Florida/Georgia Personal Injury & Workers Compensation

Undisclosed Intervenors, on the Interpretation of § 119.011(1) Florida Statutes; Steven Carta of Smith & Carta

...The City of New Smyrna Beach Utilities Commission and its director seek review of two issues decided by the First District Court of Appeal in Wait v. Florida Power & Light Co., 353 So.2d 1265 (Fla. 1st DCA 1978). The district court, in Wait, held that section 119.11(2), Florida Statutes (1975), which provides that the filing of a notice of appeal by a public agency does not operate as an automatic stay of a lower court's order requiring the agency to open its records for inspection in accordance w...

...n of the First District in the present case and the decision of the Fourth District in Clark v. Walton, 347 So.2d 670 (Fla. 4th DCA 1977), which held that the automatic stay provision of rule 5.12(1) takes precedence over the conflicting language of section 119.11(2)....

...gned to preclude review. We have considered the other arguments presented by New Smyrna and find them to be without merit. Accordingly, the decision of the First District is quashed to the extent that it holds that rule 5.12(1) does not control over section 119.11(2), Florida Statutes (1975), and it is approved insofar as it holds that chapter 119, Florida Statutes (1975), the Public Records Act, excludes any judicially created privilege of confidentiality and exempts from public disclosure only...

...SUNDBERG, J., dissents in part and concurs in part with an opinion, with which ENGLAND, C.J., and ADKINS, J., concur. SUNDBERG, Justice, concurring in part and dissenting in part. I concur in all portions of the majority opinion except that which holds that Florida Appellate Rule 5.12(1) controls over the provisions of section 119.11(2), Florida Statutes (1975)....

...Granted, section (2) of the rule permits the exercise of judicial discretion upon motion of a party and good cause shown. Nevertheless, I deem section (1) of the rule to be nothing more than a policy decision of general application by this Court. Consequently, where the legislature has concluded, as they have in section 119.11(2), that special circumstances outweigh the policy considerations in favor of permitting an automatic stay for governmental entities, I perceive no conflict with the Court rule of general application....

...zed as substantive or procedural according to the nature of the problem for which a characterization must be made" [1] and, therefore, the general policy considerations of rule 5.12(1) should give way to the special policy considerations inherent in section 119.11(2), Florida Statutes (1975)....

...ADKINS, J., concurs. NOTES [1] Whether or not there is a constitutional right of privacy which limits the Public Records Act is not presented, and we do not consider that issue in the present case. [2] The present decision is limited to the relationship between section 119.11(2) and the "Florida Appellate Rules, 1962 Revision." [1] In re Florida Rules of Criminal Procedure, 272 So.2d at 66.

transaction of official business by any agency." § 119.011(1), Fla. Stat. (1981). Institutions of higher

...n 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)....

...Although the instant case apparently does not involve a regulation designed to allow the employee to be present, unlike the ordinance in Roberts, we find it necessary to address the issue because it has been raised. [3] We are aware of the 48-hour deadline of section 119.11(2) upon which the court below relied in determining what would constitute a reasonable period for an automatic delay....

relief were appeals within the meaning of section 119.011(3)(d)2, Florida Statutes (1985). The appellants

assure openness in and access to government. Section 119.011(2), Florida Statutes (1977), defines "agency"

v. State, 222 So.2d 769 (Fla. 3rd DCA 1969); § 119.011(1), Florida Statutes (1987). The appellees' contend

Henderson v. State, 745 So.2d 319, 326 (Fla.1999). Section 119.011(3)(d)(2), Florida Statutes (1999), provides

noting that it was troubled by the wording of section 119.011(2) which provides: "Agency" means any state

statute so long as it is deemed to be active. Section 119.011(3)(d), explains: 2. Criminal investigative

regardless of physical form of characteristics... ." § 119.011(1), Fla. Stat. (1979); see also Shevin v. Byron

agency as defined in section 119.011(4), for the purposes defined in section 119.011(3), was permitted because

...To remedy that problem, appellees offered to design and pay for a program that would produce the desired printout or to reimburse appellants for obtaining such a program and running it for appellees. Appellants refused, resulting in this litigation. The issues were presented to the court at a priority hearing provided for by Section 119.11(1)....

own performance, then it would fall within section 119.011(1), Florida Statutes (1981),[5] and be a public

..., and sought a peremptory writ of mandamus for the release of information by the public agencies. The state attorney was one of the named defendants. On the same day the trial court issued a rule to show cause, returnable later that day, pursuant to section 119.11, Florida Statutes (1983)....

transaction of official business by any agency." § 119.011(1), Fla. Stat. (2003). In State v. Kokal, 562

authority is an agency whose records are public. § 119.011. This case, therefore, deals solely with access

penalty phase. KOGAN, J., concurs. NOTES [1] Section 119.011(1), Florida Statutes (1987). [2] Kight's conflict

GOVERNMENT AGENCY ARE PUBLIC RECORDS PURSUANT TO SECTION 119.011(1), FLORIDA STATUTES (2000), AND ARTICLE I

investigative information," as defined in section 119.011, Florida Statutes (1993).[2] All parties agreed

reports were "public records" as defined by Section 119.011(1), Florida Statutes (1979), and therefore

07(3)(b), Florida Statutes (1995), as defined in Section 119.011, Florida Statutes (1995): (3)(a) "Criminal

intelligence" information enjoying the shelter of section 119.011(3)(c), Florida Statutes (1981). We affirm.

should be open at all times to the public. Section 119.011(3)(b) provides an exception whereby "criminal

as an agency under the following definition in § 119.011(2): (2) "Agency" shall mean any state, county

transaction of official business by any agency." § 119.011(1), Fla. Stat. (1995). "Agency" is defined to

...JURISDICTION In light of the policy of the legislature and the courts of this state to expedite proceedings involving denial of media access to public records and judicial proceedings, certiorari is unquestionably an appropriate vehicle for review of the issues involved here. § 119.11, Fla....

