla. App. LEXIS 14710, 2006 WL 2520919
...005). Local 3178 alleged the City violated sections
447.501(a) and (c), by charging Local 3178 fifteen cents per page for documents for use in ongoing impasse resolution proceedings between it and the City. The City assessed the copy charge based on section
119.07(4), Florida Statutes (2005). [1] Section
119.07 reads in relevant part:
119.07....
...No more than an additional 5 cents for each two-sided copy; and 3. For all other copies, the actual cost of duplication of the public record. The statute also permits the addition of a special service charge keyed to actual cost if the nature or volume of the public records requested is extensive. See § 119.07(4)(d), Fla....
...is no conflict between Chapter 447 and Chapter 119 with respect to the cost of providing public records. The public employer's obligation to provide public information under section
447.203(17)(d) and the statutory obligation to pay for copies under section
119.07(4) can be readily harmonized....
...See Ch. 447, Part II, Fla. Stat. (2005). Section
447.605(3) of that statute provides: "All work products developed by the public employer in preparation for negotiations, and during negotiations, shall be confidential and exempt from the provisions of s.
119.07(1)." §
447.605(3)....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2006 WL 3302533
...We also find unpersuasive the City's reliance on Florida Dept. of Children and Families v. Sun-Sentinel, Inc.,
865 So.2d 1278 (Fla.2004), to support its argument that formal service of process was mandated in this case. At issue in Sun-Sentinel, was a petition filed pursuant to then section
119.07(7)(a) of the Florida Statutes in the civil division of the circuit court to obtain public but confidential DCF records relating to a pending criminal action in which two parents had been charged with criminal child neglect. Section
119.07(7)(a), in pertinent part provided: Any person or organization, including the Department of Children and Family Services, may petition the court for an order making public the records of the Department of Children and Family Services. . . . See ß
119.07(7)(a), Fla....
...nt with regard to service of process, the filing of a petition to make public records held by DCF commenced a civil action that required The Sun-Sentinel to comply with the rules and statutes governing formal service of process: We . . . hold that a section 119.07(7)(a) petitioner must serve DCF with the petition....
...[2] Unlike the express language of section
111.065, which authorizes an officer requesting the payment of fees and costs to submit his application to the court having jurisdiction over his criminal action, the Florida Supreme Count in Sun-Sentinel specifically noted that a section
119.07 petition should not be filed in a pending criminal action: We also note that Sun-Sentinel should not have filed the petition in the pending criminal action to which neither it nor DCF was a party....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2017 WL 1908370, 2017 Fla. App. LEXIS 6518
...6
Sunshine Law under three separate statutory provisions: section
627.091(6), Florida
Statutes; section
286.011, Florida Statutes; and section
627.093, Florida Statutes.
The trial court also concluded that NCCI violated sections
627.291(1) and
119.07,
Florida Statutes, when it denied Fee access to its records....
...The trial court’s conclusion to the contrary is incorrect.
B. Access to Records
Fee also alleges that NCCI failed to fully and completely respond to his
records requests, in violation of two statutes: section
627.291, Florida Statutes; and
section
119.07, Florida Statutes....
...determine whether he has grounds to challenge the application of the rate to him.
Because nothing in section
627.291 makes it applicable to pending or rejected rate
filings, NCCI was not required to provide records in response to Fee’s requests.
ii. Section
119.07, Florida Statutes
Fee also argues, and the trial court found, that NCCI violated the Public
Records Act, which provides that “[i]t is the policy of this state that all state, county,
and municipal records are open for person...
...e
would be an agency responsibility.” News & Sun-Sentinel Co. v. Schwab, Twitty
17
& Hanser Architectural Grp., Inc.,
596 So. 2d 1029, 1031 (Fla. 1992). Thus, in order
to find that NCCI was subject to section
119.07, the trial court was required to
determine whether NCCI acted on behalf of a governmental agency....
...In making this
determination, it was necessary for the court to examine multiple factors, including
the nine factors outlined in Schwab.
596 So. 2d at 1031. But, here, the trial court
expressly declined to apply the Schwab factors and concluded that NCCI was subject
to section
119.07....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2014 WL 2199813, 2014 Fla. App. LEXIS 8128
...isconduct by judges until probable cause is established, and the like. Subdivision (d)(1)(B) designates as confidential those judicial records listed in subdivisions (c)(7) and (c)(8) of rule 2.420, 2 but only insofar as they were confidential under section 119.07 of the Florida Statutes or Article I, section 24 of the Florida Constitution (commonly referred to as Florida’s Sunshine Law) as of the date of adoption of rule 2.420, 3 with the exception of those records contained within a “finite set” of nineteen categories within the two subdivisions....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2004 WL 1073781
...access, we reverse the trial court’s order. I. BACKGROUND A. Access to Records in Child Abuse Cases The custodians of public records are generally required to “permit the record[s] to be inspected and examined by any person desiring to do so.” § 119.07(l)(a), Fla....
...he rights of the child and the child’s parents or other persons responsible for the child’s welfare, all records held by [DCF] concerning reports of child abandonment, abuse, or neglect ... shall be confidential and exempt from the provisions of s.
119.07(1).” Section
39.202(2)(o) provides, however, that child abuse records other than information identifying the reporter of abuse will be made available to “[a]ny person in the event of the death of a child determined to be a result of abuse, abandonment, or neglect.” Notwithstanding the exemption from disclosure afforded by section
39.202(1), records in child abuse cases may be made public by court order pursuant to the provisions of section
119.07(7): (a) Any person or organization, including the Department of Children and Family Services, may petition the court for an order making public the records of the Department of Children and Family Services that pertain to investigations of alleged abuse, neglect, abandonment, or exploitation of a child.......
...spect to any person identified in any protective investigation report until such time as the court finds that there is probable cause to believe that the person identified committed an act of alleged abuse, neglect, or abandonment. (Emphasis added). Section 119.07(7)(b) sets forth provisions — not relevant to the instant case — relating to the release of records “[i]n cases involving serious bodily injury to a child.” B....
...The same day, the children were removed from Kitnurse’s custody. Kitnurse was subsequently arrested on charges of felony sexual battery and lewd and lascivious molestation of a child under twelve. C. Proceedings in the Circuit Court On May 23, 2003, pursuant to section 119.07(7)(a), the Herald-Tribune filed its petition in the circuit court seeking access *511 to records relating to the placement, supervision, and alleged abuse of the three children in the custody of Kitnurse....
...See Campus Communications, Inc. v. Earnhardt,
821 So.2d 388, 402 (Fla. 5th DCA 2002) (“The standard of review regarding issues of good cause requires us to determine whether the trial court abused its discretion in making its decision.”). III. ANALYSIS Under section
119.07(7)(a), a trial court is required to “determine if good cause exists for public access to the records sought or a portion thereof.” The statute provides that the good cause determination is to be based on a balancing of interests....
...d as including “the need for citizens to know of and adequately evaluate the actions of [DCF] and the court system in providing ... children of the state with the protections” afforded by law. *512 Contrary to the argument of the Herald-Tribune, section 119.07(7)(a) does not establish a presumption in favor of disclosure once a public interest in access to the records has been demonstrated....
...Nothing in the text of the statute warrants the imposition of a presumption requiring the trial court to begin the balancing process required by the statute with the scales already tipped against protecting the best interest of the child. When the legislature originally adopted section 119.07(7)(a) it also adopted a specific provision relating to the disclosure of records in cases “involving the death of a child,” which established a “presumption that the best interest of the child and the child’s sibling and the public interest will be served by full public disclosure.” Ch. 90-306, § 24, at 2452, Laws of Fla.; § 119.07(7)(b)(2), Fla. Stat. (Supp.1990). The absence of similar language in section 119.07(7)(a) militates against the argument advanced by the Herald-Tribune that there is a presumption in favor of disclosure under section 119.07(7)(a)....
...2d DCA 1986) (stating that where applicability of exemption is disputed, “[ujnless the custodian of the requested records asserts and sustains a specific exemption to disclosure, the information must be made available to the public”). But proceedings pursuant to section 119.07(7)(a) are not subject to the rule governing proceedings to determine the applicability of an exemption from disclosure. A petition is filed pursuant to section 119.07(7)(a) only with respect to records that are admittedly confidential and exempt from disclosure....
...c disclosure of the information contained in the records. In addition, in weighing the interests in nondisclosure the court is to consider the interest of the child’s siblings and the “privacy right of other persons identified” in the records. § 119.07(7)(a)....
...“The trial court’s discretionary power is subject only to the test of reasonableness, but that test requires a determination of whether there is logic and justification for the result.” Id. In deciding “whether there is logic and justification for” a trial court’s determination under section 119.07(7)(a), we necessarily focus on the nature of the balancing process provided for in the statute....
...ibility for the failures that are evident in the handling of the underlying case. While that circumstance may be relevant to the trial court’s weighing of the public interest in disclosure, it is not sufficient in itself to defeat a petition under section 119.07(7)(a)....
...court has not conducted an in camera review of the records at issue. Canakaris,
382 So.2d at 1203 . See Dep’t of Health & Rehab. Servs. v. Gainesville Sun Publ’g Co.,
582 So.2d 725, 727 (Fla. 1st DCA 1991) (stating, in proceeding pursuant to section
119.07(7)(a), that “the trial court would have no basis on which to find good cause without reviewing the records themselves”); see also Woolling v....
...Accordingly, the trial court’s order denying the Herald-Tribune’s petition is reversed, and the case is remanded for further proceedings consistent with this opinion. Reversed and remanded. CASANUEVA, J., and GREEN, OLIVER, SENIOR JUDGE, concur. . We acknowledge that the records at issue in a proceeding under section 119.07(7)(a) are not necessarily protected from disclosure simply because there is an ongoing criminal investigation concerning acts of abuse against the child....
...3d DCA 2002) (holding, in proceeding against DCF for disclosure of records, that exemption for records relating to active criminal intelli *513 gence and investigative information was as a matter of law not applicable). That does not mean, however, that a trial court considering a petition under section 119.07(7)(a) should not consider any potential impact of the requested disclosure on the interests of the child as a crime victim in the successful prosecution of crimes against the child. . We note that section 119.07(2)(b) makes specific provision for in camera inspections of records with respect to which the custodian has asserted an exemption when the party seeking access to the records challenges the applicability of the exemption. 'Under section 119.07(2)(b), in determining whether the records at issue are exempt from disclosure, for one category of exemption — i.e., active criminal intelligence and investigative information — the trial court has discretion to conduct an in camera inspection....
...ions. The division of the exemptions into these categories depends on whether examination of the records in a particular category is necessary — or sometimes necessary — to determine the applicability of the asserted exemption. The provisions of section 119.07(2)(b) have no bearing on the question of whether a trial court can properly exercise its discretion in balancing the interests at issue under section 119.07(7)(a) without an in camera review of the records to which access is sought.
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 30 I.E.R. Cas. (BNA) 805, 2010 Fla. App. LEXIS 2528, 2010 WL 728211
...Statutory Construction Although the Legislature has given the Commission broad authority to inspect a utility company's records in ratemaking proceedings, any information which is shown to be proprietary confidential business information "shall be kept confidential and shall be exempt" from section 119.07(1), Florida Statutes....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2004 WL 433054
...the investigation of a complaint against a public school system employee shall be confidential until such time that the preliminary investigation ceases to be active, then the complaint and all such materials shall be open to the public pursuant to section 119.07(1). Section 119.07(1), Florida Statutes, provides in pertinent part: "[e]very person who has custody of a public record shall permit the record to be inspected and examined by any person desiring to do so...." Under these statutory provisions it is clear...
..."Every student shall have a right of privacy with respect to the educational records kept on him or her. Personally identifiable records or reports of a student, and any personal information contained therein, are confidential and exempt from the provisions of s.
119.07(1)." §
1002.22, Fla....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 1993 Fla. App. LEXIS 2452
right. Alternatively, respondents argue that section
119.07 of the Florida Public Records Act allows discovery
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 1990 Fla. App. LEXIS 4090, 1990 WL 77254
...tment was required to produce the photographs and records. The general state policy underlying chapter 119 is that all public records be open for inspection by any person at any reasonable time and under any reasonable conditions. §§
119.01(1) and
119.07(1)(a), Fla. Stat. (1987). Section
119.07(3)(a), Florida Statutes (1987), however, provides: "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, are exempt fro...
...videntiary privileges for civil discovery; exceptions intended only to permit withholding certain types of information from public generally). For example, the legislature has exempted the records of medical review committees from public inspection. § 119.07(3)(z), Fla....
...agreeing to Scarlett O'Hara's stipulation at the hearing that the records could be sealed. Accordingly, we hold that the photographic records maintained by the department pursuant to section
322.142(4) are exempt from public inspection by virtue of section
119.07(3)(a)....
CopyCited 1 times | Published | Supreme Court of Florida | 29 Fla. L. Weekly Supp. 391, 2004 Fla. LEXIS 986, 2004 WL 1516038
...See ch.2004-17, § 2, Laws of Fla. Second, the Legislature amended section
784.046, Florida Statutes (2003), to allow a petitioner for an injunction for protection against sexual violence to furnish an address to the court in a separate confidential filing pursuant to section
119.07(3)(s), Florida Statutes (2003), and to allow a petitioner to include a law enforcement agency incident report number in the petition as opposed to attaching the report to the petition....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 11105, 2010 WL 2976932
...After Rodale complied with the subpoenas duces tecum, James, Hoyer, Newcomer, Smiljanich, & Yanchunis, P.A., a self-described investigative law firm specializing in consumer protection issues, filed a public records request with the AG seeking access to the documents, on the authority of section 119.07, Florida Statutes (2009)....
CopyCited 1 times | Published | District Court, N.D. Florida | 2005 U.S. Dist. LEXIS 35527, 2005 WL 1684402
...8.820(e); and (b) "any information including the petition, documents, transcripts, recordings of cases, and any other information that could be used to identify a minor who has petitioned the court for a judicial waiver of parental notice of termination of pregnancy is confidential and exempt from section 119.07(1), Florida Statutes, and section 24(a), Article I of the State Constitution." Fla....
...of a misdemeanor of the second degree. §
39.205(3). Should DCF be required under section
39.201 to report any information received from the court to law enforcement, the identity of the victim of any sexual offense is exempt from public disclosure. §
119.07(6)(f)....
...ords held by the department concerning reports of child abandonment, abuse, or neglect, including reports made to the central abuse hotline and all records generated as a result of such reports, shall be confidential and exempt from the provision of s. 119.07(1) and shall not be disclosed except as specifically authorized by this chapter." [6] Section 119.07(6)(f) provides that "any criminal intelligence information or criminal investigative information or other criminal record, including those portions of court records and court proceedings, which may reveal the identity of a person who i...
CopyCited 1 times | Published | Florida 3rd District Court of Appeal
...Such notice filed with the department shall state the reasons, if any, for such termination. Information so furnished the department shall be privileged and shall not be used as evidence in or basis for any action against the insurer or any of its representatives." The court read the statute in pari materia with Fla. Stat. § 119.07(2)(a), F.S.A., which exempts certain records from inspection by the public when so provided by the Legislature....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2012 WL 573530, 2012 Fla. App. LEXIS 2708
...This appeal concerns whether Appellee City of High Springs (hereinafter the City) violated the Public Records Act by redacting questions and answers from a pre-employment polygraph report before releasing it to Appellant (hereinafter Rush). The trial court found that the City had properly redacted the material pursuant to section 119.071(1)(a), Florida Statutes (2010)....
...ults" section of the report and later requesting the "comments and findings" section. In response to these requests, the City redacted the questions and answers from the report, claiming *1110 they were exempt from the Public Records Act pursuant to section 119.071(1)(a)....
...Rush disagreed with the City's decision to redact the report. After unsuccessfully trying to obtain the full report, she filed a four-count complaint demanding, among other things, that the City release the report in its complete, unredacted form. In the complaint, she claimed section 119.071(1)(a) was not meant to apply to pre-employment polygraphs. Both parties moved for summary judgment on each count of the complaint. Ultimately, the trial court agreed with the City that section 119.071(1)(a) covers those questions asked and the answers given during a pre-employment polygraph....
...ort. [1] Rush now appeals the order entering final judgment to the City on those counts. The question presented in the instant appeal is essentially one of statutory interpretation, namely whether the exemption to the Public Records Act contained in section 119.071(1)(a) applies to questions and answers contained in a pre-employment polygraph report....
...o. of Fla. v. Williams,
212 So.2d 777, 778 (Fla. 1st DCA 1968). "Thus, if the meaning of the statute is clear then this Court's task goes no further than applying the plain language of the statute." GTC, Inc. v. Edgar,
967 So.2d 781, 785 (Fla.2007). Section
119.071(1)(a) states: Examination questions and answer sheets of examinations administered by a governmental agency for the purpose of licensure, certification, or employment are exempt from section
119.07(1) and section 24(a), Article I of the State Constitution....
...he applicant's ability to be honest and accurate, which they claimed were essential traits of law enforcement officers. The redacted questions and answers contained in the pre-employment polygraph report, therefore, fit each of the criteria given in section 119.071(1)(a)....
...Depending on the nature of the testing and the resources available to it, a government agency may very well require a third party to assist in the examination process, but the government agency is still "managing or supervising the execution, use or conduct of" the examination. Despite its plain language, Rush argues that section 119.071(1)(a) applies only to pre-employment examinations that test an applicant's technical knowledge or skills, and not to examinationssuch as the polygraph in this casethat explore an applicant's mental state or individual character traits....
...t past questions and answers. She claims the release of questions and answers from examinations that test for mental capacity or character traits, instead of technical knowledge or skills, would in no way serve this purpose. However, the language of section 119.071(1)(a) does not limit its application to any certain type of examination or subject matter that might be explored in a pre-employment examination. And while the exemption certainly prevents other prospective applicants from gaining an edge in the employment application process through advance notice of test questions and possible answers, there is nothing in section 119.071(1)(a) that states that this is its exclusive purpose. Furthermore, this Court has extended coverage under section 119.071(1)(a) to examinations that test for more than purely the applicant's skills or knowledge....
...The county provided the ratings sheets, but redacted the portion that contained a list of ten questions asked of each applicant and a summary of their responses. Id. at 836-837. In affirming the county's decision to redact these portions of the records, this Court applied the precursor to section 119.071(1)(a), finding the redacted questions and answer summaries were part of an examination that "tested the applicants' response both as to style and content....
...In short, the polygraph examination here was unique to this applicant and has not become part of the public domain. The City's decision to redact the portions of the polygraph report containing examination questions and answers was reasonably based on section 119.071(1)(a)....
...The trial court found the City's response was tardy, as over a week elapsed between the time that it received the report and the time that it released the "results" page. This portion of the trial court's decision is not contested on appeal. [2] This is not to say that section 119.071(1)(a) may be extended to the questions and answers in any polygraph report....
...1st DCA 1988), this Court found that a polygraph of a criminal defendant could be released and examined by a co-defendant seeking to prepare a post-conviction motion. However, Wisner and Downs involved polygraphs prepared during criminal investigations and can thus be distinguished from the polygraphs described in section 119.071(1)(a), which are prepared "for the purpose of licensure, certification, or employment." [3] We recognize that Rush has also raised arguments concerning the timeliness and nature of the City's response to her public records requests, i...
CopyCited 1 times | Published | Florida 1st District Court of Appeal
...Every person
with custody of a public record must allow the record “to be
inspected and copied by any person desiring to do so, at any
4
reasonable time, under reasonable conditions, and under
supervision by the custodian of the public records.” § 119.07(1)(a),
Fla. Stat. (2010). “A custodian of public records and his or her
designee must acknowledge requests to inspect or copy records
promptly and respond to such requests in good faith.”
§ 119.07(1)(c), Fla....
...“[R]easonable” delay is allowed. See Johnson,
74 So. 3d at
170-71 (remanding to determine “whether the delay was
reasonable under the facts of this case”). Once a request to inspect
public records is made, records custodians must respond promptly
and in good faith, see §
119.07(1), determining, for instance, if they
possess the records, retrieving the records, assessing whether
exemptions apply, deleting those portions of the record believed to
be exempt, notifying the requester, and making the non-exempt
records available....
...at 1077 (noting that “[t]o literally place the
records on the table would be unrealistic”). The Act and office
policy required that it be reviewed for exempt information by the
public records custodian (who also was responsible for supervising
the record inspection and copying process). See § 119.07(1)(a).
Within a week of receiving the request, State Attorney Jarvis
drafted a letter on February 2, 2011, approving Mr....
...Records Act. The Act requires “[e]very person who has custody of
a public record [to] permit the record to be inspected and copied at
any reasonable time, under reasonable conditions, and under
supervision by the custodian of the public records.” § 119.07(1)(a),
Fla....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2009 Fla. App. LEXIS 2960, 2009 WL 347775
...[2] *43 Because this matter involves a pure question of law, our review is de novo. BellSouth Telecomm., Inc. v. Meeks,
863 So.2d 287, 289 (Fla.2003). GOAA has the burden of proving that an exemption to its general duty to produce documents under the Public Records Act applies in this case. §
119.07(1)(e), Fla....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2016 Fla. App. LEXIS 18088
...The Supervisor explained that there were 145,881 ballots within 211 precincts cast in the 21st Congressional District. The Public Records Act permits a'special service charge based on extensive clerical or supervisory assistance required in response to a public records request. § 119.07(4)(d), Fla. Stat. (2014). Additionally, section 119.07(5) states that when ballots are produced for inspection or examination, “no persons other than the supervisor of elections or the supervisor’s employees shall touch the ballots.” The Supervisor believed that herself and 3 additional employees were needed to handle Trout’s request....
...the November 4, 2014 general election. The court correctly noted that “[mjaintaining the integrity of the actual ballots and preventing anyone from tampering with them is a critical matter of public interest.” The Act acknowledges this issue in section 119.07(5), which provides that when ballots are produced under the Act for inspection and examination, “no persons other than the supervisor of elections or the supervisor’s employees shall touch the ballots.” Thus, production of the ba...
...te the reasonableness of the Supervisor’s participation in the production and the number of employees she proposes to use. This case focuses on a single issué — whether the fee quoted by the Supervisor was “reasonable” within the meaning of section 119.07(4)....
...for such extensive use of information technology resources or the labor cost of the personnel providing the service that is actually incurred by the agency or attributable to the agency for the clerical and supervisory assistance required, or both. § 119.07(4)(d) (emphases added). There is no dispute that Trout’s request required “extensive clerical or supervisory assistance by personnel” of the Supervisor. The legislature’s obvious reason for allowing the service charge in section 119.07(4)(d) is to prevent taxpayers from “shoulder[ing] the entire expense of responding to an extensive request for public records.” Bd....
...Chief of Police, Clewiston Police Dep’t,
696 So.2d 772, 773 (Fla. 2d DCA 1996). To agree with Trout’s position— that the Supervisor must charge no more than the lowest hourly rate of the employee capable of performing the work — would require us to rewrite section
119.07(4)(d)....
...A court is “not at liberty to add words to statutes that were not placed there by the Legislature.” Hayes v. State,
760 So.2d 1, 4 (Fla.1999). We agree with the circuit court that the proposed charge by the Supervisor was “reasonable” within the meaning of section
119.07(4)(d)....
CopyCited 1 times | Published | Supreme Court of Florida | 38 Fla. L. Weekly Supp. 890, 2013 WL 6500885, 2013 Fla. LEXIS 2685
...onviction public records. (4) [No Change] (5) “Agency” and “person” means 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(l)(a), Florida Statutes(4997). (6) [No Change] (c)-(e) [No Change] (f) Exempt or Confidential Public Records. (1) Any public records delivered to the records repository pursuant to these rules that are confidential or exempt from the requirements of section
119.07(4), Florida Statutes, or article I, section 24(a), Florida Constitution, must be separately contained, without being redacted, and sealed....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2006 Fla. App. LEXIS 13245, 2006 WL 2267950
...Before GREEN, SUAREZ, and CORTIÑAS, JJ. PER CURIAM. The Coconut Grove Playhouse, Inc. ["Playhouse"], petitions for a writ of certiorari to quash an order of the circuit court requiring it to produce its confidential business information to respondent, Knight-Ridder, Inc., pursuant to section 119.07, Florida Statutes (2006), as a sanction for its failure to respond to a discovery subpoena....
...Ins. Co. v. Kendrick,
780 So.2d 231 (Fla. 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....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 1991 WL 151982
...If the rule "enlarges, modifies, or contravenes the specific provisions of law implemented," then it is an invalid exercise of delegated legislative authority which must be invalidated. §
120.52(8)(c), Fla. Stat. (1989). Rule 17-103.170 lists sections
119.07,
120.53 and 253.76 as the statutes it is intended to implement....
...The rule's assessment of 50 cents per page is an entirely different rate than the $2.00 per instrument authorized by section
28.24(4). One can easily envision circumstances under which the rule will produce a substantially greater charge than that authorized by the statute. Finally, the rule fails to implement section
119.07, Florida Statutes. In keeping with the stated purpose of chapter 119 to ensure access to state, county and municipal records section
119.07(1) permits a person to obtain a copy of a public record....
...Totally aside from the difference in rate, is the fact that preparation of a record on appeal pursuant to the rule is an entirely different activity performed under different authority than is the mere copying and delivery of a public record under chapter 119. Whereas copies provided under section 119.07 become the property of the person requesting and paying for them, the record on appeal from a chapter 120 proceeding is delivered to the appellate court and does not become the personal property of the appealing party....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 1997 WL 154328
...solicited the agent to commit murder and arson. Copies of these tapes were surrendered to Crossley pursuant to Florida Rule of Criminal Procedure 3.220. After the tapes were delivered to Crossley, the media requested copies of the tapes pursuant to section 119.07(1)(a), Florida Statutes (1995)....
...McCrary,
520 So.2d 32 (Fla.1988). In the instant case, the tapes had been turned over to Crossley during discovery, and therefore, they were clearly public records subject to disclosure under Chapter 119. However, this fact alone is not dispositive because section
119.07(5), Florida Statutes (1995), authorizes the trial court to close a public record which is a part of a court file....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2015 Fla. App. LEXIS 5852, 2015 WL 1811241
...sfied his
public records request. The State responds that the petition was legally
insufficient because the petitioner received a copy of a Miranda form. The
petitioner replies that the form provided was not same as the form
introduced at trial.
Section 119.07 requires records custodians to “permit the record to be
inspected and copied by any person desiring to do so.” § 119.07(1)(a), Fla.
Stat....
CopyAgo (Fla. Att'y Gen. 1993).
Published | Florida Attorney General Reports
information requests [under the provisions of section
119.07(1), Florida Statutes . . .] for personal information
CopyAgo (Fla. Att'y Gen. 1994).
Published | Florida Attorney General Reports
records made public by this section.3 Pursuant to section
119.07(1), Florida Statutes, every person "who has
CopyPublished | District Court of Appeal of Florida | 13 Fla. L. Weekly 2114, 1988 Fla. App. LEXIS 4021, 1988 WL 92696
...court ordering him to allow inspection and copying of certain motor vehicle accident reports prepared and maintained by the police department. We find that such accident reports are public records subject to public inspection and copying pursuant to section
119.07(l)(a), Florida Statutes (1987), subject however to the confidentiality provisions of section
316.066(4), Florida Statutes (1987). We therefore affirm the issuance of the writ, but remand for deletion of any part of the writ which would require disclosure or production of confidential or exempt information. Section
119.07(l)(a) provides: Every person who has custody of a public record shall permit the record to be *989 inspected and examined by any person desiring to do so, at any reasonable time, under reasonable conditions, and under supervision by the custodian of the public record or his designee....
...bed by law, upon payment of the actual cost of duplication of the record. Appellant argues that although accident reports are public records as defined by chapter 119, they are exempt from personal inspection and copying because of the provisions of section
119.07(3)(a) and section
316.066(4). Section
119.07(3)(a) provides that all public records which are presently provided by law to be confidential are exempt from personal inspection and copying....
...The reporting person’s privilege and the confidential nature of his statements under section
316.066(4), therefore, attaches to that part of an officer’s written accident report which reflects those statements. Since those statements are confidential, they are exempt from the disclosure requirements of section
119.07(1), Florida Statutes (1987). See §
119.07(3)(a), Fla....
...quire an entire accident report to be produced for public inspection even if such report contains a statement which section
316.066(4) describes as confidential or contains other portions which are otherwise exempt from public disclosure pursuant to section
119.07(3)....
...The writ should also require the custodian of the accident reports to delete or excise any portion of an accident report which is confidential or otherwise exempt from the requirement of public disclosure. After such portions have been deleted, the custodian should be required to produce the remainder of the report. See § 119.07(2), Fla....
CopyAgo (Fla. Att'y Gen. 1996).
Published | Florida Attorney General Reports
...sentative or by court order. 14 Moreover, all medical records and claims records of current or former county or municipal employees and their eligible dependents enrolled in a county or municipal group insurance plan are confidential and exempt from section
119.07 (1), Florida Statutes. 15 Thus, medical records of a municipal employee are clearly confidential and may not be disclosed as a public record absent consent from the employee or a court order. Section
119.07 (6), Florida Statutes, provides that an exemption from section
119.07 , Florida Statutes, does not imply an exemption from section
286.011 , Florida Statutes....
...ontract with the city and other city officials responsible for advising the city regarding the provision of emergency medical services by the city or defending the city against a possible claim against the city for the provision of such services. 14 Section 119.07 (3)(v), Fla....
CopyAgo (Fla. Att'y Gen. 2003).
Published | Florida Attorney General Reports
...However, the prices or fees for the sale or licensing of copyrighted data processing software to an individual or entity solely for application to information maintained or generated by the agency that created the copyrighted data processing software shall be determined pursuant to s. 119.07 (1)." 7 Thus, the Legislature has authorized a county to copyright and license data processing software created by that county....
...r public records would appear to be inconsistent with the provisions of Chapter 119 , Florida Statutes. Pursuant to Article VIII , section 1 (g), Florida Constitution, a charter county may not enact ordinances that are inconsistent with general law. Section 119.07 (1)(a), Florida Statutes, specifically provides that "the charge for copies of county maps or aerial photographs supplied by county constitutional officers may also include a reasonable charge for the labor and overhead associated with their duplication." Thus, the statute recognizes that an additional charge may be made for material such as maps. In addition, section 119.07 (1)(b), Florida Statutes, recognizes that a special service charge may be imposed "[i]f the nature or volume of public records requested to be inspected, examined, or copied pursuant to this subsection is such as to require extensive u...
...s and related data in order to regulate and authorize redistribution of these materials for commercial use. Sincerely, Charlie Crist Attorney General CC/tgh 1 See , s.
119.01 (1), Fla. Stat., and Art. I , s. 24 (a), Fla. Const. 2 Sections
119.01 and
119.07 (1), Florida Statutes....
CopyPublished | Florida 2nd District Court of Appeal | 2005 Fla. App. LEXIS 15360, 2005 WL 2372751
NORTHCUTT, Judge. Affirmed, but without prejudice to Lar-on Mingo filing a request for the documents listed in section 119.07, Florida Statutes (2004), with the clerk of the trial court....
CopyAgo (Fla. Att'y Gen. 2001).
Published | Florida Attorney General Reports
disposition of public records.2 Thus, pursuant to section
119.07(1)(a), Florida Statutes, "[e]very person who
CopyAgo (Fla. Att'y Gen. 1999).
Published | Florida Attorney General Reports
the same bill, the Legislature also amended section
119.07(3), Florida Statutes, to provide for the confidentiality
CopyAgo (Fla. Att'y Gen. 1995).
Published | Florida Attorney General Reports
confidential and exempt from the provisions of section
119.07(1), Florida Statutes. The statute sets forth
CopyAgo (Fla. Att'y Gen. 1994).
Published | Florida Attorney General Reports
...month's medical claims under the city's group health insurance plan that identifies the public employees who obtained medical services and the amount of such claims, together with some account information, is exempt from the disclosure provisions of section 119.07 (1), Florida Statutes....
...e above requirements of access and to enact laws governing the enforcement of the constitutional provision, including statutes regulating the maintenance, control, destruction, and disposal of records made public by this section. 3 Thus, pursuant to section 119.07 (1)(a), Florida Statutes, "[e]very person who has custody of a public record shall permit the record to be inspected and examined by any person desiring to do so, at any reasonable time, under reasonable conditions, and under supervisi...
...tory exemption. 5 The Legislature, however, has recognized the sensitive personal nature of medical information concerning individuals and has enacted several statutory provisions exempting certain medical information from disclosure. 6 For example, section 119.07 (3)(cc), Florida Statutes, provides that medical information pertaining to a prospective, current, or former officer or employee of an agency which, if disclosed, would identify that officer or employee is confidential and exempt from the disclosure provisions of section 119.07 (1), Florida Statutes, unless written permission of the employee or the employee's legal representative has been obtained....
...al condition or status of any person covered by such benefits. The statute, as amended by section 6, chapter 94-90, Laws of Florida, effective October 1, 1994, also provides that such information in the possession of a public employer is exempt from section 119.07 (1), Florida Statutes, and Article I , section 24 (a), Florida Constitution....
...nty or municipal employees, former county or municipal employees, or eligible dependents of such employees enrolled in a county or municipal group insurance plan or self-insurance plan shall be kept confidential and are exempt from the provisions of s. 119.07 (1)....
...the city's group health insurance plan that identify a public employee who obtained medical services, together with some account information and the amount of the employee's medical claim, would appear to be exempt from the disclosure provisions of section
119.07 (3), Florida Statutes. Sincerely, Robert A. Butterworth Attorney General RAB/tjw 1 Section
119.01 (1), Fla. Stat. (1993). 2 Article I , s. 24 (a), Fla. Const. 3 Article I , s. 24 (c), Fla. Const. 4 Section
119.07 (3)(a), Fla....
CopyAgo (Fla. Att'y Gen. 1994).
Published | Florida Attorney General Reports
Will the work product exception created by section
119.07(3)(n), Florida Statutes, be retained if the
CopyPublished | Supreme Court of Florida | 26 Fla. L. Weekly Supp. 644, 2001 Fla. LEXIS 1911, 2001 WL 1155090
...l 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(l)(a), Florida Statutes (1997)....
...ave been copied, indexed, and delivered to the records repository. (f) Exempt or Confidential Public Records. (1) Any public records delivered to the records repository pursuant to these rules that are confidential or exempt from the requirements of section 119.07(1), Florida Statutes, or article I, section 24(a), Florida Constitution, must be separately contained, without being redacted, and sealed....
CopyAgo (Fla. Att'y Gen. 1991).
Published | Florida Attorney General Reports
generates documents of the kind described in section
119.07(3), Fla. Stat. (Supp 1990.), then it appears
CopyAgo (Fla. Att'y Gen. 1997).
Published | Florida Attorney General Reports
question: Does the confidentiality requirement of section
119.07(3)(i)1., Florida Statutes, apply to the Official
CopyAgo (Fla. Att'y Gen. 1980).
Published | Florida Attorney General Reports
...Would complaints filed with the Commission on Human Relations which are referred to a local governmental agency for investigation and action, pursuant to s. 23.167(11)(a), F. S., be subject to the confidentiality requirement of s. 23.167(14) and, therefore, be exempt from the disclosure provisions of s. 119.07 , F....
...referred by the commission to the local governmental agency for investigation and action pursuant to s. 23.167(11)(a), F. S., be subject to the confidentiality requirement of s. 23.167(14) and, therefore, be exempt from the disclosure provisions of s. 119.07 , F....
...ection with the transaction of official business by any public agency or any other public or private agency or person or entity acting on behalf of any public agency must be open for personal inspection by any person. See ss.
119.011 (1) and (2) and
119.07 (1)....
...g jurisdiction over the subject matter of the complaint to investigate or take action would be a public record in the custody of the local governmental agency or other agency, person, or entity acting on its behalf under these statutory definitions. Section 119.07 (1)(a), F....
...S., clearly mandates that `[e]very person who has custody of public records shall permit the records to be inspected and examined by any person desiring to do so, at reasonable times, under reasonable conditions, and under supervision by the custodian of the records or his designee.' Section 119.07 (3)(a) provides an exemption from the inspection requirements of that section for `[a]ll 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.' Paragraphs (b) through (k) of s. 119.07 (3) provide further specific exemptions from the inspection requirements of the Public Records Law....
...made confidential; or its inspection must be prohibited by some provision of general or special law. In Wait v. Florida Power Light Co.,
372 So.2d 420 , 425 (Fla. 1979), the Florida Supreme Court further determined that the language now contained in s.
119.07 (3)(a) and (b) `excludes any judicially created privilege of confidentiality and exempts from public disclosure only those public records that are provided by statutory law to be confidential or which are expressly exempted by general or sp...
...absence of a statutory exemption or provision making these complaints confidential or prohibiting their inspection by the public while in the custody of a local governmental agency, such complaints would be subject to the inspection requirements of s. 119.07 , F....
CopyAgo (Fla. Att'y Gen. 2004).
Published | Florida Attorney General Reports
behalf.1 Under Florida's Public Records Law, section
119.07(1)(a), Florida Statutes, every person who has
CopyPublished | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 14075, 2010 WL 3655931
...[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. Section *512
119.07(1), Florida Statutes, permits any person to inspect and copy public records held by a state agency unless a statutory exemption applies....
...Section
456.073(10), Florida Statutes (2009), provides such an exemption for information the Department obtains during a disciplinary investigation: The complaint and all information obtained pursuant to the investigation by the department are confidential and exempt from s.
119.07(1) until 10 days after probable cause has been found to exist by the probable cause panel or by the department, or until the regulated professional or subject of the investigation waives his or her privilege of confidentiality, whichever occurs first....
...(Emphasis added.) Thus the Department's investigative records remain confidential and exempt from chapter 119 unless probable cause is found to prosecute the licensee or the licensee affirmatively waives confidentiality. Exemption from disclosure under section 119.07(1) does not also exempt a public record from discovery in administrative proceedings....
...Spiva,
478 So.2d 382, 383 (Fla. 1st DCA 1985) (unsuccessful applicant for a position as state pilot for the Port of Miami was entitled under discovery rules to exam grade reports for successful applicants where the requested reports were exempt from section
119.07(1) but were relevant and material to the applicant's administrative challenge)....
...The student seeking discovery of the orders had filed a rule challenge aimed at invalidating one of the university's disciplinary rules. Id. at 577. The requested orders constituted confidential student records under section 228.093, [2] Florida Statutes, and were exempt from section 119.07(1)....
...paired practitioners program. Section 458.3315, [3] Florida Statutes, established the program to permit practitioners to obtain treatment in lieu of disciplinary sanctions, and made all information about such treatment "confidential and exempt" from section 119.071(1)....
CopyAgo (Fla. Att'y Gen. 1986).
Published | Florida Attorney General Reports
To: Randy Miller Executive Director Department of Revenue QUESTION: Is sales tax due on the cost of copies of public records furnished by public officers or public employees under the provisions of s.
119.07 (1), F.S.? SUMMARY: Unless and until judicially determined otherwise, the sales tax imposed pursuant to s.
212.05 , F.S., is not applicable to fees charged for providing copies of public records under s.
119.07 , F.S....
...ordinance or in connection with the transaction of official business by any public agency or any public or private agency acting on behalf of a public agency must at all times be open for personal inspection by any person. See s.
119.01 , F.S., and s.
119.07 (1), F.S. Section
119.07 (1)(a), provides: Every person who has custody of a public record shall permit the record to be inspected and examined by any person desiring to do so, at any reasonable time, under reasonable conditions, and under supervision by the custodian of the public record or his designee....
