Public Records

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A bill to be entitled 1
An act relating to public records; amending s. 2
119.011, F.S.; revising the definition of the term 3
"actual cost of duplication"; amending s. 119.07, 4
F.S.; providing that it is a violation of ch. 119, 5
F.S., to fail to acknowledge a public records request 6
promptly and respond to such request in good faith; 7
requiring a custodian of public records to perform 8
specified actions within a specified timeframe; 9
prohibiting an agency from imposing costs or fees if 10
the custodian fails to take such actions in the 11
required timeframe; requiring a custodian to state in 12
writing certain justifications and citations; 13
prohibiting an agency from asserting that a record was 14
exempt or confidential and exempt under specified 15
circumstances; prohibiting an agency from asserting 16
certain justifications under specified circumstances; 17
removing provisions authorizing a fee for accessing a 18
public record electronically under a contractual 19
agreement; defining the term "any electronic medium 20
stored, maintained, or used by an agency"; requiring 21
an agency to provide public records requests in 22
specified formats; authorizing an agency to charge a 23
fee for such provision; prohibiting an agency from 24
charging certain costs or fees for specified public 25

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records requests; providing for the reduction or 26
waiver of fees under specified conditions; requiring a 27
written, detailed cost estimate to be provided upon 28
request to persons seeking to inspect or copy a public 29
record; prohibiting an agency from charging fees for 30
review and redaction of certain records; amending s. 31
119.10, F.S.; providing that a violation of any law 32
that provides access to public records is a violation 33
of ch. 119, F.S.; providing a civil penalty for a 34
person who violates provisions relating to accessing 35
public records; providing criminal penalties for a 36
person outside this state who knowingly violates such 37
provisions; requiring the court to assess specified 38
penalties if it makes certain determinations; amending 39
s. 119.12, F.S.; requiring the court to assess and 40
award against the agency certain costs and fees; 41
removing a provision exempting a complainant from 42
providing certain written notice; authorizing agency 43
reimbursement of attorney fees under specified 44
conditions; repealing s. 282.711, F.S., relating to 45
remote electronic access services, to conform to 46
changes made by the act; amending s. 921.0022, F.S.; 47
conforming a provision to changes made by the act; 48
providing an effective date. 49
50

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Be It Enacted by the Legislature of the State of Florida: 51
52
Section 1. Subsection (1) of section 119.011, Florida 53
Statutes, is amended to read: 54
119.011 Definitions.—As used in this chapter, the term: 55
(1) "Actual cost of duplication" means the cost of the 56
material and supplies used to duplicate the public record. The 57
term includes the cost of agency resources, including the cost 58
of clerical and supervisory assistance and costs incurred for 59
the use of agency information technology associated with such 60
duplication which are incurred by the agency in complying with a 61
request for public records. The cost of clerical or supervisory 62
assistance may not be greater than the base hourly rate of the 63
lowest paid personnel capable of providing such clerical or 64
supervisory assistance. The term does not include overhead costs 65
associated with duplication of a public record, but does not 66
include labor cost or overhead cost associated with such 67
duplication. 68
Section 2. Paragraphs (c), (f), and (g) of subsection (1), 69
paragraph (c) of subsection (2), paragraph (d) of subsection 70
(3), and subsection (4) of section 119.07, Florida Statutes, are 71
amended to read: 72
119.07 Inspection and copying of records; photographing 73
public records; fees; exemptions.— 74
(1) 75

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(c)1. A custodian of public records and his or her 76
designee must acknowledge requests to inspect or copy records 77
promptly and respond to such requests in good faith. A good 78
faith response includes making reasonable efforts to determine 79
from other officers or employees within the agency whether such 80
a record exists and, if so, the location at which the record can 81
be accessed. Failure to acknowledge a public records request 82
promptly and respond to such request in good faith is a 83
violation of this chapter. 84
2.a. No later than 3 business days after receiving a 85
public records request, a custodian of public records must: 86
(I) Provide the requested records; 87
(II) Provide the requester a good faith estimate of a 88
reasonable amount of time in which the custodian will provide 89
the records and a good faith estimate of any costs that will be 90
assessed for complying with the request; or 91
(III) To the extent any records request, or any portion 92
thereof, is denied, deny the request, in whole or in part, and 93
cite the statutory exemption authorizing the denial as provided 94
in paragraphs (e) and (f). 95
b. If the custodian of public records fails to take any of 96
the actions described in sub-subparagraph a. within 3 business 97
days after receiving the public records request, the agency may 98
not impose costs or fees for providing the requested public 99
record. 100