...ers, 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 are exempt from the provisions of subsection (1). ... . 119.11 Accelerated hearing; immediate compliance....

...ther to assert any existing right of exemption or confidentiality, seems only logical and reasonable. The Lee County resolution, we find, imposes ... reasonable conditions in allowing employees twenty-four hours' notice... . [I]t is significant that section 119.11 requires that whenever a court orders an agency to open its records for inspection in accordance with the provisions of chapter 119, the agency shall comply with such order within forty-eight hours, unless otherwise provided by the court issuing such order....

...The public has the right to know and have access to pertinent records. On the other hand, the employee should be accorded a modicum of protection, if for no other reason than one of fairness and equal treatment. We also conclude, in accord with the reasoning of Roberts, that section 119.11 implies that a forty-eight-hour delay in releasing records is reasonable. We therefore reaffirm this court's approval in Roberts of a twenty-four-hour delay as reasonable. However, in accordance with the limitation on delay set forth in section 119.11, we now hold that an agency shall have no longer than forty-eight hours to comply with a Public Records Act request....

...y refer to the subject of the times for production of public records and, I believe, require the result advocated in Judge Danahy's opinion. In addition, the subject of a delay in those times has also been expressly referred to by the legislature in section 119.11(2), which provides for a 48-hour delay in the court-ordered production of records, allowing a party sufficient time to seek an appellate stay of the order without, in the meantime, having to release the documents. Section 119.11(2) provides for no delay for records production without a court order, *526 and it is the only provision of the Act addressed to a specific time period within which records may be produced....

...ours is impractical. On the other hand, the 48-hour municipally-authorized delay period [2] approved in the majority opinion provides no safety valve and would appear to be a rigid maximum time which, in contrast to the legislative plan evidenced by section 119.11(2), may well not be practical in application upon, for example, a request for voluminous documents requiring extraordinary effort to locate and produce....

2d 474, 478 (Fla.1993). [6] According to section 119.011, Florida Statutes (1995): (1) "Public records"

transaction of official business by any agency." Section 119.011(1), Florida Statutes (1981). The Supreme Court

Mental Health, Inc., a public agency. [3] Section 119.011(2), Florida Statutes (1987), defines an agency

was not an agent of the City as defined in section 119.011(2), Florida Statutes. Furthermore, as previously

...ed a writ of mandamus to compel production and public inspection of the consultant's papers as public records. Section 119.07. However, the court impounded and sealed the papers pending appeal because "significant damage may result" from disclosure. Section 119.11....

...erved that interest by the less intrusive alternative of revealing in the public records of this court, and again in this opinion, all information in the consultant's papers which does not identify the prospects. In appropriate cases presented under Section 119.11, the courts of first instance may and should order such selective disclosure to accommodate both the public and the private interests involved....

refuse this privilege to any citizen." [5] Section 119.011(1), Fla. Stat. (1973). [6] Section 119.07(2)(a)

inspection by any person." § 119.01(1). Second, section 119.011(3)(c)(5) specifically provides, with exceptions

recordings are "documents" within the meaning of section 119.011(3)(c)(5), Florida Statutes (1979). That section

as a "public record" as defined in Fla. Stat. § 119.011(1) (1975) but which stated "... that the issues

for purposes of the Florida Public Records Act. § 119.011(2), Fla. Stat. (1989). Although we are inclined

...ter 119 for the production of all records maintained by Locke relating to the expenditures of state tax money allocated for the maintenance of his office. When Locke failed to produce the records to Hawkes' satisfaction, Hawkes filed suit to enforce section 119.11, Florida Statutes (1987)....

...have had to deny relief. Consequently, we deny the writ of prohibition and remand to the trial court with directions that the action be dismissed. It is so ordered. SHAW, C.J., and McDONALD, BARKETT, GRIMES, KOGAN and HARDING, JJ., concur. NOTES [1] Section 119.11, Florida Statutes (1987), provides: (1) Whenever an action is filed to enforce the provisions of this chapter, the court shall set an immediate hearing, giving the case priority over other pending cases....

to the definition given in the law itself. Section 119.011(12) defines the term "public record" as: all

...The hospital employees whose records are involved in this case were allowed to intervene and file amicus curiae briefs. We reverse the lower court and remand for further proceedings not inconsistent with this opinion. The lower court held a hearing pursuant to section 119.11(1), Florida Statutes (1979)....

...[10] Exhaustion of administrative remedies is a question of judicial policy, not jurisdiction. St. Joe Paper Company v. Florida Department of Natural Resources, 536 So.2d 1119 (Fla. 1st DCA 1988). Judicial enforcement of the Public Records Law is implicitly authorized by section 119.11(1), which provides: "Whenever an action is filed to enforce the provisions of this chapter, the court shall set an immediate hearing, giving the case priority over other pending cases." Section 286.011(2) explicitly confers jurisdictio...

the State of Florida within the meaning of section 119.011(2), Florida Statutes (2002), and "public officers"

error and reverse. The Public Records Act, section 119.011(2),[1] Florida Statutes (1981) applies to public

was not an agency as that term is defined by § 119.011, Florida Statutes, and thus his records were not

of "criminal justice agency" established by section 119.011(4), Florida Statutes (1983). The information

the court explained that: Instead, we read section 119.011(3)(c)5 in a manner consistent with the apparent