...prescribed, upon payment of the actual costs of duplication is not engaging in the business of selling tangible personal property at retail, and therefore no sales tax is due on the cost of copies of public records furnished under the provisions of s. 119.07 (1), F.S....
...See Maas Brothers, Inc. v. Dickinson,
195 So.2d 193 (Fla. 1967); Culbreath v. Reid,
65 So.2d 556 (Fla. 1953). Nor does it appear that providing a copy of a public record constitutes a taxable service under the provisions of ch. 212 , F.S., as amended. Section
119.07 (1)(a), F.S., makes it clear that the phrase "actual cost of duplication" does not include "the labor cost or overhead cost associated with such duplication." Section
119.07 (1)(b), F.S., further authorizes a "special service charge" that may be imposed if the nature of volume of public records requested is such as to require extensive use of information technology resources or extensive clerical or supervisory assistance by agency personnel....
CopyAgo (Fla. Att'y Gen. 2011).
Published | Florida Attorney General Reports
...That is, unless the Legislature has expressly exempted an agency's personnel records from disclosure or authorized an agency or public entity to limit access to such records, personnel records of public employees are subject to public inspection under section 119.07 (1), Florida Statutes....
CopyAgo (Fla. Att'y Gen. 2000).
Published | Florida Attorney General Reports
appropriate jurisdiction operates as an exemption to section
119.07(1), Fla. Stat. 7 Rule 64D-2.003(2), Fla. Admin
CopyAgo (Fla. Att'y Gen. 2010).
Published | Florida Attorney General Reports
subject to public inspection and copying under section
119.07(1), Florida Statutes.5 Section
119.071(4)(d)2
CopyAgo (Fla. Att'y Gen. 1974).
Published | Florida Attorney General Reports
public records in the Florida Election Code. Section
119.07, F.S., in summary provides that every person
CopyAgo (Fla. Att'y Gen. 1997).
Published | Florida Attorney General Reports
...ications? 2. If such communications are privileged, is the school board attorney prohibited from confirming, in writing, any oral advice given to a school board member when the written confirmation will be a public record subject to inspection under section 119.07 , Florida Statutes (1996 Supplement)? 3....
...e not privileged communications. 2. A school board attorney may memorialize, in writing, any conversations with an individual school board member or the superintendent. These documents are public records subject to inspection and copying pursuant to section 119.07 (1), Florida Statutes (1996 Supplement)....
...In light of the public nature of such discussions, there is no prohibition against the school board attorney memorializing, in writing, any advice given during such discussions. These documents would be public records subject to inspection and copying pursuant to section 119.07 (1), Florida Statutes (1996 Supplement)....
CopyAgo (Fla. Att'y Gen. 2004).
Published | Florida Attorney General Reports
...ial. Specifically you refer to the provisions of section
946.517 , Florida Statutes, which provides that while PRIDE's records are public records, "proprietary confidential business information shall be confidential and exempt from the provisions of s.
119.07 (1) and s....
...e Sunshine Law. The Florida Supreme Court has held that in the absence of a statute exempting a meeting in which privileged information is discussed, section
286.011 , Florida Statutes, should be construed as containing no exceptions. 14 In addition section
119.07 (5), Florida Statutes, was amended in 1991 to clearly provide that an exemption from section
119.07 "does not imply an exemption from or exception to s....
...the Secretary of the Florida Department of Corrections and as a member of board of directors of PRIDE. You refer the provisions of section
946.517 , Florida Statutes, which exempts proprietary confidential business information from disclosure under section
119.07 (1), Florida Statutes, and Article I , section 24 (a), of the Florida Constitution, and provides for its confidentiality....
CopyAgo (Fla. Att'y Gen. 2004).
Published | Florida Attorney General Reports
not alter the "duty of disclosure" imposed by section
119.07(1), Florida Statutes, on "[e]very person who
CopyAgo (Fla. Att'y Gen. 2001).
Published | Florida Attorney General Reports
...he incident prompting this opinion request involved an adult student who was arrested for a felony committed on school grounds. The analysis contained in this discussion is equally applicable to a high school student who is 18 years of age or older. Section 119.07 (1), Florida Statutes, requires that all "public records" be open for inspection and copying....
...if committed by an adult, would be a felony; (b) Found by a court to have committed three or more violations of law which, if committed by an adult, would be misdemeanors; * * * shall not be considered confidential and exempt from the provisions of s. 119.07 (1) solely because of the child's age." Shortly after the legislative enactment in 1994, this office considered the effect of this language, originally adopted as section 39.045(9), Florida Statutes (1994 Supp.)....
...119.011 (3)(a)-(d), Fla. Stat., defining active criminal intelligence information and active criminal investigative information and setting forth particular information which cannot be characterized as criminal intelligence or investigative information. And see , e.g ., s. 119.07 (3)(f), Fla. Stat., making certain information about the victims of sexual offenses exempt from s. 119.07 (1), Fla....
CopyPublished | District Court, S.D. Florida | 18 Media L. Rep. (BNA) 1320, 1990 U.S. Dist. LEXIS 12282, 1990 WL 133194
...criminal investigative information shall be considered “active” while such information is directly related to pending prosecutions or appeals. The word “active” shall not apply to information in cases which are barred from prosecution under the provisions of s.
775.15 or other statute of limitation.
119.07 Inspection and examination of records; exemptions (1)(a) Every person who has custody of public records shall permit the records to be inspected and examined by any person desiring to do so ......
CopyPublished | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 9758, 1992 WL 220517
...1st DCA 1989). Cannella too acknowledges the authority conferred by this section: “[sjection
119.11 provides for an accelerated court hearing when, inter alia, the party seeking to inspect a record challenges the exemption asserted by the custodian under section
119.07(2)(a)” (emphasis added)....
...elfare, all records concerning reports of child abuse or neglect, including reports made to the central abuse registry and tracking system and all records generated as a result of such reports, shall be confidential and exempt from the provisions of s. 119.07(1) and shall not be disclosed except as specifically authorized by ss. 415.502-415.514. Such exemption from s. 119.07(1) applies to information in the possession of those entities granted access as set forth in this section....
CopyAgo (Fla. Att'y Gen. 1999).
Published | Florida Attorney General Reports
...re addressed in section
20.055 (5)(b), Florida Statutes, which states that "[a]udit work-papers and reports shall be public records to the extent that they do not include information which has been made confidential and exempt from the provisions of s.
119.07 (1) pursuant to law." (e.s.)....
...employer, employment agency, labor organization, or joint labor-management committee shall be confidential and shall not be disclosed by the commission, except to the parties or in the course of a hearing or proceeding under this section." See also, s. 119.07 (3)(q), Fla....
...9 See, City of Riviera Beach v. Barfield,
642 So.2d 1135 , 1137 (Fla. 4th DCA 1994), review denied,
651 So.2d 1192 (Fla. 1995) (city authorized to withhold exempt active criminal investigative records but "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"). Section
119.07 (2)(a), Fla....
CopyPublished | Florida 3rd District Court of Appeal | 31 Media L. Rep. (BNA) 1181, 2002 Fla. App. LEXIS 14574, 2002 WL 31250730
...to rule 3.220(a), Florida Rules of Criminal Procedure. On the same day, Post-Newsweek Stations Florida, Inc. requested the injury photograph and Mrs. Carollo’s statement from the City of Miami Police Department pursuant to the Public Records Act, section
119.07, Florida Statutes (2000). The City responded that the requested documents were exempt from disclosure under section
119.07(3)(b) as “part of an active criminal investigation as defined by [sections]
119.011(3)(b), (c) and (d).” The next day, Post-Newsweek filed a complaint for writ of mandamus in circuit court to compel the City to provide the requested documents....
...ering the City to comply with Posb-News-week’s request. 1 The circuit court held that when Mayor Carollo requested discovery, the State Attorney’s Office was then required by law to provide him with the documents. Because the Public Records Act, section 119.07(3)(b), Florida Statutes (2000), does not exempt documents which are required by law to be provided to the defendant, the court determined that the injury photograph and Mrs. Carollo’s statement were not exceptions to the Public Records Act. 2 We disagree that a discovery request alone removes exempt status. The Law Section 119.07(3)(b) exempts “active criminal investigative information” from the Public Records Act....
...Absent the discovery notice, the State Attorney’s Office is not required to release the documents to the defendant. Once the State Attorney’s Office releases the requested information to the defendant, the documents attain public record status and lose the exempt status section 119.07(3)(b) provides....
...e defendant is entitled to receive them. Further, PosNNewsweek’s argument would make a discovery notice irrevocable and irreversible, but rule 3.220(d)(3) seems to envision the withdrawal of a Notice of Discovery. 3 Both the language and intent of section 119.07 is to make the right of the defendant to receive documents coextensive with their status as “public records.” As the documents at issue here were never “given to the person arrested,” nor were they required to be given once the...
...Carollo’s ten page detailed written statement and the close-up photograph of the injury. Additionally, rule 3.220(a) imposes upon a defendant a reciprocity obligation which should not be circumvented. See Henderson v. State,
745 So.2d 319 (Fla.1999). “The provisions of [section
119.07] are not intended to expand or limit the provisions of [rule] 3.220.” Id....
...stated purposes. See Miami Herald Publ’g Co. v. City of North Miami,
452 So.2d 572, 573 (Fla. 3d DCA 1984). Moreover, “when in doubt the courts should find in favor of disclosure rather than secrecy.” Bludworth,
476 So.2d at 780, n. 1 . Here, section
119.07 provides that “[active criminal intelligence information and active criminal investigative information are exempt from” disclosure under the Public Records Act. §
119.07(3)(b), Fla....
...s that request before the State responds to the request and before the expiration of the 15 days prescribed in rule 3.220(b), are the materials and documents so requested subject to a Public Record request or do they retain their exempt status under section 119.07, Florida Statutes (2000), as active criminal investigative information? Motion denied....
CopyAgo (Fla. Att'y Gen. 1985).
Published | Florida Attorney General Reports
...Byron, Harless, Schaffer, Reid and Associates, Inc.,
379 So.2d 633 , 640 (Fla. 1980), the Court construed the foregoing definition to encompass "any material prepared in connection with official agency business which is intended to perpetuate, communicate, or formalize knowledge of some type." Under s.
119.07 (1)(a), F.S., as amended by s....
...The custodian shall furnish a copy or a certified copy of the record upon payment of the fee prescribed by law or, if a fee is not prescribed by law, upon payment of the actual cost of duplication of the record. (e.s.) The "actual cost of duplication" includes the cost of material and supplies but not labor or overhead. Section 119.07 (1)(a), F.S., supra....
...of information technology resources or both, that agency may charge, in addition to the actual cost of duplication a special service charge, which shall be reasonable and which shall be based upon labor costs for clerical and supervisory assistance. Section 119.07 (1)(b), F.S., as amended by s....
CopyPublished | Florida 2nd District Court of Appeal | 2005 Fla. App. LEXIS 16036, 2005 WL 2467264
...Section
39.202(1) requires the Department to maintain the confidentiality of the records of children and families concerning reports of abandonment, abuse, and neglect. Specifically, this section exempts such material from the open records provisions of section
119.07(1)....
CopyPublished | District Court of Appeal of Florida | 1995 Fla. App. LEXIS 10399, 1995 WL 581132
...e the grand jury. On November 3, 1992, the voters of this state amended Article I, Section 24 of the Constitution to specifically subject both the executive and judicial branches of government to the public records disclosure requirement codified at section 119.07, Florida Statutes (1993)....
...Section
905.27 does not provide a public records exemption for grand jury testimony; such an exemption is contained within section
905.17. Section
905.17(1) provides: The notes, records, and transcriptions [of the grand jury] are confidential and exempt from the provisions of s.
119.07(1) and s....
...Thus, section
905.27 clearly complies with the public necessity requirement contained in Article I, Section 24(e). In conclusion, the purpose of section
905.27 is to provide a limited exception to the public records exemption contained in section
905.17. Section
905.17 provides the general exemption from section
119.07 and thus is subject to the requirements of Article I, Section 24(c)....
...ined in section
905.17.Nothing in Article I, Section 24 requires exceptions to a public record exemption to contain a public necessity statement. Thus, because section
905.27 does not provide an exemption to the public records requirement located at section
119.07, it is not subject to the requirements contained in Article I, Section 24(c)....
CopyPublished | District Court of Appeal of Florida | 1999 Fla. App. LEXIS 13150, 1999 WL 781575
...e purchase of the property if Lakepointe had accepted its offer. The contract could not have been formalized by Lakepointe’s acceptance alone, because the Department was required by law to wait at least thirty days from the date of acceptance. See § 119.07(3)(n), Fla....
CopyAgo (Fla. Att'y Gen. 1991).
Published | Florida Attorney General Reports
...AS TO QUESTION 1: The authority of the judiciary over access to its records flows from the separation of powers doctrine and form the ability of The Supreme Court of Florida to adopt rules for practice and procedures in all courts under s. 2(a), Art V, State Const. 1 Section 119.07 (4), F.S. (1990 Supp.), reflects this authority by providing that nothing in the section shall be construed to exempt from the disclosure provisions of s. 119.07 (1)(a), F.S....
...file, as public records subject to disclosure. 4 This office has not been advised of any court order or rule specifying the fees to be imposed for copies of court records. The provisions of Ch. 119 , F.S., would, therefore, appear to be applicable. Section 119.07 (1)(a), F.S....
...1981) (investigative files of the state bar as the official arm of the Supreme Court are subject to the control and direction of the Court and not to other branches of government and thus Ch. 119 does not apply to such records). 2 See , Tampa Television, Inc. v. Dugger,
559 So.2d 397 (1 D.C.A. Fla., 1990) (in s.
119.07 [4], F.S....
...1988), in which the Court noted that the existence of a statutory right of access to public records did not operate to divest a court of its responsibilities under the separation of powers doctrine to ensure that the defendant receives a fair trail. 5 Section 119.07 (1)(a), F.S....
...28.24 (8)(a), F.S., refer to instruments "in the public records." 11 Attorney General Opinion 80-57. 12 Government-in-the-Sunshine Manual, 1991 Edition, p. 77. 13 Case No. 86-1129CA (6th Cir. Pasco co., May 22, 1987), affirmed ,
529 So.2d 1124 (2 D.C.A. Fla., 1988). 14 See , s.
119.07 (1)(a), F.S....
CopyAgo (Fla. Att'y Gen. 1990).
Published | Florida Attorney General Reports
copy for a certified copy of a public record. Section
119.07(1)(a), F.S., as amended by s. 1, Ch. 90-43
CopyAgo (Fla. Att'y Gen. 1983).
Published | Florida Attorney General Reports
prescribed for other operating funds of the agency. Section
119.07(1)(a), F.S. (1982 Supp.). As is stated in s
CopyPublished | Supreme Court of Florida
...(A) information described by any of subdivisions (c)(1)
through (c)(6) of this rule; and
(B) except as provided by court order, information subject to
subdivision (c)(7) or (c)(8) of this rule that is currently confidential or exempt from
section 119.07, Florida Statutes, and article I, section 24(a) of the Florida
Constitution as specifically stated in any of the following statutes or as they may
be amended or renumbered:
(i) Chapter 39 records relating...
CopyPublished | Supreme Court of Florida | 40 Fla. L. Weekly Supp. 593, 2015 Fla. LEXIS 2948, 2015 WL 10490031
...[name of person or
agency],.....(name of person or agency)..... hereby gives notice to the records repository of the
Secretary of State that certain delivered records are confidential or exempt from the requirements
of section 119.07(1), Florida Statutes....
CopyPublished | Florida 4th District Court of Appeal | 2008 Fla. App. LEXIS 16793, 2008 WL 4723608
...ting the public records statute by refusing to furnish him additional public records until he paid for the first copies he had ordered. Lozman did not question the amount of the charges, or whether the city was authorized to charge, recognizing that section 119.07(4)(d) authorizes the charging of a fee for inspecting records as well as for copying them....
...legislature’s determination that taxpayers should not shoulder the entire expense of responding to an extensive request for public records.” He argues, however, that the city must formally adopt a policy of requiring an advance deposit. Because section 119.07(4) does not require the City to do any more than what it did in this case, Lozman was not entitled to a writ of mandamus....
CopyPublished | Florida 2nd District Court of Appeal | 2004 Fla. App. LEXIS 16091, 2004 WL 2413962
...Sun-Sentinel, Inc.,
865 So.2d 1278 (Fla.2004), which requires formal service on the person named in the report or the agency affected. However, Sun-Sentinel is distinguishable. That case involved an attempt to obtain information pursuant to Florida’s public records law, section
119.07, Florida Statutes (2003)....
CopyPublished | Supreme Court of Florida
...(b) Confidentiality of Address. When a petitioner for
domestic violence injunction requests that his or her address be
kept confidential pursuant to section
741.30, Florida Statutes, this
information is exempt from the public records provisions of section
119.07(1), Florida Statutes and article I, section 24(a), Florida
Constitution, and is a confidential court record under Rule of
General Practice and Judicial Administration 2.420(d)....
CopyPublished | Supreme Court of Florida
...(b) Confidentiality of Address. When a petitioner for
domestic violence injunction requests that his or her address be
kept confidential pursuant to section
741.30, Florida Statutes, this
information is exempt from the public records provisions of section
119.07(1), Florida Statutes and article I, section 24(a), Florida
Constitution, and is a confidential court record under Rule of
General Practice and Judicial Administration 2.420(d)....
CopyAgo (Fla. Att'y Gen. 1986).
Published | Florida Attorney General Reports
...Representative Arnold: This is in response to your request for an opinion on substantially the following question: ARE MEDICAL RECORDS AND MEDICAL CLAIMS RECORDS RELATING TO COUNTY OR MUNICIPAL GOVERNMENT EMPLOYEES SUBJECT TO PUBLIC INSPECTION UNDER s. 119.07 , F.S., WITHOUT THE PRIOR WRITTEN AUTHORIZATION OF AFFECTED EMPLOYEES? You state in your inquiry that some questions have been raised regarding the interpretation of s....
...t of the Legislature. Florida's Public Records Law, Ch. 119 , F.S., requires that every person having custody of public records shall permit such records to be inspected and examined by any person at reasonable times and under reasonable conditions. Section 119.07 (1)(a), F.S....
...perpetuate, communicate, or formalize knowledge of some type). Only those public records which are presently provided by law to be confidential or which are prohibited from being inspected by general or special law are exempt from the provisions of s. 119.07 (1), F.S. Section 119.07 (3)(a), F.S....
...service district received by the district in connection with the transaction of its official business and furnished to the district by or for such employees was subject to public inspection by any person desiring to do so pursuant to ss.
119.01 and
119.07 (1)(a), F.S., without the prior authorization of the affected employees in the absence of any express statutory exemption prohibiting such inspection....
...ed to persons other than the patient or his legal representative without written authorization of the patient, did not apply to public records or operate to exempt medical information contained in public records from the provisions of ss.
119.01 and
119.07 (1)(a)....
...r municipal government relating to county or municipal employees, or eligible dependents of such employees enrolled in a county or municipal group insurance plan or self-insurance plan shall be kept confidential and are exempt from the provisions of s. 119.07 (1)....
...y suggests that a prohibition on "furnishing" of certain records may be viewed solely as a prohibition on the furnishing of copies of records and would not relate to or operate to prohibit mere inspection or examination of public records pursuant to s. 119.07 (1), F.S. See, s. 119.07 (1)(a), F.S., providing that the custodian of a public record "shall permit the record to be inspected and examined by any person desiring to do so, at any reasonable time, under reasonable conditions, and under supervision by the custodian...
...The statute does provide that "[s]uch records shall not be furnished" (e.s.) except to specified persons under certain circumstances. However, s.
112.08 (7) also clearly provides that the medical records and medical claims records described therein "shall be kept confidential and are exempt from the provisions of s.
119.07 (1)." (e.s.) Thus, such medical records and medical claims records are exempt from and are not subject to the requirement of s.
119.07 (1)(a) that the custodian permit records to be "inspected and examined by any person desiring to do so," but rather may be made available for inspection or examination or may be furnished only under the circumstances provided for in s....
...to any method of transferring possession). Accordingly, since the Legislature now has enacted a statutory exemption providing that medical records and medical claims records in the custody of county or municipal governmental units are exempted from s. 119.07 (1), F.S., and shall be kept confidential and furnished only under specified conditions, I am of the opinion that medical records and medical claims records in the custody of a unit of county or municipal government relating to county or municipal employees, former county or municipal employees, or eligible dependents of such employees enrolled in a county or municipal group insurance plan or self-insurance plan shall be kept confidential, are exempt from the provisions of s. 119.07 (1), and are not subject to public inspection or examination and shall not be furnished to any person other than the affected employee or his legal representative, except upon written authorization of the employee or upon issuance of a subp...
...elating to county or municipal employees, former county or municipal employees, or eligible dependents of such employees enrolled in a county or municipal group insurance plan or self-insurance plan are confidential and exempt from the provisions of s.
119.07 (1), F.S., pursuant to s.
112.08 (7), F.S., as added by s. 4, Ch. 86-180, Laws of Florida, and are not subject to public inspection under s.
119.07 , F.S., and shall not be furnished to any person other than the affected employee or his legal representative except upon written authorization of the employee or issuance of a subpoena from a court of competent jurisdiction in any civil or criminal action on proper notice unless otherwise provided by law....
CopyAgo (Fla. Att'y Gen. 1986).
Published | Florida Attorney General Reports
...Chapter 119 , F.S., Florida's Public Records Law, makes all public records made or received pursuant to law or ordinance or in connection with the transaction of official business by any public agency open for inspection by any person. Sections
119.01 and
119.07 , F.S., as amended by Chs....
...upon payment of the actual cost of duplication. The actual cost of duplication is defined to mean "the cost of the material and supplies used to duplicate the record, but . . . [not] the labor cost or overhead cost associated with such duplication." Section 119.07 (1)(a), F.S....
...Florida Power and Light Company,
372 So.2d 420 , 425 (Fla. 1979), held that "only those public records that are provided by statutory law to be confidential or which are expressly exempted by general or special law" are exempt from public disclosure and copying. As you point out in your letter s.
119.07 (3)(r)2., F.S., provides an exemption for certain sensitive agency-produced data processing software....
CopyAgo (Fla. Att'y Gen. 2004).
Published | Florida Attorney General Reports
You have asked the following question: Does section
119.07(3)(aa), Florida Statutes, as amended during
CopyAgo (Fla. Att'y Gen. 1998).
Published | Florida Attorney General Reports
document or instrument recorded.9 Moreover, section
119.07(1)(a), Florida Statutes, requires every person
CopyAgo (Fla. Att'y Gen. 1994).
Published | Florida Attorney General Reports
The Honorable Everett S. Rice Pinellas County Sheriff's Office Post Office Drawer 2500 Largo, Florida 34649-2500 Dear Sheriff Rice: You ask substantially the following question: Does section 119.07 (3)(k)1., Florida Statutes, exempt booking photographs of law enforcement and correctional officers who are in the custody of their employing agency from the disclosure requirements of section 119.07 (1), Florida Statutes? In sum: Section 119.07 (3)(k)1., Florida Statutes, does not exempt from disclosure booking photographs of law enforcement and correctional officers who are in the custody of their employing agency and who are not undercover personnel whose identity would otherwise be protected by section 119.07 (3)(g), Florida Statutes....
...Subsequent to his arrest by the sheriff's office, the deputy was booked into the county jail at which he is employed. The deputy was photographed and fingerprinted. Local news media requested a copy of the deputy's booking photograph for publication. You do not indicate that the deputy is an undercover personnel. Section 119.07 (1), Florida Statutes, requires that all "public records" be open for inspection and copying....
...icial business by any agency. 1 (e.s.) All such materials are open for public inspection unless the Legislature has specifically exempted them from disclosure. 2 As the statutory definition states, photographs can constitute public records. However, section 119.07 (3)(k)1., Florida Statutes, in pertinent part provides: The home addresses, telephone numbers, social security numbers, and photographs of active or former law enforcement personnel, including correctional and correctional probation of...
...abuse, neglect, exploitation, fraud, theft, or other criminal activities . . . are exempt from the provisions of subsection (1). (e.s.) While the terms of the statute exempt photographs of law enforcement personnel from public disclosure required by section 119.07 (1), Florida Statutes, the context in which such photographs are exempted relates to the law enforcement personnel's employment with an agency....
...3 Thus, a booking photograph, while taken by the employing agency, is in the custody of the agency for purposes other than those related to employment of the law enforcement personnel and, therefore, would not be exempt from disclosure pursuant to section 119.07 (3)(k)1, Florida Statutes (1993). Section 119.07 (3)(g), Florida Statutes, however, exempts from disclosure "any information revealing undercover personnel of any criminal justice agency." (e.s.) There is no indication that this exemption is limited to information related to a law enforcement personnel's employment with a law enforcement agency. Thus, the booking photograph of an undercover officer would be exempt from disclosure pursuant to section 119.07 (3)(g), Florida Statutes. In Attorney General Opinion 90-50, this office identified the purpose of section 119.07 (3)(k), Florida Statutes, as protecting the safety of law enforcement officers and their families by removing certain information relating to such individuals from the mandatory disclosure requirements of Chapter 119 , Florida Statutes. In that opinion, the question was posed whether a city could post the names, identification numbers and photographs of its police officers in the hallway of the department for public display. While noting that section 119.07 (3)(k), Florida Statutes, does not prohibit the posting of such materials, this office concluded that absent a strong public policy for disclosure, such a display would appear to be counter to the purpose of the exemption....
...I would note that under similar circumstances, a municipal police officer arrested by the county sheriff and booked in the county jail would be unable to present the same argument, since the county would not be the police officer's employing agency. It serves no rational purpose to afford a deputy sheriff the protection of section
119.07 (3)(k), Florida Statutes, when the same protection would not be extended to any other law enforcement personnel not employed by the county. Thus, it is my opinion that section
119.07 (3)(k)1., Florida Statutes, does not exempt from disclosure booking photographs of law enforcement and correctional officers who are in the custody of their employing agency and who are not undercover personnel whose identity is exempt from disclosure pursuant to section
119.07 (3)(g), Florida Statutes. Sincerely, Robert A. Butterworth Attorney General RAB/tls 1 Section
119.011 (1), Fla. Stat. (1993). 2 See, Wait v. Florida Power Light Company,
372 So.2d 420 (Fla. 1979). 3 Cf., section
119.07 (3)(k)2., Fla....
CopyAgo (Fla. Att'y Gen. 1990).
Published | Florida Attorney General Reports
...7 (e.s.) Thus, a distinction appears to have been made by the separate treatment of medical records and reports within the statute and there is no indication that the Legislature intended that a notice of injury form be treated as a medical report or record within the terms of s.
440.185 , F.S. Pursuant to s.
119.07 , F.S., "[e]very person who has custody of a public record shall permit the record to be inspected and examined by any person desiring to do so ....
...However, I find no evidence that a notice of injury form as described in s.
440.185 , F.S., was intended by the Legislature to be considered a medical record or report. Therefore, it is my opinion that a notice of injury form prepared and filed as required in s.
440.185 , F.S., is a public record pursuant to s.
119.07 (1), F.S., but is not a medical report or record which is confidential or exempt from disclosure pursuant to s.
119.07 (3)(a), F.S. Sincerely, Robert A. Butterworth Attorney General RAB/tgh 1 I would note that, pursuant to s.
119.07 (3)(x), F.S., formerly s.
119.07 (3)(y), F.S....
...440.185 (6), F.S., which provides that the reports required by this section may not be used as evidence of any fact stated therein except for medical reports which may be admitted in a proceeding at the discretion of a judge of 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....
CopyPublished | Supreme Court of Florida
that is currently confidential or exempt from section
119.07, Florida Statutes, and article I, section 24(a)
CopyPublished | Florida 3rd District Court of Appeal
...ANALYSIS AND DISCUSSION
All records held by DCF “concerning reports of child abandonment,
abuse, or neglect, . . . and all records generated as a result of such reports,
shall be kept confidential and exempt from the provisions of s. 119.07(1) and
shall not be disclosed except as specifically authorized by” chapter 39,
Florida Statutes....
...All information obtained pursuant to this part in the
discharge of official duty by any judge, employee of the court,
authorized agent of the department, correctional probation
officer, or law enforcement agent is confidential and exempt from
s. 119.07(1) and may not be disclosed to anyone other than the
authorized personnel of the court, the department and its
designees, correctional probation officers, law enforcement
agents, the guardian ad litem, criminal conflict and civil regional
counsels, and others entitled under this chapter to receive that
information, except upon order of the court.
2. a. The following information held by a guardian ad
litem is confidential and exempt from s. 119.07(1)
and s....
...Note that because the parental rights of the Former Parents had been
terminated at the time of this discovery request, they do not meet this
exception for disclosure of the confidential records.
5
In 2004, when this opinion was issued by our sister court, section
119.07(7)(a), Florida Statutes authorized the trial court to make public those
DCF records pertaining to investigations of alleged abuse if the court
determined that good cause existed for public access to the records....
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 2368, 1985 Fla. App. LEXIS 16423
...ilot for the port of Miami. In preparing his case, Spiva sought discovery of the grade reports of the three successful applicants. The Department refused to permit any discovery in regard to the grade reports, claiming privilege pursuant to sections
119.07 and
455.229, Florida Statutes. Section
119.07(1), Florida Statutes, requires custodians of public records to permit those records to be inspected and examined by any person making such a request....
...er by general or special law, are exempt from the provisions of (1). Section
455.229, Florida Statutes, provides: All information required by the department of any applicant shall be a public record and shall be open to public inspection pursuant to section
119.07, except financial information, examination questions, answers, papers, grades, and grading key, which shall not be discussed with or made accessible to anyone except members of the board, the department, and its staff who have a bona fide need to know such information. (Emphasis supplied). Thus, clearly, the grade reports which Spi-va sought to inspect are exempt from disclosure under the Public Records Act, pursuant to section
119.07(3)(a) and section
455.229, Florida Statutes....
CopyPublished | Florida 4th District Court of Appeal | 2001 Fla. App. LEXIS 14674, 2001 WL 1231482
...s (2000), until the investigation is complete: A complaint filed against a law enforcement officer ... and all information obtained pursuant to the investigation by the agency of such complaint shall be confidential and exempt from the provisions of s. 119.07(1) until the investigation ceases to be active, or until the agency head or the agency head’s desig-nee provides written notice to the officer who is the subject of the complaint, either personally or by mail, that the agency has either: 1....
...to the exemption of section
112.533(2). *1281 In addition, with respect to case no. 4D00-1043, the order denying the petition for writ of mandamus may be sustained both on the foregoing reasoning as well as the exemption from disclosure contained in section
119.07(3)....
...The grand jury had not indicted on the proposed felony charge. Appellant thereafter filed a petition for writ of mandamus to compel production of the records. The trial court denied the request, concluding that there was an active criminal investigation. Section 119.07(3) exempts from disclosure information in active criminal proceedings, including both active criminal intelligence information and investigative information. See § 119.07(3)(b), Fla. Stat. (2000). The statute also exempts investigative information that reveals the identity of the victim of child abuse or a victim of a lewd or lascivious offense who is less than 16 years of age. See § 119.07(3)(f), Fla....
CopyAgo (Fla. Att'y Gen. 1990).
Published | Florida Attorney General Reports
...Fred W. Baggett General Counsel Florida Association of Court Clerks Post Office Drawer 1838 Tallahassee, Florida 32302 Dear Mr. Baggett: On behalf of several clerks of the circuit court in this state, you ask substantially the following question: Does s. 119.07 (3)(z), F.S. (1990 Supp.), apply to judicial case files in which the identity of a victim of crime may be published? In sum, I am of the opinion that: Section 119.07 (3)(z), F.S. (1990 Supp.), does not apply to documents revealing the identity of a victim of crime which are contained in a court file not specifically closed by order of the court. Section 4, Ch. 90-211, Laws of Florida, added paragraph (aa) to s. 119.07 (3), F.S. Renumbered as s. 119.07 (3)(z), it provides: Any document which reveals the identity, home or employment telephone number, home or employment address, or personal assets of the victim of a crime and identifies that person as the victim of a crime, which document i...
...uch access in the furtherance of such agency's statutory duties, notwithstanding the provisions of this section. This exemption is subject to the Open Government Sunset Review Act in accordance with s. 119.14. (e.s.) This office recently stated that s. 119.07 (3)(z), F.S....
...nts is the act of filing such material with the clerk of the court. 3 Once filed with the clerk, such records, absent a statute or rule of court providing for their confidentiality or a court order closing such records, are open to the public. While s. 119.07 (3)(z), F.S. (1990 Supp.), provides for the confidentiality of documents revealing certain information relating to the victims of crime which are received by an agency which regularly receives information concerning crime victims, s. 119.07 (4), F.S., as amended by s....
...eal the identity of a person who is a victim of a sexual offense as provided in paragraph (h) of subsection (3). (e.s.) Subsection (4) does not exempt the documents described in paragraph (3)(z) from the public inspection and examination mandated by s. 119.07 (1), F.S., when such documents are contained in a record which has been made part of a court file which is not specifically closed by order of the court....
...ptions, that public records which are exempt from the disclosure requirements of Ch. 119 , F.S., lose their exempt status once they are made part of a court file and not specifically closed by order of a court. 5 Based upon the above and in light of s. 119.07 (4), F.S., as amended, I am of the opinion that s. 119.07 (3)(z), F.S....
...(1990 Supp.), does not apply to documents revealing the identity of a victim of crime which are contained in a court file not speci-fically closed by order of a court. 6 Such documents which are contained in a court file not closed by court order are not, with certain exceptions, 7 exempt from the disclosure pursuant to s. 119.07 (1), F.S....
...5 And see, AGO 84-81 which considered whether documents contained in court files under the custody of the clerk which included criminal investigative or intelligence information revealing the identity of the victim of the crime of sexual battery or of child abuse were exempt from disclosure. Section 119.07 (3)(h), F.S....
...(1984 Supp.), exempted criminal intelligence information or criminal investigative information which revealed the identity of the victim of the crime of sexual battery as defined in Ch. 794 , F.S., or the identity of the victim of the crime of child abuse as defined in Ch. 827 , F.S., from the provisions of s. 119.07 (1), F.S. Section 119.07 (4), F.S....
...been specifically closed by court order. This office thus concluded that such information contained in the court files and not specifically closed by court order was not excepted or exempted from the public disclosure and inspection requirements of s. 119.07 (1). Subsections (3)(h) and (4) of s. 119.07 were subsequently amended to specifically provide for the confidentiality of such information contained in court files....
...6 And see, Administrative Order No. 90-66, In and For the Courts of the First Judicial Circuit of the State of Florida, by Chief Judge John T. Parnham, dated October 5, 1990, which orders all clerks of the circuit and county courts in the First Judicial Circuit to comply with s. 119.07 , F.S., and that all public records remain open to public inspection unless otherwise closed by order of court. 7 See, s. 119.07 (4), F.S., as amended, providing that nothing therein shall open information made confidential or exempt from s. 119.07 (1), F.S., pursuant to s. 119.07 (3)(e), (f), (g), (m), (n) and (q), F.S., or records revealing the identity of a person who is a victim of a sexual offense as provided in s. 119.07 (3)(h), F.S., to disclosure even when such information is a part of a court file not specifically closed by court order.
CopyAgo (Fla. Att'y Gen. 1976).
Published | Florida Attorney General Reports
open for a personal inspection by any person." Section
119.07(1) and (2)(a), F. S., provides: (1) Every person
CopyAgo (Fla. Att'y Gen. 2002).
Published | Florida Attorney General Reports
The Honorable Frederick C. Brummer Representative, District 38 409 South Park Avenue Apopka, Florida 32703-5261 Dear Representative Brummer: You ask substantially the following question: Does section 119.07 (3)(ff)1., Florida Statutes, as created by Chapter 02-391, Laws of Florida, authorize the clerk of the court to permanently remove or obliterate from an original court record social security numbers or bank account, debit, charge or credit card numbers pursuant to a written request? In sum: Section 119.07 (3)(ff)1., Florida Statutes, as created by Chapter 02-391, Laws of Florida, does not authorize the clerk of the court to permanently remove or obliterate from an original court record social security numbers or bank account, debit, charge or credit card numbers pursuant to a written request. Section 2, Chapter 02-391, Laws of Florida, created section 119.07 (3)(ff)1., Florida Statutes, to provide: "Until January 1, 2006, if a social security number, made confidential and exempt pursuant to s. 119.072, created pursuant to CS/HB 1673 passed during the 2002 regular legislative session, or a complete bank account, debit, charge, or credit card number made exempt pursuant to s. 119.07 (ee)[sic], created pursuant to HB 1675 passed during the 2002 regular legislative session, is or has been included in a court file, such number may be included as part of the court record available for public inspection and copying unless r...
...A fee may not be charged for the redaction of a social security number or a bank account, debit, charge, or credit card number pursuant to such request." Committee Substitute for House Bill 1673, enacted as Chapter 02-256, Laws of Florida, created section 119.072, Florida Statutes, which, among other things, establishes an exemption for social security numbers held by an agency or its agents, employees or contractors....
...statute will normally control the interpretation of that statute, such a rule of statutory construction does not apply when it would produce an absurd result. 4 For example, in Attorney General Opinion 84-81, this office considered the provisions of section 119.07 (2)(a), Florida Statutes, which provide that a custodian asserting an exemption "shall delete or excise from the record only that portion of the record with respect to which an exemption has been asserted and validly applies, and such...
...mination." While a literal reading of the statute's language that confidential material be deleted or excised from the record might lead to the conclusion that the original document be physically altered, this office concluded that the provisions of section 119.07 (2)(a) "do not authorize, require or permit the custodian of court files to alter, mutilate, deface, destroy or partially destroy any record or part thereof contained in and made a part of any court file. . . . The custodian of such records may constitutionally accomplish the purposes of s. 119.07 (2)(a), F.S., as amended, by any reasonable method which maintains and preserves the integrity of such records or any portion thereof while allowing public disclosure and inspection of the nonexempted portion or portions of such records." 5...
...7 As you note in your letter, such information is essential to the respective agency's function and its obliteration from the records would undermine the agency's ability to carry on its functions and prevent access to that information by those entities otherwise authorized by law to access such information. For example, section 119.07 (7)(c), Florida Statutes, provides that when the court determines that good cause for public access exists, "the court shall direct that the department redact the name of and other identifying information with respect to any person ide...
...f the original records and redact the information from those copies. Moreover, reading section 2 of Chapter 02-391, Laws of Florida, as a whole indicates a legislative intent that original records are not to be permanently altered. The provisions of section 119.07 (3)(ff)1., Florida Statutes, as created by section 2, Chapter 02-391, Laws of Florida, are applicable "[u]ntil January 1, 2006." After that date, section 2 of Chapter 02-391, Laws of Florida, provides: "4. On January 1, 2006, and thereafter, the clerk of the court and the county recorder must keep complete bank account, debit, charge, and credit card numbers exempt as provided in s. 119.07 (3)(ee), and must keep social security numbers confidential and exempt as provided for in s. 119.072, without any person having to request redaction." Accordingly, the act provides that until January 1, 2006, the clerk is only required to redact such information when requested in writing by the holder of such number, or his or her attorney or legal guardian....
...information contained in court records created prior to January 1, 2006, while recognizing that subsequent to that date such information would be included in court records but treated as confidential. In light of the above, I am of the opinion that section 119.07 (3)(ff)1., Florida Statutes, as created by Chapter 02-391, Laws of Florida, does not authorize the clerk of the court to permanently remove or obliterate from an original court record social security numbers or bank account, debit, charge or credit card numbers pursuant to a written request. Sincerely, Robert A. Butterworth Attorney General RAB/tjw 1 Subsection (5) of s. 119.072, Fla....