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c. Notwithstanding sub-subparagraph a., there is no 101
presumption in any civil action brought to enforce a requester's 102
right to inspect or copy public records that a request was not 103
unlawfully delayed because an agency complied with sub-104
subparagraph a. 105
(f) If requested by the person seeking to inspect or copy 106
the record, the custodian of public records shall state in 107
writing and with particularity: 108
1. The reasons for taking more than 15 days to provide the 109
requested record; or 110
2. The reasons for the conclusion that the record is 111
exempt or confidential, including all statutory citations relied 112
upon in determining that the record is exempt or confidential. 113
(g)1. In any civil action in which an exemption to this 114
section is asserted, if the exemption is alleged to exist under 115
or by virtue of s. 119.071(1)(d) or (f), (2)(d), (e), or (f), or 116
(4)(c), the public record or part thereof in question shall be 117
submitted to the court for an inspection in camera. If an 118
exemption is alleged to exist under or by virtue of s. 119
119.071(2)(c), an inspection in camera is discretionary with the 120
court. If the court finds that the asserted exemption is not 121
applicable, it shall order the public record or part thereof in 122
question to be immediately produced for inspection or copying as 123
requested by the person seeking such access. 124
2. In any civil action brought by a requester to enforce 125

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the right to public records, an agency may not assert any 126
exemption or justification for not providing the public records 127
requested which it has not previously raised in a written 128
response to the requester before the civil action was filed to 129
justify the agency's nondisclosure or delay in providing the 130
public records requested. 131
3. In any civil action brought by a requester alleging 132
that an agency unlawfully delayed providing public records, a 133
public records request backlog or other unfulfilled public 134
records requests to the agency is not deemed a justification, in 135
whole or in part, for the alleged delay. 136
(2) 137
(c) Unless otherwise required by law, the custodian of 138
public records may charge a fee for remote electronic access, 139
granted under a contractual arrangement with a user, which fee 140
may include the direct and indirect costs of providing such 141
access. Fees for remote electronic access provided to the 142
general public shall be in accordance with the provisions of 143
this section. 144
(3) 145
(d) Photographing of public records shall be done in the 146
room where the public records are kept. If, in the judgment of 147
the custodian of public records, this is impossible or 148
impracticable, photographing shall be done in another room or 149
place, as nearly adjacent as possible to the room where the 150

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public records are kept, to be determined by the custodian of 151
public records. Where provision of another room or place for 152
photographing is required, the expense of providing the same 153
shall be paid by the person desiring to photograph the public 154
record pursuant to paragraph (4)(h) (4)(e). 155
(4) The custodian of public records shall furnish a copy 156
or a certified copy of the record upon payment of the fee 157
prescribed by law. 158
(a) If a fee is not prescribed by law, the following fees 159
are authorized: 160
(a) 161
1. Up to 15 cents per one-sided copy for duplicated copies 162
of not more than 14 inches by 8 1/2 inches; 163
2. No more than an additional 5 cents for each two-sided 164
copy; and 165
3. For all other copies, the actual cost of duplication of 166
the public record. 167
168
If the nature or volume of the public records requested to be 169
inspected or copied is such that they require less than 30 170
minutes to prepare, the agency may not charge the actual cost of 171
duplication or any other costs or fees to the requester. 172
(b)1. For purposes of this paragraph, the term "any 173
electronic medium stored, maintained, or used by an agency" 174
means any electronic format that the agency can reasonably 175

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provide as part of the standard operation of its electronic 176
recordkeeping system. If an agency is able to convert the record 177
into the electronic format requested as a step in the process of 178
copying or exporting the requested record, the agency must 179
provide the record in the format requested and may charge a fee 180
authorized by this subsection. 181
2. For a copy of a public record in any electronic medium 182
stored, maintained, or used by an agency, the actual cost of 183
duplication. However, if the nature or volume of the public 184
records requested to be duplicated is such that such duplication 185
requires less than 30 minutes, the agency may not charge the 186
actual cost of duplication or any other costs or fees to the 187
requester. 188
3. An agency may not charge a requester the actual cost of 189
duplication or any other cost or fee for providing any public 190
record that has been previously disclosed under another public 191
records request made to that agency. 192
(c)(b) The charge for copies of county maps or aerial 193
photographs supplied by county constitutional officers may also 194
include a reasonable charge for the labor and overhead 195
associated with their duplication. 196
(d)(c) An agency may charge up to $1 per copy for a 197
certified copy of a public record. 198
(e) All fees authorized under this subsection may be 199
reduced or waived in full, or in part, for a public purpose, 200

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including public agency program support, nonprofit activities, 201
journalistic activities, and academic or other research. For a 202
public records request meeting the public purposes provided in 203
this paragraph, an agency may not charge the requester any cost 204
or fee for the first 10 hours of time the agency estimates it 205
would take to comply with the request. 206
(f) If requested by the person seeking to inspect or copy 207
the record, the custodian of public records must provide the 208
person a written, detailed estimate of all costs associated with 209
the request sufficient to permit the person to assess the 210
lawfulness of the estimate. 211
(g) An agency may not charge a fee for costs associated 212
with review and redaction of exempt or confidential and exempt 213
information from a public record that has been requested to be 214
inspected or copied. 215
(d) If the nature or volume of public records requested to 216
be inspected or copied pursuant to this subsection is such as to 217
require extensive use of information technology resources or 218
extensive clerical or supervisory assistance by personnel of the 219
agency involved, or both, the agency may charge, in addition to 220
the actual cost of duplication, a special service charge, which 221
shall be reasonable and shall be based on the cost incurred for 222
such extensive use of information technology resources or the 223
labor cost of the personnel providing the service that is 224
actually incurred by the agency or attributable to the agency 225