...final order. However, early discretionary intervention is appropriate in this case, based on the policy of the legislature and courts of this state to expedite proceedings involving denial of media access to public records and judicial proceedings. § 119.11, Fla....

within the scope of "public records" as defined in § 119.011(1), F.S.A. There is nothing in the statute to

THE TRIAL COURT ABUSE ITS DISCRETION UNDER SECTION 119.011(3)(c)5 OF THE PUBLIC RECORDS ACT IN DENYING

Authority, by its definition, falls within section 119.011(2), Florida Statutes. See footnote 1. [5]

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

that the definition of *1239 agency under section 119.011(2)[1], Florida Statutes (1997) does not include

added.) The definition of "public records" in section 119.011(1), Florida Statutes (1979), and the definition

...Schaefer filed suit to demand that they be turned over on January 10, 2003. Count one alleged unlawful refusal to disclose public documents and demanded that the Office of the State Attorney make the records available within forty-eight hours pursuant to section 119.11(2), Florida Statutes (2002)....

exempt from the provisions of subsection (1). Section 119.011(3)(b) reads: "Criminal investigative information"

law or agency rule to be given to the accused. § 119.011(3)(c)(5). Rule 3.220 requires the state to turn

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

...Koller, Assistant Attorney General, Daytona Beach, for Appellee. THOMPSON, J. Gregory Woodfaulk challenges the trial court's order denying his petition for an accelerated hearing and immediate compliance with his public records request from the state attorney's office pursuant to section 119.11, Florida Statutes (2005)....

...State, 816 So.2d 647 (Fla. 5th DCA 2002) (table), and the denial of his 3.850 motion for postconviction relief. Woodfaulk v. State, 857 So.2d 897 (Fla. 5th DCA 2003) (table). Woodfaulk alleged in his petition for an accelerated hearing pursuant to section 119.11 that he received no response to his two public records requests in March or April 2005 and in May 2005 requesting his records from the state attorney's office in case number CR00-2125, the underlying criminal case....

...4th DCA 1992), stating: That policy has received clear recognition in both the legislature and the courts. The legislature has also recognized that time can sometimes be an important element in the right of access to public records. Hence, the provision for early hearings on public records cases. Section 119.11 places no specific requirements on the party requesting the record to obtain an accelerated hearing except the filing of an action to enforce the public records law. It states: "Whenever an action is filed to enforce the provisions of this chapter, the court shall set an immediate hearing, giving the case priority over other pending cases." § 119.11(1)....

...Nor does it require that the petitioner attach copies of any earlier requests. The court abused its discretion in denying an immediate hearing on Woodfaulk's request. Woodfaulk's petition triggered the requirement that the court set an immediate hearing. § 119.11(1)....

...e signature cards. The circuit court denied the restraining order on the ground it lost jurisdiction when PERC and UFF appealed to this court in Case BB-98. Fla.App. Rule 5.12(1), provides for supersedeas without bond upon appeal by any public body. Section 119.11 provides there shall be no automatic stay on appeal of orders entered under Chapter 119 and requires that a stay application show a "substantial probability that opening the records for inspection will result in significant damage." In...

...1st DCA 1977); School Board of Leon County v. Mitchell, 346 So.2d 562 (Fla. 1st DCA 1977). Yet, as we indicated in Willis, 344 So.2d at 588, the Public Records Act explicitly authorizes injunction suits against administrative agencies notwithstanding the existence of administrative remedies. Section 119.11, Florida Statutes (1975)....

...t of an ongoing criminal investigation. Cf. Rechler, 674 So.2d 789 (Fla. 4th DCA 1996); Quigley v. Satz, 596 So.2d 753 (Fla. 4th DCA 1992). Appellant has an adequate legal remedy for expeditiously obtaining relief pursuant to the Public Records Act, section 119.11, Florida Statutes (1995). Section 119.11 provides for an accelerated hearing so that the trial court can determine whether or not the agency properly refused to produce the record, but appellant must first serve a complaint on the appropriate agency....

one of the county's attorneys to another. Section 119.011(1), Florida Statutes, defines "public records"

...process rights under the Florida Constitution. As to his first count, Downs sought an injunction requiring Austin to disclose all records showing the results of Johnson's polygraph tests. Downs' second cause of action sought a writ of mandamus under section 119.11, Florida Statutes (1981), commanding Austin to perform his ministerial duty and permit Downs to inspect, copy, and examine the public records of the Duval County District Attorney's office showing the results of Johnson's polygraph tests....

...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....

definition of public records as broadly defined in Section 119.011, Florida Statutes (1981); the trial court,

determination that Boyle is an "agency" under section 119.011(2) insofar as it performed services for the

conviction remains pending on direct appeal. See § 119.011(3)(d)(2), Fla. Stat. However, the statutory exemptions

to the Clerk as the court's record keeper. Section 119.011(1), Florida Statutes (1991), defines "public

entity acting on behalf of any public agency." § 119.011(2), Fla. Stat. (2000).[1] The issue in this case

exempt from the provisions of subsection (1)." Section 119.011(3)(b) defines "criminal investigative information"

materials Wisner was seeking are public records. See § 119.011(1), Fla. Stat. (1989)[3]; City of Delray Beach

Centafont is not an "agency" within the meaning of F.S. 119.011(2). While we agree with appellant that persons

records" contained in section 119.011(1), Florida Statutes (2001), insofar as section 119.011(1) defines "public

supervision by the custodian of the public records. Section 119.011(11), Florida Statutes (2007), defines "Public