...02-256, Laws of Florida, which required that if a final judgment, court order, or docket sheet contained a social security number, that number was to be contained on a separate page from the judgment, order or docket sheet, was repealed by s. 3, Ch. 02-391, Laws of Florida. And see, s. 119.07 (3)(ff)3., Fla. Stat., as created by s. 2, Ch. 02-391, Laws of Florida, which provides that upon the effective date of the act, s. 119.072(3) and (4), Fla....
CopyAgo (Fla. Att'y Gen. 1996).
Published | Florida Attorney General Reports
request from a victim of a crime enumerated in section
119.07(3)(s), Florida Statutes, does the exemption
CopyPublished | Florida 2nd District Court of Appeal | 2014 Fla. App. LEXIS 15246, 2014 WL 4851696
...were the subject of a public records request. Although after a de novo review I agree
that all of the content within the bodies of these emails is exempt from disclosure as
material prepared by an agency attorney in anticipation of imminent civil litigation, see
§ 119.071(1)(d)(1), Fla....
...(2012), I am unconvinced that some of the attachments to
1
The first email predated the time frame of AgroSource's request, and the
trial court found that email to be nonresponsive to the request.
-2-
the emails are exempt. See § 119.07(1)(d), Fla....
...Thereafter, AgroSource filed a broad public records request
and the Department provided many documents. The Department declined to provide
the emails on the ground that these documents were prepared by an agency attorney in
anticipation of imminent civil litigation. See § 119.071(1)(d)....
...and legal strategies." Without any access to the emails, AgroSource's attorneys
understandably were at a disadvantage when cross-examining the attorney.
Counsel for both parties recognized that the trial court would need to
conduct an in camera inspection, see § 119.07(1)(g), and at the end of the hearing the
trial court took the matter under advisement....
...Thereafter, the trial judge issued a
several-page order in which he indicated that he had conducted an in camera review of
the twenty-two email records. In the order, the trial court found that one of the emails
was not responsive to AgroSource's public records request and that the remaining
emails were exempt under section 119.071(1)(d)....
...e majority will not "second guess" the trial
court's review of the records.
I have applied a full de novo standard of review. While I have given
deference to the opinion of the Department's attorney that his emails are exempt under
section 119.071(1)(d), and I do not review that testimony for any issue of credibility, I
-6-
believe it is incumbent on this court to review all of these records to make our own
separate determinatio...
...litigation" has a factual
component, determining whether the content of each document entirely reflects "a
mental impression, conclusion, litigation strategy, or legal theory of the attorney or the
agency" is a mixed issue with a major legal component. § 119.071(1)(d)(1)....
...I
-7-
am not convinced that the deference shown to the trial court's determination in a death
penalty collateral review should apply in the context of public records sought prior to the
filing of civil litigation over a large public contract.
Section 119.07(1)(d) places the obligation to redact the part of a record
that is exempt upon the person in custody of the public record....
CopyAgo (Fla. Att'y Gen. 1998).
Published | Florida Attorney General Reports
...ls , to private communications with the city's attorney. This argument is fallacious. The city attorney furnishes legal assistance to council members in their official capacity, not as individual citizens ." 11 (e.s.) Thus, prior to the enactment of section 119.07 (3)(l), Florida Statutes, the courts did not recognize the attorney-client privilege between an attorney and a public entity, in light of the statutory requirement that public records be open....
...uties as city attorney and which communicate, perpetuate or formalize knowledge do constitute public records and as such are required to be turned over to her successor. Sincerely, Robert A. Butterworth Attorney General RAB/tjw 1 See, ss.
119.01 and
119.07 (1)(a), Fla....
CopyAgo (Fla. Att'y Gen. 1991).
Published | Florida Attorney General Reports
during the transaction of official business.1 Section
119.07(1), F.S. (1990 Supp.), establishes the public's
CopyAgo (Fla. Att'y Gen. 1991).
Published | Florida Attorney General Reports
interrelated, they will be answered together. Section
119.07(3)(d), F.S. (1990 Supp.), exempts active criminal
CopyAgo (Fla. Att'y Gen. 1990).
Published | Florida Attorney General Reports
The Honorable Ronald A. Silver Chairman, Committee on Criminal Justice Florida House of Representatives 18 House Office Building Tallahassee, Florida 32399-1300 Dear Representative Silver: You ask substantially the following question: Does s. 119.07 (3)(z), F.S. (1990 Supp.), exempt police reports and other records which are generated, as opposed to received by, a public agency? In sum, I am of the opinion: Section 119.07 (3)(z), F.S. (1990 Supp.), does not exempt police reports and other records which are generated by a public agency. Section 4, Ch. 90-211, Laws of Florida, added paragraph (aa) to s. 119.07 (3), F.S. Renumbered as s. 119.07 (3)(z), it provides: Any document which reveals the identity, home or employment telephone number, home or employment address, or personal assets of the victim of a crime and identifies that person as the victim of a crime, which document i...
...any provision of law shall be granted such access in the furtherance of such agency's statutory duties, notwithstanding the provisions of this section. This exemption is subject to the Open Government Sunset Review Act in accordance with s. 119.14. Section 119.07 (3)(z), F.S....
...egislature as expressed in the statute. 2 However, the intent of the Legislature is to be determined primarily from the language of the statute. 3 Thus, in determining the legislative intent, a court will look to the plain language of the statute. 4 Section 119.07 (3)(z), F.S. (1990 Supp.), provides that any document revealing certain victim information which is received by an agency that regularly receives information from or concerning crime victims is exempt from s. 119.07 (1), F.S....
...concerning victims of crime in carrying out its duties. A law enforcement agency, therefore, would appear to qualify as an "agency that regularly receives information from or concerning the victims of crime." I find nothing in the plain language of s. 119.07 (3)(z), F.S. (1990 Supp.), which limits the exemption contained therein to documents received by agencies such as the Bureau of Crimes Compensation and Victim Witness Services. The exemption contained in s. 119.07 (3)(z), F.S....
...made or received pursuant to law or ordinance or in connection with the transaction of official business by any agency." Had the term "made" and the term "received" been considered synonymous by the Legislature, there would have been no need to use both terms. 9 Moreover, s. 119.07 (3)(z), F.S. (1990 Supp.), does not refer to information received by the agency but to the document received by the agency which contains certain victim information. 10 It is, therefore, the document which is exempt from the provisions of s. 119.07 (1), F.S. Therefore, I am of the opinion that s. 119.07 (3)(z), F.S....
...Thatcher Glass Corporation,
445 So.2d 578 (Fla. 1984). 3 See, St. Petersburg Bank Trust Co. v. Hamm,
414 So.2d 1071 (Fla. 1982); S.R.G. Corporation v. Department of Revenue,
365 So.2d 687 (Fla. 1978). 4 Thayer v. State,
335 So.2d 815 (Fla. 1976). 5 See, s.
119.07 (1), F.S., which provides in part that every person who has custody of a public record shall permit the record to be inspected and examined by any person desiring to do so, at any reasonable time, under reasonable conditions, and under supervision by the custodian of the public record or his designee....
CopyAgo (Fla. Att'y Gen. 1985).
Published | Florida Attorney General Reports
nursing homes made by H.R.S. are public records). Section
119.07(1)(a) (1984 Supp.), as amended by s. 1, Ch
CopyPublished | Supreme Court of Florida
that is currently confidential or exempt from section
119.07, Florida Statutes, and article I, section 24(a)
CopyAgo (Fla. Att'y Gen. 2007).
Published | Florida Attorney General Reports
...to section
768.28 , Florida Statutes. Subsection 16(b) of the statute provides: " Claims files maintained by any risk management program administered by the state, its agencies, and its subdivisions are confidential and exempt from the provisions of s.
119.07 (1) and s....
...is not part of the cause of action. While the notice of a tort claim may contain information relevant to the claim, such as a discussion of the nature of the accident, it would not appear to constitute the type of information intended for exemption. Section 119.07 (1)(a), Florida Statutes, states that "[e]very 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 119.07 (1)(e), Florida Statutes, requires the person who has custody of a public record who contends that all or part of the record is exempt from inspection and copying to state the basis of the exemption that he or she contends is applicabl...
...2d 1092 (Fla. 2nd DCA 1995) (under doctrine of "noscitur a sociis" court examines other words used within string of concepts to derive legislature's overall intent). 5 See, e.g., Krischer v. D`Amato ,
674 So. 2d 909 , 911 (Fla. 4th DCA 1996). 6 See s.
119.071 (5)(a)3., Fla. Stat. (2006), providing: "Effective October 1, 2002, all social security numbers held by an agency are confidential and exempt from s.
119.07 (1) and s....
CopyAgo (Fla. Att'y Gen. 1996).
Published | Florida Attorney General Reports
disclosure provisions of section
119.07(1), Florida Statutes.8 Section
119.07(3)(i)1., Florida Statutes
CopyAgo (Fla. Att'y Gen. 2002).
Published | Florida Attorney General Reports
...00 Palm Beach, Florida 33480-4352 Dear Ms. Burden: On behalf of the Northern Palm Beach County Improvement District, you have asked for my opinion on the following question: In light of the passage of Chapter 2002-67 , Laws of Florida, which amended section 119.07 (3)(ee), Florida Statutes, to exempt building plans, specifications and other related documents from the Public Records Law, may a governmental entity waive this exemption or otherwise disclose and distribute these documents in order to comply with competitive bidding requirements? In sum: A governmental entity may disclose and distribute documents exempted by section 119.07 (3)(ee), Florida Statutes, such as building plans, blueprints, schematic drawings, and diagrams, in order to comply with statutory requirements for competitive negotiation or competitive bidding. However, as required by statute, the entities or persons receiving such information shall maintain the exempt status of the information. During the 2002 legislative session, section 119.07 (3), Florida Statutes, was amended to provide: "(ee) Building plans, blueprints, schematic drawings, and diagrams, including draft, preliminary, and final formats, which depict the internal layout and structural elements of a building,...
...re needs of the district. In order for a prospective bidder to appropriately respond to requests for proposal or requests for qualifications, these prospective bidders must review the bid documents, including those listed in the exemption adopted as section 119.07 (3)(ee), Florida Statutes....
...You are unsure whether the Northern Palm Beach County Improvement District may disclose and distribute bid documents to prospective bidders to comply with applicable competitive bidding requirements since these documents are within the scope of those covered by section 119.07 (3)(ee), Florida Statutes. Chapter 119 , Florida Statutes, Florida's Public Records Law, establishes a right of access to records of governmental agencies, and entities acting on their behalf, unless such records have been made confidential or exempt by statute. 1 Section 119.07 (3)(ee) exempts building plans, blueprints, schematic drawings, and diagrams of specified facilities and structures owned or operated by governmental agencies from public inspection and copying....
...ct, engineer, or contractor who is performing work on or related to" the building. The exemption does not prohibit the disclosure of this information; rather, the information is exempt from and not subject to the mandatory inspection requirements of section 119.07 (1), Florida Statutes, which would otherwise apply....
...To read the statute to deny governmental entities the authority to share these plans for purposes of competitive negotiation or competitive bidding would seriously limit the ability of government to undertake infrastructure building projects. I cannot read the language of section 119.07 (3)(ee), Florida Statutes, in so limited a fashion that local governments would be forced to choose between meeting their statutory obligations to competitively bid projects or complying with this statute....
...5 In the absence of a statutory or other legal duty to be accomplished by disclosure, an agency should consider whether the release of such information is consistent with the purpose of the exemption. Accordingly, I am of the opinion that a governmental entity may disclose and distribute documents exempted by section
119.07 (3)(ee), Florida Statutes, such as building plans, blueprints, schematic drawings, and diagrams, in order to comply with statutory requirements for competitive negotiation or competitive bidding. However, as required by statute, the entities or persons receiving such information shall maintain the exempt status of the information. 1 See, s.
119.011 (1) and (2), Fla. Stat., respectively, defining "Public records" and "Agency." And see, s.
119.07 (1)(a), Fla....
CopyAgo (Fla. Att'y Gen. 2002).
Published | Florida Attorney General Reports
substantially the following question: Under section
119.07(2)(a), Florida Statutes, may the county comply
CopyPublished | Florida 1st District Court of Appeal
...Hollywood Hills petitioned for mandamus relief to compel immediate production of the records and sought declaratory relief alleging that the Department had unlawfully withheld public records. An immediate hearing on the petition and complaint proceeded in the circuit court. See § 119.07(1)(g), Fla....
...For example, pursuant to section
382.008(6), Florida Statutes, subject to certain exceptions not applicable here, the Department may not disclose the cause of death on a death certificate. Additionally, the Department must redact the social security number of the deceased pursuant to section
119.071(5)(a)6., Florida Statutes, and the home addresses, phone numbers, and dates of birth of certain governmental employees, including law enforcement officers and firefighters pursuant to section
119.071(4)(d), Florida Statutes....
CopyAgo (Fla. Att'y Gen. 1986).
Published | Florida Attorney General Reports
inspection by any person. See, s.119.01(1), F.S. Section
119.07(1)(a), F.S., requires the custodian of a public
CopyPublished | Florida 1st District Court of Appeal
...court to modify the petition form. The supreme court rendered an
opinion stating that it was modifying the form “to allow a
petitioner for an injunction for protection against sexual violence
to furnish an address to the court in a separate confidential filing
pursuant to section 119.07(3)(s), Florida Statutes (2003), and to
allow a petitioner to include a law enforcement agency incident
report number in the petition as opposed to attaching the report to
the petition.” Amends....
CopyAgo (Fla. Att'y Gen. 1986).
Published | Florida Attorney General Reports
exempt from the provisions of s.119.07(1)(a). Section
119.07(3)(a), F.S. See, Wait v. Florida Power and
CopyPublished | Court of Appeals for the Eleventh Circuit
... Case: 17-14177 Date Filed: 11/21/2019 Page: 4 of 73
A. First Step: Public Records Requests
As its first step, CAFI would issue public records requests “on a grand
scale” to the Town, pursuant to Florida’s Public Records Act, Fla. Stat. § 119.07.
Id. at 444. Specifically, § 119.07 provides that a custodian of a public record, such
as the Town, (1) shall permit the record to be inspected and copied, at any
reasonable time, under reasonable conditions, (2) must acknowledge requests to
inspect or copy records promptly, and (3) must respond to such requests in good
faith. Fla. Stat. § 119.07(1)(a), (c).
As relevant here, CAFI sent the Town “nearly 2,000 public records
requests.” Gulf Stream, 654 F. App’x at 441–42. These public records requests
were deliberately vague and ambiguous in order to induce a violation of § 119.07.
See id....
...ecurity number.”
Id.
One of CAFI’s requests went to Wantman, a contractor of the Town. Id. at
442. Florida’s public records law applies also to private entities, such as
Wantman, that contract with government agencies. See Fla. Stat. § 119.0701.
4
Case: 17-14177 Date Filed: 11/21/2019 Page: 5 of 73
CAFI sent Wantman a public records request by e-mail, which directed that a
response be sent to this e-mail address: Vendor.Contract.Publishing@gmail.com.
Citizens Awareness Found., Inc....
CopyAgo (Fla. Att'y Gen. 2005).
Published | Florida Attorney General Reports
...ates as a protection of the department's revenue-generating ability rather than making such information confidential. Section
322.20 (8), Florida Statutes, however, recognizes that the department's ability to release records is otherwise governed by section
119.07 (6), Florida Statutes. Section
119.07 (6)(aa), Florida Statutes (2004), 2 states: "Personal information contained in a motor vehicle record that identifies the subject of that record is exempt from subsection (1) and s....
...In Attorney General Opinion 2004-54, this office recognized that personal information obtained from the department by a law enforcement agency pursuant to one of the enumerated approved uses would maintain its protected status. 4 In that opinion, a sheriff had asked whether the protections of section
119.07 (6)(aa), Florida Statutes, allowed the sheriff's office to exempt driver identification numbers and other identifying information that may be present in records of the sheriff's department. It was concluded that the plain language of section
119.07 (6)(aa), affects only personal information contained in a motor vehicle record and would not extend to the records of other public agencies. In this instance, while the list of names obtained from the Department of Highway Safety and Motor Vehicles is afforded the protections of section
119.07 (6)(aa) and section
322.20 (9), Florida Statutes, such protections do not extend to a jury list created by the clerk of the court pursuant to his or her duties under Chapter 40 , Florida Statutes....
...on. In Kever v. Gilliam, 6 the First District Court of Appeal was unable to find any basis for denying the release of names and addresses of the jurors who served in a trial. While the opinion does not specifically address the provisions in sections
119.07 (6) and
322.20 (9), Florida Statutes, the conclusion reached in the opinion is consistent with a finding that restrictions on the dissemination of personal information contained in those sections do not affect the disclosure of jurors names....
...Gilliam, it is my opinion that section
322.20 (9), Florida Statutes, does not operate to exempt from public disclosure jurors' names and addresses appearing on a jury list compiled by the clerk of court. Sincerely, Charlie Crist, Attorney General CC/tls 1 See s.
40.02 , Fla. Stat. 2 Effective October 1, 2005, s.
119.07 (6)(aa), Fla. Stat., is transferred, redesignated as subsection (2) of section
119.0712 , Fla....
CopyPublished | District Court of Appeal of Florida | 1996 Fla. App. LEXIS 12320, 1996 WL 670106
...rvice charge that the chief required for his staff to research records that were not on computer — an amount in excess of $4,000.00. An excessive charge could well serve to inhibit the pursuit of rights conferred by the Public Records Act. Because section 119.07(l)(b), Florida Statutes (1995), requires special service charges to be “reasonable,” the police chief should be required to explain in more detail the reason for the magnitude of the assessment....
CopyPublished | Florida 1st District Court of Appeal | 2001 Fla. App. LEXIS 15603, 2001 WL 1344080
...able excuse for failing to reply to appellant’s three public-records requests. After remand, the trial court found that the state attorney lawfully refused to provide copies of sexually explicit assault victim records to the petitioner pursuant to section 119.07(3)(f), Florida Statutes (1997), which exempts disclosure to protect the identity of the victim. 1 Therefore, the court denied the request for costs. The court also denied the request for production of three photographs of the victim because they “might be used to identify the victim,” contrary to the dictates of section 119.07(3)©....
...er court to supplement the record by transmitting the photographs under seal to this court, which has been done. Upon our review of them, we agree that there is no CSE supporting the trial court’s ruling denying production of the photographs under section 119.07(3)© on the ground that they “might be used to identify the victim.” The three photographs are close-up shots of the victim’s genital area; they depict human anatomy with no personally identifying mark or characteristic....
...identity of the victim of the crime” or “which may reveal the identity of a person who is a victim of any sexual offense.” If the legislature had intended to exempt all photographs of victims of sexual offenses, it could have easily said so in section 119.07(3)©. Based upon the language employed in section 119.07(3)©, we conclude the photographs are not exempt....
CopyPublished | Supreme Court of Florida | 2000 Fla. LEXIS 2556, 2000 WL 1637548
...NOTICE OF DELIVERY OF EXEMPT PUBLIC RECORDS TO RECORDS REPOSITORY TO: Records Repository [address of records repository] The undersigned, _[name of person or agency], hereby gives notice to the records repository of the Secretary of State that certain delivered records are confidential or exempt from the requirements of section 119.07(1), Florida Statutes....
CopyAgo (Fla. Att'y Gen. 1992).
Published | Florida Attorney General Reports
school board member maintain duplicate records. Section
119.07(1), F.S., states: Every person who has custody
CopyAgo (Fla. Att'y Gen. 2000).
Published | Florida Attorney General Reports
...ncy of a police internal affairs investigation concerning the same complaint? In sum: The confidentiality provisions of section
112.533 , Florida Statutes, do not exempt an inactive criminal investigative file from inspection and copying pursuant to section
119.07 , Florida Statutes, while an active internal affairs investigation is pending concerning the same complaint....
...3 Subsection (2) states: "(a) A complaint filed against a law enforcement officer or correctional officer with a law enforcement agency or correctional agency and all information obtained pursuant to the investigation by the agency of such complaint shall be confidential and exempt from the provisions of s. 119.07 (1) until the investigation ceases to be active, or until the agency head or the agency head's designee provides written notice to the officer who is the subject of the complaint, either personally or by mail, that the agency has either: 1....
...Concluded the investigation with a finding not to proceed with disciplinary action or to file charges; or 2. Concluded the investigation with a finding to proceed with disciplinary action or to file charges. * * * (b) This subsection does not apply to any public record which is exempt from public disclosure pursuant to s. 119.07 (3)....
...and ensuing investigation that may lead to disciplinary action, it does not cover information gathered during a criminal investigatory process such as criminal investigative or intelligence information. Protection for such information is provided by section 119.07 (3), Florida Statutes....
...However, once the investigation has concluded and is no longer "active," no exemption attaches to these records that would prevent inspection and copying of the state attorney's closed criminal investigative files. 9 While a determination must be made whether any specific exemption set forth in section 119.07 (3), Florida Statutes, may apply, there is no general provision for confidentiality of an entire record or file....
...10 For example, the state attorney's files may contain information revealing the identity of a confidential informant 11 or the home address of a law enforcement officer. 12 Such information must be deleted from the state attorney's investigative files before they are released for public inspection and copying under section
119.07 (1), Florida Statutes, but the exemption only applies to the specific information and the rest of the document must be made available. 13 Further, references to other criminal or internal investigations that may be ongoing and involve other individuals must be evaluated to determine whether release of such information would violate section
112.533 (4) or section
119.07 (3), Florida Statutes. Therefore, it is my opinion that the confidentiality provisions of section
112.533 , Florida Statutes, do not exempt an inactive criminal investigative file from inspection and copying pursuant to section
119.07 , Florida Statutes, while an active internal affairs investigation is pending concerning the same complaint....
...Stat., as a part of the investigation). 2 See, e.g., Op. Att'y Gen. Fla. 91-73 (1991). 3 Section
112.533 (1), Fla. Stat. 4 Section
112.533 (4), Fla. Stat. 5
579 So.2d 315 (Fla. 4th DCA 1991). 6 Id . at 318. 7 See, Op. Att'y Gen. Fla. 91-73 (1991). 8 Section
119.07 (3)(d), Fla....
...herwise made confidential; the statute allows an officer who is the subject of a complaint to have access to the complaint and written statements that would otherwise be confidential under s.
112.533 , Fla. Stat., as a part of the investigation). 11 Section
119.07 (3)(c), Fla. Stat. 12 Section
119.07 (3)(i)1., Fla. Stat. 13 Section
119.07 (2)(a), Fla....
CopyAgo (Fla. Att'y Gen. 1994).
Published | Florida Attorney General Reports
...2 The results of the DNA analysis and the comparison of analytic results may be released only to criminal justice agencies as defined in section
943.045 (10), Florida Statutes, at the request of the agency; otherwise such information is exempt from disclosure pursuant to section
119.07 (1), Florida Statutes and section 24 (a), Article I , Florida Constitution....
CopyAgo (Fla. Att'y Gen. 1996).
Published | Florida Attorney General Reports
. relating to probable cause" pursuant to section
119.07(3)(p), Florida Statutes, at which time records
CopyAgo (Fla. Att'y Gen. 2000).
Published | Florida Attorney General Reports
...ts received by such agency from any person. Pursuant to section
112.533 (2)(a), Florida Statutes, complaints filed against such officers and all information obtained during the agency's investigation of the complaint are confidential and exempt from section
119.07 (1), Florida Statutes, until the investigation ceases to be active or until the officer receives written notice that the agency has: 1) concluded the investigation with a finding not to proceed with disciplinary action or to file charg...
CopyAgo (Fla. Att'y Gen. 1991).
Published | Florida Attorney General Reports
unit shall be confidential and are exempt from section
119.07(1), Florida Statutes (1985)."8 In News-Press
CopyAgo (Fla. Att'y Gen. 2001).
Published | Florida Attorney General Reports
...care based on termination of insurance, or for filing inaccurate insurance claims to obtain greater fees than would have been obtained for the actual service provided. 4 All patient records obtained by the department are confidential and exempt from section 119.07 (1), Florida Statutes, and may only be used in the investigation, prosecution, and appeal of disciplinary proceedings....
...a subpoena issued by a court of competent jurisdiction. See , s.
395.3025 (4)(c)-(k), Fla. Stat. See also , s.
395.3025 (8), Fla. Stat., providing that "[p]atient records at hospitals and ambulatory surgical centers are exempt from disclosure under s.
119.07 (1), except as provided by subsections (1)-(5)."
CopyPublished | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 4482, 1991 WL 77659
...s not apply and granted the writ. Saying that section 119.-07, Fla.Stat. (Supp.1990), provides for an in camera inspection of certain specified kinds of documents, the court later found that the requested documents were not of the kinds specified in section 119.07....
...ection (2) of §
112.533 may be applicable and prevent disclosure before a conclusion of the investigation and the issuance of a formal finding by the employing agency. On the other hand, if the complaint generates documents of the kind described in section
119.07(3), Fla.Stat....
...(Supp.1990), then it appears that the 45-day inactivity presumption may not be applicable, and the agency seems to have more control over whether the investigation is deemed active and its *318 documents are thus unavailable to the public. There is, however, no assertion of section 119.07(3) documents in this case....
...The pertinent text of the statutory exemption is as follows: A complaint filed against a law enforcement officer * * * and all information obtained pursuant to the investigation by the agency of such complaint shall be confidential and exempt from the provisions of s. 119.07(1) until the investigation ceases to be active or until the agency head or his designee provides written notice to the officer who is the subject of the complaint [that the investigation has been concluded], ....
CopyAgo (Fla. Att'y Gen. 1992).
Published | Florida Attorney General Reports
a personal inspection by any person. (e.s.) Section
119.07(1)(a), F.S., establishes the right of access
CopyAgo (Fla. Att'y Gen. 2008).
Published | Florida Attorney General Reports
section119.071(4)(d), Florida Statutes (previously section
119.07(3)(k), Florida Statutes) constitutes an exemption
CopyAgo (Fla. Att'y Gen. 1987).
Published | Florida Attorney General Reports
CopyAgo (Fla. Att'y Gen. 1987).
Published | Florida Attorney General Reports
...ds. See, AGO's 77-141 (copies of letters or other documents received by a mayor of a municipality in his official capacity are public records); 73-336 (written complaints to H.R.S., Division of Health, officials or investigators are public records). Section 119.07 (1)(a), F.S....
...ich are expressly exempted by general or special law are exempt from disclosure under Ch. 119. Wait v. Florida Power Light Co.,
372 So.2d 420 , 425 (Fla. 1979). As a result, all public records are subject to inspection and examination as required by s.
119.07 (1) unless a specific statutory provision exempts the records from public disclosure. Should the custodian of a public record contend that all or part of the record is exempt from inspection, he must state the basis for exemption, including the statutory citation to an exemption created or afforded by statute. Section
119.07 (2)(a), F.S....
CopyPublished | District Court of Appeal of Florida | 1984 Fla. App. LEXIS 13381
...Patterson, Chief Judge of the Sixth Judicial Circuit. We vacate the order because we conclude that it does not properly provide for administration of Chapter 83-286, Laws of Florida, which it purports to implement. The 1983 legislature enacted Chapter 83-286 as an amendment to section 119.07, Florida Statutes, which provides for inspection and examination of public records, subject to certain exemptions....
...ess lists exchanged pursuant to the provisions of Rule 3.220, Florida Rules of Criminal Procedure, is exempt from the provisions of subsection (1), until such time as the charge is finally determined by adjudication, dismissal, or other disposition. § 119.07(3)(m), Fla.Stat....
...83-104 RE: EXEMPTION OF STATEMENTS AND WITNESS LISTS FROM PUBLIC RECORDS LAW This matter coming before the Court for establishment of procedures for exemption of confessions and witness lists in criminal cases from the public records of law, pursuant to the provisions of Section 119.07, Florida Statutes, as amended by Chapter 83-286, Laws of Florida, effective October 1, 1983, it is therefore ORDERED: 1....
...Thus, while we perceive some deficiencies in the order’s implementation of the statute, we do not find that its content or intent encroaches on the supreme court’s rule-making authority. Turning to the administrative order, we first observe that Chapter 83-286 also amended section 119.07(2)(b) to provide that [i]n any action in which an exemption is asserted pursuant to ......
...2613 ,
73 L.Ed.2d 248 (1982). Yet, as Judge Grimes pointed out in News-Press Publishing Co.: “There must be compelling reasons before some or all of the records of a court proceeding may be sealed.”
345 So.2d at 867 . Measured by the statutory scheme set out in sections
119.07(2)(b) and (3)(m) and the standards previously announced by the courts, we find the administrative order invalid for several reasons....
...the substance of a “confession” or information relating to witness lists exchanged pursuant to Florida Rule of Criminal Procedure 3.220. Most importantly, the order effectively eliminates any procedure for an in camera inspection as mandated by section 119.07(2)(b)....
CopyAgo (Fla. Att'y Gen. 1992).
Published | Florida Attorney General Reports
...otecting such rights. Therefore, I am of the opinion that plans received by the City of Jacksonville prior to 1967 and subsequently transferred to the Jacksonville Electric Authority, are subject to the provisions of Ch. 119 , F.S. AS TO QUESTION 2: Section 119.07 (1), F.S., requires the custodian of public records to permit the inspection and copying of such records by any person desiring to do so, at reasonable times, under reasonable conditions, and under the supervision of the custodian of the records....
...n received by the JEA. However, the release of such information may well be necessary for the JEA to renovate the station and, thus, under Williams, the disclosure of such information absent a request to inspect would be permissible. As noted above, s. 119.07 , F.S., requires an agency to release public records which are not made confidential or exempt from disclosure by statute....
...ating to all state, county and municipal records; providing definitions . . .;" thus tracking the language of s.
119.01 which provides that all state, county and municipal records are open for inspection. 6
493 So.2d 1027 , 1028 (Fla. 1986). 7 See , s.
119.07 (3)(a), F.S....
...Section 119.14 was first enacted in 1984 by s. 8, Ch. 84-298, Laws of Florida; subsection (4)(e) was added when the statute was rewritten in 1985 by s. 1, Ch. 85-301, Laws of Florida. Chapter 688 , F.S., was enacted in 1988 by Ch. 88-254, Laws of Florida. 13 See , e.g ., s. 119.07 (3)*q), F.S....
CopyPublished | Florida 2nd District Court of Appeal
submitted a public records request to the PSO under section
119.07, Florida Statutes (2021), seeking several categories
CopyAgo (Fla. Att'y Gen. 2008).
Published | Florida Attorney General Reports
Dear Mr. Wahlen: On behalf of the School Board of Leon County, you ask the following question: Must the school board disclose information exempt from public inspection and copying under section
119.071 (4)(d)1., Florida Statutes, to the certified bargaining representative of persons in a defined "bargaining unit" under section
447.203 (8), Florida Statutes? You indicate that the school board has configured its electronic information...
...individuals in one of the school board's bargaining units and has asked for the home addresses, telephone numbers and places of employment of employees who are in the bargaining unit and are the spouses of active or former law enforcement personnel. Section 119.071 (4)(d)1., Florida Statutes, provides: "The home addresses, telephone numbers, social security numbers, and photographs of active or former law enforcement personnel ....
...the home addresses, telephone numbers, social security numbers, photographs, and places of employment of the spouses and children of such personnel; and the names and locations of schools and day care facilities attended by the children of such personnel are exempt from s. 119.07 (1). . . ." This office has recognized that section 119.071 (4)(d)1., Florida Statutes, constitutes an exemption to the mandatory disclosure requirements of section 119.07 (1)(a), Florida Statutes, for certain information relating to current or former law enforcement personnel, their spouses and families....
...distinction between the two terms was clearly recognized: "[T]hus exempt information could be revealed at the discretion of the agency." 3 In Attorney General's Opinion 90-50, this office addressed the issue of when information exempted pursuant to section 119.071 (4)(d)1., Florida Statutes may be released by an agency....
...on is consistent with the purpose of the exemption. 4 The FEA has presented several opinions from the Florida Public Employees Relations Commission (PERC) as well as the National Labor Relations Board in support of its position that the exemption in section 119.071 (4)(d)1., Florida Statutes, does not affect its entitlement to the requested information....
...5) days after the date of approval of a Consent Election Agreement, or the date of the Commission order ordering an election, except that such a list shall provide the work address rather than the home address of law enforcement personnel covered by Section 119.07 (3)(k), F.S....
...Public Employees Relations Commission , as well as the recognition of the protected nature of the home address of law enforcement personnel in Rule 60CC-2.002 (1), Florida Administrative Code, supports the conclusion that the school board is not required to disclose information exempt from public inspection and copying under section 119.071 (4)(d)1., Florida Statutes, to the certified bargaining representative. Accordingly, it is my opinion that the home addresses and other protected personal information of the spouses of law enforcement personnel who are employed by the school board are exempt from disclosure under section 119.071 (4)(d)1., Florida Statutes, and the school board is not required to report such information to the bargaining representative....
...5
937 So. 2d 226 (Fla. 3rd DCA 2006). 6 8 FPER 13324 (1982). (PERC declined to require City to provide all requested information, but directed it to offer material which did not reveal test questions or jeopardize the confidentiality of test-takers). 7 Section
119.07 (3)(k), Fla. Stat. (1979), has been amended and renumbered as s.
119.071 (4)(d), Fla....
CopyAgo (Fla. Att'y Gen. 1997).
Published | Florida Attorney General Reports
confidential or exempt from the provisions in section
119.07(1), Florida Statutes, based on the child's
CopyAgo (Fla. Att'y Gen. 2002).
Published | Florida Attorney General Reports
...sh for its services. The district is the custodian of its public records and, upon request, must produce such records for inspection and copy such records at the statutorily prescribed fee. Sincerely, Robert A. Butterworth Attorney General RAB/tgh 1 Section 119.07 (1)(a), Fla. Stat. The statute defines "actual cost of duplication" to mean the cost of the material and supplies used to duplicate the record, but it does not include the labor cost or overhead cost associated with such duplication. However, s. 119.07 (1)(b), Fla....
CopyAgo (Fla. Att'y Gen. 1977).
Published | Florida Attorney General Reports
...g the requirements of Ch. 120. SUMMARY: Pursuant to s.
106.25 (1), F. S., all complaints received by the Elections Commission and all relevant reports and recommendations are made confidential and, thus, exempted from the operation of ss.
119.01 and
119.07 (1), F....
...106.25 , F. S., must be read with reference to Ch. 119, F. S., the Public Records Law. Section
119.01 specifically declares that it is the public policy of Florida that all state records shall be open at all times to anyone for personal inspection. Section
119.07 (1) requires any custodian of public records to permit any person desiring to do so inspect and examine such records at any reasonable time, under reasonable conditions, and under supervision of the custodian. However, s.
119.07 (2)(a) provides that `[a]ll public records which presently are provided by law to be confidential or which are prohibited from being inspected by the public, whether by general or special law, shall be exempt from the provision of subsection (1).' Hence, by virtue of s.
119.07 (2)(a), the complaint and other material relevant to the commission's hearings on alleged Ch. 106 violations are made confidential and are exempt from the mandatory inspection provisions of ss.
119.01 and
119.07 (1) until such time as they are declared `public records' by the Department of State....
CopyPublished | Florida 5th District Court of Appeal | 2012 WL 4335080, 2012 Fla. App. LEXIS 7986
...Hewlings sought mandamus relief under Florida’s public records statutes. “It is the policy of this state that all state, county and municipal records shall at all times be open for a personal inspection and copying by any person.”
119.01(1), Fla. Stat. (2010). Section
119.07 authorizes all persons to inspect and copy public records. The Fourth District has construed section
119.07 as meaning that “[i]t is the obligation of the custodian of public records ......
CopyPublished | Supreme Court of Florida | 25 Fla. L. Weekly Supp. 395, 2000 Fla. LEXIS 2566, 2000 WL 718451
...iction process and eliminate unnecessary delay, the Court hereby proposes the attached amendments to Florida Rules of Criminal Procedure 3.851, 3.852, and 3.993 in light of the continuing exemptions to public records production contained in sections 119.07(3)(b) and (3)(1), Florida Statutes (1999)....
...time for filing an initial motion for postconviction relief until one year after the judgment and sentence of death become final. The original proposed amendment to rule 3.852 is altered to: (1) require records that are exempt from production under section 119.07(3)(b) or (3)Q) to be delivered to the clerk of court in a separate container, the outside of which must specifically identify the sections under which the records are exempt, and (2) provide for the unsealing and the forwarding of thos...
...defendant for postconviction litigation. (5) “Agency” and “person” mean an entity or individual as defined in section
119.011(2), Florida Statutes (1-997), that is subject to the requirements of producing public records for inspection under section
119.07(l)(a), Florida Statutes-(1997)....
...on collateral counsel (fg) Exempt or Confidential Public Records. (1) Records Delivered to Clerk of Court. Any public records delivered to the records repository pursuantsubject to these rules that are confidential or exempt from the requirements of section 119.07(1), Florida Statutes, or article I, section 24(a), Florida Constitution, must be separately contained, without being redacted, and *520 sealed....
...and that the seal may not be broken without an order of the trial court. The outside of the container must identify the nature of the public records and the legal basis for the exemption. Records that are exempt from public records production under section 119.07(3)(b) or (3)(l), Florida Statutes, must be delivered to the clerk of court in a separate container, the outside of which must specifically identify the section(s) under which the records are exempt....
...(3) After Mandate Issues on Direct Appeal. Within 30 days after the filing of the notice of mandate on direct appeal by the attorney general, the trial court shall issue an order unsealing all records that were identified as being exempt from public records production under sections 119.07(3)(b) or (3)(1), Florida Statutes, and the clerk of court shall forward the records to the records repository....
...Any public records that are the subject of this notice but which are confidential or exempt must be separately contained, without being redacted, sealed and delivered to the Clerk of the Circuit Court of the Judicial Circuit, in and for County, Florida, Records that are exempt under section 119.07(3)(b) or (3)(l), Florida Statutes, must be delivered to the clerk of court in a separate container, the outside of which must specifically identify the section(s) under which they are exempt....
...ssession, except for those *528 previously filed in the trial court or furnished to collateral counsel, which are pertinent to this case; and 2. Provide written notice to me that you have complied with these provisions. Records that are exempt under section 119.07(3)(b) or (3)(l), Florida Statutes, must be delivered to the clerk of court in a separate container, the outside of which must specifically identify the section(s) under which they are exempt....
...repositoryclerk of court] The undersigned, _[name of person or agency], hereby gives notice te-the records repository-of-the-Secretary of Stat-e--that -certain- - deliveredthat certain records that are confidential or exempt from the requirements of section 119.07(1), Florida Statutes have been delivered to you. These public records have been separately contained, without being redacted, have been sealed, and the nature of the public records and the legal basis under which the public records are exempt have been identified. Records that are exempt under section 119.07(3)(b) or (3)(l), Florida Statutes, have been delivered to the clerk of court in a separate container, the outside of which specifically identifies the section(s) under which they are exempt....
...eath sentence in this case. Florida Rule of Criminal Procedure 3.852(g)(3) requires that, within 30 days after the filing of this notice, records that were delivered to the clerk of court and identified as exempt from public records production under section 119.07(3)(b) or *532 (3)(Q, Florida Statutes, must be unsealed and forwarded to the records repository....
CopyAgo (Fla. Att'y Gen. 1996).