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

Judicial court proceedings may be encompassed by section 119.011(2), Florida Statutes (1985), but it is doubtful

any type of surveillance." § 119.011(3)(b), Fla. Stat. (1997). Section 119.011(3)(d), Florida Statutes (1997)

centers on the definition of a "public record." Section 119.011(1), Florida Statutes (2000), provides: "Public

...Colby, however, did not want to look through the boxes of files, and he has never availed himself of this opportunity, although he continues to complain that the County has failed to satisfy his public records request. [7] *35 As mandated by the public records law, the circuit court held a hearing in short order. See § 119.11, Fla....

are not public records within the meaning of section 119.011(1), Florida Statutes (1981), as interpreted

[1] Florida Statute 119.01 (1973) [2] Florida Statute 119.011(1) (1973) [3] In this state the right

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

open to inspection by the press and public. Section 119.011(1), Florida Statutes (1987) defines "public

transaction of official business by any agency." § 119.011(11), Fla. Stat. (2006); see Shevin v. Byron, Harless

behalf of" a public agency as described in section 119.011(2). Harold sued the County and CKH under section

...While certain information was provided, the School Board failed to produce the remaining requested materials, all of which CCEA alleged are public records in the School Board’s custody. CCEA requested an immediate hearing on its complaint, as provided for in section 119.11(1), Florida Statutes (2013)....

...etition and answer to the alternative writ raise disputed factual issues, the trial court must resolve these issues upon evidence submitted by the parties”). Further, CCEA correctly observes that a hearing should have taken place immediately under section 119.11(1), which provides, “Whenever an action is filed to enforce the provisions of this chapter, the *710 eourt shall set an immediate hearing, giving the case priority over other pending cases.” Accordingly, we reverse the trial court’s dismissal and remand for an immediate hearing under section 119.11(1) and, if necessary, further proceedings to resolve any factual disputes that remain between the parties’ complaint and answer....

Citing the definition of a public record in section 119.011(12), Florida Statutes, the court concluded

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

"Public record" is statutorily defined in section 119.011(1), Florida Statutes (2000), to include all

threaten the safety of a victim or witness. Section 119.011(3)(c)(5) provides, in pertinent part, that

requirements. Art. I, § 24(c), Fla. Const. Section 119.011(12) defines a "public record" as: [A]ll documents

JNC is not an agency subject to chapter 119. Section 119.011(2) defines "agency" as: [A]ny state, county

...The right to be present may well result in the employee waiving any right of privilege or confidentiality, and, therefore, work to the advantage of prompt access to the records. In regard to the reasonableness of the twenty-four hour delay, it is significant that section 119.11 requires that whenever a court orders an agency to open its records for inspection in accordance with the provisions of chapter 119, the agency shall comply with such order within fortyeight hours, unless otherwise provided by the court issuing such order....

"state agency or authority." As stated in Section 119.011(2), Florida Statutes, the Public Records Law

...ritten requesting the documents and seeking additional documents; that the City had refused to provide the requested documents, in direct violation of Florida statutes; and that Appellants are entitled to an award of reasonable attorney's fees under section 119.112, Florida Statutes (1997). Appellants demanded that the City provide the requested documents and pay costs and fees. Appellants also sought an accelerated hearing pursuant to section 119.11, Florida Statutes (1997)....

493 So.2d 480, 485 (Fla. 2d DCA 1986); see also § 119.011(3)(c)(5). Gutierrez objected to the release of

C.J., and THOMPSON, J., concur. NOTES [1] Section 119.011(3)(c)(5), Florida Statutes, provides in part:

investigative information." Those terms are defined in section 119.011(3), Florida Statutes (2005). That statute states:

...The appellee filed a motion for dismissal and attorney's fees and costs arguing, among other things, that the complaint failed to state a cause of action because there was no refusal of access to the records. Although an accelerated hearing on the complaint was scheduled under section 119.11, Florida Statutes (2010), the trial court only heard argument on the motion to dismiss, not on the merits of the appellant's complaint....

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

behalf of an agency within the meaning of section 119.011(2), Florida Statutes (1987), and was required

the ten documents, the trial court relied on section 119.011(3)(c)5, Florida Statutes (1997),[2] and found

...*1092 James J. Butler and William E. Guy, Jr., Stuart, for petitioners. Richard D. Kibbey, Stuart, for respondent. ANSTEAD, Judge. Petitioners seek by mandamus an order directing the trial court to set their action for immediate hearing pursuant to section 119.11(1), Florida Statutes (1989)....

...inst the City of Stuart seeking access to particular public records allegedly maintained by the City. Petitioners assert in their petition to this court that they made numerous unsuccessful efforts to obtain an immediate court hearing as provided in section 119.11(1)....

...for an immediate hearing. On October 10, the trial court entered an order setting a hearing for November 27, 1991. The order also directed the parties' counsel to file memoranda concerning the constitutionality of the operative statutory subsection, section 119.11(1). Prior to that hearing date we granted relief to petitioners. LAW Section 119.11(1) provides: "Whenever an action is filed to enforce the provisions of this chapter [Public Records Act], the court shall set an immediate hearing, giving the case priority over other pending cases." Petitioners cite an opinion of the attorney general, Opinion No....

...udgment), 550 So.2d 442, 443 (Fla. 1989). We would also reference the numerous statutes on the books that involve procedural, as opposed to substantive, laws. Williams v. First Union Nat'l Bank, 591 So.2d 1137 (Fla. 4th DCA 1992) (footnote omitted). Section 119.11(1), Florida Statutes, dates back to the laws of 1975....

...The court apparently held a hearing on October 18th, dealing with discovery matters in the case. Petitioners finally filed this petition for writ of mandamus on October 24th. They sought an order (writ) compelling the assigned judge to hold the "immediate hearing" required by section 119.11(1)....

...and deprives us of the opportunity to tell him to do so. It is as though we lust to assert our powers, when ours is a deliberate and cautious authority — especially for extraordinary review. Properly understood, the immediate hearing called for by section 119.11(1) is, in reality, a trial on the merits of petitioners' public records claim....

that the documents are public records under section 119.011(1), Florida Statutes (1995), are not exempt

of" a public agency. However, the wording of section 119.011(2) of the Florida Statutes (1989) troubles

constitutional or statutorily created exemption. Section 119.011(1), Florida Statutes (1995), defines in pertinent

actual possession of the desired records. Section 119.011(2), Florida Statutes (1979), defining "agency"

...If a public record is not made available for inspection or copying in accordance with the provisions of the Public Records Act, the Legislature has provided for enforcement through a civil action, with an “immediate hearing” that is given priority over other pending court cases. § 119.11(1), Fla. Stat. (2009). In other words, an accelerated civil action plays a critical role in the enforcement of the Public Records Act, as is reflected in the title of section 119.11 — “Accelerated hearing; immediate compliance.” § 119.11, 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....

death certificate is a public record under Section 119.011(1), Florida Statutes (1983). Ordinarily, then

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

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

...it against the City, alleging that the City had violated Florida’s Public Records Law by failing to timely provide him the records that had been requested in the June 7th Request. Herbits’s lawsuit also sought an expedited hearing pursuant to section 119.11(1) of the Florida Statutes. On or about July 12, 2013, the City produced records that the City asserted were responsive to the June 7th Request. 2  On July 19, 2013, the tri...

enacted Chapter 119 of the Florida Statutes. Section 119.011(2) broadly defines the term "agency" to include

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

entities "acting on behalf of any public agency," § 119.011(2), Fla. Stat. (2006), in order "to ensure that

transaction of official business by any agency." § 119.011(1), Fla. Stat. (2003). The Legislature has declared

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

of official business. Id. at 846 (quoting section 119.011(1), Fla. Stat. (2000) and Art. I, § 24(a),

transaction of official business by any agency." § 119.011(11), Fla. Stat. (2007). In Shevin v. Byron, Harless

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

STRINGER and DAVIS, JJ., Concur. NOTES [1] Section 119.011(1), Florida Statutes (2002), defines "public

Booksmart). "Public records," as defined by section 119.011(1), Florida Statutes (1995): "[M]eans all documents

THE TRIAL COURT ABUSE ITS DISCRETION UNDER SECTION 119.011(3)(c)5 OF THE PUBLIC RECORDS ACT IN DENYING

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

633, 640 (Fla.1980)(emphasis added). See also § 119.011(11), Fla. Stat. (2005)(defining a public record

...Kline appeals, raising several issues including the trial court’s failure to conduct a hearing on the petition. Because the trial court prematurely ruled on the petition without the benefit of a hearing, we decline to reach the remaining issues. Section 119.11(1), Florida Statutes (2015), provides: “Whenever an action is filed to enforce the provisions of [the Public Records Act], the court shall set an immediate hearing, giving the case priority over other pending cases.” The purpose...

...Ass'n v. 2 Clay Cnty. Sch. Bd., 144 So. 3d 708, 710 (Fla. 1st DCA 2014) (reversing and remanding dismissal of mandamus petition for an evidentiary hearing to resolve disputed issues of fact). The plain language of section 119.11(1) requires the trial court to conduct a hearing on actions seeking to enforce the right to access public records under chapter 119....

...Absent waiver, an order issued without the statutorily-required hearing is premature. See Grace v. Jenne, 855 So. 2d 262, 263 (Fla. 4th DCA 2003). For this reason, we reverse the trial court’s order denying Kline’s petition. We direct the court on remand to conduct a hearing as required by section 119.11(1), and to resolve any dispute between the parties as to whether there are records responsive to Kline’s requests and whether such records are partially or wholly exempt from disclosure. REVERSED and REMANDED. MAKAR and BIL...

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

...e complaint. The federal court ultimately dismissed Southern's case with prejudice after Southern failed to amend the complaint in that court. Southern then filed the instant suit in July 2002. The trial court held an evidentiary hearing pursuant to section 119.11, Florida Statutes, on the public records claim....

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

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

...STATE of Florida, Appellee. No. 2D09-2634. District Court of Appeal of Florida, Second District. May 19, 2010. Mark Lawson, pro se. NORTHCUTT, Judge. Mark Lawson filed a motion requesting documents contained in the state attorney's file in his case. See § 119.11, Fla....

...That Mandamus Writ is on appeal to this court but not under consideration here. After appeal of the "Final Judgment granting Peremptory Writ of Mandamus" was filed the Appellee moved to have the Appellant held in contempt of court because he had not complied with the Judgment and failed to obtain a stay order as required by Section 119.11(2), Florida Statutes (1975), which says a notice of appeal shall not operate as an automatic stay....

...The Appellant replied to the Motion for Contempt by citing Fla.App.Rule 5.12 which says when an officer (clerk) of a political subdivision of the state (a city) takes an appeal then the notice of appeal stays the execution of the order appealed. There is a direct conflict between Section 119.11(2), Florida Statutes (1975) and Fla....

...1969); In re: Clarification of Florida Rules of Prac. & Pro., supra. Since we have determined the question of whether or not the Clerk need obtain a stay order is procedural than the Rule of the Supreme Court must take precedence over the Statute. Fla.App.Rule 5.12 controls over Section 119.11(2), Florida Statutes (1975) and the attempt by the legislature to have otherwise is violative of Article V, Section 2, Florida Constitution....