Published | Florida Attorney General Reports
been made confidential or exempt by statute.1 Section
119.07(3)(b), exempts active criminal investigative
CopyPublished | Florida 3rd District Court of Appeal | 1980 Fla. App. LEXIS 16179
open for a personal inspection by any person. Section
119.07, Florida Statutes (1977), in pertinent part
CopyPublished | District Court of Appeal of Florida | 14 Fla. L. Weekly 1174, 1989 Fla. App. LEXIS 2715, 1989 WL 49621
WENTWORTH, Judge. Appellant seeks review of an order which granted appellee’s motion for summary judgment and denied appellant’s petition for mandamus to compel the production of certain records. We affirm on the basis that the provisions of section 119.07(l)(a), Florida Statutes, regarding the inspection and examination of public records do not apply to examination answer sheets, which are exempted under section 119.07(3)(c), Florida Statutes....
...nts’ answers “per se,” but rather included “summary responses ... interpretations of what the applicant had said.” Counsel presented argument as to whether the edited material constitutes examination answers exempted from the provisions of section 119.07(l)(a). The court granted summary judgment for appellee, subsequently entering an order preserving *837 appellant’s right to review his own examination, but denying the petition for a writ of mandamus. Section 119.07(l)(a) establishes the right of public inspection and entitlement to copies of public records. However, section 119.07(3)(c) provides an exemption from the provisions of subsection (1) for: Examination questions and answer sheets of examinations administered ......
...The ratings sheets here in question were prepared in connection with an assessment process for the purpose of selecting applicants for employment as a lieutenant. Although appellant was already employed as a sergeant, this assessment for promotion is within the employment process as contemplated by section 119.07(3)(c), and the oral questioning of appellant constitutes an examination under section 119.07(3)(c)....
...Although expressing some dispute as to the substance of the deleted material, appellant characterized the issue as essentially one of law and maintained that the ratings sheets are public records in their entirety. After insuring that appellant was allowed to review his own completed examination as provided by section 119.07(3)(c), the court engaged in discussion with counsel as to whether the remainder of the documents would be subject to discovery should appellee file a discrimination action. The possibility of discovery should not govern whether the documents are characterized as public records subject to inspection under section 119.07....
CopyPublished | Supreme Court of Florida
...through (c)(67) of this rule;
(B) Except as provided by court order, the clerk of
the court shallmust maintain as confidential information subject to
subdivision (c)(78) or (c)(89) of this rule that is currently confidential
or exempt from section 119.07, Florida Statutes, and article I,
section 24(a) of the Florida Constitution as specifically stated in any
of the following statutes or as they may be amended or renumbered:
(i)-(ii) [No Change]
(iii) Social Security, bank account, charge,
debit, and credit card numbers. § 119.0714(1)(i)–(j), (2)(a)–(e), Fla.
Stat. (Unless redaction is requested pursuant tounder §
119.0714(2), Fla....
...If the request is
denied, the custodian shallmust state in writing the basis for the
denial.
(3) Fees for copies of records in all entities in the
judicial branch of government, except for copies of court records,
shallmust be the same as those provided in section 119.07, Florida
Statutes.
Committee Note
1995 Amendment....
CopyAgo (Fla. Att'y Gen. 1990).
Published | Florida Attorney General Reports
...3 As stated in the act, "[a]ll 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, are exempt" from the mandatory inspection and copying provisions of s. 119.07 , F.S....
...sions in Ch. 119 , F.S. The department or the auditor, however, may wish to seek legislative clarification regarding this matter. Sincerely, Robert A. Butterworth Attorney 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
119.07 (3)(a), F.S....
CopyPublished | District Court of Appeal of Florida | 1990 Fla. App. LEXIS 1411, 1990 WL 20390
...custody of a public record shall permit the record to be inspected and examined by any person desiring to do so and then codified certain exemptions. Members of the House of Representatives are not exempted. The relevant portions of sections
119.01,
119.07(l)(a), and
119.011, quoted above, were enacted long before the 1985 legislative session enacted section 119.14(2), a section dealing with the legislative review of exemptions to the public records act, in which the legislature incidently state...
...clusions that the “state officers” referred to in the basic public records law includes, but is not limited to, members of the legislature. The legislature has not included its members within the exemptions to the public records act contained in section 119.07, Florida Statutes, where an exemption could be clearly and easily expressed if a session of the legislature desired to exclude members of the legislature from the inclusive language of the basic public records law....
CopyAgo (Fla. Att'y Gen. 1989).
Published | Florida Attorney General Reports
CopyPublished | Florida 4th District Court of Appeal | 2003 Fla. App. LEXIS 2591, 2003 WL 729181
...We affirm the order denying appellant’s petition for writ of mandamus without prejudice to refile his petition within thirty (30) days. The revised petition shall in- *356 elude copies of all correspondence substantiating appellant’s prior written requests and entitlement to the requested records under section 119.07, Florida Statutes (2002)....
CopyPublished | Supreme Court of Florida
...documents, transcripts, recordings of cases, and any other information that could
be used to identify a minor who has petitioned the court for a judicial waiver of
parental notice of and consent to or waiver of consent to termination of pregnancy
is confidential and exempt from section 119.07(1), Florida Statutes, and section
24(a), Article I, of the State Constitution.
(b) [No Change]
- 11 -
FORM 8.987....
CopyAgo (Fla. Att'y Gen. 1977).
Published | Florida Attorney General Reports
...(1976 Supp.), i.e ., the rendering and publication of advisory opinions establishing standards of public duties under part III of Ch. 112, F. S., are clearly public records within the contemplation of s.
119.011 . Cf . ss.
112.322 (2)(c) and (d), F. S. (1976 Supp.),
112.3146 , and
112.324 , F. S. Section
119.07 (1), F....
...S., requires that every person having custody of public records permit any person to inspect and examine public records at reasonable times, under reasonable conditions, and under supervision by the custodian of the records, unless exempted from the provisions of ss.
119.01 and
119.07 (1), F. S., by the terms of s.
119.07 (2), F....
...ential or to specifically exempt any document or record made or received by the commission in the course of rendering advisory opinions to public officers, candidates for public office, or public employees from the mandatory inspection provisions of s. 119.07 (1), F....
...S., and Gannett Co., Inc. v. Goldtrap,
302 So.2d 174 (2 D.C.A. Fla., 1974); Caswell v. Manhattan Fire Marine Insurance Co.,
399 F.2d 417 (5th Cir. 1968). The question is then presented as to whether s.
112.322 (3)(a) constitutes an implied exception to s.
119.07 (1), F. S., so as to exempt such documents from the operation of s.
119.01 and s.
119.07 (1), F....
...utes enacted for the public's benefit, such as those relating to open public meetings or records, are entitled to a liberal construction in favor of the public; in the instant case, to person inspection by any member of the public in accordance with s. 119.07 (1), F....
...112.322 (3)(a) appears to be addressed to the publication of anonymous opinions by the commission in those cases where the person requesting the opinion has not consented to the use of his or her name, this purpose should not be expanded by implication to exclude from ss.
119.01 and
119.07 (1) other documents contained in the files of the commission but not specifically mentioned at s....
...Section
112.322 (3)(a) is addressed only to the publication of advisory opinions and to no other documents or records. Since no other statute has been found which exempts documents and records in the advisory opinion files of the commission from s.
119.01 and s.
119.07 (1), or limits public access thereto, or makes such documents and such files confidential, your question must, therefore, be answered in the affirmative....
CopyPublished | Supreme Court of Florida | 38 Fla. L. Weekly Supp. 199, 2013 WL 1234993, 2013 Fla. LEXIS 543
...The following information shall be maintained as confidential: (A) information described by any of subdivisions (c)(1) through (c)(6) of this rule; and (B) except as provided by court order, information subject to subdivision (c)(7) or (c)(8) of this rule that is currently confidential or exempt from section 119.07, Florida Statutes, and article I, section 24(a) of the Florida Constitution uncieras specifically stated in any of the following statutes or court rules as they may be amended or renumbered: (i) Chapter 39 records relating to dependenc...
...rights, guardians ad litem, child abuse, neglect, and abandonment. §§_39.0132(3),
39.0132(4)(a), Fla. Stat. (ii) Adoption records. §
63.162, Fla. Stat. (iii) Social Security, bank account, charge, debit, and credit card numbers in court records. §
119.0714(1)©-(j), (2)(a)-(e), Fla. Stat. (Unless redaction is requested pursuant to §_
119.0714(2), Fla....
...(xi) Estate inventories and account-ings: §
733.604(1), Fla. Stat. (xii) The victim’s address in a domestic violence action on petitioner’s request. §
741.30(3)(b), Fla. Stat. (xiii) Protected iinformation identif-yingregarding victims of child abuse or sexual offenses-including child sexual-abuse. §§
119.071(2)(h),
119.0714(l)(h), Fla....
...— If the request is denied, the-custodian shall state in writing the basis for the denial; (3) Fees for copies of records in all entities in-the judicial branch of government, except for copies-of court records, shall -be -the same as^ those -provided in section 119.07⅜ Flor-ida Statutes -(2001-).- (i) Sanctions....
...If the request is denied, the custodian shall state in writing the basis for the denial. (3) Fees for copies of records in all entities in the .judicial branch of government, except for copies of court records, shall be the same as those provided in section 119.07, Florida Statutes....
...§
63.162, Fkh-Statr(lf the document is filed within a Chapter 63-adoption case, this form-ls not required^ ..Social-Security, bank account-,- charge, debit, and credit card -numbers in court records: ⅞ U9.Q7-14(-l-)(-i-)-(j), (2)(a) (e), Fla. Stat.-(-Uttless redaction-is requested pursuant to ⅜
119.07 H(2), this information-is exempt-oniy-as of Jonuary-l-rZOll.) -HIV-test rosults-nnd-patient identity within the HIV test results....
...Ftor-Stat.- -Estate inventories-and-accountings.-⅝-7-3⅝⅛04(1), Fla. Stat. :-⅜⅛⅛-⅜-address in domestic ■ violence- notion on petitioner’s request. — §■
741.30(3)(b), Fla. Stat. :-Information idcntifying-victims of sexual offenses, including child sexual abuse. §H19.071(2)(h),
119.0714(l)(h), Fla....
CopyAgo (Fla. Att'y Gen. 1978).
Published | Florida Attorney General Reports
...n, 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 . (Emphasis supplied.) Section 119.07 (1), F....
CopyAgo (Fla. Att'y Gen. 2003).
Published | Florida Attorney General Reports
...rgaining agent must be in compliance with section
286.011 , Florida Statutes. However, all work products developed by the public employer in preparation for negotiations and during negotiations are made confidential and exempt from the provisions of section
119.07 (1), Florida Statutes....
CopyPublished | Florida 1st District Court of Appeal | 2016 Fla. App. LEXIS 4696, 2016 WL 1169970
PER CURIAM. AFFIRMED. See Wait v. Fla. Power & Light Co.,
372 So.2d 420, 424 (Fla.1979) (holding that public records exemptions are limited to those provided by statute); §
119.07(l)(e), Fla....
CopyAgo (Fla. Att'y Gen. 2004).
Published | Florida Attorney General Reports
for inspection by any person.1 Pursuant to section
119.07(1)(a), Florida Statutes, every person having
CopyPublished | District Court, S.D. Florida | 2005 U.S. Dist. LEXIS 14376, 2005 WL 1220645
...t to speech. In short, Langlois is unable to establish that his speech is constitutionally protected, and the City is therefore entitled to summary judgment on Langlois' claim for violation of the First Amendment. C. The City Has Violated Fla. Stat. § 119.07 Pursuant to Fla. Stat. § 119.07, the City is required to allow certain public records to be inspected by members of the public....
...More specifically, 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. See Fla. Stat. § 119.07(1)(a)....
...Since the City actually admits that it did not comply with the strict requirements of the Florida public records law, without providing any legal justification for its lack of compliance (including any argument as to whether the record is a "public record"), the Court must find that the City has violated Fla. Stat. § 119.07....
...Although the City states that it refrained from providing Langlois with Lt. Ray's personnel information because it thought that Langlois was a threat to Lt. Ray, it has cited to no statute or case law suggesting that it was justified in that regard. Moreover, the Fla. Stat. § 119.07(1)(b) states that, [a] person who has custody of a public record who asserts that an exemption applies to a part of such record shall redact that portion of the record to which an exemption has been asserted and validly applies, and such person shall produce the remainder of such record for inspection and copying. Therefore, if the City believed that Lt. Ray's personnel information was exempt from disclosure for a statutory reason this reason should have been disclosed. Specifically, Fla. Stat. § 119.07(1)(c) provides that, If the person who has custody of a public record contends that all or part of the record is exempt from inspection and copying, he or she shall state the basis of the exemption that he or she contends is applicable to the record, including the statutory citation to an exemption created or afforded by statute. Since the City has failed to identify the statutory basis for any exemption from § 119.07, or for the withholding of the requested information [21] , this Court finds *1247 that summary judgment for Langlois is appropriate on Counts III & IV....
...union members in grievance proceedings and other matters, and for complaining that the rules and regulations were not being applied fairly [21] The Court notes that the City did not respond or in any way address the issue of its alleged violation of § 119.07 in its Memorandum of Law in Opposition to Plaintiff's Motion for Partial Summary Judgement or in Defendant's Memorandum of Law in Support of Motion for Summary Judgment. Furthermore, the City admits that it violated the strict terms of § 119.07....
...[22] The Court recognizes that there are certain public records that are exempted, such as the home addresses, telephone numbers, social security numbers of active or former law enforcement personnel, and that there are also exemptions that apply to firefighters. See Fla. Stat. § 119.07(4)(i). The City, however, fails to explain how or why Lt. Ray's personnel file would be exempt under the circumstances of this case as required by Fla. Stat. 119.07(1)(e).
CopyPublished | Florida 4th District Court of Appeal | 2005 Fla. App. LEXIS 3884, 2005 WL 662711
...exempt the information received from appellant from public disclosure, it would not disturb the agency’s decision. This was error. Appellant argues on appeal that the trial court erred in failing to direct the state to withhold his identity under section 119.07(3)(c), Florida Statutes (2008), as a “confidential source.” *883 Section 119.07(3)(c), Florida Statutes (2003), provides: “Any information revealing the identity of a confidential informant or a confidential source is exempt from the provisions of subsection (1) and s....
...Appellant acknowledges that there is no definition, nor are there any criteria as to how an individual is designated a “confidential source,” but argues that based on the facts presented, he had a reasonable expectation of being assured confidentiality and thus falls within the ambit of section 119.07(3)(c)....
CopyAgo (Fla. Att'y Gen. 2000).
Published | Florida Attorney General Reports
...s agencies, or its subdivisions, which relate solely to the evaluation of claims filed with the risk management program or which relate solely to offers of compromise of claims filed with the risk management program are exempt from the provisions of s. 119.07 (1) and s....
...anagement aspect of the tort claim being litigated or settled may attend such meetings without jeopardizing the confidentiality provisions of the statute. Public Records Law Section
768.28 (15)(d), Florida Statutes, provides a limited exemption from section
119.07 (1), Florida Statutes, and s....
...empt from the Public Records Law so long as those meetings relate solely to the evaluation of claims filed with the risk management program or relate solely to offers of compromise of claims filed with the risk management program. The exemption from section 119.07 (1), Florida Statutes, is effective until termination of all litigation and settlement of all claims arising out of the same incident....
CopyAgo (Fla. Att'y Gen. 1998).
Published | Florida Attorney General Reports
so provided. For example, the Legislature in section
119.07(3)(l)1., Florida Statutes, clearly indicated
CopyPublished | Florida 5th District Court of Appeal
PER CURIAM. We affirm the dismissal of Appellant's petition for writ of mandamus seeking records pursuant to section 119.07, Florida Statutes (2018), because Appellant's argument on appeal necessarily relies on subsequent facts that were not raised in the petition below....
CopyPublished | Florida 5th District Court of Appeal
PER CURIAM. We affirm the dismissal of Appellant's petition for writ of mandamus seeking records pursuant to section 119.07, Florida Statutes (2018), because Appellant's argument on appeal necessarily relies on subsequent facts that were not raised in the petition below....
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 706, 1985 Fla. App. LEXIS 12968
...Appellant News-Press Publishing Company petitioned the trial court for a writ of mandamus, seeking access to reports and related documents compiled by appellee as a result of an internal investigation. The only issue in the case is whether the documents constituted “active criminal investigative information” pursuant to section 119.07(3)(d)....
...The trial court heard the cause four days before the grand jury was scheduled to convene. At the hearing, the parties stipulated to the facts above. No testimony was taken and no request for any “in camera” inspection of the documents was made. See § 119.07(2)(b)....
...mpliance with the Public Records Law. Cf, Tribune Co. v. Cannella,
438 So.2d 516 (Fla. 2d DCA 1983). 4. The subject documents are public records, pursuant to Section
112.533(2)(a) Fla.Stats. (1983)_ See, Section 112.-533(2)(b), Fla.Stats. (1983). 5. Section
119.07(3)(d), Fla.Stats., exempts from public inspection “active criminal investigative information,” as such terms are defined in such Act....
...y State Attorney and the convening of the Highlands County Grand Jury in the very near future to consider such incident, the subject documents constitute “active criminal investigative information,” and are therefore exempt from inspection under Section 119.07(l)(a) Fla.Stats....
CopyAgo (Fla. Att'y Gen. 2009).
Published | Florida Attorney General Reports
CopyAgo (Fla. Att'y Gen. 2001).
Published | Florida Attorney General Reports
complaint are confidential and exempt from section
119.07(1), Florida Statutes, until the investigation
CopyAgo (Fla. Att'y Gen. 1980).
Published | Florida Attorney General Reports
...ies as a member of the fire department and received and kept by the municipal fire department of the City of Belleair Bluffs are public records and are subject to inspection, examination, and copying by any person desiring to do so as prescribed in ss. 119.07 (1) and 119.08....
...quire as to whether the fire department's rescue report, and the `medical information' contained therein, is a public record within the purview of ch. 119, F. S., subject to inspection and examination by any person desiring to do so as prescribed by s.
119.07 (1). Florida's Public Records Law, ch. 119, F. S., makes all state, county, and municipal records open to personal inspection by any person. Section
119.01 . See also s.
119.07 (1), requiring the custodian of public records to permit the inspection and examination of such records by any person desiring to do so, at reasonable times, under reasonable conditions, and under the supervision of the custodian of the records....
...Thus, any report or record made or received by the municipal fire department pursuant to law or ordinance or in connection with the transaction of the fire department's official business is a public record open for personal inspection by any person desiring to do so, unless exempted therefrom pursuant to s. 119.07 (3)....
...utes of its meetings, and its charitable activities, were public records within the purview of the Public Records Law. The custodian of such records is required to furnish copies or certified copies of the records upon payment of fees as provided in s. 119.07 (1)(a). See also s. 119.07 (1)(b), as to the imposition of additional fees for supervisory assistance when the nature or volume of the records is such as to require extensive clerical or supervisory assistance by personnel of the affected agency, and s....
...records and in connection with the official business of the fire department. It thus appears that such rescue reports and the `medical information' facially appearing thereon would be a public record within the purview of s.
119.011 (1), F.S. Under s.
119.07 (1), F. S., such records are subject to disclosure as prescribed therein. Section
119.07 (3), however, provides a limited exception to the provisions of s.
119.07 (1) by stating that `[a]ll 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, shall be exempt from the provisions of subsection (1).' (Emphasis supplied.) See s.
119.07 (3)(b), which lists several such statutory exemptions. The Florida Supreme Court in Wait v. Florida Power Light Co.,
372 So.2d 420 (Fla. 1979), directly construed s.
119.07 (3) (then s.
119.07 (2)), and held that the language `provided by law' contained therein `excludes any judicially created privilege of confidentiality and exempts from public disclosure only those public records that are provided by statutory law to be confide...
...I therefore cannot conclude that the foregoing provisions of ch. 405 impart any confidentiality to the records kept by the fire department or otherwise exempt the information on the fire department's rescue report or records from the personal inspection and examination requirements of s.
119.07 (1), F. S., or the state policy declared in s.
119.01 , F. S. No provision of ch. 405 purports to exempt any record, particularly the fire department rescue reports in question, from ss.
119.01 and
119.07 (1)....
...City of Boca Raton,
353 So.2d 1194 (4 D.C.A. Fla., 1977). Thus, there does not appear to be any exemption in general law (and no special law providing for any such exemption has been brought to my attention) from the personal inspection, examination, and copying provisions of ss.
119.01 ,
119.07 , and 119.08, F....
CopyPublished | Florida 3rd District Court of Appeal
...to law or ordinance or
in connection with the transaction of official business by any agency.” §
119.011(12), Fla. Stat. Records custodians are required to furnish such
records for inspection and copying “by any person desiring to do so.” §
119.07(1)(a), Fla....
CopyAgo (Fla. Att'y Gen. 1989).
Published | Florida Attorney General Reports
...xempt from the disclosure provisions of Ch. 119 , F.S. 2 Section
455.225 (9), F.S. (1988 Supp.), provides: The complaint and all information obtained pursuant to the investigation by the [D]epartment [of Professional Regulation] shall be exempt from s.
119.07 until 10 days after probable cause has been found to exist by the probable cause panel or by the department, or until the regulated professional or subject of the investigation waives his privilege of confidentiality, whichever occurs first....
....; provided, however, the patient record obtained by the department pursuant to this subsection shall be used solely for the purpose of the department and board in disciplinary proceedings. The record shall otherwise be sealed and shall not be available to the public pursuant to the provisions of s. 119.07 or any other statute providing access to public records....
...The department, therefore, may wish to seek legislation to amend the provisions of s. 455.255, F.S. (1988 Supp.), to permit law enforcement and other regulatory agencies access to these records. Sincerely, Robert A. Butterworth Attorney General RAB/tjw 1 Section 119.07 (1), F.S. 2 Section 119.07 (3)(a), F.S....
...act with the Department shall convey knowledge or information to any person who is not lawfully entitled to such knowledge or information about any public record which at the time such knowledge or information is conveyed is exempt from s.
119.01 or s.
119.07 (1), F.S....
CopyPublished | District Court of Appeal of Florida | 1987 Fla. App. LEXIS 8725, 12 Fla. L. Weekly 1424
...ittee as being guilty of “laundering” drug money in the Caribbean. Plaintiff’s counsel then attempted to secure the information by moving to compel answers on deposition, which disclosure was successfully resisted under the Public Records Act, section 119.07(3)(d), Florida Statutes....
...Certiorari taken from that order by the plaintiff was denied by this court. Thereafter, the trial court revisited this matter pursuant to the television station’s notice of taking deposition duces tecum and the appellant’s objections thereto which again raised section 119.07(3)(d), Florida Statutes (1983)....
...which they would like the trial court to consider when making its in camera inspection. This request was complied with by both parties. After in camera inspection of the documents the trial court found the documents in question were not protected by Section 119.07(3)(d), Florida Statutes (1983) and ordered their release pursuant to the television station’s subpoena duces tecum....
CopyPublished | Supreme Court of Florida
...through (c)(6) of this rule;
(B) Except as provided by court order, the clerk of
the court shallmust maintain as confidential information subject to
subdivision (c)(7) or (c)(8) of this rule that is currently confidential
or exempt from section 119.07, Florida Statutes, and article I,
section 24(a) of the Florida Constitution as specifically stated in any
of the following statutes or as they may be amended or renumbered:
(i)-(ii) [No Change]
(iii) Social Security, bank account, charge,
debit, and credit card numbers. § 119.0714(1)(i)–(j), (2)(a)–(e), Fla.
Stat. (Unless redaction is requested pursuant tounder §
119.0714(2), Fla....
...If the request is
denied, the custodian shallmust state in writing the basis for the
denial.
(3) Fees for copies of records in all entities in the
judicial branch of government, except for copies of court records,
shallmust be the same as those provided in section 119.07, Florida
Statutes.
Committee Note
1995 Amendment....
CopyAgo (Fla. Att'y Gen. 1988).
Published | Florida Attorney General Reports
...sent or former employees of CCR? 2. Are documents furnished by the Office of the Capital Collateral Representative to the Florida Department of Law Enforcement in the course of a criminal investigation by FDLE public records or are they exempt under s. 119.07 (3)(d), F.S.? In summary, it is my opinion that: 1....
...Records compiled and maintained by the Office of the Capital Collateral Representative and supplied to the Florida Department of Law Enforcement in the course of a criminal investigation by FDLE are public records subject to inspection if such records are not exempt pursuant to s. 119.07 (3)(d), F.S., while in the custody of CCR; the exemption set forth in s. 119.07 (3)(d), F.S., cannot be conferred by transferring such records to FDLE....
...y of the judgment and sentence imposed against such person. 3 It is the general policy of this state, as expressed in the Public Records Law, Ch. 119 , F.S., that all state, county, and municipal records shall be open for inspection by any person. 4 Section 119.07 (1)(a), F.S., requires the custodian of a public record to permit the record to be inspected and examined by any person who desires to do so, at reasonable times, under reasonable conditions, and under the supervision of the custodian....
...application of the statute and states that "[a]ll 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, are exempt from the provisions of [s. 119.07 (1)]." 6 The Supreme Court of Florida has directly construed this section and held that the language "provided by law" contained in the statute "excludes any judicially created privilege of confidentiality and exempts from public disclosure...
...o be confidential or which are expressly exempted by general or special law." 7 This section provides more specifically that "[a]ctive criminal intelligence information and active criminal investigative information are exempt from the provisions of [s. 119.07 (1)]." 8 "Criminal intelligence information" is statutorily defined as information regarding an identifiable person or group of persons which is collected by a criminal justice agency in an effort to anticipate, prevent, or monitor possible criminal activity....
...The records at issue here were apparently compiled and are maintained by the Office of the Capital Collateral Representative and no assertion has been made that, in your custody, these records constitute criminal investigative or intelligence information or are otherwise exempt from production under s. 119.07 (1), F.S....
...hould be liberally construed. Based on the foregoing, it is my opinion that public records compiled by the Office of the Capital Collateral Representative are not converted into criminal investigative or intelligence information which is exempt from s. 119.07 (1), F.S., by the transfer of such records or copies thereof to the Florida Department of Law Enforcement. Therefore, unless some exemption from the Public Records Law attaches to such records as they are maintained by CCR, the provisions of s. 119.07 (1), F.S., regarding production and copying would apply....
...3 Section
27.702 , F.S. 4 See, s.
119.01 (1), F.S. 5 See, s.
119.011 (1), F.S., which defines a public record to include all documents or other material made or received pursuant to law or in connection with the transaction of official business. 6 Section
119.07 (3)(a), F.S. 7 Wait v. Florida Power and Light Company,
372 So.2d 420 , 424-425 (Fla. 1979). 8 Section
119.07 (3)(d), F.S....
CopyAgo (Fla. Att'y Gen. 2003).
Published | Florida Attorney General Reports
...uals for voting systems that are supplied to the Department of State, Bureau of Voting Systems Certification, pursuant to the Florida Voting Systems Standards and Chapter 101 , Florida Statutes, public records subject to inspection and copying under section
119.07 (1), Florida Statutes? Section
101.017 , Florida Statutes, creates a Bureau of Voting Systems Certification (bureau) within the Division of Elections (division) of the Department of State....
...14 It has generally been the position of this office that nondisclosure of records that would otherwise be public under state law may be effected only when there is an absolute conflict between state and federal disclosure provisions. 15 While Florida law would permit the disclosure of the maintenance manuals pursuant to section 119.07 (1)(a), Florida Statutes, for both inspection and copying purposes, federal law limits only the copying of these materials....
...Sincerely, Charlie Crist Attorney General CC/tgh 1 Section
101.015 (1)(a)-(e), Fla. Stat. 2 See , Form DS-DE-101, eff. 4/02, p. 9. 3 Id . at p. 11. 4 Form DS-DE-101, supra , at p. 44. 5 Id. 6 Form DS-DE-101, supra , at n. 4. 7 Section
119.01 , Fla. Stat., and s.
119.07 (1)(a), Fla....
CopyPublished | Florida 4th District Court of Appeal | 2002 Fla. App. LEXIS 8165, 2002 WL 1174577
...atutes. Under that authority we grant mandamus and direct the trial court to hold such a hearing and determine if plaintiffs request to éx-amine defendant’s records at defendant’s offices should be granted, and if so, under what conditions. See § 119.07(l)(a) and (b)....
CopyAgo (Fla. Att'y Gen. 1999).
Published | Florida Attorney General Reports
CopyAgo (Fla. Att'y Gen. 1997).
Published | Florida Attorney General Reports
...electronic format other than the standard format routinely maintained by the district. However, if the district elects to provide such records in a different format, the costs of converting the information shall be borne by the requestor pursuant to section 119.07 (1)(b), Florida Statutes (1996 Supplement)....
...f a public record in a medium not routinely used by the agency or if it elects to compile information not routinely developed or maintained by the agency or that requires a substantial amount of manipulation or programming must be in accordance with s. 119.07 (1)(b)." 9 (e.s.) The above statute requires an agency to provide a copy of the record in the requested format only if the agency maintains the record in that format....
...omputers. Pursuant to subsection (5), if the agency elects to provide a copy of the record in a medium not routinely used by the agency or if it requires a substantial amount of manipulation or programing, the fee to be imposed is that prescribed in section 119.07 (1)(b), Florida Statutes (1996 Supplement)....
...electronic format other than the standard format routinely maintained by the district. However, if the district elects to provide such records in a different format, the costs of converting the information shall be borne by the requestor pursuant to section 119.07 (1)(b), Florida Statutes (1996 Supplement)....
...the public official responsible for maintaining the public records. Access by the use of a specially designed program prepared by or at the expense of the applicant may obviously be permitted in the discretion of the public official and pursuant to Section 119.07 (1)....
...ch exempt items; or (3) for any reason the form in which the information is proffered does not fairly and meaningfully represent the records; or (4) the court determines other exceptional circumstances exist warranting this special remedy." 10 See , s. 119.07 (1)(b), Fla....
CopyPublished | District Court of Appeal of Florida | 14 Fla. L. Weekly 1581, 16 Media L. Rep. (BNA) 2495, 1989 Fla. App. LEXIS 3675, 1989 WL 72099
...In these consolidated appeals, Wells and Schaub seek review of a final judgment entered June 23, 1987, by Judge Logan determining that certain investigative files of the offices of the sheriff and state attorney were inactive and therefore subject to inspection. See §§
119.011(1),
119.07(l)(a), Fla.Stat....
...n of securing an arrest or prosecution in the foreseeable future” on each of the dates the Herald-Tribune made demand that they be disclosed. §
119.011(3)(d)(2), Fla.Stat. (1988 Supp.). Therefore, the files were exempt from disclosure pursuant to section
119.07(3)(d), Florida Statutes (1988 Supp.), and the final judgment of June 23, 1987, is reversed....
CopyAgo (Fla. Att'y Gen. 1994).
Published | Florida Attorney General Reports
...Law contains no express exemption for such information. However, the city should be sensitive to section
112.08 (7), Florida Statutes, which clearly provides that medical records of these employees are confidential and exempt from the provisions of section
119.07 (1), Florida Statutes....
...In general, the rule regarding personnel records is the same as for other public records. That is, unless the Legislature has expressly exempted an agency's personnel records from disclosure or has authorized the agency to adopt rules limiting access to such records, personnel records are subject to public inspection under section 119.07 (1), Florida Statutes....
...uld prove embarrassing or unpleasant for the employee. 8 Further, an agency is not authorized to maintain personnel records of its employees under two headings, one open and one confidential, in the absence of statutory authorization. 9 In contrast, section 119.07 (3)(x), Florida Statutes, authorizes the maintenance of separate files containing information relating to the medical condition or medical status of state employees or water management district employees if that information is not relevant to the capacity of the employee to perform his or her duties. 10 The statute also makes these records exempt from disclosure. 11 Therefore, it is my opinion that personnel records of municipal firefighters are public records subject to disclosure under section 119.07 (1), Florida Statutes, and, in the absence of any statutory exemption for consent forms and records of disciplinary action relating to drug testing on city firefighters, the City of St....
...This statute provides for certain types of drug testing and authorizes such testing of employees by any "person or entity that employs a person and that is covered by the Workers' Compensation Law." Section
440.102 (8), Florida Statutes, provides that: The provisions of s.
119.07 to the contrary notwithstanding: (a) All information, interviews, reports, statements, memoranda, and drug test results, written or otherwise, received by the employer through a drug testing program are confidential communications and may n...
...nty or municipal employees, former county or municipal employees, or eligible dependents of such employees enrolled in a county or municipal group insurance plan or self-insurance plan shall be kept confidential and are exempt from the provisions of s. 119.07 (1)....
CopyAgo (Fla. Att'y Gen. 1990).
Published | Florida Attorney General Reports
07(3)(k), F.S.? In sum, I am of the opinion: 1. Section
119.07(3)(k), F.S., does not prohibit a telephone
CopyPublished | Supreme Court of Florida
...This
amendment is in response to newly enacted section
394.464, Florida Statutes,
which makes such Baker Act records confidential. See ch. 2019-51, §§ 1-2, Laws
of Fla. (creating §
394.464 (Court records; confidentiality), Fla. Stat., effective July
1, 2019).
In response to the addition of subsection 3 to section
119.0714(1)(k), Florida
Statutes (2018), the Court adds new subdivision (xxiii) to rule 2.420(d)(1)(B)....
...affidavits, notice of hearing, and temporary injunction until the respondent has
been personally served with a copy of the petition for injunction, affidavits, notice
of hearing, and temporary injunction.” See ch. 2019-39, §§ 1, 3, Laws of Fla.
(amending § 119.0714(1)(k), Fla....
...The following information shall
be maintained as confidential:
(A) [No Change]
(B) except as provided by court order, information subject to
subdivision (c)(7) or (c)(8) of this rule that is currently confidential or exempt from
section 119.07, Florida Statutes, and article I, section 24(a) of the Florida
Constitution as specifically stated in any of the following statutes or as they may
be amended or renumbered:
(i) – (vii) [No Change]...
...iolence, stalking, or cyberstalking, and
any affidavits, notice of hearing, and temporary injunction until the respondent has
been personally served with a copy of the petition for injunction, affidavits, notice
of hearing, and temporary injunction. § 119.0714(1)(k)3., Fla....
CopyAgo (Fla. Att'y Gen. 1985).
Published | Florida Attorney General Reports
...rsonal information contained therein, without the written consent of the pupil's or student's parent or guardian, or of the pupil or student himself if he is qualified as provided in this subsection, to any individual, agency, or organization. . . . Section 119.07 (3)(b), F.S. (1984 Supp.), exempts those public records referred to in s 228.093 from the disclosure and inspection requirements of s 119.07 (1)....
CopyAgo (Fla. Att'y Gen. 2005).
Published | Florida Attorney General Reports
...the parties to the instrument. The clerk shall maintain a general alphabetical index, direct and inverse, of all instruments filed for record. The register of Official Records must be available at each office where official records may be filed." 1 Section 119.0721(1), Florida Statutes, however, provides that effective October 1, 2002, all social security numbers held by an agency or its agents, employees, or contractors are confidential and exempt from section 119.07 (1), Florida Statutes, and section 24 (a), Article I , Florida Constitution. 2 The exemption applies to all social security numbers held by an agency and its agents, employees, or contractors before, on, or after the effective date of this exemption. Specifically addressing a county's Official Records, section 119.0721(5), Florida Statutes, provides: "(a) On or after October 1, 2002, no person preparing or filing a document to be recorded in the official records by the county recorder as provided for in chapter 28 may include any person's social security number in that document, unless otherwise expressly required by law....
...d in person, to the county recorder. The request must specify the identification page number that contains the social security number to be redacted. No fee will be charged for the redaction of a social security number pursuant to such a request." 4 Section 119.07 (6)(gg)4, Florida Statutes, provides that on January 1, 2006, and thereafter, the clerk of the circuit court and the county recorder "must keep social security numbers confidential and exempt as provided for in s. 119.0721, without any person having to request redaction ." (e.s.) Thus, the statutes provide that a document to be recorded in a county's Official Records may not contain a person's social security number unless otherwise expressly required by law....
...that would treat the recording of such records in a different manner. As noted above, section
28.222 , Florida Statutes, recognizes the authority of the clerk to record in the Official Records certain federal documents. 7 The provisions of sections
119.07 (6)(gg), Florida Statutes, and
119.0721, Florida Statutes, clearly relate to the recording of documents in the Official Records; no exception from the provisions of those statutes is recognized for federal records being recorded....
...Stat., defining "Official records" as "each instrument that the clerk of the circuit court is required or authorized to record in one general series called `Official Records' as provided for in s.
28.222." See also s.
28.2221 , Fla. Stat., providing for electronic access to official records. 2 Section
119.07 (1), Fla....
...asonable conditions, and under supervision by the custodian; Art. I , s. 24 (a), Fla. Const., establishes a right to inspect or copy a public record except records exempted pursuant to that section or made confidential by the Constitution. 3 And see s. 119.07 (6)(gg)2., Fla....
...Stat., which similarly provides that any person who prepares or files a document to be recorded in the official records by the county recorder as provided in chapter 28 may not include a person's social security number in that document unless otherwise expressly required by law. Cf. s. 119.0721(8), Fla....
...Family Law, the Florida Rules of Juvenile Procedure, or the Florida Probate Rules, and provides for the removal of records specified in the subsection on a publicly available Internet website. 5 See Op. Att'y Gen. Fla. 02-69 (2002), concluding that s. 119.07 (3)(ff)1., Fla. Stat. 2002 [now s. 119.07 (6)(gg)1., Fla....
CopyPublished | District Court of Appeal of Florida | 1994 Fla. App. LEXIS 6175, 1994 WL 277896
...ms and projects it finances by gifts, grants, contract or loans. See also EHM v. National Railroad Passenger Corporation,
732 F.2d 1250 (5th Cir.1984). The Housing Authority has the burden of proving that an exemption applies in this ease. Fla.Stat. §
119.07(2) provides: A person who has custody of a public record and who asserts that an exemption provided in subsection (3) or in a general or special law applies to a particular public record or part of such record shall delete or excise from th...
...business. Further, in Forsberg v. The Housing Authority of the City of Miami Beach,
455 So.2d 373 (Fla.1984), the Florida Supreme Court held in a similar case that: While certain records are statutorily exempted from the public’s right to inspect, section
119.07, our examination of the statutes has brought to light no exemption pertaining to the records involved in this appeal....
CopyPublished | District Court of Appeal of Florida | 1994 Fla. App. LEXIS 6009
...The legislature reacted to Wait by codifying the police secrets rule into the Act as an exemption for “active criminal intelligence information” and “active criminal investigative information.” See Ch. 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 1...
...y State Attorney and the convening of the Highlands County Grand Jury in the very near future to consider such incident, the subject documents constitute “active criminal investigative information,” and are therefore exempt from inspection under Section 119.07(l)(a) Fla....
CopyAgo (Fla. Att'y Gen. 1990).
Published | Florida Attorney General Reports
the disclosure provisions of Ch. 119, F.S. Section
119.07(3)(d), F.S., provides that "[a]ctive criminal
CopyAgo (Fla. Att'y Gen. 1994).
Published | Florida Attorney General Reports
are exempt from the disclosure provisions of section
119.07(1), Florida Statutes.8 As discussed in Question
CopyAgo (Fla. Att'y Gen. 1980).
Published | Florida Attorney General Reports
pertinent to your inquiry. Section119.011(2). Section
119.07(1), F. S., sets forth the specific duties of
CopyAgo (Fla. Att'y Gen. 1995).
Published | Florida Attorney General Reports
confidential and exempt from the provisions of section
119.07(1)." (e.s.) An examination of the legislative
CopyAgo (Fla. Att'y Gen. 2009).