...witness. In Woodfaulk v. State, 935 So.2d 1225, 1226 (Fla. 5th DCA 2006), the court recognized that a prisoner is entitled, under the public records act, to an accelerated hearing on a petition requesting access to public records under the statute. Section 119.11(1), Florida Statutes, provides: "Whenever an action is filed to enforce the provisions of this chapter, the court shall set an immediate hearing, giving the case priority over other pending cases." Deas requested that his public records request be set for hearing within a reasonable amount of time....

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

. acting on behalf of any public agency." Section 119.011(2), Florida Statutes. [2] Sec. 240.209(2)

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

Playhouse is "a public agency as defined by section 119.011(2)," Florida Statutes (2006), and is therefore

criminal defendant. § 119.011(3)(c), Fla. Stat. (1995). Pursuant to section 119.011(3)(c)5, Florida Statutes

...To the extent that the petitioner claims that the sheriff has not complied with his public records request, the petition is dismissed both because no filing fee has been paid, see Martin v. Marko, 651 So.2d 819 (Fla. 4th DCA 1995), and because jurisdiction does not lie in this court in any event. See § 119.11, Fla.Stat....

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

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

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

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

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

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

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

The records are public records as defined in section 119.011(12), Florida Statutes. Section *512 119.07(1)

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

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

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

...The Miami Herald filed a comment to the proposed rules and suggested that we eliminate from the rule the auto *1115 matic stay granted public bodies and public officers when they file appeals in cases dealing with public records and public meetings. The Herald asserted that the legislature expressed public policy in section 119.11(2), Florida Statutes (1979), by providing for only a limited automatic stay....

...1979), we held that the above provision unconstitutionally invaded the rule-making power of this Court. The Herald now asks that we include a substantially similar provision in Rule 9.310(b)(2). We conclude that we should implement the public policy evidenced by section 119.11(2), Florida Statutes (1979), and have modified the rule to provide for a 48-hour automatic stay in public meeting and public record cases....

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

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

...Protection of the appellants’ rights is the express statutory intent of the exemption. § 415.51(l)(a), Fla.Stat. (Supp.1990). 1 The custodian’s refusal to assert the exemption deprives them of their statutory protection. Moreover, judicial enforcement of the public records law is implicitly authorized by sections 119.11(1) and (3), Florida Statutes (1989). 2 Florida Society of *163 Newspaper Editors, Inc. v. Florida Public Service Commission, 543 So.2d 1262, 1266 (Fla. 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)....

...The appellants, however, seek only to compel the Sheriff to perform his duty under the law and to raise a statutory exemption. On remand the trial court will have to determine if the report sought to be excluded is exempt under the applicable statutes. In construing section 119.11, to permit actions both to compel the custodian to disclose records and to raise statutory exemptions, we attempt to strike a balance between two competing policies of this state: the policy that all public records be open at all times...

...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. . Sections 119.11(1) and (3), Florida Statutes (1989), provide: (1) Whenever an action is filed to enforce the provisions of this chapter, the court shall set an immediate hearing, giving the case priority over other pending cases....

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

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

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

...is unwarranted at this point. See Munn v. Fla. Parole Comm’n, 807 So.2d 733 (Fla. 1st DCA 2002). We note, however, that petitioner’s complaint is entitled to accelerated consideration and case priority over other pending cases in accordance with section 119.11(1), Florida Statutes (2012)....

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

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

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

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

PER CURIAM. After the sheriff denied appellant’s request for public records, appellant filed this action under section 119.11, Florida Statutes (2001), asking the trial court to determine whether the sheriff properly refused to produce the records....

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

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

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

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

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

...Petitioner seeks certiorari review of an order of the circuit court denying his motion to compel the production of documents requested pursuant to chapter 119, Florida Statutes. Petitioner asserts that the circuit court departed from the essential requirements of the law in failing to have a hearing as is required by section 119.11(1), *1175 Florida Statutes (2006), before issuing an order denying his public records request....

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

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

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

...question of whether any of the parties to whom Vance’s requests were directed in fact have the records he seeks. Because of the need for the circuit court to resolve this factual issue, we find that its order to show cause is not a departure from the essential requirements of section 119.11(1), Florida Statutes (2014), which provides for accelerated consideration and 2 case priority for claims seeking to enforce the Public Records Act, and therefore deny Vance’s alternative request that we undertake certiorari review of the order to show cause....

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

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

...When the court orders an agency to open its records for inspection, the agency must comply within forty-eight hours unless otherwise specifically provided by the court or unless an appellate court issues a stay order within the forty-eight-hour period. Section 119.11(2). The filing of a notice of appeal shall not operate as an automatic stay. Section 119.11(2). A stay order shall not be issued unless the court determines that there is a substantial probability that opening the records for inspection will result in significant damage. Section 119.11(3). “In Clark v. Walton, 347 So.2d 670 (Fla. 4th DCA 1977), it was held that whether a public agency taking an appeal need obtain a stay order is procedural, therefore Rule 5.12(1) takes precedence over Section 119.11(2)....

...Raymond Claudio has filed a petition for writ of mandamus to compel the Clerk of Court of Volusia County to accept for filing a “petition for accelerated hearing” of a public records request that he claims to have delivered to the clerk. The “accelerated hearing” refers to the provision in the public records law, section 119.11, Florida Statutes (2013), that requires the court to set an immediate hearing upon the filing of a civil action to enforce the public records law....

...t the petitioner’s denomination of his filing in the lower court was the source of the problem. In response to our order to show cause, Mr. Claudio asserts that the filing of a petition for accelerated hearing is the filing of a civil action under section 119.11, and cites to our opinion in Woodfaulk v....