Published | Florida Attorney General Reports
confidential and exempt from the provisions of section
119.07(1), Florida Statutes? In sum: The entire record
CopyAgo (Fla. Att'y Gen. 2006).
Published | Florida Attorney General Reports
part of case files of a judicial proceeding. Section
119.07(1), Florida Statutes, makes "public records"
CopyAgo (Fla. Att'y Gen. 1994).
Published | Florida Attorney General Reports
...That is, unless the Legislature has expressly exempted an agency's personnel records from disclosure or authorized an agency or public entity to limit access to such records, personnel records of public employees are subject to public inspection under section 119.07 (1), Florida Statutes....
...statutory authorization. 2 As this office determined in Attorney General Opinion 73-51, an agency is not authorized to maintain its personnel records of its employees under two headings, one open and one confidential, absent statutory authorization. Section 119.07 (1)(a), Florida Statutes, in pertinent part, provides: Every person who has custody of a public record shall permit the record to be inspected and examined by any person desiring to do so, at any reasonable time, under reasonable condi...
...Wisher: 8 No policy of the state protects a public employee from the embarrassment which results from his or her public employer's discussion or action on the employee's failure to perform his or her duties properly. 9 The Legislature has authorized the maintenance of separate files for certain employees. Section 119.07 (3)(x), Florida Statutes, authorizes the maintenance of separate files containing information relating to the medical condition or medical status of state employees or water management district employees if that information is not relevant to the capacity of the employee to perform his or her duties....
CopyPublished | Florida 4th District Court of Appeal | 2012 WL 2122185, 2012 Fla. App. LEXIS 9589
...ef, see Fla. R.App. P. 9.030(c)(3), and has the power to review its clerk’s ministerial acts, see generally Clayton v. State,
849 So.2d 461 (Fla. 2d DCA 2003), this court transferred that petition to the circuit court for further proceedings under section
119.07, Florida Statutes....
...filed an inquiry with the circuit court requesting the new lower tribunal case number for the transferred petition, but the clerk had not responded. He asked this court to compel the circuit court to enforce the order and to rule on his claim under section 119.07 without further delay....
CopyAgo (Fla. Att'y Gen. 2008).
Published | Florida Attorney General Reports
substantially the following question: Pursuant to section
119.07(1), Florida Statutes, is a list of law enforcement
CopyAgo (Fla. Att'y Gen. 1988).
Published | Florida Attorney General Reports
...Subsequent information supplied to this office reveals that the private company is willing to copy the microfilmed records at the storage facility. The company which maintains the microfilm, however, will only provide duplicates at a set fee and is unwilling to allow copying of the microfilm by the private company. Section 119.07 (1)(a), F.S., provides, in pertinent part, as follows: Every person who has custody of a public record shall permit the record to be inspected and examined by any person 1 desiring to do so, at any reasonable time, under reasonable con...
CopyAgo (Fla. Att'y Gen. 2005).
Published | Florida Attorney General Reports
...ublic and store such information electronically? Question One It is the policy of this state that all state, county, and municipal records are open for personal inspection by any person. Providing access to public records is a duty of each agency. 1 Section 119.07 (1), Florida Statutes, provides in part: "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 unde...
...mandatory at the local as well as the state level and does not vest any discretion in local agencies to alter, change, or place conditions upon the statute's provisions. 4 With respect to permitting inspection of public records or furnishing copies, section 119.07 (4), Florida Statutes, provides that the custodian of public records shall furnish a copy or a certified copy of the record upon payment of the fee prescribed by law. If a fee is not prescribed by law, section 119.07 (4)(a) authorizes the following fees: "(a)1....
...Up to 15 cents per one-sided copy for duplicated copies of not more than 14 inches by 8½ inches; 2. No more than an additional 5 cents for each two-sided copy[.]" 5 For other copies, the charge is limited to the actual cost of duplication of the record. 6 In addition, section 119.07 (4)(d), Florida Statutes, authorizes the imposition of a special service charge when the nature or volume of public records to be inspected or copied is such as to require extensive use of information technology resources or extensive clerical or supervisory assistance, or both....
...85-19 (1985), concluding that, even though the field of public records is preempted to the state, the Public Records Law would not preclude a unit of local government from establishing a set fee for duplication of public records, as long as the set fee reflects the fee authorized in Ch. 119. 5 And see s. 119.07 (4)(c), Fla....
...Stat., defines "Duplicating" as "the process of reproducing an image or images from an original to a final substrate through the electrophotographic, xerographic, laser, or offset process or any combination of these processes, by which an operator can make more than one copy without rehandling the original." 6 Section 119.07 (4)(a)3., Fla....
...And see s.
119.011 (1), Fla. Stat., defining "Actual cost of duplication" to mean " the cost of the material and supplies used to duplicate the public record, but does not include labor cost or overhead cost associated with such duplication." 7 See s.
119.07 (4)(d), Fla....
...90-10 (1990) (municipality or other political subdivision may not prescribe a fee for certified copies of public records different than the actual cost of duplication, absent specific statutory authority), 84-03 (1984) and 76-34 (1976). 10 Compare s. 119.07 (2)(c), Fla....
CopyAgo (Fla. Att'y Gen. 1995).
Published | Florida Attorney General Reports
Mr. Daniel S. McIntyre St. Lucie County Attorney 2300 Virginia Avenue Third Floor Administrative Annex Fort Pierce, Florida 34982-5652 Dear Mr. McIntyre: You ask substantially the following question: Does section 119.07 (1)(a), Florida Statutes, which sets forth the fees that may be imposed for copying public records, apply to the duplication of copyrighted materials contained in a county law library when such reproduction is permissible under the federal copyright law? In sum: Section 119.07 (1)(a), Florida Statutes, applies to the duplication of copyrighted materials contained in a county law library when such reproduction is permissible under the federal copyright law....
...dings 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." 3 The definition of "agency" is equally encompassing. 4 Section 119.07 (1)(a), Florida Statutes (1994 Supp.), requires the custodian of public records to permit the inspection and examination of such records by any person, at any reasonable time, under reasonable conditions, and under supervision by the custodian of the public record or his designee. In addition, the custodian is required to furnish a copy, or certified copy, of the record upon payment of the fee prescribed by law or if a fee is not prescribed by law, upon payment of the fee prescribed in section 119.07 (1)(a): [F]or duplicated copies of not more than 14 inches by 8 1/2 inches, upon payment of not more than 15 cents per one-sided copy, and for all other copies, upon payment of the actual cost of duplication of the record....
...lication. . . . An agency may charge up to $1 per copy for a certified copy of a public record. Those public records that are provided by law to be confidential or that are prohibited from being inspected are exempt from the disclosure provisions of section 119.07 (1), Florida Statutes....
...material is authorized. In State, Department of Health and Rehabilitative Services v. Southpointe Pharmacy, supra, the court, held that the copyrighted transcript could be released by the administrative agency with which it had been filed. Citing to section 119.07 (1)(a), Florida Statutes, the court stated that the agency could charge no more than the actual cost of duplicating the record....
...Chapter 119 , Florida Statutes. Instead, the material would appear to be subject to provisions of the Public Records Law, unless the provisions of such law are in conflict with the provisions of the federal act. Accordingly, I am of the opinion that section 119.07 (1)(a), Florida Statutes, which prescribes the fee that may be imposed for copying public records, applies to the duplication of copyrighted materials contained in a county law library when such reproduction is permissible under the federal copyright law....
CopyAgo (Fla. Att'y Gen. 1995).
Published | Florida Attorney General Reports
Statutes, is a public record within the scope of section
119.07(1), Florida Statutes. The statute requires
CopyAgo (Fla. Att'y Gen. 1988).
Published | Florida Attorney General Reports
...(2) In the absence of a statute specifically authorizing a state attorney to recoup the costs of producing the training program, a state attorney is not authorized to recoup such costs. In the absence of a statute providing otherwise, the only fees that may be imposed are those authorized in s. 119.07 (1), F.S....
...raining programs are public records for purposes of Ch. 119 , F.S. I am not aware of, nor have you brought to my attention, any statute which would generally exempt videotapes produced by the state attorney's office from the disclosure provisions of s. 119.07 , F.S....
...QUESTION TWO You inquire what fees may be imposed for providing access to the videotapes and whether such charges may include part of your original cost in producing the training session. In the absence of a specific statute to the contrary, public records must be open for public inspection without charge. While s. 119.07 (1)(a), F.S., authorizes the custodian of public records to charge a fee for furnishing copies of records based upon the actual cost of duplication, 10 there is no statute which generally authorizes the imposition of a fee for the mere inspection of public records. Section 119.07 (1)(b), F.S., however, authorizes the imposition of a special service charge when the nature or volume of public records requested to be inspected or copied is such as to require extensive use of information technology resources or extensive clerical or supervisory assistance, or both....
..."Information technology resources" is defined as data processing hardware and software and services, supplies, personnel, facility resources, maintenance, and training. 11 A videotape and machine to view such tape would not appear to fall within the term "information technology resources" for purposes of s. 119.07 (1)(b), F.S....
...In AGO 87-1, this office considered whether the clerk of the court, in providing copies of computer software programs produced by that office, could recoup some of the in-house costs involved in writing the computer program. In the absence of a statute specifying a fee which may be charged and except as provided in s. 119.07 (1), F.S., this office concluded that there was no authority for the clerk to recoup such costs. Similarly, in the absence of a statute specifically authorizing your office to impose a fee for inspection and/or copying to recoup part of your original cost of producing the training session and except as provided in s. 119.07 (1), F.S., I am of the opinion that you may not impose a fee for inspection or copying a videotape of your training programs....
...Butterworth Attorney General RAB/tjw 1 This office is without the authority to determine whether the viewing of any such tapes would satisfy the continuing legal education requirements imposed on members of The Florida Bar. Such a determination must be resolved by The Florida Bar and not by this office. 2 Sections
119.01 and
119.07 (1), F.S....
...119.0115, F.S., exempting any videotape or video signal which, under an agreement with an agency, is produced, made, or received by, or is in the custody of, a federally licensed radio or television station or its agent is exempt from Ch. 119 , F.S.; and s. 119.07 (3)(r), F.S., containing a limited exemption for data processing software....
...t which shall include a provision allowing unilateral cancellation by the agency for refusal by the contractor to allow public access to materials subject to Ch. 119 , F.S., and made or received by the contractor in conjunction with the contract. 10 Section 119.07 (1)(a), F.S., defines the phrase "actual cost of duplication" as "the cost of the material and supplies used to duplicate the record, but it does not include the labor cost or overhead cost associated with such duplication. . . ." 11 Section 282.303(10), F.S. Pursuant to s. 119.07 (1)(b), F.S., "information technology resources" shall have the same meaning as in s....
CopyAgo (Fla. Att'y Gen. 1982).
Published | Florida Attorney General Reports
...Attention: Mr. Robert W. Milner, Jr., Correctional Training Specialist Dear Secretary Wainwright: This is in response to your request for an opinion on substantially the following question: DOES THE EXEMPTION TO THE PUBLIC RECORDS LAW SPECIFIED BY s 119.07 (3)(k) APPLY TO CORRECTIONAL OFFICERS? Your inquiry states that the Correctional Training Institute, as a training facility for the Department of Corrections, has the responsibility of informing and instructing correctional officer trainees concerning personnel rules and records....
...See , Ch. 82-156, Laws of Florida. Thus you ask, in light of the 1982 amendments to Part VI, Ch. 112, if the effect of those amendments is to include correctional officers within the meaning of the term `law enforcement personnel' as it is used in s 119.07 (3)(k), F.S., such that the exemption specified in that section applies also to correctional officers....
...s the supervision, protection, care, custody, or control of inmates within a correctional institution; however, the term `correctional officer' does not include any secretarial, clerical, or professionally trained personnel. See also , s
943.10 (2). Section
119.07 (1)(a), F.S., provides that the custodian of public records shall permit such records to be inspected at reasonable times and under reasonable conditions....
...If a particular record contains information which is made confidential by general or special law, the custodian's duty is to delete or excise that portion of the record to which the exemption applies, and to produce for inspection the remainder of the record. Section 119.07 (2)(a), F.S....
...119. The purpose of these amendments was to provide correctional officers the protection of the `Law Enforcement Officer's Bill of Rights,' but the question of whether correctional officers are included within the term `law enforcement personnel' in s 119.07 (3)(k) is a different matter. Compare , AGO 076-5. Section 119.07 (3)(k), F.S., 1 provides: The home addresses, telephone numbers, and photographs of law enforcement personnel ; the home addresses, telephone numbers, photographs, and places of employment of the spouses and children of law enforcement...
...erning certification and decertification of both categories of officers). In view of the above statutes and authorities, I am persuaded that correctional officers are included within the term `law enforcement personnel' as that term is employed in s 119.07 (3)(k). In summary, it is my opinion that s 119.07 (3)(k), which exempts `[t]he home addresses, telephone numbers, and photographs of law enforcement personnel; the home addresses, telephone numbers, photographs, and places of employment of the spouses and children of law enforcement personnel; and the names and locations of schools attended by the children of law enforcement personnel' from s 119.07 (1)(a), the mandatory inspection provision of the Public Records Law, applies to such records which pertain to correctional officers. Sincerely, Jim Smith, Attorney General Prepared by: Anne Curtis Terry, Assistant Attorney General 1 I note in passing that the Governor vetoed CS for HB 291, on April 8, 1982; that bill would have amended s 119.07 (3)(k) to exempt complaints against law enforcement personnel and internal investigative information for a specified time period.
CopyAgo (Fla. Att'y Gen. 1999).
Published | Florida Attorney General Reports
the records must be disclosed: "[I]n enacting section
119.07(2), Florida Statutes (1975), the legislature
CopyPublished | Florida 1st District Court of Appeal | 2015 WL 4111669
...(2013).
Thus, “[e]very 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.” § 119.07(1)(a), Fla....
...ectronic access—was
ultimately for actual paper copies (due to appellee’s alleged difficulties with the
website). Access to public records by remote electronic means is merely “an
additional means of inspecting or copying public records.” § 119.07(2)(a), Fla.
Stat....
CopyAgo (Fla. Att'y Gen. 1975).
Published | Florida Attorney General Reports
...meetings of the board. Thus, the examination results of the Construction Industry Licensing Board could be characterized as "limited access" public records to which the general public does not possess a right of inspection pursuant to Ch. 119 , F.S. Section 119.07 (2)(a) exempts from Ch....
CopyAgo (Fla. Att'y Gen. 2003).
Published | Florida Attorney General Reports
...401 -
741.409 , Florida Statutes? It is a general policy of this state that the records of the state and local government shall be open for inspection by any person. 1 Such a right of access is now recognized in our state Constitution. 2 Pursuant to section
119.07 (1)(a), Florida Statutes, every person having custody of a public record "shall permit the record to be inspected and examined by any person desiring to do so, at any reasonable time, under reasonable conditions, and under supervision...
...ws of Florida, provides: "The names, addresses, and telephone numbers of participants in the Address Confidentiality Program for Victims of Domestic Violence contained in voter registration records held by the supervisor of elections are exempt from s. 119.07 (1) and s....
...is a participant in the Address Confidentiality Program for Victims of Domestic Violence established pursuant to sections
741.401 -741-409, Florida Statutes. Sincerely, Charlie Crist Attorney General CC/tjw 1 Section
119.01 (1), Fla. Stat. And see , s.
119.07 (1)(a), Fla....
CopyAgo (Fla. Att'y Gen. 1993).
Published | Florida Attorney General Reports
take notes regarding the number of votes cast. Section
119.07, F.S. (1992 Supp.) prohibits any person other
CopyPublished | Florida 4th District Court of Appeal | 2016 Fla. App. LEXIS 11409
...Although the parties in this case focus entirely on whether the “actual cost of duplication” charged by the Town was the “actual cost” as that term is defined in section
119.011(1), Florida Statutes, we hold that a determination on this issue is unnecessary based on the facts before us. Section
119.07(4)(a) provides that a Town may charge “[u]p to 15 cents per one-sided copy” up to a certain size and an additional 5 cents for two-sided copies....
...Here, Appellant requested 4,573 pages worth of copies and was charged $496.21. That amounts to a rounded value of 11 cents per page; within the 15 cents that is authorized by subsection (a). The fact that the Town followed a calculation that appears to line up with section 119.07(4)(d), which allows the Town to impose a special service fee on top of the actual costs of duplication, is irrelevant. The Town was authorized to charge up to 15 cents per page. . It charged only 11 cents per page. This charge was authorized by Section 119.07(4)(a)....
CopyPublished | District Court of Appeal of Florida | 13 Fla. L. Weekly 1764, 1988 Fla. App. LEXIS 3411, 1988 WL 76009
...The trial court stated three reasons for granting appellee’s motion. The first involved the production of a prelitigation file from which appellant obtained alleged privileged information. The trial court failed to conduct an in camera inspection of the file as required by section 119.07(2)(b), Florida Statutes (1985), when an exemption is asserted pursuant to section 119.07(3)(o)....
...ible in any subsequent trial of this cause. The trial court also stated as a ground for granting a new trial that the information obtained was a conclusion and mental impression of appellee therefore was erroneously admitted at trial in violation of section 119.07(3)(o). We do not agree. Section 119.07(l)(a) permits the inspection of public records by any person desiring to do so. Section 119.07(3)(o) provides an exemption to the above and protects matters “prepared at the attorney’s express direction, which reflects a mental impression, conclusion, litigation strategy, or legal theory of the attorney or the agency, and wh...
...The trial court stated three reasons for granting appellee’s motion. The first involved the production of a prelitigation file from which appellant obtained alleged privileged information. The trial court failed to conduct an in camera inspection of the file as required by section 119.07(2)(b), Florida Statutes (1985), when an exemption is asserted pursuant to section 119.07(3)(o)....
...able in any subsequent trial of this cause. The trial court also stated as a ground for granting a new trial that the information obtained was a conclusion and mental impression of appellee therefore was erroneously admitted at trial in violation of section
119.07(3)(o). We do not agree. Section
119.01(l)(a) permits the inspection of public records by any person desiring to do so. Section
119.07(3)(o) provides an exemption to the above and protects matters “prepared at the attorney’s express direction, which reflects a mental impression, conclusion, litigation strategy, or legal theory of the attorney or the agency, and wh...
CopyPublished | Florida 4th District Court of Appeal
...disclosure under the Public Records Act.
The BSO responded to the petition, raising the same exemption, and
other objections not relevant to this appeal. The School Board’s response
claimed that the footage was exempt from disclosure under Florida Statute
section 119.071(3)(a), Florida Statutes – the “security system plan
exemption.”
Before the hearing, the Media filed two DVDs in support of the petition.
The first was a video of a press conference conducted by the BSO....
...After reviewing the video recordings, this Court finds that the
potential harm to the current security system is outweighed
by the strong public interest in disclosure.
-6-
Upon finding good cause, the court held that section 119.071(3), Florida
Statutes, did not bar disclosure of the video recordings.
The BSO was ordered to produce the redacted versions of the video
recordings to the Media....
...d criminal
intelligence information, is the area of which the courts ought to be chary,
given the overarching policy of the Public Records Act.”).
We reject the State Attorney’s argument that the video footage is exempt
from disclosure under section 119.071(2), Florida Statutes (2018),
because the footage was created before the criminal investigation began
and was compiled by the School Board, not a law enforcement agency.
By statute, “active criminal investigative information” is exempt from
disclosure under the Public Records Act. § 119.071(2)(c)1., Fla....
...2d 901, 906 (Fla. 2002) (quoting Dade Cty. Sch. Bd. v.
Radio Station WQBA,
731 So. 2d 638, 644-45 (Fla. 1999)).
The School Board asserts that the surveillance footage is statutorily
exempt from disclosure under the “security plan” exemption contained in
section
119.071(3), Florida Statutes (2018)....
...We hold that the “good cause”
exception to this exemption applies, so that disclosure is mandated.
-9-
Information relating to the School’s security system is public record.
However, by statute, it is exempt from disclosure. §
119.071(3)(a), Fla.
Stat. (2018); see also §
281.301(1), Fla. Stat. (2018).
Section
119.071 is entitled “General exemptions from inspection or
copying of public records.” The “security plan” exemption is found in
subpart (3) which reads:
(3) Security and firesafety.—
(a) 1....
...A security or firesafety system plan or portion
thereof for:
a. Any property owned by or leased to the state or
any of its political subdivisions; or
b. Any privately owned or leased property
held by an agency is confidential and exempt . . .
§ 119.071(3)(a), Fla. Stat. (2018) (emphasis supplied). The language
highlighted above defines an exempt “security system plan” to include
“audio and visual presentations . . . relating directly to the physical
security . . . of the facility.” § 119.071(3)(a)1.a., Fla....
...(2018).
Because the footage from the surveillance cameras “relates directly” to
the security system at Douglas, including both its capabilities and its
vulnerabilities, the footage is confidential and exempt from disclosure to
the public under sections
119.071(3)(a) and
281.301(1), unless an
exception to the exemption applies.
- 10 -
Public information that is confidential and exempt from disclosure
because it is directly related to a security system “may be disclosed” upon
“a showing of good cause before a court of competent jurisdiction.” §
119.071(3)(a)3.d.; §
281.301(2)(d)....
...The “good cause” statutory exception to
the security system exemption reads:
3. Information made confidential and exempt by this
paragraph may be disclosed:
* * *
d. Upon a showing of good cause before a court of
competent jurisdiction.
§ 119.071(3)(a)3, Fla....
...ine or
analyze “good cause.” See §
406.135, Florida Statutes (2018) (concerning
photographs of autopsies); Dep’t of Health & Rehab. Servs. v. Gainesville
Sun Publ’g Co.,
582 So. 2d 725 (Fla. 1st DCA 1991) (interpreting an earlier
version of section
119.07 concerning child abuse records)....
...CONNER, J., concurring in part and dissenting in part.
I concur with the majority opinion’s analysis and conclusion that the
surveillance video footage sought to be obtained by the appellees does not
qualify for a public records request exemption under the section
119.071(2), Florida Statutes (2018) (the criminal investigation and
criminal information exemption), but does qualify for an exemption under
section 119.071(3), Florida Statutes (2018) (the “security plan” exemption).
I respectfully dissent from the majority’s holding and conclusion that the
“good faith” exception to the “security plan” exemption applies, so as to
authorize release of the surveillance videos....
CopyPublished | Florida 4th District Court of Appeal
...sure under the Public Records Act. The BSO responded to the petition, raising the same exemption, and other objections not relevant to this appeal. The School Board's response claimed that the footage was exempt from disclosure under Florida Statute section 119.071(3)(a), Florida Statutes - the "security system plan exemption." Before the hearing, the Media filed two DVDs in support of the petition....
...arm to the current security system. After reviewing the video recordings, this Court finds that the potential harm to the current security system is outweighed by the strong public interest in disclosure. Upon finding good cause, the court held that section 119.071(3), Florida Statutes, did not bar disclosure of the video recordings....
...ative and criminal intelligence information, is the area of which the courts ought to be chary, given the overarching policy of the Public Records Act."). We reject the State Attorney's argument that the video footage is exempt from disclosure under section 119.071(2), Florida Statutes (2018), because the footage was created before the criminal investigation began and was compiled by the School Board, not a law enforcement agency. By statute, "active criminal investigative information" is exempt from disclosure under the Public Records Act. § 119.071(2)(c) 1., Fla....
...State ,
829 So.2d 901 , 906 (Fla. 2002) (quoting Dade Cty. Sch. Bd. v. Radio Station WQBA ,
731 So.2d 638 , 644-45 (Fla. 1999) ). *213 The School Board asserts that the surveillance footage is statutorily exempt from disclosure under the "security plan" exemption contained in section
119.071(3), Florida Statutes (2018). We hold that the "good cause" exception to this exemption applies, so that disclosure is mandated. Information relating to the School's security system is public record. However, by statute, it is exempt from disclosure. §
119.071(3)(a), Fla. Stat. (2018) ; see also §
281.301(1), Fla. Stat. (2018). Section
119.071 is entitled "General exemptions from inspection or copying of public records." The "security plan" exemption is found in subpart (3) which reads: (3) Security and firesafety.- (a) 1....
...ning. 2. A security or firesafety system plan or portion thereof for: a. Any property owned by or leased to the state or any of its political subdivisions; or b. Any privately owned or leased property held by an agency is confidential and exempt ... § 119.071(3)(a), Fla. Stat. (2018) (emphasis supplied). The language highlighted above defines an exempt "security system plan" to include "audio and visual presentations ... relating directly to the physical security ... of the facility." § 119.071(3)(a) 1.a., Fla....
...(2018). Because the footage from the surveillance cameras "relates directly" to the security system at Douglas, including both its capabilities and its vulnerabilities, the footage is confidential and exempt from disclosure to the public under sections
119.071(3)(a) and
281.301(1), unless an exception to the exemption applies. Public information that is confidential and exempt from disclosure because it is directly related to a security system "may be disclosed" upon "a showing of good cause before a court of competent jurisdiction." §
119.071(3)(a) 3.d.; §
281.301(2)(d). The "good cause" statutory exception to the security system exemption reads: 3. Information made confidential and exempt by this paragraph may be disclosed: * * * d. Upon a showing of good cause before a court of competent jurisdiction. §
119.071(3)(a)3, Fla....
...The Media and the School Board look to two statutes that define or analyze "good *214 cause." See §
406.135, Florida Statutes (2018) (concerning photographs of autopsies); Dep't of Health & Rehab. Servs. v. Gainesville Sun Publ'g Co. ,
582 So.2d 725 (Fla. 1st DCA 1991) (interpreting an earlier version of section
119.07 concerning child abuse records)....
...Conner, J., concurs in part and dissents in part, with opinion. I concur with the majority opinion's analysis and conclusion that the surveillance video footage sought to be obtained by the appellees does not qualify for a public records request exemption under the section 119.071(2), Florida Statutes (2018) (the criminal investigation and criminal information exemption), but does qualify for an exemption under section 119.071(3), Florida Statutes (2018) (the "security plan" exemption)....
...9.030(a)(2)(A)(v). The suggested question submitted by the School Board reads: When it is determined that a public records request "relates directly" to a security system, and is otherwise confidential and exempt from disclosure to the public under §§
119.071(3)(a) and
281.301(1), whether the "good cause" exception to that exemption requires a showing of more than the public's need for the information....
...mportant only to the parties involved." I contend the majority's opinion sets a precedent that a trial judge, as the finder of fact, can find a good faith reason to grant an exception to the exclusion from disclosure of public records under sections
119.071(3)(a) and
281.301(1), Florida Statutes (2018), based on a finding that the safety risks presented by the disclosure *219 are "minimal." My dissent to the underlying opinion was not based on an improper appellate reweighing of evidence....
...I would certify to our supreme court the following question of great public importance: WHEN IT IS DETERMINED THAT A PUBLIC RECORDS REQUEST "RELATES DIRECTLY" TO A SECURITY SYSTEM OF A PUBLIC BUILDING AND IS SPECIFICALLY EXEMPTED FROM DISCLOSURE UNDER SECTIONS
119.071(3)(A) AND
281.301(1), FLORIDA STATUTES, DOES THE PUBLIC'S RIGHT TO INFORMATION ABOUT GOVERNMENTAL ACTIONS RESPONDING TO A VIOLENT ATTACK OCCURING IN A PUBLIC BUILDING CONSTITUTE A GOOD FAITH EXCEPTION TO THE EXEMPTION, WHERE THE DISCLOSURE CO...
CopyAgo (Fla. Att'y Gen. 2008).
Published | Florida Attorney General Reports
information be treated as exempt pursuant to section
119.07[3][s]1., Fla. Stat.) and 92-14 (1992) (information
CopyAgo (Fla. Att'y Gen. 2002).
Published | Florida Attorney General Reports
withheld from public inspection pursuant to section
119.07(3)(s)1., Florida Statutes, must the law enforcement
CopyAgo (Fla. Att'y Gen. 2006).
Published | Florida Attorney General Reports
...The requesting party had no objection to having access to the records provided in this manner. The mayor, however, has questioned the propriety of complying with the public records request in this manner since the static web page is not available to the public at large. Section 119.07 (1)(a), Florida Statutes, provides that "[e]very 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." Pursuant to section 119.07 (4), Florida Statutes, the custodian of public records shall furnish a copy or a certified copy of the record upon payment of the fee prescribed by law....
...ecord in a medium not routinely used by the agency, or elects to compile information not routinely developed or maintained by the agency or that requires a substantial amount of manipulation or programming, the fee imposed must be in accordance with s. 119.07 (4), Fla. Stat. 4 See s. 119.07 (4)(d), Fla....
...Stat., which authorizes a special service charge when the nature or volume of public records requested to be inspected or copied is such as to require extensive use of information technology resources or extensive clerical or supervisory assistance by personnel of the agency involved, or both. 5 Cf. s. 119.07 (2), Fla....
CopyPublished | Supreme Court of Florida
-4- exempt from [section]
119.07(1) and [section] 24(a), [article] I of the
CopyAgo (Fla. Att'y Gen. 2004).
Published | Florida Attorney General Reports
audit reports. You have brought to my attention section
119.07(3)(y), Florida Statutes, a provision of Florida's
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 1628, 1985 Fla. App. LEXIS 14929
material is privileged under the public records law, § 119.-07(3)(o), Fla.Stat. (Supp.1984), and (b) to examine
CopyAgo (Fla. Att'y Gen. 1974).
Published | Florida Attorney General Reports
...transaction of official business by any agency. (2) "Agency" shall mean any state, county or municipal officer, department, division, board, bureau, commission or other separate unit of government created or established by law. (Emphasis supplied.) Section 119.07 (1), F.S., further provides: (1) Every person having custody of public records shall permit them to be inspected and examined at reasonable times and under his supervision by any person, and he shall furnish certified copies thereof on payment of fees as prescribed by law....
...ce such documents are made pursuant to the authority cited above. Section
119.011 (1), F.S. Moreover, I have been unable to find any statutory exception to the Public Records Law which exempts such records from the purview of the Public Records Law. Section
119.07 (2), F.S....
CopyPublished | Florida 2nd District Court of Appeal
...on to pay for copying costs before the
petition can be deemed facially sufficient. The court in Farmer merely noted the
defendant had acknowledged his obligation to make payment for the copying costs,
which is a requirement under chapter 119. See § 119.07(4); Farmer, 927 So....
CopyAgo (Fla. Att'y Gen. 1996).
Published | Florida Attorney General Reports
...According to your letter, your inquiry is prompted by a request to inspect certain records maintained by the clerk's office. An individual has requested salary and personnel data on certain key personnel within the clerk's office, as well as documents reflecting compliance with equal opportunity employment laws. Section 119.07 (1)(a), Florida Statutes, requires the custodian of public records to permit the inspection and copying of such records "by any person desiring to do so, at any reasonable time, under reasonable conditions, and under supervision by the custodian of the public record or the custodian's designee." During the 1995 legislative session, section 119.07 (3)(k)1., Florida Statutes, was amended to read in relevant part: The home addresses, telephone numbers, social security numbers, and photographs of . . . personnel of the Department of Revenue or local governments whose responsibilities include revenue collection and enforcement or child-support enforcement . . . are exempt from the provisions of subsection (1). . . . 1 (e.s.) Section 119.07 (3)(k), Florida Statutes, was subsequently renumbered as section 119.07 (3)(I), Florida Statutes. In setting forth the purpose of such exemption, 2 the act provides: The exemption from section 119.07 (1), Florida Statutes, provided in section 1 of this act is a public necessity because release of this information would jeopardize the safety and welfare of Department of Revenue or local government personnel whose responsibilities in...
...scertain the intent of the Legislature. 5 However, it is a fundamental principle that statutes should be construed to effectuate the Legislature's intent. An examination of the legislative history surrounding the bill indicates that the amendment to section 119.07 (3), Florida Statutes, was added to the bill when the bill was being discussed on the floor of the Legislature....
CopyAgo (Fla. Att'y Gen. 2001).
Published | Florida Attorney General Reports
confidential and exempt from the provisions of section
119.07(1), Florida Statutes, and section 24(a), Article
CopyPublished | Florida 2nd District Court of Appeal | 2013 WL 3724773, 2013 Fla. App. LEXIS 11254
...We reverse only that part of the circuit court ruling excluding from evidence the portion of Mr. Ivancevich’s report containing his mental impressions. The City argues, and the State and Mr. Rowan agree, that Mr. Ivancevich’s report is a public record. Section 119.071(l)(d)(l), Florida Statutes (2011), provides as follows: A public record that was prepared by an agency attorney ......
...epared exclusively for civil or criminal litigation or for adversarial administra *472 tive proceedings, or that was prepared in anticipation of imminent civil or criminal litigation or imminent adversarial administrative proceedings, is exempt from s. 119.07(1) and s....
...to be ‘active’ and thus subject to disclosure.”). Mr. Ivancevich’s investigation and any related criminal proceedings have concluded, since no charges were filed against any of the parties mentioned in the report. Therefore, the exemption in section 119.071(l)(d)(l) no longer applies and the report was properly made a public record pursuant to section 119.07....
CopyAgo (Fla. Att'y Gen. 1996).
Published | Florida Attorney General Reports
available for the board's use. Question Two Section
119.07(1)(a), Florida Statutes, provides in part that
CopyPublished | Supreme Court of Florida | 25 Fla. L. Weekly Supp. 569, 2000 Fla. LEXIS 1422, 2000 WL 966724
...ess to the necessary public records, so that, as proposed, the motion for postconviction relief could be filed within 180 days after this Court issued its mandate on direct appeal. In proposing these amendments, we expressed concern that if sections 119.07(3)(b), and 119.07(3)(i), Florida Statutes (1999) 2 , which exempt certain records from chapter 119 disclosure, remained in place, the proposed capital postconviction procedures would not function as intended....
...It is so ordered. SHAW, HARDING, PARIENTE, LEWIS and QUINCE, JJ„ concur. WELLS, C.J., concurs with an opinion, in which HARDING and PARIENTE, JJ., concur. ANSTEAD, J., concurs in result only. . We have jurisdiction. Art. V, § 2(a), Fla. Const. . See § 119.07(3)(b), Fla. Stat. (1999) (exempting "active criminal investigative information”); § 119.07(3)(Z), Fla....
CopyAgo (Fla. Att'y Gen. 1998).
Published | Florida Attorney General Reports
...lic records under Chapter 119 , Florida Statutes. In Attorney General Opinion 90-81, this office was asked whether the custodian of a public record could charge less than the statutorily prescribed fee of fifteen cents per page for one-sided copies. Section 119.07 (1)(a), Florida Statutes, states in relevant part: "The custodian shall furnish a copy or a certified copy of the record upon payment of the fee prescribed by law or, if a fee is not prescribed by law, for duplicated copies of not more...
CopyAgo (Fla. Att'y Gen. 1975).
Published | Florida Attorney General Reports
QUESTIONS: 1. Does s. 119.07 , F.S., require that the name and address of victims of sex crimes be readily available to the news media? 2....
...What steps may be legally taken to avoid such exposure? SUMMARY: The name, address, and any other identifying information of the victim of any sexual offense contained within law enforcement records are confidential and are not subject to public disclosure in any manner under s. 119.07 (1), F.S., as amended....
...(1974 Supp.), the news media is prohibited from printing, publishing, or broadcasting any such information until it is by law made a part of an open, public record or is made public in an open judicial proceeding or public court record. Pursuant to s.
119.07 (2)(b), F.S., the Legislature has decreed that all public records referred to in s.
794.03 , F.S., are exempt from the inspection provisions of s.
119.07 , F.S. Section
119.07 requires that all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, or other material made or received pursuant to law or in connection with the transaction of official business by any agency be open...
...exceed $500, imprisonment in county jail not exceeding 60 days, or both. This statute is presumptively valid and as such must be given full force and effect by this office unless and until decided otherwise by a court of competent jurisdiction. When s. 119.07 (2)(b), as amended in 1975, is read in pari materia with s....
...The fact that the information might be disclosed orally as opposed to allowing inspection or examination of the records as hereinabove defined, regardless of physical form or characteristics, is of no import insofar as the prohibitions contained within ss.
119.07 (2)(b) and
794.03 , F.S., are concerned....
CopyAgo (Fla. Att'y Gen. 2005).
Published | Florida Attorney General Reports
identifying information from disclosure under section
119.07(6)(i), Florida Statutes, apply to records that
CopyPublished | Supreme Court of Florida | 26 Fla. L. Weekly Supp. 494, 2001 Fla. LEXIS 1408, 2001 WL 776678
...See §
27.710, Fla. Stat. (2000) ("Registry of attorneys applying to represent persons in posteonviction capital collateral proceedings; certification of minimum requirements; appointment by trial court”). . Ch.2000-3, § 5, at 11, Laws of Fla. . See §
119.07(3)(b), Fla. Stat. (1999) (exempting “active criminal investigative information”); §
119.07(3)(Z), Fla....
...(1999) (providing that criminal investigative information is considered "active” while such information is directly related to pending prosecutions or appeals ) (emphasis added). . See ch.2000-3, § 20, at 23, Laws of Fla. (requesting that the Court study the issue). . See Fla. R.Crim. P. 3.850, 3.851. .See §§ 119.07(3)(b), 119.07(3)(1 ), Fla....
CopyAgo (Fla. Att'y Gen. 2001).
Published | Florida Attorney General Reports
exempt" from public disclosure requirements in section
119.07(1), Florida Statutes, and Article I, section
CopyAgo (Fla. Att'y Gen. 1977).
Published | Florida Attorney General Reports
CopyAgo (Fla. Att'y Gen. 1985).
Published | Florida Attorney General Reports
...e obtained are "public records" within the meaning of the Florida Public Records Law and, in the absence of a statute exempting such records from disclosure or providing for their confidentiality, must be available for inspection and copying. See, s 119.07 (1)(a), F.S., as amended by Ch....
...119 , F.S., were intended to operate regardless of the physical form or characteristics of particular records. Attorney General Opinion 84-3. See, s
119.011 (1), F.S., supra, defining "public records" for purposes of Ch. 119. With respect to permitting inspection of public records or furnishing copies thereof, s
119.07 (1)(a), F.S., as amended by s 5 of Ch....
...labor costs or overhead costs associated with such duplication." Cf., Inf. Op. to Janet Reno, June 28, 1978, concluding that the actual cost of duplication does not include such incidental expenses as utilities, personnel and other office expenses. Section 119.07 (1)(b), F.S., as amended by s 5 of Ch....
CopyAgo (Fla. Att'y Gen. 1999).
Published | Florida Attorney General Reports
...employee's personnel file, such records are subject to control under Florida's Public Records Law. As is clearly recognized by section 231.291(3)(a), Florida Statutes, "[p]ublic school system employee personnel files are subject to the provisions of s. 119.07 (1), [Florida Statutes]." A distinction must be drawn however, between these state or local records and federal records shared with a state or local agency pursuant to federal statutes and regulations and governed by federal law....
...The court rejected this argument: "We conclude that when a criminal justice agency transfers protected information to another criminal justice agency, the information retains its exempt status. We believe that such a conclusion fosters the underlying purpose of section 119.07 (3)(d), which is to prevent premature public disclosure of criminal investigative information since disclosure could impede an ongoing investigation or allow a suspect to avoid apprehension or escape detection....
CopyPublished | Florida 2nd District Court of Appeal | 2003 WL 201336
...Perez filed a motion to compel the Sheriff to provide the redacted information, and the petitioner filed a response to the motion to compel and a motion for a protective order alleging that the redacted information is specifically exempted from disclosure under section *392 119.07(3)( l )(1)....
...Accordingly, because Perez made no showing of exceptional necessity or extraordinary circumstances, we grant the petition, issue the writ, and quash that portion of the order of the trial court requiring the disclosure of materials exempted from disclosure by section 119.07(3)( l )(1)....
CopyAgo (Fla. Att'y Gen. 1980).
Published | Florida Attorney General Reports
...s that have been prepared with the intent of perpetuating, communicating, or formalizing knowledge. The act is directed to custodians of public records and requires them to permit inspection of whatever public records may be in their possession. See s. 119.07 (1). Section 119.07 (3)(a), however, expressly exempts from the command of the Public Records Law `[a]ll public records which are presently provided by law to be confidential or which are prohibited from being inspected by the public. . . .' Section 119.07 (3)(d) further exempts all criminal intelligence information and active criminal investigative information from public inspection and examination. Compare s. 119.07 (3)(h)....
...79-6671 (17th Jud. Cir., 1979), in which Judge Franza stated that `F.S. 39.12(7) which allows the press to publish the name of a child who is alleged to have committed a violation of the law does not could Section 4 . . . .' (Emphasis supplied.) Cf . ss. 119.07 (3)(d) and (h) and 39.14(4) and (5), F....
CopyAgo (Fla. Att'y Gen. 1990).
Published | Florida Attorney General Reports
...If, however, the nature or volume of the records requested, rather than the location of the records, is such as to require extensive clerical or supervisory assistance or extensive use of the information technology resources, a special service charge may be imposed pursuant to section 119.07 (1)(b), Florida Statutes, in addition to the actual costs of duplication....
...lity of such records or exempting such records from disclosure. 3 As a general rule, public information must be open for public inspection without charge unless expressly provided by law. 4 When a request has been made for a copy of a public record, section 119.07 (1)(a), Florida Statutes, provides that the record custodian must furnish copies of records, certified or otherwise, upon payment of the "actual cost of duplication" in the event specific fees are not prescribed by law....
...it does not include the labor cost or overhead cost associated with such duplication." Thus, such items as search or exploration fees, employee time fees and the like may not be routinely charged in the absence of specific statutory authorization. 5 Section 119.07 (1)(b), Florida Statutes, however, authorizes the imposition of a special service charge when the nature or volume of the records requested to be inspected or copied is such as to require extensive clerical or supervisory assistance or extensive use of information technology resources, 6 or both....
...In those cases where the nature or volume of the records requested, rather than the location of such records, requires extensive clerical or supervisory assistance or extensive use of the information technology resources, an additional charge may be imposed pursuant to section 119.07 (1)(b), Florida Statutes....
...ent, 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." 3 See , s. 119.07 (2) and (3), Fla....
...tute, be conditioned upon the payment of search fees). 6 "Information technology resources" is defined as data processing hardware and software, supplies, personnel, facility resources, maintenance and training. See , s. 282.303(10), Fla. Stat., and s. 119.07 (1)(b), Fla....
CopyAgo (Fla. Att'y Gen. 2000).
Published | Florida Attorney General Reports
and invoices contain information exempted by section
119.07(3)(l), Florida Statutes — that is, mental impressions
CopyAgo (Fla. Att'y Gen. 1995).
Published | Florida Attorney General Reports
...by purchase any real property for a municipal purpose, every appraisal, offer, or counteroffer must be in writing. Such appraisals, offers, or counteroffers are not available for public disclosure or inspection and are exempt from the provisions of s. 119.07 (1) until an option contract is executed or, if no option contract is executed, until 30 days before a contract or agreement for purchase is considered for approval by the governing body of the municipality. If a contract or agreement for purchase is not submitted to the governing body for approval, the exemption from s. 119.07 (1) will expire 30 days after the termination of negotiations....
...this section. . . . The statute further provides that "[n]othing in this section shall be interpreted as providing an exemption from, or an exception to, s.
286.011 ." 13 Clearly then, this statute provides an exemption from the Public Records Law, section
119.07 (1), Florida Statutes, for "every [written] appraisal, offer, or counteroffer" relating to the proposed purchase of municipal real property....
...Certain Lands,
19 So.2d 234 (Fla. 1944). 5 See, e.g., Board of Public Instruction of Broward County v. Doran,
224 So.2d 693 (Fla. 1969); Op. Att'y Gen. Fla. 85-89 (1985) (contracts for legal counsel between county and private law firm not within the exemption expressed in s.
119.07 [3][o], Fla....
CopyPublished | District Court of Appeal of Florida | 14 Fla. L. Weekly 294, 16 Media L. Rep. (BNA) 1169, 1989 Fla. App. LEXIS 312, 1989 WL 5257
...ot intended to offer relief to those persons who, like Judge Spicola, have merely been investigated. See §
943.0575, Fla.Stat. (1987) (“[njothing in [Chapter 943] shall be construed to restrict or condition public access to records as provided by s.
119.07”)....
...Having determined that Judge Spicola’s records cannot be statutorily sealed, we would ordinarily have no difficulty in allowing them to be subjected to public scrutiny pursuant to chapter 119, Florida Statutes (1987) (the Public Records Act). See § 119.07(l)(a), Fla.Stat....
CopyPublished | District Court of Appeal of Florida | 2000 Fla. App. LEXIS 503, 2000 WL 60737
...such information, and the trial court granted the petition because it determined that the investigation had been concluded. The sheriff appeals and we affirm. The PBA sought release of the information on the ground that it was a public record under section 119.07(1), Florida Statutes (1997)....
...)(a), which provides in part: A complaint filed against a law enforcement officer ... and all information obtained pursuant to the investigation by the agency of such complaint shall be confidential and exempt from the provisions of Florida Statutes section 119.07(1) until the investigation ceases to be active, or until the agency head or the agency head’s designee provides written notice to the officer who is the *1182 subject of the complaint, either personally or by mail, that the agency ha...
CopyAgo (Fla. Att'y Gen. 1987).
Published | Florida Attorney General Reports
tangible personal property assessment rolls. Section
119.07(3)(a), F.S., states that all public records
CopyAgo (Fla. Att'y Gen. 1987).
Published | Florida Attorney General Reports
...reports of a pupil or student, or of any personal information contained therein, without the written consent of the pupil's or student's parent or guardian, or of the pupil or student himself if he is qualified as provided in this subsection. . . . Section 119.07 (3)(b), F.S., exempts those public records referred to in s. 228.093 from the disclosure and inspection requirements of s. 119.07 (1)....
CopyAgo (Fla. Att'y Gen. 2006).
Published | Florida Attorney General Reports
...f the New Smyrna Beach Utilities Commission that are furnished to the Florida Department of Law Enforcement in the course of a criminal investigation by the department exempt as criminal intelligence or criminal investigative information pursuant to section 119.071 (2)(c)1., Florida Statutes? The Utilities Commission for the City of New Smyrna Beach (UC) was created by the city charter as a separately governed entity of the city....
...Thus, this office stated that the exemption for active criminal investigative information may not be subverted by making a public records request for all public records gathered by a law enforcement agency in the course of its investigation; to permit such requests would negate the purpose of the exemption. 5 Moreover, section 119.071 (2)(c)2., Florida Statutes, provides in pertinent part: "A request of a law enforcement agency to inspect or copy a public record that is in the custody of another agency, the custodian's response to the request, and any information that would identify the public record that was requested by the law enforcement agency or provided by the custodian are exempt from s. 119.07 (1) and s....
...the public record requested are available to the public. . . ." The statement of necessity by the Legislature, in adopting the above exemption, provides: "The Legislature finds that the exemption from public-records requirements which is provided in section 119.07 (3)(b)2. [now section 119.071 (2)(c)2.], Florida Statutes, is a public necessity because criminal investigations are jeopardized if law enforcement requests to inspect or copy a public record, the record custodian's response to such a request, or other information that would identify the records requested are available to the public....
...xempt during the period in which the information constitutes criminal-intelligence information or criminal-investigative information that is active." 6 Thus, while the records of the UC are not exempt merely because they have been submitted to FDLE, section 119.071 (2)(c)2., Florida Statutes, exempts FDLE's request to inspect or copy records, as well as the UC's response, or any information that would identify the public record that was requested by FDLE or provided by the UC during the period i...
CopyAgo (Fla. Att'y Gen. 1990).
Published | Florida Attorney General Reports
...: 1. Agency-produced data processing software which collects, stores, retrieves, and processes voter registration information pursuant to section 98.211, Florida Statutes, is a public record. However, such software is "sensitive" within the terms of section 119.07 (3)(r), Florida Statutes (1988 Supplement), and not subject to inspection and copying....
...software obtained by an agency under a licensing agreement which prohibits its disclosure and which software is a trade secret, as defined in s.
812.081 , and agency-produced data processing software which is sensitive are exempt from provisions of [section
119.07 (1), Florida Statutes (1988 Supplement.)] The designation of agency-produced software as sensitive shall not prohibit an agency head from sharing or exchanging such software with another public agency....
...Sincerely, Robert A. Butterworth Attorney General RAB/tgh 1 Section
119.01 (1), Fla. Stat. 2 Section
119.011 (1), Fla. Stat. 3 See , Ops. Att'y Gen. Fla. 85-87 (1985) and 85-3 (1985). And see , Seigle v. Barry ,
422 So.2d 63 ,61 (Fla. 4th DCA 1982). 4 See , s.
119.07 (3), Fla. Stat. (1988 Supp.), as amended by Chs. 89-29, 89-55, 89-80, 89-275, 89-283, 89-350, and 89-531, Laws of Florida. 5 Section
119.07 (3)(a), Fla....
...Stat., defines "[d]ata processing software" as "the programs and routines used to employ and control the capabilities of data processing hardware, including, but not limited to. operating systems, compilers, assemblers, utilities, library routines, maintenance routines, applications, and computer networking programs." 9 Section 119.07 (3)(r), Fla....
CopyAgo (Fla. Att'y Gen. 1975).
Published | Florida Attorney General Reports
established by law." See s.
163.566(1), F.S. Section
119.07(1), F.S., further provides: (1) Every person
CopyPublished | Supreme Court of Florida | 40 Fla. L. Weekly Supp. 29, 43 Media L. Rep. (BNA) 1199, 2015 Fla. LEXIS 113, 2015 WL 263902
...(A) information described by any of subdivisions (c)(1)
through (c)(6) of this rule; and
(B) except as provided by court order, information subject to
subdivision (c)(7) or (c)(8) of this rule that is currently confidential or exempt from
section 119.07, Florida Statutes, and article I, section 24(a) of the Florida
Constitution as specifically stated in any of the following statutes or as they may
be amended or renumbered:
(i) Chapter 39 records relating...
...se, neglect, and
abandonment. §§
39.0132(3),
39.0132(4)(a), Fla. Stat.
(ii) Adoption records. §
63.162, Fla. Stat.
(iii) Social Security, bank account, charge, debit, and
credit card numbers. §
119.0714(1)(i)–(j), (2)(a)–(e), Fla. Stat. (Unless redaction is
requested pursuant to §
119.0714(2), Fla....
...Stat.
(xii) The victim’s address in a domestic violence action
on petitioner’s request. §
741.30(3)(b), Fla. Stat.
(xiii) Protected information regarding victims of child
abuse or sexual offenses. §§
119.071(2)(h),
119.0714(1)(h), Fla....
CopyPublished | Supreme Court of Florida
...(6) of this rule; and
(B) eExcept as provided by court order, the clerk of the court
shall maintain as confidential information subject to subdivision (c)(7) or (c)(8) of
this rule that is currently confidential or exempt from section 119.07, Florida
Statutes, and article I, section 24(a) of the Florida Constitution as specifically
stated in any of the following statutes or as they may be amended or renumbered:
(i) – (xxiii) [No Change]...
CopyPublished | Supreme Court of Florida
...[name of person or
agency],.....(name of person or agency)..... hereby gives notice to the records repository of the
Secretary of State that certain delivered records are confidential or exempt from the requirements
of section 119.07(1), Florida Statutes....
CopyAgo (Fla. Att'y Gen. 1987).
Published | Florida Attorney General Reports
subject to the Public Records Law, Ch. 119, F.S. Section
119.07(1)(a), F.S., requires the custodian of public
CopyPublished | Florida 2nd District Court of Appeal
...the Circuit Court for Pasco County; Gregory G. Groger, Judge.
Merlin D. Howard, pro se.
PER CURIAM.
Merlin Howard appeals from the order dismissing his "motion for
postconviction relief to enforce provisions of Florida's Public Records Act,
ch. 119.07, Fla....
...He
provided case number 2000-CF-2307 in the caption, recounted his
public records requests and the State Attorney's responses, and asked
the circuit court to hold a hearing to determine if the State Attorney had
withheld public records and, if so, issue an order requiring compliance
with section 119.07, Florida Statutes (2022)....
CopyPublished | Florida 1st District Court of Appeal
...no exempt or
confidential information is disclosed.
Custodians of public records are required to make them available for
inspection and copying at reasonable times under reasonable conditions.
8
§ 119.07(1)(a). Requests must be acknowledged promptly and responded to in
good faith. § 119.07(1)(c). A custodian has a duty to redact portions of public
records that are exempt, stating the basis “in writing and with particularity the
reasons for the conclusion that the record is exempt or confidential.”
§ 119.07(1)(d)-(f). A custodian may impose a statutorily-regulated fee for the cost
of copies. § 119.07(4)....
...use of information technology resources or the labor cost of the
personnel providing the service that is actually incurred by the
agency or attributable to the agency for the clerical and supervisory
assistance required, or both.
§ 119.07(4)(d); see, e.g., Colby, 976 So....
CopyAgo (Fla. Att'y Gen. 1984).
Published | Florida Attorney General Reports
open for a personal inspection by any person." Section
119.07(1)(a), F.S. (1982 Supp.), provides: Every
CopyPublished | District Court of Appeal of Florida | 1978 Fla. App. LEXIS 15045
authority to order a stay. It is our opinion that Section 119.-07(2)(a), Florida Statutes (1975), which states:
CopyPublished | Supreme Court of Florida
...(A) information described by any of subdivisions (c)(1)
through (c)(6) of this rule; and
(B) except as provided by court order, information subject to
subdivision (c)(7) or (c)(8) of this rule that is currently confidential or exempt from
section 119.07, Florida Statutes, and article I, section 24(a) of the Florida
-4-
Constitution as specifically stated in any of the following statutes or as they may
be amended or renumbered:...
CopyAgo (Fla. Att'y Gen. 1997).
Published | Florida Attorney General Reports
...33 Dear Mr. Erwin: You have asked for my opinion on substantially the following questions: 1. Do the provisions of section
364.24 , Florida Statutes, apply to the City of Lakeland when it acts in its capacity as a telecommunications company? 2. Does section
119.07 (3)(r), Florida Statutes (1996 Supp.), apply to records disclosed by the City of Lakeland when it acts in its capacity as a telecommunications company? In sum: 1....
...The City of Lakeland is certified as an alternative local exchange telecommunications company, and when it acts in its capacity as a telecommunications company it is subject to and governed by Chapter 364 , Florida Statutes, including section
364.24 , Florida Statutes. 2. Section
119.07 (3)(r), Florida Statutes (1996 Supp.), applies to telecommunications records of the City of Lakeland's telephone subscribers when such information is disclosed by the city in its capacity as a telecommunications company, and requires t...
...tuations not specifically recognized by the statute. 4 Question Two In addition to the provisions of Chapter 364 , Florida Statutes, which make specified records and information exempt from disclosure when it is held by a telecommunications company, section 119.07 (3)(r), Florida Statutes (1996 Supp.), makes certain records supplied by a telecommunications company to a governmental agency confidential and exempt from the Public Records Law....
...vernmental agency. Therefore, it is my opinion that telecommunications records of the City of Lakeland that contain the names, addresses and telephone numbers of the city's telephone subscribers must be maintained as confidential records pursuant to section 119.07 (3)(r), Florida Statutes (1996), when they are supplied by the city to another state or local governmental agency....
CopyPublished | Supreme Court of Florida
...We have also revised subdivision (b) of rule 12.007
(Confidentiality of Address) to clarify that, when a petitioner for a domestic
violence injunction requests that his or her address be kept confidential, this
information is exempt from the public records provisions of section 119.07(1),
Florida Statutes, and article I, section 24(a), of the Florida Constitution, and is a
confidential court record pursuant to Rule of Judicial Administration 2.420(d).
Subdivision (c) of rule 12.007 (Disclosure Prohibited) provide...
...(b) Confidentiality of Address. When a petitioner for domestic violence
injunction requests that his or her address be kept confidential pursuant to section
741.30, Florida Statutes, this information is exempt from the public records
provisions of section
119.07(1), Florida Statutes and article I, section 24(a), Florida
Constitution, and is a confidential court record under Rule of Judicial
Administration 2.420(d)....
CopyPublished | Supreme Court of Florida
...We have also revised subdivision (b) of rule 12.007
(Confidentiality of Address) to clarify that, when a petitioner for a domestic
violence injunction requests that his or her address be kept confidential, this
information is exempt from the public records provisions of section 119.07(1),
Florida Statutes, and article I, section 24(a), of the Florida Constitution, and is a
confidential court record pursuant to Rule of Judicial Administration 2.420(d).
Subdivision (c) of rule 12.007 (Disclosure Prohibited) provide...
...(b) Confidentiality of Address. When a petitioner for domestic violence
injunction requests that his or her address be kept confidential pursuant to section
741.30, Florida Statutes, this information is exempt from the public records
provisions of section
119.07(1), Florida Statutes and article I, section 24(a), Florida
Constitution, and is a confidential court record under Rule of Judicial
Administration 2.420(d)....
CopyAgo (Fla. Att'y Gen. 1987).
Published | Florida Attorney General Reports
or ongoing investigations of the committee. Section
119.07(3)(a), F.S., provides that all public records
CopyAgo (Fla. Att'y Gen. 1996).
Published | Florida Attorney General Reports
...was an internal investigation rather than a criminal investigation? In sum: 1. and 2. A police report of an investigation of a public employee that has been concluded is a public record and is not made confidential and exempt from the provisions of section 119.07 (1), Florida Statutes, by the fact that the same matter and individual are the subject of an ethics complaint pursuant to Part III, Chapter 112 , Florida Statutes, or because a copy of the police report may be included in information o...
...s powers to investigate complaints of ethics violations. 3. A police report of the criminal investigation of a police officer is a public record except to the extent that the report may contain active criminal investigative information as defined in section 119.07 (3)(d), Florida Statutes....
...t is forwarded to the Criminal Justice Standards and Training Commission pursuant to section
943.1395 , Florida Statutes. 5. Section
112.533 (2), Florida Statutes, does not apply to any public record that is exempt from public disclosure pursuant to section
119.07 (3), Florida Statutes, such as active criminal investigative or intelligence information. Thus, to the extent that the complaint against a law enforcement officer generates documents of the kind described in section
119.07 (3), Florida Statutes, the provisions of that section would control....
...These questions involve the confidentiality of police case files or reports after the active investigation by the police department is concluded. While material gathered by or made available to the Ethics Commission may be identical to that contained in the police reports, nothing in section
112.324 , Florida Statutes, or in section
119.07 (3), Florida Statutes, makes the police reports confidential and exempt from the Public Records Law after the police investigation is concluded....
...Therefore, no assertion may be made that the information is related to a pending prosecution or appeal. 2 Thus, the information may not be characterized as "active" criminal investigative information. While a determination must be made whether any specific exemption set forth in section 119.07 (3) may apply, no general provision for confidentiality of the entire report exists....
...It may be the case that the police report contains information revealing the identity of a confidential informant 3 or the home address of a law enforcement officer. 4 Such information must be deleted from the police report before it is released for public inspection and copying under s. 119.07 (1), but the exemption only applies to the specific information and the rest of the document must be made available....
...would apply. Section
112.324 (1), Florida Statutes (1994 Supp.), provides that "[a]ll proceedings, the complaint, and other records relating to the preliminary investigation as provided herein shall be confidential and exempt from the provisions of s.
119.07 (1), either until the alleged violator requests in writing that such investigation and records be made public records or the preliminary investigation is completed[.]" The confidentiality extended to records in this section applies to recor...
...the possession of other agencies of government. Therefore, it is my opinion that a police report of an investigation that has been concluded and is in the possession of the police department is not made confidential and exempt from the provisions of section 119.07 (1), Florida Statutes, by the fact that the same issue and the same individual are the subject of an ethics complaint pursuant to Part III, Chapter 112 , Florida Statutes, or because a copy of the police report may be included in infor...
...A complaint affidavit is forwarded to the State Attorney's Office and a decision to prosecute is made. A copy of the investigation is forwarded to the Criminal Justice Standards and Training Commission for review regarding any potential action to be taken on the officer's certification. As discussed above, section 119.07 (3)(d), would exempt active criminal investigative information or active criminal intelligence information from disclosure if this information is contained in a police report....
...g an officer's conduct. The statute requires that: The report of misconduct and all records or information provided to or developed by the commission during the course of an investigation conducted by the commission are exempt from the provisions of s. 119.07 (1) and s....
...The statute states that: (2)(a) A complaint filed against a law enforcement officer or correctional officer with a law enforcement agency or correctional agency and all information obtained pursuant to the investigation by the agency of such complaint shall be confidential and exempt from the provisions of s. 119.07 (1) until the investigation ceases to be active, or until the agency head or the agency head's designee provides written notice to the officer who is the subject of the complaint, either personally or by mail, that the agency [has concluded...
...he confidentiality of the complaint and information related thereto after conclusion of the internal investigation. However, section
112.533 (2), Florida Statutes, does not apply to any public record that is exempt from public disclosure pursuant to section
119.07 (3), Florida Statutes, such as active criminal investigative or intelligence information. 12 Thus, to the extent that the complaint against a law enforcement officer generates documents of the kind described in section
119.07 (3), Florida Statutes, the Public Records Law would control....
...the officer would cease to be active at the time of the officer's resignation and the exemption provided in that statute would no longer be applicable. However, the opinion stated that "any information generated which qualified as exempt pursuant to s. 119.07 (3), F.S....
...ed in a report of an internal investigation conducted pursuant to section
112.533 , Florida Statutes, the disclosure of such information is governed by provisions of the Public Records Law. Sincerely, Robert A. Butterworth Attorney General RAB/tgh 1 Section
119.07 (3)(d), Fla. Stat. (1995). 2 A "[c]riminal justice agency" for purposes of the Public Records Law is defined in s.
119.011 (4), Fla. Stat., to include a prosecutor. 3 Section
119.07 (3)(e), Fla. Stat. (1995). 4 Section
119.07 (3)(k)1., Fla. Stat. (1995). 5 Section
119.07 (2)(a) Fla....
...(1990 Supp.), ceases to be active at the time the officer resigns, and the exemption provided in s.
112.533 , F.S. (1990 Supp.), would no longer be applicable. Criminal investigative or criminal intelligence information, however, would continue to be exempt pursuant to s.
119.07 (3)(d), F.S. (1990 Supp.), until such time as such information was no longer active as defined in s.
119.011 (3)(d), F.S.). 13 As stated by the court in the Barfield case, supra note 4, [I]f the complaint generates documents of the kind described in section
119.07 (3), Fla....
CopyPublished | Florida 4th District Court of Appeal
...open for inspection and copying by any person. §
119.01(1), Fla. Stat.
(2016). Public custodians must allow a requested record to be inspected
and copied by “any person desiring to do so, at any reasonable time, [and]
under reasonable conditions.” §
119.07(1)(a), Fla....
CopyAgo (Fla. Att'y Gen. 2005).
Published | Florida Attorney General Reports
The reference to "reasonable conditions" in section
119.07(1), Florida Statutes, does not include anything
CopyPublished | Supreme Court of Florida
...ng victim expunction
under section
943.0583, Florida Statutes, must be maintained by
the clerk of court as confidential information. The recent statutory
change, effective July 1, 2023, provides that such filings are
confidential and exempt from section
119.07, Florida Statutes, and
article I, section 24(a) of the Florida Constitution....
...(B) Except as provided by court order, the clerk of
the court must maintain as confidential information subject to
-5-
subdivision (c)(7) or (c)(8) of this rule that is currently confidential
or exempt from section 119.07, Florida Statutes, and article I,
section 24(a) of the Florida Constitution as specifically stated in any
of the following statutes or as they may be amended or renumbered:
(i)-(xxiv) [no change]...
CopyPublished | Florida 4th District Court of Appeal | 2006 Fla. App. LEXIS 2492, 2006 WL 437506
...Duckworth’s principal contention was that section
322.125(4) provides that reports received or made by the board may not be divulged to anyone but the driver or applicant, or used as evidence in any trial, and are exempt from the public records provisions of section
119.07(1), except that they may be admitted in proceedings under section
322.271 (providing for administrative hearing on suspension, cancellation or revocation of license) or
322.31 (providing for administrative review of license denial, cancellation, suspension, or revocation)....
...er a person is qualified to be licensed are for the confidential use of the board or the department and may not be divulged to any person except the licensed driver or applicant or used as evidence in any trial, and are exempt from the provisions of §
119.07(1), except that the reports may be admitted in proceedings under § .322.271 or §
322.31....
CopyAgo (Fla. Att'y Gen. 1977).
Published | Florida Attorney General Reports
...Assuming that documents and records of a confidential nature provided by law enforcement agencies to the select committee fall within the `police secrets' rule, such documents and records when in the possession of the committee are exempt from the mandatory inspection provision of s. 119.07 (1), F....
...AS TO QUESTION 2: Florida Public Records Law, Ch. 119, F. S., states, generally, that all documents made or received by public officials in the course of conducting public business constitute public records which must be made available for public inspection and examination by any person. Section 119.07 (2)(a) recognizes that certain records have been `deemed by law' to be confidential and are thereby exempted from the mandatory inspection provisions of s. 119.07 (1)....
...law or to enable violators to escape detection. Attorney General Opinions 072-168, 073-166, and 075-9. Assuming the documents referred to in question 2 of your inquiry fall within the `police secrets rule,' then such documents would be exempted from s. 119.07 (1), F. S., by virtue of the application of said rule. As to the power of the Legislature to exempt by House or Senate rule legislative records not subject to the `police secrets rule' from s. 119.07 (1), see and compare Johnson v....
CopyAgo (Fla. Att'y Gen. 1990).
Published | Florida Attorney General Reports
duplication, absent specific statutory authority. Section
119.07(1)(a), F.S., in pertinent part, provides: Every
CopyAgo (Fla. Att'y Gen. 2007).
Published | Florida Attorney General Reports
and respond to a request for such records. Section
119.07(1)(a), Florida Statutes, provides that "[e]very
CopyAgo (Fla. Att'y Gen. 1975).
Published | Florida Attorney General Reports
business. . . . [Section
119.011(1), F.S.] Section
119.07(1), F.S., requires that the custodian of public
CopyPublished | Florida 1st District Court of Appeal
1028–29 (Fla. 1986), the supreme court held that section
119.07(3)(o), Florida Statutes (1984), which provided
CopyPublished | Florida 1st District Court of Appeal | 2013 WL 673650, 2013 Fla. App. LEXIS 2993
...inspection report. The University ultimately produced the requested records with partial redactions to obscure the physical housing location of the primates. The University maintained that this information was confidential and exempt under sections
119.071(3) and
281.301, Florida Statutes. The appellant argued below that the University improperly redacted the physical location of the primates under the exemption language in sections
119.071(3) and
281.301 as that language pertained to security system plans....
...part of a legitimate security plan.” As such, the trial court found that the University permissibly redacted the information that identified the facility or the location of the non-human primates as that information was exempted from disclosure by section 119.07(1)....
...s, surveys, recommendations, or consultations or portions thereof relating directly to or revealing such systems or information, and all meetings relating directly to or that would reveal such systems or information are confidential and exempt from ss.
119.07(1) and
286.011 and other laws and rules requiring public access or disclosure. Section
119.071(3) also exempts “security system plans,” which is defined to include all: a....
...ty of the facility or revealing security systems[.] Generally, the location of public facilities is subject to public disclosure under the Act. The statutes are replete with public records exemptions that protect addresses from disclosure. See e.g., § 119.071 (4)(d), Fla....
...storage facilities, or laboratories established, maintained, or regulated by the Department of Health as part of the state’s plan to defend against an act of terrorism.” Clearly the legislature did not view the exemptions of sections
281.301 and
119.071(3) as broad enough to protect those facilities directly engaged in anti-terrorism efforts from disclosure....
CopyAgo (Fla. Att'y Gen. 2008).
Published | Florida Attorney General Reports
...ls of a city council member relating to his public duties would be public records subject to the provisions of Chapter 119 , Florida Statutes. Chapter 119 , Florida Statutes, imposes various duties upon the custodian of a public record. For example, section 119.07 (1), Florida Statutes, provides: "(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....
...City of Port St. Lucie , 11 the Fourth District Court of Appeal considered who was responsible for responding to a public records request. The court concluded that regardless of whether or not the designated custodian was served with a records request, section 119.07 (1)(a), Florida Statutes, imposes a duty of disclosure upon "every person who has custody of a public record." The court subsequently clarified who is considered to have custody of a public record in Mintus v....
...The obligation is the same whether the information is sent as a letter or memo by hard copy or as an e-mail transmission. Official business e-mail transmissions must be treated just like any other type of official communication received and filed by the judicial branch." 9 Other provisions of section 119.07 , Fla. Stat., impose duties relating to public records on the custodian of public records. See, e.g. , s. 119.07 (2), Fla. Stat. (permitting remote electronic access to public records); s. 119.07 (3), Fla. Stat. (permitting photographing of public records); s. 119.07 (4), Fla....
CopyAgo (Fla. Att'y Gen. 1999).
Published | Florida Attorney General Reports
...de public in order to maintain the secrecy of the grand jury foreperson's identity? In sum: The Clerk of Court is not authorized to redact the name of a grand jury foreperson or the acting foreperson from an indictment after it has been made public. Section 119.07 (1), Florida Statutes, requires custodians of public records to allow inspection and copying of all documents, papers, letters or other material, regardless of the physical form, made or received in connection with the transaction of the official business of an agency....
...subject to public inspection and copying under the provisions of the Public Records Law. 4 Section
905.17 (1), Florida Statutes, specifically states in part: "The notes, records, and transcriptions are confidential and exempt from the provisions of s.
119.07 (1) and s....
...e indictment] shall be opened for public inspection." 7 Section
905.28 , Florida Statutes, recognizes the public nature of a grand jury's report. The Legislature has clearly created specific exemptions from the inspection and copying requirements of section
119.07 (1), Florida Statutes, for the notes, records, and transcriptions of grand jury proceedings....
CopyAgo (Fla. Att'y Gen. 1998).
Published | Florida Attorney General Reports
the Public Records Law? In sum: Pursuant to section
119.07(3)(v), Florida Statutes, medical information
CopyAgo (Fla. Att'y Gen. 1992).
Published | Florida Attorney General Reports
...y to be made. The law enforcement officer's supervisor shall, without charge, send a copy of the initial police report, which excludes victim/witness statements or other materials deemed to be a part of an active criminal investigation as defined in s.
119.07 (3)(d) , to the nearest locally certified domestic violence center within 24 hours of the agency's receipt of the report. 3 (e.s.) Information received by persons employed by or volunteering services to domestic violence centers through files, reports, inspections, or otherwise is confidential and exempt from s.
119.07 (1), F.S. 4 Section
741.29 (2), F.S., therefore, provides that the report sent to the domestic violence center exclude victim/witness statements or other material deemed to be part of the criminal investigation as defined in s.
119.07 (3)(d), F.S. Section
119.07 (3)(d), F.S., exempts active criminal intelligence information and active criminal investigative information from the disclosure provisions of s.
119.07 (1), F.S....
...6 Certain information, however, is not included within the above term. Pursuant to s.
119.011 (3)(c)2., F.S., criminal investigative information shall not include "[t]he name, sex, age, and address of a person arrested or of the victim of a crime except as provided in s.
119.07 (3)(h)." Thus, information revealing the identity of a victim of domestic violence normally would not constitute criminal investigative information. An exception is recognized, however, for information provided in s.
119.07 (3)(h), F.S. Section
119.07 (3)(h), F.S., states: Any criminal intelligence information or criminal investigative information including the photograph, name, address, or other fact or information which reveals the identity of the victim of the crime of sexual bat...
...se portions of court records, which may reveal the identity of a person who is a victim of any sexual offense, including a sexual offense proscribed in chapter 794, chapter 800, or chapter 827, is exempt from the provisions of subsection (1). (e.s.) Section 119.07 (3)(h), F.S., thus, reflects the Legislature's intent that criminal investigative information revealing the identity of a victim of sexual battery, of a lewd, lascivious or indecent assault upon or in the presence of a child, or of child abuse be exempt from the disclosure provisions of s. 119.07 (1), F.S....
...Section
741.29 (2), F.S., in providing that a copy of the domestic violence report be sent to the nearest certified domestic violence center, specifically states that the copy exclude information considered to be a part of the criminal investigation. Read together, ss.
119.011 (3) and
119.07 (3)(d) and (h), F.S., clearly indicate that information identifying victims of sexual battery, lewd, lascivious or indecent assault upon or in the presence of a child, or child abuse compiled by a criminal justice agency in the course of condu...
...a family, and persons who have a child in common regardless of whether they have been married or have resided together at any time." 3 See , s. 415.605, F.S., providing for certification of domestic violence centers. 4 Section 415.608, F.S. 5 See , s. 119.07 (1)(a), F.S., requiring every person who has custody of a public record to permit the record to be inspected and examined by any person desiring to do so, at any reasonable time, under reasonable conditions, and under supervision by the custodian of the public record or his designee....
CopyPublished | Florida 5th District Court of Appeal | 2014 WL 656734, 2014 Fla. App. LEXIS 2369
...to be construed narrowly and limited to their designated purpose.” Woolling v. Lamar,
764 So.2d 765, 767 (Fla. 5th DCA 2000). When requests for public records are made, the custodian “must” promptly respond to the request in “good faith.” §
119.07(l)(c), Fla....
...If the custodian concludes that the requested record is exempt from the Act and if an explanation is requested by the person seeking the record, the custodian “shall state in writing and with particularity the reasons for the conclusion that the record is exempt or confidential.” § 119.07(l)(f), Fla. Stat. (emphasis added). 1 If the custodian asserts that an exemption applies to “part of such record [the custodian] shall redact that portion ... and shall produce the remainder of such record ....” § 119.07(l)(d), Fla....
...eady and willing” to provide the records once Petitioner “[makes] arrangements for the redaction” of the exempt material. We are admittedly perplexed by this position. Besides the fact that it is directly contrary to the statutory directive of section 119.07(l)(d) that the custodian “shall” redact the record and “shall” produce the remaining portions, it strains credulity that the State with its vast resources lacks the technology to perform the redaction of video or audio cassettes, DVDs and reports....
...Although not essential to our holding, in order to give some guidance to the trial court when it conducts a hearing, we will address the substance of the claimed exemptions within the context of the limited-record, which does not include the disputed records. The State asserts that the records are exempt in part pursuant to section 119.071(2)(h)l....
...compiled” by law enforcement in the course of conducting a criminal investigation, “including, but not limited to information derived from laboratory tests, reports ... or ... surveillance.” It does not include, however, “[d]ocuments ... required by law ... to be given to the person arrested, except as provided in section
119.071(2)(h) ....” §
119.011(3)(c)5., Fla. Stat. Section
119.071(2)(h)l., in relevant part, exempts from public record disclosure “information” that reveals the identity of the victim of enumerated sexual offenses, and any “photograph, videotape, or image of any part of the body [whether or n...
...It does not differentiate between a child victim and an adult victim. Reading these sections of the statute together leaves little doubt that some of the materials sought by Petitioner must be redacted. 3 The more difficult question involves the application of section 119.071(2)0)2., which creates a specific exemption from disclosure for “information” that reveals the identity of a minor victim contained in the “videotaped statement of a minor” victim of enumerated sexual offenses. Section 119.071(2)(j)2.a. is specific as to identity information contained within videotaped statements of minor victims. Section 119.071(2)(h), on the other hand, is a more general exemption addressing various types of “criminal investigative information,” including those records that contain identity information or images of victims of sexual offenses....
...Although the two statutes overlap to some extent, for purposes of our analysis, the specific statute controls over the more general statute. See Parker v. Baker,
499 So.2d 843, 845 (Fla. 2d DCA 1986) (when different statutes embrace one subject, specific controls over general). Section
119.071(2)0)2.b....
...dant.” The State makes two coun- *681 terarguments. First, it argues that Petitioner is no longer the “defendant” because the prosecution had concluded and he is now a “convicted felon” and “incarcerated inmate.” Second, it argues that section 119.071(2)(j)2.a. serves a different function than section 119.071(2)(j)2.b., the latter being merely to establish a criminal penalty for the disclosure of protected material....
...statute in favor of narrowest construction of Public Records Act exemption). We likewise reject the State’s second counterargument. It argues that the sole purpose for section 119,071(2)(j)2.b. is to establish criminal penalties for a violation of section 119.071(2)(j)2.a....
...Accordingly, the State argues that the exclusion for the defendant and others is only meant to be an exclusion from criminal penalties, not the disclosure itself. Although this construction is plausible, we do not view it as the most obvious construction and, clearly, it is not the only construction. Section 119.071(2)(j)2.b....
...Art. I, § 24, Fla. Const. The purpose of the exemption at issue here is to protect the identity of the victim, not the substance of the tape itself. It protects “information in a videotaped statement ... which reveals that minor’s identity.” § 119.071(2)(j)2.a., Fla. Stat. (emphasis added). Likewise, section 119.071(2)(j)2.b. prohibits the disclosure of “videotaped information that reveals the minor’s idéntity .... ” (Emphasis added). When only part of a record is protected, the custodian is obligated to redact the protected portion and furnish the remainder. § 119.07(l)(d), Fla....
...As to Petitioner’s second category of public records requested, if there is a *684 videotaped interview of the minor victim, an unredacted copy must be provided to defendant or his attorney. All of the other records should be redacted in accordance with section 119.071(2)(h)....
...final, then Petitioner may file a petition for writ of mandamus with this Court. We grant the State’s request to certify a question of great public importance but rephrase the question, as follows: DOES FLORIDA’S PUBLIC RECORDS ACT, SPECIFICALLY SECTION 119.071(2)(j)2.b., FLORIDA STATUTES (2013), REQUIRE A STATE AGENCY TO PROVIDE A CONVICTED, INCARCERATED INMATE WITH AN UNREDACTED COPY OF THE VIDEOTAPED STATEMENT OF THE MINOR VICTIM OF HIS OR HER CRIME? ORDER QUASHED; QUESTION CERTIFIED....
...There does not appear to be a specific remedy for a violation of this provision. The trial court can require the State to file an amended and more specific response to Petitioner's request. Weeks v. Golden,
764 So.2d 633, 635 (Fla. 1st DCA 2000). . Neither party favored us with a citation to section
119.07(l)(d)....
CopyAgo (Fla. Att'y Gen. 2002).
Published | Florida Attorney General Reports
...ection (6) of the statute for the establishment, membership, and duties of the community alliances. 11 Alliance meetings are open to the public pursuant to the Government in the Sunshine Law and records of these groups are public records pursuant to section 119.07 (1), Florida Statutes....
CopyAgo (Fla. Att'y Gen. 2000).
Published | Florida Attorney General Reports
unfettered access while safeguarding the records. Section
119.07(1), Florida Statutes, requires custodians of
CopyPublished | Florida 4th District Court of Appeal | 2000 Fla. App. LEXIS 907, 2000 WL 121794
...Finding that the District retained sufficient control over IRMH, Inc. and that the lease did not violate the Florida Constitution, the trial court ruled the lease was valid. The trial court found that the lease required IRMH, Inc. to comply with section
286.011(8), Florida Statutes (the Sunshine Law) and section
119.07(1) (the Public Records Act)....