...that the panel, in writing the opinion, simply abbreviated the title in referring to the filing. Thus, contrary to Mr. Claudio’s contention, the filing of a “petition for accelerated hearing” is not sufficient to commence a civil action under section 119.11. The statute contemplates a complaint, counterclaim or cross-claim. See § 119.11(4), Fla....

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

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

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

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

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

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

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

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

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

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

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

...o Chapter 119, Florida Statutes, for the production of all records maintained by Locke relating to the expenditure of state tax money allocated for the maintenance of his office. When Locke failed to produce the records, Hawkes filed suit to enforce section 119.11 of the Public Records Law....

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

...among other things, a government to allow inspection of public records. 2 that the requested text messages “were made during a City Commission Meeting and pertain[ed] to City business.” Pursuant to section 119.11(1), 2 the trial court conducted an April 12, 2021 expedited hearing on Gatto’s claims, at which it ordered the City and Goldman to provide the trial court with all of Goldman’s text messages sent or received during the November...

...ose text messages the trial judge deemed to be public records – both the Ryzhichkov texts and the Husband Texts. Without providing the requisite 48 hours’ notice 4 of the trial court’s determination, the text messages were e-mailed to 2 Section 119.11(1) reads as follows: “Whenever an action is filed to enforce the provisions of this chapter, the court shall set an immediate hearing, giving the case priority over other pending cases.” § 119.11(1), Fla. Stat. (2021). 3 It is unclear from the record on appeal whether there were text messages between Goldman and other people. 4 Section 119.11(2) reads as follows: “Whenever a court orders an agency to open its records for inspection in accordance with this chapter, the agency 3 the parties’ counsel....

...The City and Goldman did not appeal the disclosure of these texts. Gatto’s appeal focuses only on the Husband Texts. shall comply with such order within 48 hours, unless otherwise provided by the court issuing such order, or unless the appellate court issues a stay order within such 48-hour period. § 119.11(2), Fla....

...it has been determined, with finality, that the documents are subject to disclosure. See AgroSource, Inc. v. Fla. Dept. of Citrus, 148 So. 3d 138, 140 (Fla. 2d DCA 2014) (Altenbernd, J. concurring in part, dissenting in part.) Indeed, the purpose of Section 119.11(2)’s 48-hour “hold” period is to allow an appeals court to enter a stay of a judgment ordering disclosure to allow the appeals court to conduct its review of the subject documents prior to the documents being disclosed. 6 inspection....

criminal investigations. Pursuant to Fla. Stat. § 119.011(3)(d)(2), "criminal investigative information

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

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

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

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

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

...Rumph, General Counsel, Florida Parole Commission, Tallahassee, for Respondent. PER CURIAM. The petition for writ of mandamus is granted. No later than 15 days after issuance of mandate in this case, the circuit court shall schedule a hearing on petitioner's public record request. See § 119.11, Fla....

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

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

...es to comprehensive plan amendments; and tax assessment challenges. Section 164.1041(1) does not explicitly mention Public Records Act disputes. Nonetheless, Pembroke Pines, below and on appeal, with reference to section 164.1041(1), argues that section 119.11 is a “procedure[] for challenges to specific governmental actions,” and the duty to negotiate would “abrogate” that section’s “accelerated hearing” procedure. We agree with the Answer Brief: Nothing in Chapter 119 is abolished, annulled or repealed by requiring governmental entities to attempt to work out disputes between themselves regarding a public records request before the issue is addressed by the court. Section 119.11(1) ....

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

...Edwin Matos, Arcadia, pro se. Pamela Jo Bondi, Attorney General, and Joseph A. Tringali, Assistant Attorney General, West Palm Beach, for appellee. WARNER, J. We grant the petition for writ of mandamus requiring the court to set an immediate hearing pursuant to section 119.11, Florida Statutes, on the petitioner's public records request....

...The statute requires the court to set an "immediate" hearing, and petitioner's claim has been pending for eight months. Petitioner filed a petition for writ of mandamus in the circuit court on June 13, 2011, seeking to enforce his right to request public documents pursuant to section 119.11....

...The court ordered the state to respond to the petition in September 2011. [1] The state did not respond, nor did the trial court set a hearing, prompting the petition to this court. We issued an order to show cause, and the state responded requesting additional time to respond in the trial court. Section 119.11(1) requires the court to set "an immediate hearing, giving the case priority over other pending cases." We have held that an immediate hearing does not mean one scheduled within a reasonable time but means what the statute says: immediate....

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

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

...Stern alleged he initially propounded his requests on social media and received no response. Both the City and Levine moved for dismissal on the basis that the requested production did not implicate any public records or, alternatively, was exempt from disclosure. Invoking section 119.11, Florida Statutes, Stern sought an accelerated hearing and entry of final judgment....

...Records custodians are required to furnish such records for inspection and copying “by any person desiring to do so.” § 119.07(1)(a), Fla. Stat. 5  In accord with these prerogatives, an action under the Public Records Act takes precedence over other pending cases. § 119.11(1), Fla....

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

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

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

...The trial court simply denied plaintiffs motion to compel without giving any reasons. In Salvador v. Fennelly, 593 So.2d 1091 (Fla. 4th DCA 1992), a public records case, this court granted mandamus and ordered the trial court to set a hearing pursuant to section 119.11, Florida Statutes....

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

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

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

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

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

...nderstood as a generic plural term with no added significance regarding “fees for fees.” As the Town points out, the identical plural language is used elsewhere in another portion of the statute that has nothing to do with attorney’s fees. See § 119.11(1), Fla....

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

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

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

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

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

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

...iled to protect the students and staff on February 14. For these reasons, we affirm the Order on Petitioners’ Amended and Supplemental Motion for Further Relief in all respects. By statute, the BSO shall comply with this order within 48 hours. § 119.11(2), Fla....