CopyPublished | Florida 1st District Court of Appeal
...To
comply with that duty, “[e]very 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.” §
119.07(1)(a), Fla. Stat. (2022) (emphasis added).
By use of the term “reasonable” in section
119.07(1), the
Public Records Act contemplates there may be “reasonable
custodial delay necessary to retrieve a record and review and
excise exempt material.” Tribune Co. v. Canella,
458 So. 2d 1075,
1078 (Fla. 1984). So when a public records request is received, the
record custodian must review the records for any statutory
exemptions that may apply and make any required redactions. See
§
119.07(1)(d)–(f), Fla....
...arding the alien relocation.
This single part of the request alone would require the records
custodian to consult many government officials to determine
“whether such a record exists and, if so, the location at which the
record can be accessed.” § 119.07(1)(c), Fla....
CopyPublished | Florida 4th District Court of Appeal | 2003 Fla. App. LEXIS 1841, 2003 WL 355455
...blic records entirely located in one county is that such an action may be brought where the records are being kept and where access is being denied. AFFIRMED. WARNER, J., concurs. SHAHOOD, J., concurs in part and dissents in part with opinion. . See § 119.07(7), Fla....
CopyAgo (Fla. Att'y Gen. 1981).
Published | Florida Attorney General Reports
...and Records Management of the Department of State. AS TO QUESTION 1: Florida's Public Records Law, ch. 119 , F.S., requires the custodian of any `public record' to permit the inspection and examination of that record by any person desiring to do so. Section 119.07 (1)(a), F.S....
...graphs, 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.' See also s.
267.021 (2), F.S. Section
119.07 (3)(a), F.S., provides a limited exemption to access to public records for personal inspection and examination for those public records `which are presently provided by law to be confidential or which are prohibited from being inspected by the public . . . .' This provision has been interpreted as providing an exemption only for those records which the Legislature has expressly excepted from the inspection requirements of s.
119.07 (1). See Wait v. Florida Power and Light Co.,
372 So.2d 420 (Fla. 1979), and AGO 080-96. As you pointed out in your letter, such an express exemption is provided in s.
119.07 (3)(c) for `examination questions and answer sheets of examinations administered by a governmental agency for the purpose of licensure, certification, or employment . . . .' That same subsection contains a proviso or exception from the general exemption it (and s.
119.07 (3)(a), F.S.), provides which is that `....
...s. That opinion did not address and you are unsure as to whether an examinee also has the right to make or obtain a copy of his completed examination. For the following reasons, I conclude that an examinee has no such right. The first sentence of subsection 119.07 (3)(c), F.S., exempts specified examination question and answer sheets from the provisions of `subsection (1),' which is the subsection that requires public record custodians to permit persons desiring to do so to inspect and examine public records and to furnish them with copies or certified copies of those public records upon request and payment of the prescribed fees. The second sentence of subsection 119.07 (3)(c) operates to give certain persons ( i.e ., examinees) the right `to review' certain public records not otherwise available to other persons ( i.e ., their own completed examinations)....
...Fla., 1976). `Review' is defined as meaning: to view or see again; to go over or examine critically or deliberately; the act of inspecting or examining. Webster's Third New International Dictionary 1944 (1966 ed.). Thus, the exception set forth in s. 119.07 (3)(c) operates to allow an examinee to inspect and examine, or review, his own completed examination and the corresponding examination question and answer sheets. It does not purport to grant any right to an exemption or exception from the general exemption or prohibition set forth in s. 119.07 (3)(a) and the first sentence of s. 119.07 (3)(c) — i.e ., the examinee has no right to make or obtain copies of his completed examination or the examination question and answer sheets. To read s. 119.07 (3)(c) to imply a right of an examinee to make or obtain copies of his own completed examination and the corresponding examination questions would fly in the face of the plain language of the statute and the rules of statutory construction discussed above....
...he right of an examinee to review his own completed examination. Generally speaking, public records must be made available for inspection and examination by any person `at reasonable times, under reasonable conditions, and under supervision . . . .' Section
119.07 (1)(a), F.S. Cf . s.
119.01 , F.S., all records shall at all times be open for a personal inspection by any person. Unlike s.
119.07 (1)(a), however, s.
119.07 (3)(c), F.S., does not purport to grant the custodian of the examinations which are the subject of your inquiry any right to place reasonable time limitations upon the inspection of those examinations....
...267.031 (4), 267.051(8), F.S). See also s. 119.09, F.S. The examination and answer sheets which are the subject of this opinion are public records as that term is defined ss.
119.011 (1) and
267.021 (2), F.S., and as it is used in ss. 119.041 and 267.051, F.S. Subsection
119.07 (3)(c) exempts those examination and answer sheets from the operation of s.
119.07 (1) but it does not exempt them from the operation of ss....
CopyPublished | Supreme Court of Florida
...[name of person or
agency],.....(name of person or agency)..... hereby gives notice to the records repository of the
Secretary of State that certain delivered records are confidential or exempt from the requirements
of section 119.07(1), Florida Statutes....
CopyAgo (Fla. Att'y Gen. 2010).
Published | Florida Attorney General Reports
closed when considering confidential material.10 Section
119.07(7), Florida Statutes, clearly provides that
CopyPublished | District Court of Appeal of Florida
respond to public records requests “in good faith.” §
119.07(1)(c), Fla. Stat. (2021). The court shall award
CopyAgo (Fla. Att'y Gen. 2001).
Published | Florida Attorney General Reports
...s office's opinion on this issue. It is a general policy of this state that the records of the state and local government shall be open for inspection by any person. 1 Such a right of access is now recognized in our State Constitution. 2 Pursuant to section 119.07 (1)(a), Florida Statutes, every person having custody of a public record "shall permit the record to be inspected and examined by any person desiring to do so, at any reasonable time, under reasonable conditions, and under supervision...
...with the transaction of official business are subject to disclosure. 3 Section
97.0585 , Florida Statutes, provides: "(1) All declinations to register to vote made pursuant to ss.
97.057 and
97.058 are confidential and exempt from the provisions of s.
119.07 (1) and s....
...I of the State Constitution and may be used only for voter registration purposes. (2) Information relating to the place where a person registered to vote or where a person updated a voter registration is confidential and exempt from the provisions of s. 119.07 (1) and s. 24(a), Art. I of the State Constitution; and a voter's signature, social security number, and telephone number may not be copied and are exempt for that purpose from the provisions of s. 119.07 (1) and s....
...nd does not apply to or exempt the voters' and witnesses' signatures on the voter's certificate located on the back of the absentee ballot envelope. Sincerely, Robert A. Butterworth Attorney General RAB/tjw 1 Section
119.01 (1), Fla. Stat. And see , s.
119.07 (1)(a), Fla....
CopyAgo (Fla. Att'y Gen. 1999).
Published | Florida Attorney General Reports
information is confidential. Question Three Section
119.07(1)(a), Florida Statutes, provides that "[e]very
CopyPublished | Florida 3rd District Court of Appeal | 2004 WL 305781
...Friend opposes the unsealing of the dissolution file on several grounds. After careful consideration and review of appellant's position, we find none of the arguments sufficient to overcome the well established right of public access to court proceedings and records. See, e.g., Art. I, § 24, Fla. Const.; § 119.07, Fla....
CopyAgo (Fla. Att'y Gen. 1991).
Published | Florida Attorney General Reports
the public record or his designee. . . ."1 Section
119.07(3)(a), F.S., however, provides that all public
CopyPublished | Florida 2nd District Court of Appeal | 14 Fla. L. Weekly 2836, 1989 Fla. App. LEXIS 6855, 1989 WL 147990
...t, however, to the confidentiality provisions of section
316.066(4), Florida Statutes (1987). Accordingly, we remanded that case to the trial court with instructions that such accident reports must be furnished for inspection and copying pursuant to section
119.07(1)(a), but that the custodian of such records should delete or otherwise excise from any such records furnished information made confidential by reason of section
316.066(4)....
CopyPublished | Florida 4th District Court of Appeal | 2006 WL 3498576
...The court agreed with the Department that the DPPA does not confer a private right of action to seek declaratory relief or to enforce the act against the State or its agencies. The trial court also ruled that the claim for declaratory and injunctive relief relative to section 119.07(6)(aa)12., Florida Statutes (2004), which conformed Florida law to DPPA, was insufficient because there was no allegation that the Department was failing to comply with the statute as amended....
CopyAgo (Fla. Att'y Gen. 1995).
Published | Florida Attorney General Reports
exemptions from the disclosure requirements of section
119.07, Florida Statutes. Part III of Chapter 401
CopyAgo (Fla. Att'y Gen. 1997).
Published | Florida Attorney General Reports
communicate, or formalize knowledge of some type."2 Section
119.07(1)(a), Florida Statutes, requires the custodian
CopyAgo (Fla. Att'y Gen. 1989).
Published | Florida Attorney General Reports
...Butterworth Attorney General 1 Section
28.223 (2), F.S. And see, s.
28.222 (1), F.S., providing that the clerk is the county recorder of all instruments which are required or authorized by law to be recorded in the county in which the clerk serves. 2 Section
28.223 (3), F.S. 3 Section
119.07 (1)(a), F.S....
CopyAgo (Fla. Att'y Gen. 1990).
Published | Florida Attorney General Reports
software on file with the Department of State. Section
119.07(3)(q), F.S.,3 in part, provides: Data processing
CopyAgo (Fla. Att'y Gen. 1990).
Published | Florida Attorney General Reports
Mr. Wayland R. Clifton, Jr. Chief of Police City of Gainesville Post Office Box 1250 Gainesville, Florida 32602 Dear Chief Clifton: You have asked for my opinion on substantially the following question: Does the exemption provided by s. 119.07 (3)(h), F.S., for the identity of the victim of the crime of child abuse apply if the victim dies from such child abuse? In sum: Reading s. 119.07 (3)(h), F.S., together with s....
...Charges of murder and aggravated child abuse have been filed in this matter. The department is reluctant to reveal the identity of the dead child based on an exemption from the Public Records Law for records which reveal the identity of a victim of the crime of child abuse. Section 119.07 (3)(h), F.S., provides that: Any criminal intelligence information or criminal investigative information including the photograph, name, address, or other fact or information which reveals . . . the identity of the victim of the crime of child abuse as defined by chapter 827 1 . . . is exempt from the provisions of [s. 119.07 (1), F.S.]....
...2 However, when two statutes relate to common things or have a common or related purpose, they are said to be parimateria, and where possible, that construction should be adopted which harmonizes and reconciles the statutory provisions so as to preserve the force and effect of each. 3 Thus, it is appropriate to read s. 119.07 (3)(h), F.S., with those statutory provisions relating to protection from abuse, neglect, and exploitation contained in Ch....
...elfare, all records concerning reports of child abuse or neglect, including reports made to the central abuse registry and tracking system and all records generated as a result of such reports, shall be confidential and exempt from the provisions of s. 119.07 (1) and shall not be disclosed except as specifically authorized by ss....
...406.11 and shall report his findings, in writing, to the local law enforcement agency, the appropriate state attorney, and [the Department of Health and Rehabilitative Services]. Autopsy reports maintained by the medical examiner shall not be subject to the confidentiality requirements provided for in s. 415.51. To read s. 119.07 (3)(h), F.S., to exempt the identity of a victim of child abuse whose death results from such abuse from the Public Records Law would be inconsistent with s. 415.504(3), F.S., making such information public. Thus, in order to harmo-nize the exemption in s. 119.07 (3)(h), F.S., with the public nature of autopsy reports of death by child abuse contained in s....
...415.504(3), F.S., the former should not be read to apply to the identity of a child whose death results from suspected child abuse.[4] Sincerely, Robert A. Butterworth Attorney General RAB/tgh 1 Chapter 827 , F.S., relates to the abuse of children and provides criminal penalties therefore. 2 Section 119.07 (3)(h), F.S., was enacted by s....
CopyPublished | Florida 5th District Court of Appeal | 10 Fla. L. Weekly 70, 1984 Fla. App. LEXIS 16237
...The underlying discovery question here sought to be presented by certiorari review of an interlocutory trial order, and which we do not now reach, is whether documents protected by the attorney-client privilege (see §
90.502(2), Fla.Stat.) are exempt from the disclosure requirements of the Public Records Act (see §
119.07(3)(a), Fla.Stat.)....
CopyAgo (Fla. Att'y Gen. 1989).
Published | Florida Attorney General Reports
management would qualify as a public record. Section
119.07(1), F.S., provides, in pertinent part, as follows:
CopyPublished | Florida 1st District Court of Appeal | 80 Lab. Cas. (CCH) 54, 078
...447.503(1) through (3)(a), F.S. 1975. The preliminary investigation was still in progress when the City's petition for mandamus was submitted. The City urges that the investigation records are "public records" which, by virtue of the Public Records Act, § 119.07, F.S....
...Assuming that the investigative materials of a law enforcement agency are exempt from public disclosure because they are, in the terms of the Public Records Act, "public records which presently are provided by law to be confidential or which are prohibited from being inspected by the public," § 119.07(2)(a), F.S....
...gatory materials in order to present a meaningful appeal for reinstatement of a dismissed charge, no reason appears why other interested parties or any other person desiring access to the public records should not have it simultaneously by virtue of § 119.07....
...nvestigation to be so compromised. The Public Records Act does not mandate such intrusions into the Commission's preliminary investigation, for it grants public access to the records only "at reasonable times [and] under reasonable conditions." Sec. 119.07(1)....
...sclosure are then fulfilled without detriment to the investigatory process. If the Commission or its agent permits a preliminary investigation to languish unreasonably, postponing without justification disclosure of public records discoverable under § 119.07, an appropriate application for disclosure may be made to the Commission and its determination reviewed by a district court of appeal....
...We believe this decision is consistent with Gannett Co., Inc. v. Goldtrap,
302 So.2d 174 (Fla.2d DCA 1974), holding that a written appraisal report, obtained by the county in connection with negotiations for property acquisition, is a public record which must be disclosed under §
119.07 notwithstanding negotiations continued at the time of the disclosure demand....
CopyAgo (Fla. Att'y Gen. 1990).
Published | Florida Attorney General Reports
Barry A. Morris, Ph.D. Chairperson, Statewide Human Rights Advocacy Committee 1317 Winewood Boulevard Building 1, Room 400 Tallahassee, Florida 32399-0700 Dear Dr. Morris: You ask substantially the following question: Do the recent amendments to ss. 119.07 and 415.51, F.S., by Ch....
...90-306, Laws of Florida, permit the Statewide Human Rights Advocacy Committee to release information from its own investigative reports related to the death of a client of the Department of Health and Rehabilitative Services by abuse or neglect? In sum, I am of the opinion: The recent amendment to ss. 119.07 and 415.51, F.S., by Ch....
...uman rights shall be exempt from the provisions of chapter 119 and shall be considered and held confidential. . . . All records prepared by members of the committee which reflect a mental impression, investigative strategy, or theory are exempt from s. 119.07 (1) until completion of the investigation. . . . Section 24, Ch. 90-306, Laws of Florida, adds subsection (7) to s. 119.07 , F.S., to provide in part: Notwithstanding the provisions of paragraph (3)(a), any person or organization, including the Department of Health and Rehabilitative Services, may petition the court for an order making public the records of the...
...e as the court finds there is probable cause to believe the person identified committed the act of abuse, neglect or abandonment. In construing a statute, each part should be construed in connection with every other part or section of the statute. 6 Section 119.07 (7), F.S....
...(1990 Supp.), creates a procedure for opening otherwise confidential records of HRS. Subsection (7)(b) of the statute establishes a presumption for such proceedings when the death of the aged person, disabled adult or child has occurred. Thus, the reference in s. 119.07 (7)(b), F.S., for "full public disclosure of the circumstances of the investigation of the death and any other investigation concerning" the aged person, disabled adult or child relates, in my opinion, to investigations by HRS. I find nothing in the statute which provides for, or otherwise relates to, the records of the human rights advocacy committees. Section 119.07 (7), F.S., as amended, however, does permit the committee, as well as any other person or organization including HRS, to petition the court for an order to open HRS's records....
...415.504, F.S., HRS is responsible for investigating reports of child abuse or neglect. 8 Thus, the records referred to in s. 415.51, F.S., as amended, would appear to refer to those reports contained in the investigation records of HRS which have been classified as confirmed. Accordingly, the recent amendments to ss. 119.07 and 415.51, F.S., by Ch....
...lating to the identity of any client or individual providing information to the committee about abuse or deprivation of rights confidential and exempt from Ch. 119 , F.S. However, when the confidentiality of HRS records has been removed pursuant to ss.
119.07 (7) or 415.51, F.S., as amended, such HRS records received by the committee are no longer exempt pursuant to s.
402.165 (8), F.S., as information or records "otherwise made confidential by law." Such information or records, therefore, may be released by the committee once the HRS records have been opened pursuant to s.
119.07 (7), F.S., or s....
...ing individuals, would not be subject to disclosure by the committee. 9 Records prepared by members of the Statewide Human Rights Advocacy Committee which reflect a mental impression, investigative strategy or theory would continue to be exempt from s. 119.07 (1), F.S., until the completion of the investigation.[10] Sincerely, Robert A....
...119.01 (1), F.S., and includes the need for citizens to know of and adequately evalu-ate the actions of the Department of Health and Rehabilitative Services and the court system in protecting aged persons, dis-abled adults and children of this state. Section 119.07 (7)(a), F.S., as amended. 4 See, s. 119.07 (b)1....
...rmined," or "unfounded." And see, s. 415.504(3), F.S., which provides that in cases where the child has died as a result of suspected child abuse or neglect, the person is required to report his suspicions to the appropriate medical examiner. 9 See, s. 119.07 (7)(c), F.S., and s....
CopyPublished | District Court of Appeal of Florida | 1996 Fla. App. LEXIS 13239, 1996 WL 727144
...The record shows that appellant did not make a proper public records request either of the clerk of the court or the state attorney prior to filing the motions. As it would be improper to order an agency to produce records before it has had an opportunity to comply, the motions were properly denied. See § 119.07(1), Fla....
CopyAgo (Fla. Att'y Gen. 1975).
Published | Florida Attorney General Reports
are not otherwise prescribed by some statute. Section
119.07(1), F.S., as amended by s. 4, Ch. 75-225, Laws
CopyPublished | Florida 4th District Court of Appeal
...tion produced or derived
from fact-finding or investigations conducted pursuant to the
administrative procedure established by ordinance by a local
government as authorized by s.
112.3187(8)(b) is confidential
and exempt from s.
119.07(1) and s....
...gross neglect of duty.
Thus, to qualify for an exemption from a public records request, the
information received by a local official must involve gross mismanagement,
waste of public funds or neglect of duty, and that the investigation is
active. Since section 119.07(1), Florida Statutes (2017), deals with the
obligation of the custodian of public records to produce records upon
request, the plain meaning of the statute authorizes the custodian to
withhold such documents when the investigation is a...
CopyAgo (Fla. Att'y Gen. 1997).
Published | Florida Attorney General Reports
are subject to inspection and copying under section
119.07(1), Florida Statutes. 2. Custodians of public
CopyPublished | Florida 1st District Court of Appeal | 2016 Fla. App. LEXIS 18501
...Section
409.913(12) provides in pertinent part as follows: "The complaint and all information obtained pursuant to an investigation of a Medicaid provider ... relating to an allegation of fraud, abuse, or neglect are confidential and exempt from the provisions of s.
119.07(1) ....’’ Section
119.07(1), Florida Statutes, appears in Florida’s Public Records Act....
CopyAgo (Fla. Att'y Gen. 2003).
Published | Florida Attorney General Reports
a fee in excess of the costs authorized by section
119.07(1), Florida Statutes, for autopsy photographs
CopyAgo (Fla. Att'y Gen. 2003).
Published | Florida Attorney General Reports
...unconstitutional; the legislatively stated purpose for passage of the act was to protect the identity of victims of sexual crimes. 2 Additional confusion may arise due to the exempt treatment of any records identifying victims of sexual crimes under section 119.07 (3)(f), Florida Statutes. The Crime Victims Protection Act (act) amended section 119.07 (3)(h), Florida Statutes (1994 Supplement), to expand the exemption from public disclosure to those portions of court proceedings that could reveal the identity of specified crime victims. Previously, only court records revealing such information had been exempted from disclosure. Section 119.07 (3)(h), now renumbered as 119.07 (3)(f), Florida Statutes, provides: "Any criminal intelligence information or criminal investigative information including the photograph, name, address, or other fact or information which reveals the identity of the victim of the crime of sex...
...leged offense or to any person other than the defendant, the defendant's attorney, a person specified in an order entered by the court having jurisdiction of the alleged offense, or organizations authorized to receive such information made exempt by s. 119.07 (3)(f), or to a rape crisis center or sexual assault counselor, as defined in s....
...spectfully defer to the judiciary's interpretation and application of its own rules, it would appear that the plain language of Rule 2.051 recognizes the confidential nature of the identity of victims of sexual victims afforded by the Legislature in section 119.07 (3)(f), Florida Statutes....
...t to other branches of government; Ch. 119 , Fla. Stat., does not apply to such records). 7 Rule 2.051(c)(7), Fla.R.Jud.Admin. See, Florida Publishing Co. v. State ,
706 So.2d 54 (Fla. 1st DCA 1998), rev. dismissed ,
717 So.2d 531 (Fla. 1998). 8 See s.
119.07 (3)(s)2., Fla. Stat, providing that identifying information in a videotaped statement of a minor who is alleged to be or who is a victim of a sexual offense is confidential, and s.
119.07 (4), Fla....
CopyAgo (Fla. Att'y Gen. 1996).
Published | Florida Attorney General Reports
...The Legislature, however, may wish to clarify the language contained in section
455.229 . Section
455.229 (1), Florida Statutes, provides: "All information required by the [Department of Business and Professional Regulation] . . . of any applicant shall be a public record and shall be open to public inspection pursuant to s.
119.07 , except financial information, medical information, school transcripts, examination questions, answers, papers, grades, and grading keys, which are confidential and exempt from s.
119.07 (1) and shall not be discussed with or made accessible to anyone except members of the board, the department ....
...Stat., makes it a misdemeanor of the first degree for any officer, employee, or person under contract with the Department of Business and Professional Regulation or the Agency for Health Care Administration, or any board therein to knowingly convey knowledge or information that is exempt from section 119.07 (1), Fla....
CopyPublished | Florida 5th District Court of Appeal | 2014 Fla. App. LEXIS 20155, 2014 WL 6990570
...cause it never “refused” to comply with the request but simply did not “copy the records as quickly as [Appellee] wanted.” It further argued that, although it is obligated to furnish copies upon request and upon payment of costs, pursuant to section 119.07(4), Florida Statutes, a violation of that provision does not give rise to a claim for fees because the fee statute only authorizes fees when the agency fails to “permit a public record to be inspected and copied.” In other words, A...
CopyPublished | Florida 1st District Court of Appeal
...is not sufficient to take the case to trial.” (Emphasis in original).
Three days later, the Department responded to the show
cause order, conceding that section
286.011(8) was not applicable
and asserting for the first time that the applicable exemption was
provided by section
119.071(1)(d)1., Florida Statutes, which
temporarily exempted attorney work product until the conclusion
of the adversarial administrative proceeding....
...Although the Department initially asserted
that the document was an attorney-client communication exempt
from disclosure under section
286.011(8), Florida Statutes (2015),
it subsequently conceded that section
286.011(8) was not
applicable. Instead, it asserted that the Henderson memorandum
was properly withheld under section
119.071(1)(d)1., Florida
Statutes (2015), which provides in pertinent part:
A public record that was prepared by an agency attorney
(including an attorney employed or retained by the
agency or employed or retained by another publ...
...exclusively for civil or criminal litigation or for
adversarial administrative proceedings, or that was
prepared in anticipation of imminent civil or criminal
litigation or imminent adversarial administrative
proceedings, is exempt from s. 119.07(1) and s....
...attorney’s fees and costs. Schweickert v. Citrus Cty. Fla. Bd.,
193
So. 3d 1075, 1079 (Fla. 5th DCA 2016); Mazer v. Orange Cty.,
811
So. 2d 857, 859 (Fla. 5th DCA 2002).
Appellant claims that the Department could not withhold the
Henderson memorandum under section
119.071(1)(d)1....
...not negate the adversarial nature of the administrative
proceedings because the probable cause panel was authorized
under section
455.225(2) to continue the prosecution regardless of
Henderson’s recommendation.
B.
The section
119.071(1)(d)1....
...1st DCA 2014) (“[T]he
decision-making strategy and opinions behind petitioner’s
proposal for settlement includes ‘opinion’ work product, which is
never discoverable.”).
C.
Even if the exemption of section 119.071(1)(d)1. was
applicable to Henderson’s memorandum, Appellant asserts that
the Department violated the Public Records Act by failing to reveal
that the document existed and by failing to provide it to Appellant
in a redacted form. In doing so, she cites section 119.07(1), Florida
Statutes (2015), which provides in pertinent part:
(d) A person who has custody of a public record who
asserts that an exemption applies to a part of such record
shall redact that portion of the record to...
...lower court and the specific legal argument or ground to be argued
on appeal must be part of that presentation if it is to be considered
preserved).
III.
Because the Department did not improperly withhold the
Henderson memorandum under section 119.071(1)(d)1., Appellant
was not entitled to attorney’s fees and costs. See § 119.071(1)(d)2.,
Fla....
CopyPublished | Florida 3rd District Court of Appeal
...discretionary act, and those in custody of public records must permit records
“to be inspected and copied by any person desiring to do so, at any
reasonable time, under reasonable conditions,” we conclude HRDC properly
alleged a violation of Florida’s Public Records Act. § 119.07(1)(a), Fla....
CopyPublished | Florida 1st District Court of Appeal
...DOC denied both requests, stating that the requested video
recordings were confidential and exempt from Florida’s public
records laws. Specifically, DOC claimed that the footage fell
under the “security plan” exemption to Florida’s public disclosure
laws. §§
119.071(3)(a) &
281.301(1), Fla....
...the security plan
exemption and were exempt from public disclosure.
In April 2016, the Miami Herald filed a motion for
reconsideration asking that the trial court reassess its order due
to the legislature’s then-recent amendments to sections
119.071(3)(a)3.d....
...2 The
applicable statutes provide exceptions to exemption, and in 2016,
the Legislature added a provision to the exceptions permitting
disclosure “[u]pon a showing of good cause before a court of
competent jurisdiction.” Ch. 2016-178, §§ 1 and 2, Laws of Fla.
(codified at §
119.071(3)(a)3.d.; §
281.301(2)(d), Fla. Stat.).
2 Section
119.071(3)(a), Florida Statutes exempts from public
disclosure “[r]ecords, information, photographs, audio and visual
presentations ....
...firesafety systems for any property owned by or leased to the
state or any of its political subdivisions, and information relating
to the security or firesafety systems for any privately owned or
leased property which is in the possession of any agency” from
disclosure under section 119.07(1), Florida Statutes.
3
The Fourth District recently addressed the application of
this “good cause” exception....
CopyAgo (Fla. Att'y Gen. 1995).
Published | Florida Attorney General Reports
...evious conclusions in Attorney General's Opinion 93-60. In that opinion, this office was asked to determine whether a tape recording of a "911" call in the possession of the county emergency services department was exempt from disclosure pursuant to section 119.07 (3)(d), Florida Statutes, if the call was subsequently transferred to a law enforcement agency....
...hone number, or personal information about, or information which may identify any person requesting emergency service or reporting an emergency by accessing an emergency telephone number "911" system is confidential and exempt from the provisions of s. 119.07 (1), except that such record or information may be disclosed to a public safety agency....
...hese recordings. Nor is there any language in section
365.171 , Florida Statutes, which indicates that the Legislature meant to defeat the application of any other exemption or confidentiality provision to information contained in a "911" recording. Section
119.07 (3)(d), Florida Statutes, exempts active criminal intelligence and active criminal investigative information from the disclosure requirements of Chapter 119 , Florida Statutes....
...(c) "Criminal intelligence information" and "criminal investigative information" shall not include: 1. The time, date, location, and nature of a reported crime. 2. The name, sex, age, and address of a person arrested or of the victim of a crime except as provided in s. 119.07 (3)(h). 3. The time, date, and location of the incident and of the arrest. 4. The crime charged. 5. Documents given or required by law or agency rule to be given to the person arrested, except as provided in s. 119.07 (3)(h), and, except that the court in a criminal case may order that certain information required by law or agency rule to be given to the person arrested be maintained in a confidential manner an exempt from the provisions of s. 119.07 (1) until released at trial if it is found that the release of such information would: a....
...ustice agency in an effort to anticipate criminal activity. Criminal investigative information refers to information compiled by a criminal justice agency in the course of conducting an investigation of a specific act or omission. 5 The exemption in section 119.07 (3)(d), Florida Statutes, for active criminal investigative and intelligence information represents a "codification of the common law Police Secrets Rule developed by the Florida courts to exempt police investigatory and intelligence i...
CopyAgo (Fla. Att'y Gen. 1999).
Published | Florida Attorney General Reports
...ethnic, racial, and economic community served by the school, who in most instances are elected by their peers. Thus, while a number of the members of the council may be school officials, membership on the board does not make one a school official. 8 Section 119.07 (1)(a), Fla....
CopyPublished | District Court of Appeal of Florida | 1994 Fla. App. LEXIS 7812, 1994 WL 406020
...ority in litigation against a client represented by Smith & Williams. The Authority eventually delivered its documents to Smith & Williams, but not before “blocking out” most notations. In redacting its records, the Authority relied upon section 119.07(3)(n), Florida Statutes (1991), a provision in the public records law exempting the work product of an agency attorney....
...1 In our judgment, the trial court relied upon the wrong statute. The attorney’s fee provision operative in the present setting is found in section 119.-07(3)(n), 2 the very statute empowering the Authority to purge portions of the documents requested by Smith & Williams. *218 With the enactment of section 119.07(3)(n), the Florida Legislature created a limited privilege against disclosure encompassing the work product of agency attorneys....
...The statute provides, however, that “[i]f a court finds that the document or other record has been improperly withheld under this paragraph, the party seeking access to such document or record shall be awarded reasonable attorney’s fees and costs” incurred in securing disclosure. § 119.07(3)(n), Fla.Stat....
...The Authority, by substantially redacting the requested invoices, “improperly withheld” certain nonexempt material from Smith & Williams. As a result, the Authority is liable for the costs incurred by the law firm in obtaining disclosure. In our view, the inclusion of an attorney’s fee sanction in section 119.07(3)(n) was prompted by the legislature’s concern that government entities might claim the work product privilege whenever public access to their records is demanded. 3 With the enactment of section 119.07(3)(n), an agency’s refusal to produce the so-called “work product” of its attorney might initially be lawful, but if such refusal is ultimately determined to be “improper,” as occurred here, the exemption does not apply. Any other conclusion would render the attorney’s fee language of section 119.07(3)(n) meaningless....
...mines that such agency unlawfully refused to permit a public record to be inspected, examined, or copied, the court shall assess and award, against the agency responsible, the reasonable costs of enforcement including reasonable attorney’s fees. . Section 119.07(3)(n) provides: A public record which was prepared by an agency attorney (including an attorney employed or retained by another public officer or agency to protect or represent the interests of the agency having custody of the record)...
...eking access to such document or record shall be awarded reasonable attorney’s fees and costs in addition to any other remedy ordered by the court. . Our research has disclosed no Florida decision passing upon the attorney's fee provision found in section 119.07(3)(n).
CopyPublished | Florida 3rd District Court of Appeal
...Cohen, for
appellant.
David J. Winker, P.A., and David J. Winker, for appellee.
Before LOGUE, SCALES, and HENDON, JJ.
LOGUE, J.
Miami Dade College (“MDC”) appeals a final order of the trial court
denying its motion to collect fees under section 119.07(4), Florida Statutes,
for the production of public records requested by Nader + Museu I, LLLP
(“Nader”). 1 MDC sought an award of $201,087.95 in attorneys’ fees and
costs as a “special service charge” under section 119.07(4)(d) for the costs
it incurred after it hired outside counsel to defend against Nader’s petition for
writ of mandamus to compel production of the public records. We affirm
because MDC failed to provide Nader with an estimate or invoice of the
anticipated cost of producing the public records prior to production, violating
both its own policies and procedures and the language of section 119.07(4).
The underlying action arose from a public records request Nader made
to MDC in June of 2016, seeking documents concerning a public-private
solicitation for a development of MDC-owned property located in Miami-
Dade County....
....
The trial court ultimately granted Nader’s request for a writ of
mandamus. Following issuance of the trial court’s final order, MDC filed a
motion for award of attorneys’ fees and costs for the public records
production pursuant to section 119.07, advising Nader for the first time that
it sought $223,431.05 2 in fees for the production....
...2d DCA
2008) (“[A]n agency is required to follow its own rules.”); Fredericks v. Sch.
Bd. of Monroe Cnty.,
307 So. 2d 463, 465 (Fla. 3d DCA 1975) (“[A] public
agency . . . is bound to fully comply with its own rules and policies.”).
Similarly, section
119.07(4) provides that “[t]he custodian of public
records shall furnish a copy or a certified copy of the record upon payment
4
of the fee prescribed by law[,]” and provides a fee schedule for copies. See
§
119.07(4)(a)-(c). Section
119.07(4)(d), the provision under which MDC
sought fees, further provides that
If the nature or volume of public records requested to
be inspected or copied pursuant to this subsection is
such as to require...
...for the clerical and supervisory assistance required,
or both.
In Board of County Commissioners of Highlands County v. Colby,
976 So.
2d 31, 35 (Fla. 2d DCA 2008), the Second District held that the county could
collect an advance deposit of section
119.07(4)(d)’s special service charge
before conducting the search for the public records, as long as it was
reasonable and based on the labor cost that is actually incurred by or
attributable to the county, deeming it “prudent given t...
...MDC and its outside counsel still failed to provide Nader with an estimate of
the anticipated costs to fulfill the public record request, nor did the parties
ever agree in advance to a charge for the fulfillment as required by MDC’s
Procedure 2107, as well as section 119.07(4).
MDC nevertheless contends on appeal that the trial court erred in
allowing Nader to obtain public records without requiring it to pay a “special
service charge” set forth in section 119.07(4)(d), in the form of MDC’s
attorneys’ fees and costs incurred in responding to Nader’s public records
request through discovery in the underlying action....
...The searches yielded an extraordinary number of
results, so the parties met to refine the search terms. Id. at 1262. The
narrowed search terms nevertheless yielded a massive number of results.
Id. As the searches were performed, AHCA prepared invoices, which
included a special service charge under section 119.07(4)(d) to reimburse
AHCA for extensive use of its information technology and substantial clerical
and supervisory hours expended by agency personnel, and delivered them
to Zuckerman....
...ng the
records.” Id. (citing Morris Publ’g Grp., LLC v. State of Fla.,
154 So. 3d 528,
534 (Fla. 1st DCA 2015); Wootton v. Cook,
590 So. 2d 1039, 1040 (Fla. 1st
DCA 1991); Colby, 976 So. 2d at 37). The court explained that “the language
of section
119.07(4), Florida Statutes, dictate[d] that Zuckerman should be
required to pay for the cost of searching, review, and redaction of exempted
information prior to production” and held that the trial court “abused its
discretion by orde...
...This argument is similarly without merit, as it
fails to acknowledge MDC’s initial failure to provide Nader with an estimate
or invoice of the anticipated costs of production prior to the filing of the
underlying action. This initial failure to comply with the requirements of
MDC’s own Procedure 2107, as well as section 119.07(4)’s language
conditioning production of public records “upon payment of the fee
9
prescribed by law,” cannot be excused after the fact by an order of the trial
court.
More i...
...equested fees
based on MDC’s failure to provide Nader with an estimate or invoice of the
anticipated cost of production prior to producing the public records requested
contrary to MDC’s own policies and procedures, as well as the language of
section 119.07(4).
Affirmed.
10
CopyAgo (Fla. Att'y Gen. 2011).
Published | Florida Attorney General Reports
Chapter 2011-85, Laws of Florida, which created section
119.07(5)(j), Florida Statutes. You therefore ask
CopyAgo (Fla. Att'y Gen. 1974).
Published | Florida Attorney General Reports
exempts such information from Ch. 119, F.S. Section
119.07(2)(a). The prerogative of designating a public
CopyPublished | Florida 1st District Court of Appeal | 2016 Fla. App. LEXIS 12994, 2016 WL 4506121
...” in the records provided in response to Appellees’ public records request. We reverse for the reasons that follow. Factual and Procedural Background DOC provided heavily redacted records to Appellees in response to a public records request. See § 119.07(l)(d), Fla....
...agency’s claim that a public record is exempt from disclosure because the court recognized that the issue “is better left for. the legislature”),:review denied,
475 So.2d 695 (Fla.1985). Here, Appellees’ complaint relied on a single statute, section
119.07(l)(e), which they claim requires DOC to “identify, for each redaction/black mark, the specific statutory basis for DOC’s claim that the information concealed by the black mark is exempt from the Public Records Law.” However, as D...
...the exemption applicable to “each redaction.” Instead, the statute simply requires the agency to “state the basis of the exemption that [the agency] contends is applicable to the record” and to provide a statutory citation for the exemption. § 119.07(l)(e), Fla. Stat. (2014) (emphasis added). Thus, section 119.07(l)(e) plainly requires only record-by-record — not redaction-by-redaction — identification of the exemptions authorizing , the redactions in each record, The parties have not cited, nor has our research located any other provision...
...every agency going forward, whenever they put down a redaction, has got to put a footnote next to it with a number that’s' linked to an index or linked to a log that says a 1 means this, a 2 means this, a 3 means this, that is denied as a matter of law. . In their answer brief, Appellees disclaim any reliance on section 119.07(l)(f), which requires the agency, upon request, to “state in writing and with particularity the reasons for dle conclusion that the record is exempt or • confidential.” Accordingly, we have not considered that provision in this c...
CopyAgo (Fla. Att'y Gen. 1995).
Published | Florida Attorney General Reports
exempt from the disclosure requirements in section
119.07(1), Florida Statutes, and section 24(a), Article
CopyPublished | Florida 2nd District Court of Appeal | 2014 Fla. App. LEXIS 13255, 2014 WL 4212742
...of their property by patrons of the community center. In the inverse condemnation
lawsuit, they sought the shade meeting transcript from the now concluded quiet title law
suit. The City balked. The Chmielewskis then filed a public records request. See
§ 119.07, Fla....
CopyAgo (Fla. Att'y Gen. 1991).
Published | Florida Attorney General Reports
altered by the party in possession of the disk. Section
119.07(1)(a), F.S. (1990 Supp.), provides in part
CopyAgo (Fla. Att'y Gen. 2002).
Published | Florida Attorney General Reports
such report is confidential and exempt from section
119.07(1), Florida Statutes. The probable cause panel
CopyAgo (Fla. Att'y Gen. 1984).
Published | Florida Attorney General Reports
...l investigative information which reveals the identity of the victim of the crime of sexual battery as defined in Ch. 794 , F.S., or the victim of the crime of child abuse as defined by Ch. 827 , F.S., is exempted from the disclosure provisions of s 119.07 (1), F.S., by s 119.07 (3)(h), F.S., as amended by s 5, Ch. 84-298, Laws of Florida. However, if such information is contained in records made part of a court file and not specifically closed by an order of court, s 119.07 (4), F.S., as amended supra, states that such information is not exempted from the provisions of subsection (1). Section 119.07 (4), F.S., as amended supra, states that: Nothing in this section shall be construed to exempt from subsection (1) a public record which was made a part of a court file and which is not specifically closed by order of court except as provided in paragraphs (e), (f), (g), (m) and (o) of subsection (3)....