...as, failed to protect the students and staff on February 14. For these reasons, we affirm the Order on Petitioners' Amended and Supplemental Motion for Further Relief in all respects. By statute, the BSO shall comply with this order within 48 hours. § 119.11(2), Fla....

Communications was not an "agency" as defined by section 119.011(1), Florida Statutes (2009), of the public

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

...through a civil action, with an "immediate hearing" that is given priority over other pending court cases. In other words, an accelerated civil action plays a critical role in the enforcement of the Public Records Act, as is reflected in the title of section 119.11—"Accelerated hearing; immediate compliance." Bd. of Trs., Jacksonville Police & Fire Pension Fund v. Lee, 189 So. 3d 120, 124 (Fla. 2016) (citation omitted) (quoting § 119.11(1), Fla....

...3 the official business of any public body, officer, or employee of the state, or persons acting on their behalf, except with respect to records exempted pursuant to this section or specifically made confidential by this Constitution."); § 119.11(1) ("Whenever an action is filed to enforce the provisions of this chapter, the court shall set an immediate hearing, giving the case priority over other pending cases.")....

subject to inspection and copying. See § 119.011(3)(c)(5), Fla. Stat. (addressing documents in

...d copying as provided by the Public Records Act, Chapter 119, Florida Statutes (1975). Appellants contend that Florida Appellate Rule 5.12(1) which provides that an appeal by a public agency stays the performance of the order appealed, controls over Section 119.11(2), Florida Statutes (1975), which provides there is no automatic stay, and further contend that the Public Records Act retains common law privilege....

...Chapter 119 provides that public records of this state and its political subdivisions shall be open to the public for examination, inspection and copying. When an action is filed to enforce the provisions of the chapter, the court must set an immediate hearing, giving the case priority over other pending cases. Section 119.11(1)....

...n forty-eight hours unless otherwise specifically provided by the court or unless an appellate court issues a stay order within the forty-eight-hour period. Section 119.-11(2). The filing of a notice of appeal shall not operate as an automatic stay. Section 119.11(2). A stay order shall not be issued unless the court determines that there is a substantial probability that opening the records for inspection will result in significant damage. Section 119.11(3)....

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

as "public records" within the meaning of section 119.011(11), Florida Statutes (2008). We affirm the

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

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

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

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

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

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

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

...(2013) (“the Act”). Petitioner asserts that the trial court departed from the essential requirements of the law when it: (1) failed to treat his motion to compel as a petition for writ of mandamus; and (2) failed to have a hearing as required by section 119.11(1), Florida Statutes, before denying his public records request....

...and shall produce the remainder of such record ....” § 119.07(l)(d), Fla. Stat. (emphasis added). If the person seeking the record disputes an asserted exemption and files an action to enforce the Act, the trial court is required to “set an immediate hearing, giving the case priority over other pending cases.” § 119.11(1), Fla....

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

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

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

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

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

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

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

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

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

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

records" encompassed in the broad definition of § 119.011(1), above quoted. The Commission's resistance

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

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

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

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

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

...count complaint seeking an order from the trial court requiring the City to produce the documents which Morris alleged the City had not produced. Morris also 2 moved for an accelerated hearing pursuant to section 119.11 of the Florida Statutes.1 During the litigation, Morris unilaterally set for deposition the City’s records custodian....

...On April 10, 2023, the trial court conducted a hearing on both Morris’s motion to compel the records custodian deposition and the City’s motion for entry of final judgment. Morris opposed the City’s motion, arguing that entry of final judgment would be premature because the City 1 In relevant part, section 119.11 provides as follows: “Whenever an action is filed to enforce the provisions of this chapter, the court shall set an immediate hearing, giving the case priority over other pending cases.” § 119.11(1), Fla....

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

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

"agency" for purposes of the Public Records Law, § 119.011(2), Florida Statutes (1995), or acting "on behalf

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

...1st DCA 2014) (reversing and remanding dismissal of mandamus petition for an evidentiary hearing to resolve disputed issues of fact); Grace v. Jenne, 855 So. 2d 262, 263 (Fla. 4th DCA 2003) (“After the sheriff denied appellant’s request for public records, appellant filed this action under section 119.11, Florida Statutes (2001), asking the trial court to determine 2 whether the sheriff properly refused to produce the records....

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

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

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

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

...-4- quiet title action lived on. The City posited that the transcript remained exempt from public disclosure. A third lawsuit followed. The Chmielewskis filed a complaint seeking disclosure of public records. See § 119.11....

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

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

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

...Bar-field followed up on his public records request by threatening legal action if the records were not provided by the next morning. On October 29, Mr. Barfield filed an emergency petition for writ of mandamus and an emergency motion requesting an immediate hearing pursuant to § 119.11(1), Florida Statutes....

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

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

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

...Appellant argues that the lower court should have held an accelerated hearing, to determine whether Appellee failed to comply with the statutory requirements of chapter 119, Florida Statutes (2009). We agree that Appellant is entitled to an accelerated hearing. § 119.11(1), Fla....

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

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

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

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

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

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

...nection with the transaction of official business and thus subject to the provisions of Chapter 119 , Florida Statutes. In any given instance, however, the determination would have to be made based upon the definition of "public record" contained in section 119.11 , Florida Statutes....

...nection with the transaction of official business and thus subject to the provisions of Chapter 119 , Florida Statutes. In any given instance, however, the determination would have to be made based upon the definition of "public record" contained in section 119.11 , Florida Statutes, as defined by the courts....

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

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

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

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

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

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

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

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