...American Surety Company of New York,
99 So.2d 877 , 880 (2 D.C.A.Fla., 1958); Biddle v. State Beverage Department,
187 So.2d 65 , 67 (4 D.C.A.Fla., 1966). Subsection (4) does not exempt the information described in paragraph (h) of subsection (3) from the public inspection and examination mandated by s
119.07 (1)(a), F.S., when such information is contained in a record which has been made part of a court file which is not specifically closed by order of the court....
...e information which reveals the identity of the victim of the crime of sexual battery as defined by Ch. 794 , F.S., or of the crime of child abuse as defined by Ch. 827 , F.S., are not exempt from the public disclosure and inspection provisions of s 119.07 (1), F.S., as amended, pursuant to the legislative directive in s 119.07 (4), F.S., as amended, that such material when made a part of a court file is not excepted or exempted from s 119.07 (1), F.S., as amended, unless specifically closed by court order. Even if subsections (2)(a) and (3)(h) of s 119.07 , F.S., read together, did apply to records made part of a court file and not specifically closed by order of court, to construe s 119.07 (2)(a), F.S., as amended, to permit or require the alteration or partial destruction of original documents, pleadings or other materials in "court criminal files" in the clerk's custody would place the statute in jeopardy of a constitutional c...
...e Legislature requires the destruction of judicial records would permit an unconstitutional encroachment by the legislative branch on the procedural responsibilities granted exclusively to this Court." Johnson v. State, supra at 95. With regard to s 119.07 (2)(a), F.S., as amended, as with other legislative enactments, it must be assumed that the Legislature intended a valid enactment rather than one contrary to the Constitution and a statute should, if possible, be construed so as not to conflict with the Constitution....
...Compare, s 943.058, F.S., subsection (2) of which provides that the "courts of this state shall continue to have jurisdiction over their own procedures, including the keeping, sealing, expunction, or correction of judicial records containing criminal history information." The wording employed in s 119.07 (2)(a), F.S., with which you are concerned is "delete or excise." "Delete" is defined to mean to strike out or remove (something written or printed); cancel; erase; expunge. The Random House Dictionary of the English Language 382 (unabridged edition 1967). "Excise" means to expunge, as a passage or sentence from a text; to cut out or off, as a tumor. Id. at 497. Therefore, insofar as s 119.07 (2)(a), F.S., as amended by s 5, Ch....
...true subsection (2)(a) so as to achieve the legislative purpose of the statute and to sustain the constitutionality thereof. Accordingly, under circumstances in which a portion of the record is exempted from disclosure or inspection as provided in s 119.07 (1)(a), F.S., as amended, I conclude that the provisions of Ch. 119 , F.S., particularly those of s 119.07 (2)(a), F.S., as amended, do not authorize, require or permit the custodian of court files to alter, mutilate, deface, destroy or partially destroy any record or part thereof contained in and made a part of any court file. Further, compliance with s 119.07 (2)(a), F.S., as amended, supra, does not permit such custodians to partially alter, destroy, mutilate or obliterate such records or any part or parts thereof or to physically cut out or expunge therefrom any of the written or printed contents therein. The custodian of such records may constitutionally accomplish the purposes of s 119.07 (2)(a), F.S., as amended, by any reasonable method which maintains and preserves the integrity of such records or any portion thereof while allowing public disclosure and inspection of the nonexempted portion or portions of such records....
...tape to mask or delete exempted materials from the face of the affected public record or any other method or procedure which the custodian may determine will validly and effectively accomplish the legislative purpose in keeping with the mandate of s 119.07 , F.S., as amended....
...es, and, therefore, the entire document, pleading, or other material is not subject to disclosure." (e.s.) In response, I would note that in Wait v. Florida Power Light Co.,
372 So.2d 420 (Fla. 1979) the court stated that the language contained in s
119.07 (1), F.S., requiring inspection of public records "at reasonable times, under reasonable conditions, and under supervision by the custodian of the records or his designee," referred to reasonable regulations which would permit the custodian of the records to protect them from alteration, damage or destruction. QUESTION TWO Insofar as the provisions of s
119.07 (2)(a), F.S., as amended by s 5 of Ch....
...and made a part of court files and as those provisions are construed herein, your second question is answered in the negative. As hereinbefore stated, the custodian of public records may constitutionally and effectively accomplish the purposes of s 119.07 (2)(a), F.S., as amended, by any reasonable method which preserves the integrity of such records while allowing public examination of the nonexempt portions thereof including making copies thereof to be altered by excision and then produced for inspection. Neither s 119.07 (2)(a), F.S., nor any other provision of Ch. 119 , F.S., prescribes any fee or authorizes any service charge for the "delet[ion] or excis[ion]" from a public record of information exempted by s 119.07 (3)(h), F.S., from the provisions of s 119.07 (1)(a), F.S., before the production of the remainder of such record (or an altered copy thereof) for inspection and examination....
...d examine such records, the clerk may not impose a fee or make any charge for the inspection and examination of such public records (or altered copies thereof) in the absence of statutory authority therefor. See, AGO's 84-3, 76-34, 75-50. However, s 119.07 (1)(b), F.S., as amended by s 5, Ch....
...ance required of such personnel providing the service." (e.s.) To summarize, no provision of Ch. 28 or Ch. 119 , F.S., as amended, sets forth a fee for the inspection and examination of public records (or altered copies thereof made to comply with s 119.07 [2][a], F.S.) except, as provided in s 119.07 (1)(b), F.S., as amended, when the nature or volume of such records necessitates extensive clerical or supervisory assistance....
...794 , F.S., or the victim of the crime of child abuse as defined by Ch. 827 , F.S., which is contained in public records made part of a court file and not specifically closed by an order of court is not excepted or exempted from the public disclosure and inspection provisions of s 119.07 (1), F.S., as amended by s 5, Ch. 84-298, Laws of Florida, pursuant to subsection (4) thereof which directs that such public records are not exempted from s 119.07 (1)(a), F.S. Further, no provision of Ch. 28 , F.S., or Ch. 119 , F.S., as amended supra, sets forth a fee or authorizes any service charge for the inspection and examination of public records (or altered copies thereof) except, as in s 119.07 (1)(b), F.S., as amended supra, when the nature or volume of the records requested to be inspected or examined is such that extensive clerical or supervisory assistance is required and this provision does not justify the routine imposition of such a fee merely because a public record contains exempted material....
CopyPublished | Florida 3rd District Court of Appeal | 2005 WL 1965918
...However, Article I, section 24, Florida Constitution, permits the legislature to provide for certain exemptions from the access requirement. Chief Timoney, in seeking reversal of the trial court's order mandating the production of the FTAA Operational Plan, contends that Section 119.07(6)(d), Florida Statutes (2004), exempts the Operational Plan from the requirement of public access....
...mergency. While it contains security plans from the past FTAA summit meeting, the plans are not unique to that event. It is clear that at least some of the procedures, general and specific, will continue to be used for future events. The language of Section 119.07(6)(d), leads us to believe that the legislature intended to keep such security information exempt after an immediate emergency passes....
...ablished the policy. [3] Generally a person's motive in seeking access to public records is irrelevant. Booksmart Enters., Inc. v. Barnes & Noble College Bookstores,
718 So.2d 227, 228 n. 2 (Fla. 3d DCA 1998), rev. denied,
729 So.2d 389 (Fla. 1999). Section
119.07(6)(d), Florida Statutes, however, requires a need for the access on the part of the entity seeking authorization for exemption thereunder. [4] Section
119.07(6)(d) establishes the definition of "emergency" by reference to Section
252.34(3), Florida Statutes, which provides: "`Emergency' means any occurrence, or threat thereof, whether natural, technological, or manmade, in war or in peace,...
CopyPublished | Florida 4th District Court of Appeal
...investigation report referred to persons other than the son.
Five days later, the father e-mailed the CEO, demanding the managing
entity either provide him with the investigation report or state the
managing entity’s claimed exemption from doing so pursuant to section
119.07(1)(f), Florida Statutes (2022) (“If requested by the person seeking
to inspect or copy the record, the custodian of public records shall state
in writing and with particularity the reasons for the conclusion that the
record is exempt or confidential.”)....
...…
…
[(7)](c) … Proceedings of medical review committees are
exempt from the provisions of s.
286.011 and s. 24(b), Art. I
of the State Constitution, and any advisory reports provided
to the department by such committees are confidential and
exempt from the provisions of s.
119.07(1) and s....
...[(2022)], “Proceedings of medical review committees are
exempt from the provisions of s.
286.011 [Sunshine Law] …
and any advisory reports provided to the department by such
committees are confidential and exempt from the provisions
of s.
119.07(1) [Florida Public Records Act] ….” See Section
766.101(7)(c), Fla....
...Stat. [(2022)].
As a medical review committee, the [managing entity’s]
Medical Review Committee [Investigation] Report is an advisory
report of the committee and, as such, is confidential and
exempt from the provisions of Section 119.07(1), Florida
Statutes, and may not be disclosed.
…
… [T]herefore, this Court has no discretion to release such
document to the [father].
(emphases added; paragraph numbers omitted).
4....
...when the managing entity had created the investigation report. In turn,
that “Finding of Fact” became the basis for the circuit court’s factually-
unsupported “Conclusion of Law” that the investigation “is confidential and
exempt from the provisions of Section 119.07(1), Florida Statutes, and may
not be disclosed.”
Therefore, the circuit court’s adoption of the respondents’ proposed
final order denying the mandamus petition on the merits under these
circumstances was error....
CopyPublished | Florida 1st District Court of Appeal | 2015 Fla. App. LEXIS 12119, 2015 WL 4774021
...The trial court concluded that an email and attachment forwarded to TPD that alleged an incident of domestic violence were exempt from disclosure under the Public Records Act (PRA), because they related to an active and ongoing criminal investigation. See § 119.071(2)(c)l, Fla....
...The trial court granted the motion and held a hearing on November 3, 2014, after which it denied the petition. It found that the information sought by Mr. Barfield was “the subject of an active and ongoing criminal investigation and therefore exempt from production pursuant to section 119.071(2)(c)l of the Florida Statutes.” Mr....
...Florida Dept. of Educ.,
133 So.3d 957, 959-60 (Fla. 1st DCA 2013). There is no dispute that this case involves a public record. 1 And while “active criminal investigative information” 2 is considered exempt from public records disclosure requirements, see §
119.071(2)(c)l, Fla....
...and which served as the basis for initiating this investigation.” Dempsey,
478 So.2d at 1132 . We noted further that “[o]ther information in the letter not falling within the terms of [section
119.011(3)(c)l] remains exempt, however, and may be excised before production of the letter.” Id. (citing §
119.07(2)(a), Fla....
...TPD then initiated an investigation based on this email. The decision in Dempsey thus controls and required TPD to disclose at least some of the information included in the email and attachment in response to Mr. Barfield’s public records request. See § 119.07(l)(a), Fla....
CopyAgo (Fla. Att'y Gen. 1986).
Published | Florida Attorney General Reports
copying of records in its custody. QUESTION THREE Section
119.07(1)(a), F.S., expressly provides that the custodian
CopyPublished | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 8914
...information in its possession regarding the issue of a practitioner’s impairment and his participation in the treatment program. All information obtained by the consultant and the department pursuant to this section is confidential and exempt from s. 119.07(1), subject to the provisions of this subsection and subsection (7)....
...rmation disclosed in the impaired practitioners programs from discovery and use in civil litigation involving the impaired practitioner. The only intent clearly expressed in the statute is to exempt treatment information from the public records act, section 119.07, and even this protection is conditional and limited in scope....
CopyAgo (Fla. Att'y Gen. 1985).
Published | Florida Attorney General Reports
CopyAgo (Fla. Att'y Gen. 1982).
Published | Florida Attorney General Reports
...e service charge set forth in s
28.24 , F.S., is required of abstract and title companies in order to make photographs or photocopies of the public records, your attention is directed to additional law controlling the subject matter of your inquiry. Section
119.07 (1)(a), F.S., provides, in pertinent part, as follows: Every person who has custody of public records shall permit the records to be inspected and examined by any person desiring to do so, at reasonable times, under reasonable conditions, and under supervision by the custodian of the records or his designee....
CopyAgo (Fla. Att'y Gen. 2005).
Published | Florida Attorney General Reports
...otes taken by an attorney and used to prepare a form relating to disciplinary action against city employees constitute a public record? 2) If these records are within the scope of Chapter 119 , Florida Statutes, are they exempt from disclosure under section 119.07 (6)(l)(1), Florida Statutes, if the notes were prepared expressly in anticipation of adversarial proceeding and, while not specifically including trial strategy, the questions were impliedly asked with such strategy in mind? 3) Does th...
...In contrast, it is only uncirculated materials that are not in and of themselves intended to serve as final evidence of the knowledge to be recorded that fall outside the definition of a public record. 9 Question Two Your second question relates to the limited exemption contained in section 119.07 (6)(l)1., Florida Statutes, which states, in part, that: "A public record which was prepared by an agency attorney (including an attorney employed or retained by the agency or employed or retained by another public officer or agency to...
...an investigation. Thus, it is my opinion that the notes taken by the assistant labor attorney during interviews with co-workers of certain city employees in order to ascertain if employee discipline was warranted are not exempt from disclosure under 119.07(6)(l)1, Florida Statutes....
CopyAgo (Fla. Att'y Gen. 2004).
Published | Florida Attorney General Reports
public record or the custodian's designee."2 Section
119.07(3)(i), Florida Statutes, provides for the confidentiality
CopyAgo (Fla. Att'y Gen. 2004).
Published | Florida Attorney General Reports
...Eddie Stephens General Counsel Palm Beach County Property Appraiser Post Office Box 3346 West Palm Beach, Florida 33402 Dear Mr. Stephens: As legal counsel to the Palm Beach County Property Appraiser, you have requested my opinion on substantially the following question: Does section 119.07 (3)(i), Florida Statutes, preclude the Palm Beach County Property Appraiser from making technology available to the public that would enable a user to view a map on the Internet showing the street name, block and physical location of a...
...The system is known locally as the Property Appraiser Access System. Recently added to this system is a map feature that allows the public to see a graphic representation of specific property, which is similar to a plat. For those individuals who have requested confidential status pursuant to section 119.07 (3)(i)1., Florida Statutes, the graphic representation does not list the home address of their property. However, an individual visiting this website can use the name of a law enforcement officer to retrieve information about property owned by the officer. While the site indicates that the address is confidential pursuant to section 119.07 (3)(i), Florida Statutes, the visitor can click a button on the site to view a map that identifies the street upon which a law enforcement officer's home is located and surrounding thoroughfares, shows the parcel number of the law enfo...
...e transaction of official business by any agency." As this office recently concluded in an opinion to the Board of Commissioners of Palm Beach County, maps and related data produced by the county for purposes of county business are public records. 2 Section 119.07 (1)(a), Florida Statutes, requires the public records custodian for an agency to make these records available for inspection and copying as provided therein. This section also includes a number of exemptions from the inspection and copying requirements of the Public Records Act. Section 119.07 (3)(i)1.-3....
...." Exemptions from the public records requirements are to be strictly construed in light of the public purpose for adoption of the statute, i.e. to open public records to the state's citizens to discover the actions of their government. 3 The exemption currently codified as section 119.07 (3)(i), Florida Statutes, was enacted as Chapter 79-187, Laws of Florida....
...ecords to protect legally protected, sensitive information. 7 Other state constitutional officers such as the property appraiser face similar problems and must balance the public's personal privacy rights with the mandates of the Public Records Law. Section 119.07 (3)(i), Florida Statutes, was adopted at a time when computerized public records were not generally available to the public....
...With the advent of personal computers and the availability of public records on the Internet, information that could lead to the harassment of or physical danger to a law enforcement officer and his or her family should be closely guarded. The provisions of section 119.07 (3)(i), Florida Statutes, attempted to accomplish this goal in 1979 by specifically addressing the technology of the time....
...ify the exact street address of a law enforcement officer's home. Because it is clear that the legislative intent of this statute is to make such information exempt from public inspection, it is my opinion that the property appraiser is precluded by section 119.07 (3)(i), Florida Statutes, from making technology available to the general public that shows the exact location of a law enforcement officer's home. I would note, however, that section 119.07 (3)(1)4., Florida Statutes, states that a custodian of the personal information specified in this subparagraph who is not the employer of the law enforcement officer is required to maintain the confidentiality of this personal information only if the officer submits a written request for confidentiality to the custodial agency. In sum, it is my opinion that the Palm Beach County Property Appraiser is precluded by section 119.07 (3)(i), Florida Statutes, from making the technology available to the public that would enable a user to view a map on the Internet showing the physical location of a law enforcement officer's home, even though this map does not contai...
CopyAgo (Fla. Att'y Gen. 2004).
Published | Florida Attorney General Reports
...following questions: 1. Pursuant to section
288.075 (2), Florida Statutes, are the development plans, financial records, and financial commitment letters of a private company considering expansion or relocation within the City of Orlando exempt from section
119.07 , Florida Statutes, where these records have been transmitted to city staff? 2. Pursuant to section
288.075 (2), Florida Statutes, is a draft version of a memorandum of understanding between the City of Orlando and a private company considering expansion or relocation within the City of Orlando exempt from section
119.07 , Florida Statutes, where the memorandum contains the development plans, intentions, and financial interests of the company? According to your letter, a company that is interested in locating its business activities in downtown Orlando...
...cy which contain or would provide information concerning plans, intentions, or interests of such private corporation, partnership, or person to locate, relocate, or expand any of its business activities in this state are confidential and exempt from s. 119.07 (1) and s....
...hasize that exceptions to the Public Records Law are to be narrowly construed (as is the case with exceptions and provisos to statutes in general). When doubt exists as to whether a particular document is exempted from the disclosure requirements of section 119.07 (1), Florida Statutes, such doubt should be resolved in favor of disclosure, in keeping with this state's clear and well-established policy of open government....
...only following receipt of a written request from the affected business entity or persons and for not more than 24 months "from the date an initial inquiry is received." Any public records of the authority otherwise subject to disclosure pursuant to section
119.07 (1) must be disclosed, including nonexempt portions of records that are partially subject to the exemption in section
288.075 (2)....
...to carefully and in good faith distinguish between those documents clearly covered by the exemption and those not covered. In sum, the public has access to the files and records of the City of Orlando's Department of Economic Development pursuant to section
119.07 (1), Florida Statutes, except for those records or portions of records clearly falling within the exception to section
119.07 (1) Florida Statutes, set forth in section
288.075 (2), Florida Statutes....
...2 Section
288.075 (7), Fla. Stat., imposes a criminal penalty on any employee of an economic development agency who violates the provisions of the statute, making such a violation a second degree misdemeanor. 3 See s.
288.075 (1), Fla. Stat. 4 Compare , s.
119.07 (3)(h), Fla. Stat. ("[a]ll criminal intelligence and criminal investigative information received by a criminal justice agency . . ."); s.
119.07 (3)(j), Fla. Stat. ("[a]ny information provided to an agency . . ."); s.
119.07 (3)(m), Fla....
CopyAgo (Fla. Att'y Gen. 1982).
Published | Florida Attorney General Reports
business by a municipal agency or officer. Section
119.07, F.S., requires the custodian of public records
CopyPublished | Supreme Court of Florida | 24 Fla. L. Weekly Supp. 195, 1999 Fla. LEXIS 665, 24 Fla. L. Weekly Fed. S 195
. We decline to address Scott’s claim that section
119.07(3)(l), Florida Statutes (1995), is unconstitutional
CopyPublished | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 4734, 1992 WL 83887
...“consist of evaluative materials protected under Florida law.” She thereupon filed a petition for a writ of mandamus, which the trial court granted. FAU appeals. 1 We reverse. Ordinarily, questions of public records inspection begin and end with section 119.07, Florida Statutes (1991)....
...Such records shall be limited to information reflecting evaluations of employee performance and shall be open to inspection only by the employee and by officials of the university who are responsible for supervision of the employee. Such limited access employee records are confidential and exempt from the provisions of s. 119.07(1)....
...Professor Ceros-Livingston first argues that section 240.253 does not create any exemption at all. We disagree. For we find it impossible to read the words, “such limited access employee records are confidential and exempt from the provisions of s. 119.07(1),” as anything but an exemption from mandatory public disclosure....
CopyAgo (Fla. Att'y Gen. 2005).
Published | Florida Attorney General Reports
...After the documents are copied, the city contacts the requestor and is told that the documents are no longer needed, or the documents are never retrieved. The time spent by the city in copying and the reproduction costs exceed or are equal to the deposit received by the city. Questions One and Two Section 119.07 (1)(a), Florida Statutes, provides that "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...
...mpensation to be agreed upon by the person desiring to make the photographs and the custodian of public records. If they fail to agree as to the appropriate charge, the charge shall be determined by the custodian of public records." 1 As provided by section 119.07 (3)(a), Florida Statutes, "[a]ny person shall have the right of access to public records for the purpose of making photographs of the record while such record is in the possession, custody, and control of the custodian of public record...
...es the city that the records are not needed. Again, I must emphasize that providing access to public records is a statutory duty imposed upon all records custodians. I assume that any deposit collected by a records custodian is reasonable based upon section 119.07 (4), Florida Statutes, and that it reflects the actual costs of producing copies....
...public records requests. You may wish to contact other local governmental entities and request copies of their policies on public records to use in crafting the city's public records request policy. Sincerely, Charlie Crist Attorney General CC/tgh 1 Section 119.07 (4), Fla....
CopyAgo (Fla. Att'y Gen. 1999).
Published | Florida Attorney General Reports
...blic record. 1 Unless the Legislature has expressly exempted an agency's personnel records from disclosure or authorizes the governmental agency to adopt rules limiting access to such records, personnel records are subject to public inspection under section 119.07 (1), Florida Statutes. 2 The exclusive authority to exempt personnel records from disclosure is vested in the Legislature. 3 Section 119.07 (3)(x), Florida Statutes, specifically exempts from public disclosure the social security numbers of all current and former agency employees which numbers are contained in agency employment records....
CopyPublished | District Court, S.D. Florida | 2012 U.S. Dist. LEXIS 67227
...(3) Florida’s transparency in state government Finally, the Governor cites state laws requiring some state employees under certain circumstances to make financial disclosures, Fla. Stat. §§
112.3145 and
112.3148, and providing open access to public records, Fla. Stat. §§
119.01 ,
119.011(2), (12) and §
119.07(l)(a), as establishing a tradition of transparent government sufficient to show that all state employees under his purview have diminished privacy interests with respect to random and pre-employment urinalyses....
CopyPublished | Florida 3rd District Court of Appeal | 2006 Fla. App. LEXIS 5959, 2006 WL 1148642
...mergency. While it contains security plans from the past FTAA summit meeting, the plans are not unique to that event. It is clear that at least some of the procedures, general and specific, will continue to be used for future events. The language of Section 119.07(6)(d), leads us to believe that the legislature intended to keep such security information exempt after an immediate emergency passes.” The circuit judge did not abuse his discretion....
CopyAgo (Fla. Att'y Gen. 1996).
Published | Florida Attorney General Reports
that is exempt from public disclosure under section
119.07(3), Florida Statutes, such as active criminal
CopyPublished | Florida 5th District Court of Appeal | 10 Fla. L. Weekly 1040, 1985 Fla. App. LEXIS 13664
...orida Evidence Code does not exempt written communications between lawyers and governmental clients from disclosure as public records. The City argues, however, that the legislature specifically created an exemption that applies here when it created section 119.07(3)(o) 1 , in *833 Chapter 84-298, Laws of Florida (1984), effective October 1, 1984, and that the new statute should have been applied to the order entered by the trial court on December 7, 1984....
...Yamaha Parts Distributors, Inc. v. Ehrman,
316 So.2d 557 (Fla.1975). We find no such showing in the statute under review. The request for production of documents was filed prior to October 1, 1984 (as was the objection) in litigation already pending. When the request was made section
119.07(3)(o) was not in effect, and therefore it has no application here....
...on, and have not been requested here. Therefore, there was no need for an in camera review of the file by the trial judge, who properly exercised his discretion in rejecting that request. WRIT DENIED. FRANK D. UPCHURCH, Jr. and SHARP, JJ., concur. . Section 119.07(3)(o ), Chapter 84-298, Laws of Florida (1984) provides: A public record which was prepared by an agency attorney, including an attorney employed or retained by the agency or employed or retained by another public officer or agency to...
CopyPublished | Supreme Court of Florida | 39 Fla. L. Weekly Supp. 272, 2014 WL 1722473, 2014 Fla. LEXIS 1386
...In an effort to simplify the mechanism by which a capital
postconviction defendant may obtain his or her own confidential medical,
5. Rule 3.852(f) applies to public records delivered to the records repository
that are confidential or exempt from the requirements of section 119.07, Florida
Statutes, or article I, section 24(a), Florida Constitution.
5
psychological, or psychiatric records from the Department of Corrections—records
that are already required to be s...
CopyAgo (Fla. Att'y Gen. 2007).
Published | Florida Attorney General Reports
Dear Chief Williams: As Chief of Police for the City of Venice Police Department, you ask substantially the following questions: 1) Who is included within the exemption afforded by section 119.071 (4)(d)1., Florida Statutes? 2) What limitations are placed upon the chief of police regarding the release of photographs of the police department's law enforcement officers and employees? Question One Section 119.071 (4)(d)1., Florida Statutes, provides in pertinent part: "The home addresses, telephone numbers, social security numbers, and photographs of active or former law enforcement personnel, including correctional and correctional probation officers, ....
...the home addresses, telephone numbers, social security numbers, photographs, and places of employment of the spouses and children of such personnel; and the names and locations of schools and day care facilities attended by the children of such personnel are exempt from s. 119.07 (1)." The above statute refers to "law enforcement personnel" rather than "law enforcement officer." It does not, however, define the term. In an informal opinion to the Honorable Mary W. Morgan, Supervisor of Elections, dated September 28, 1992, this office reviewed the legislative history of the exemption [then section 119.07 (3)(k), Florida Statutes (1991)], in order to construe the term in such a manner as to ascertain and give effect to the legislative purpose....
...function ?the protection of law enforcement personnel ?and in the absence of any statutory or other commonly accepted definition of the term "law enforcement personnel," this office recommended that agencies faced with implementing the provisions of section
119.07 (3)(k) [now section
119.071 (4)(d)1.], Florida Statutes, consider utilizing the definition contained in section
784.07 (1)(a), Florida Statutes, until this matter is clarified by the Legislature....
...definition in section
784.07 (1)(a), Florida Statutes. Thus, while the sworn officers of the police department would be included within the exemption, support personnel employed by the police department would not appear to be included. Question Two Section
119.071 (4)(d)1., Florida Statutes, constitutes an exemption to the mandatory disclosure requirements of section
119.07 (1)(a), Florida Statutes, for certain information relating to current or former law enforcement personnel....
...uld not be revealed under any circumstances." The distinction between the two terms was clearly recognized: "[T]hus exempt information could be revealed at the discretion of the agency." 6 In considering the issue of when the information exempted by section 119.071 (4)(d)1., Florida Statutes, may be released, this office in Attorney General Opinion 90-50 stated that although the Legislature apparently chose to place the release of this information within the discretion of the agency, in light of the underlying purpose of the enactment, i.e....
...Sarasota County Sheriff's Office , 9 the court held that the booking photograph of the Charlotte County deputy sheriff could not be released by the Sarasota County Sheriff's Office when the deputy sheriff had filed a written request for confidentiality pursuant to section 119.071 (4)(d)8., Florida Statutes....
...members is required to withhold from public release the officer's address, phone number, social security number, and photograph if the officer makes a written request for such information to be maintained as exempt." In cases where the provisions of section 119.071 (4)(d)8., Florida Statutes, are applicable and the officer has filed a written request to maintain the information as exempt, it may be advisable in light of the above cases to obtain the officer's permission before the release of the photograph. 11 While section 119.071 (4)(d)1., Florida Statutes, makes certain information relating to law enforcement personnel exempt, this office has recognized that the statute does not prohibit a municipality from having access to the names and addresses of the city's law enforcement officers....
...Similarly, the statute would not appear to prevent the police department's public information officer from maintaining photographs of the law enforcement officers; however, such records held by city employees in carrying out their official functions would be still subject to the provisions of section 119.071 (4)(d)1....
...closure. 13 This office has consistently concluded that personnel records of employees paid from public funds or otherwise subject to legislative control are subject to public inspection in the absence of a statutory exemption. 14 Accordingly, while section 119.071 (4)(d)1., Florida Statutes, makes the photographs of law enforcement personnel exempt rather than exempt and confidential, in determining whether such information should be disclosed, you as custodian of the records, or your designee,...
...ment personnel could be disclosed to the State Attorney's Office for the purpose of serving criminal witness subpoenas by mail pursuant to s.
48.031 , Fla. Stat. 8 In Attorney General Opinion 94-90, this office advised that the exemption afforded by s.
119.071 (4)(d)1. [then s.
119.07 (3)(k)1.], Fla. Stat., did not exempt from disclosure booking photographs of law enforcement personnel who had been arrested and who were not undercover personnel whose identity would otherwise be protected under s.
119.07 (4)(c), Fla. Stat., since the exemption afforded by s.
119.071 (4)(d)1....
...96-1026-CA-01 (Fla. 12th Jud. Cir., Sarasota County, March 13, 1996). 10 Case No. 2000?718-CA (Fla. 4th Jud. Cir., Duval County, December 21, 2001). 11 See generally Op. Att'y Gen. Fla. 04-20 (2004) stating that a property appraiser is precluded by s. 119.07 (3)(i) [now s. 119.071 (4)(d)8.], Fla....
...Florida Statutes, defines "Custodian of public records" to mean "the elected or appointed state, county, or municipal officer charged with the responsibility of maintaining the office having public records, or his or her designee." (e.s.) 13 And see s. 119.071 (4)(a)1., Fla. Stat., stating that "the social security numbers of all current and former agency employees which numbers are contained in agency employment records are exempt from s. 119.07 (1) and s....
CopyAgo (Fla. Att'y Gen. 1980).
Published | Florida Attorney General Reports
Florida Public Records Law, ch. 119, F. S. Section
119.07(3)(a) provides that `[a]ll public records which
CopyPublished | Florida 1st District Court of Appeal | 2013 WL 1715460, 2013 Fla. App. LEXIS 6496
...Golden,
764 So.2d 633 (Fla. 1st DCA 2000); Office of State Attorney for the Thirteenth Judicial Circuit of Fla. v. Gonzalez,
953 So.2d 759 (Fla. 2d DCA 2007). Accordingly, the lower court erred as a matter of law by concluding that the agency had violated section
119.07 by refusing to disclose certain records, yet plaintiff was not entitled to attorney’s fees because the agency’s violation was neither knowing, willful, nor done with malicious intent....
CopyAgo (Fla. Att'y Gen. 2010).
Published | Florida Attorney General Reports
...If a collegial body is created to oversee personnel decisions of a charter school, the meetings of that board would be subject to Florida's Government in the Sunshine Law. In the absence of an exemption, records of personnel actions are generally subject to public inspection and copying under section 119.07 (1), Florida Statutes, whether those records are created and maintained by the Principal of the Bay Haven Charter Academy or by a team of school officers, employees, and others performing those functions....
...14 Public Records Charter schools are specifically made subject to the Public Records Law by section
1002.33 (16)(b), Florida Statutes. Public records created by the Principal of the Bay Haven Academy relating to personnel decisions would be subject to the inspection and copying requirements of section
119.07 (1), Florida Statutes, in the absence of an exemption therefor....
CopyAgo (Fla. Att'y Gen. 2005).
Published | Florida Attorney General Reports
...sis for stating that these organizations are not subject to the Sunshine Law. Section
1004.70 (6), Florida Statutes, provides for an annual audit of the direct-support organization and establishes several exemptions from the disclosure provisions of section
119.07 (1), Florida Statutes....
...related to the expenditure of funds, and any supplemental data requested by the board of trustees, the Auditor General, and the Office of Program Policy Analysis and Government Accountability, shall be confidential and exempt from the provisions of s. 119.07 (1)." The above provision does not create an exemption from the Sunshine Law; rather, it only provides that the records of the organization, other than the auditor's report, are confidential and exempt from the disclosure provisions of the Public Records Law. Section 119.07 (9), Florida Statutes, clearly provides that an exemption from section 119.07 "does not imply an exemption from s....
CopyAgo (Fla. Att'y Gen. 1984).
Published | Florida Attorney General Reports
copies or certified copies of the records. Section
119.07(1)(a), F.S. The exception to this requirement
CopyPublished | Florida 1st District Court of Appeal | 31 Media L. Rep. (BNA) 1583, 2003 Fla. App. LEXIS 5201, 2003 WL 1868643
...d documents). Therefore, we grant the petition, quash the trial court’s order, and direct the trial court to provide petitioners access to the discovery documents to the extent that they are not exempted from public records disclosure. 3 See e.g., § 119.07(3)(f), Fla....
CopyPublished | Supreme Court of Florida | 25 Fla. L. Weekly Supp. 285, 2000 Fla. LEXIS 774, 2000 WL 381496
...s handling of public records production which would preclude collateral counsel from effectively investigating potential postconviction claims immediately upon appointment. This is the result of two exemptions to chapter 119 disclosure, specifically section 119.07(3)(b), Florida Statutes (1999), which exempts “active criminal investigative information,” and section 119.07(3)(i), which exempts records prepared by an agency attorney exclusively for civil or criminal litigation until the conclusion of litigation....
...l 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(l)(a), Florida Statutes- (1997)....
...rt in the county in which the capital case was tried. (f) Exempt or Confidential Public Records. (1) Any public records delivered to the records — repository—pursuantsubject to these rules that are confidential or exempt from the requirements of section 119.07(1), Florida Statutes, or article I, section 24(a), Florida Constitution, must be separately contained, without being redacted, and sealed....
...repositoryclerk of court] The undersigned, ■_[name of person or agency], hereby gives notice to the records repository of-the Secretary of State - that certain deliveredthat certain records that are confidential or exempt from the requirements of section 119.07(1), Florida Statutes have been delivered to you....
CopyAgo (Fla. Att'y Gen. 1998).
Published | Florida Attorney General Reports
amended to include correctional officers.12 Section
119.07(3)(i), Florida Statutes, providing a limited
CopyPublished | Florida 3rd District Court of Appeal
...recordings of the police station for a specific two hour period on the day of
Blanco’s arrest. The City denied the public records request stating that the
video camera recordings obtained from the security systems are confidential
and exempt from disclosure under sections
119.071(3)(a) and
281.301,
Florida Statutes (2021)—"security system plan” exemption.
2
On October 20, 2021, after the City denied the public records request,
Blanco filed a motion to compel and/or...
...the subpoena for the video camera recordings.
The City moved to set aside or quash the trial court’s order granting
Blanco’s Motion to Compel (“Motion to Quash”). The City argued the video
camera recordings are confidential and exempt from disclosure under
sections
119.071(3)(a) and
281.301 because they reveal information
pertaining to the security capabilities and vulnerabilities of the City’s police
department’s security systems....
...4
to a public records disclosure.’ . . . That is, without conducting an in camera
inspection of the requested CDs, the circuit court could not conclude that
their contents are exempt from disclosure under section
119.071(3)(a)(2) or
section
281.301; nor could it determine whether redaction was possible.”).
The City offered to provide the video camera recordings to the trial court for
an in camera review.
The City’s Motion to Quash was heard by Judge Raul A....
...clear departure from
the essential requirements of law because ‘in the absence of interdistrict
conflict, district court decisions bind all Florida trial courts.’ ”) (quoting Pardo
v. State,
596 So. 2d 665, 666 (Fla. 1992)).
Sections
119.071(3)(a) and
281.301(1) sets forth a “security system
plan” exemption to Florida’s public records disclosure laws....
...4th DCA 2018) (“Because the footage from the
surveillance camera ‘relates directly’ to the security system at [the public high
school], including both its capabilities and its vulnerabilities, the footage is
confidential and exempt from disclosure to the public under sections
119.071(3)(a) and
281.301(1), unless an exception to the exemption
applies.”). However, the confidential and exempt information under these
sections may be disclosed “[u]pon a showing of good cause before a court
of competent jurisdiction.” §
119.071(3)(a)3.d.; §
281.301(2)(d); see Miami
Herald Media,
278 So. 3d at 790 (“Florida law allows for the public disclosure
of materials that otherwise would be exempted for security purposes if good
cause is shown.”). Sections
119.071(3) and
281.301 do not specifically
require the trial court to conduct an in camera review prior to ordering
disclosure.3 Thus, based on the statute itself, the trial court did not depart
3
In contrast, an in camera review is addressed in section
119.07, titled
“Inspection and copying of records; photographing public records; fees;
exemptions,” and does provide for an in camera review by the trial court
under certain circumstances:
(g) In any civil action in which an exemption to this section is
asserted, if the exemption is alleged to exist under or by virtue of
s.
119.071(1)(d) or (f), (2)(d), (e), or (f), or (4)(c), the public record
or part thereof in question shall be submitted to the court for an
inspection in camera....
...Under the
circumstances of this case, the trial judge should have granted
an evidentiary hearing to consider whether the exemptions
applied or whether the documents requested were public records
subject to disclosure.
by virtue of s. 119.071(2)(c), an inspection in camera is
discretionary with the court....
...der the public record or part
thereof in question to be immediately produced for inspection or
copying as requested by the person seeking such access.
This provision applies to civil actions, not criminal actions, and it does not
refer to section 119.071(3)(a).
8
Walton, 634 So....
...ash
the trial court’s order directing the production of the operation plan, arguing
that the operation plan contains sensitive law enforcement information that
10
is exempt from disclosure, in part, under section 119.071(2), Florida Statutes
(2013)....
...State had listed
in its case against Gonzalez. Id. at 100. The State responded that fifteen of
11
the CDs would be made available, but six of the CDS were exempt from
public disclosure pursuant to sections
119.071(3)(a)(2) and
281.301 (Fla.
Stat....
...The
Second District reversed the denial of the petition for writ of mandamus and
remanded to the circuit court to conduct an in camera inspection of the six
CDs to determine if they are subject to the exemptions from public disclosure
under sections
119.071(3)(a)(2) and
281.301, and if so, whether redaction
would allow their production....
...ct to a public
records disclosure.” Walton,
634 So. 2d at 1062. That is, without
conducting an in camera inspection of the requested CDs, the
circuit court could not conclude that their contents are exempt
from disclosure under section
119.071(3)(a)(2) or section
281.301; nor could it determine whether redaction was possible.
4
These statutes also set forth a public records exemption for a “security
system plan.”
12
Gonzalez, 240 So....
CopyAgo (Fla. Att'y Gen. 1980).
Published | Florida Attorney General Reports
provisions of s.
119.07(3) are applicable. Section
119.07(3), F. S., provides that `[a]ll public records
CopyAgo (Fla. Att'y Gen. 2008).
Published | Florida Attorney General Reports
information" which is confidential and exempt from section
119.07(1), Florida Statutes? According to information
CopyPublished | District Court of Appeal of Florida | 1981 Fla. App. LEXIS 19094, 7 Media L. Rep. (BNA) 1340
justice agency prior to January 25,1979. See, Section
119.07(3)(j), Florida Statutes (1979). We agree and