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for the clerical and supervisory assistance required, or both. 226
(h)(e)1. When Where provision of another room or place is 227
necessary to photograph public records, the expense of providing 228
the same must shall be paid by the person desiring to photograph 229
the public records. 230
2. The custodian of public records may charge the person 231
making the photographs for supervision services at a rate of 232
compensation to be agreed upon by the person desiring to make 233
the photographs and the custodian of public records. If they 234
fail to agree as to the appropriate charge, the charge shall be 235
determined by the custodian of public records. 236
Section 3. Section 119.10, Florida Statutes, is amended to 237
read: 238
(Substantial rewording of section. See 239
s. 119.10, F.S., for present text.) 240
119.10 Violation of chapter; penalties.— 241
(1) A violation of any law that provides access to public 242
records, including those laws that limit public access to such 243
records, is a violation of this chapter. 244
(2) A person who violates this section commits a 245
noncriminal infraction, punishable by a fine not to exceed $500. 246
(3) A person who willfully and knowingly violates this 247
chapter commits a misdemeanor of the first degree, punishable as 248
provided in s. 775.082 or s. 775.083. 249
(4) A person outside this state who knowingly violates 250

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this chapter commits a misdemeanor of the first degree, 251
punishable as provided in s. 775.082 or s. 775.083. 252
(5) A court must assess a penalty against the agency 253
payable to the requester in an amount equal to twice the amount 254
awarded pursuant to s. 119.12, in addition to a penalty of $200 255
for each day the agency unlawfully denied the right to inspect 256
or copy the public records, if the court determines that an 257
agency has: 258
(a) Violated s. 119.07(1); and 259
(b) Shown intentional disregard for the public's 260
constitutional right of access under s. 24(a), Art. I of the 261
State Constitution; or 262
(c) Engaged in a pattern or practice of abuse of the 263
requirements of this chapter. 264
Section 4. Section 119.12, Florida Statutes, is amended to 265
read: 266
119.12 Attorney fees.— 267
(1) The court must assess and award against the agency 268
responsible the reasonable costs of enforcement, including 269
reasonable attorney fees and costs incurred in litigation, if: 270
(a) A civil action is filed against an agency to seek 271
access to records under enforce the provisions of this chapter 272
or any other law that relates to access to public records. 273
(b) The court determines that such agency violated such 274
law. 275

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(2) Fees assessed pursuant to this section may not be 276
assessed against a person acting on the advice of an agency 277
attorney but must be assessed against the agency., the court 278
shall assess and award the reasonable costs of enforcement, 279
including reasonable attorney fees, against the responsible 280
agency if the court determines that: 281
(a) The agency unlawfully refused to permit a public 282
record to be inspected or copied; and 283
(b) The complainant provided written notice identifying 284
the public record request to the agency's custodian of public 285
records at least 5 business days before filing the civil action, 286
except as provided under subsection (2). The notice period 287
begins on the day the written notice of the request is received 288
by the custodian of public records, excluding Saturday, Sunday, 289
and legal holidays, and runs until 5 business days have elapsed. 290
(2) The complainant is not required to provide written 291
notice of the public record request to the agency's custodian of 292
public records as provided in paragraph (1)(b) if the agency 293
does not prominently post the contact information for the 294
agency's custodian of public records in the agency's primary 295
administrative building in which public records are routinely 296
created, sent, received, maintained, and requested and on the 297
agency's website, if the agency has a website. 298
(3) The court shall determine whether the complainant 299
requested to inspect or copy a public record or participated in 300

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the civil action for an improper purpose. If the court 301
determines there was an improper purpose, the court may not 302
assess and award the reasonable costs of enforcement, including 303
reasonable attorney fees, to the complainant, and shall assess 304
and award against the complainant and to the agency the 305
reasonable costs, including reasonable attorney fees, incurred 306
by the agency in responding to the civil action. For purposes of 307
this subsection, the term "improper purpose" means a request to 308
inspect or copy a public record or to participate in the civil 309
action primarily to cause a violation of this chapter or for a 310
frivolous purpose. 311
(4) This section does not create a private right of action 312
authorizing the award of monetary damages for a person who 313
brings an action to enforce the provisions of this chapter. 314
Payments by the responsible agency may include only the 315
reasonable costs of enforcement, including reasonable attorney 316
fees, directly attributable to a civil action brought to enforce 317
the provisions of this chapter. 318
(5) If a person is charged with a violation of this 319
chapter and is subsequently acquitted, the agency may reimburse 320
the person for any portion of his or her reasonable attorney 321
fees. 322
Section 5. Section 282.711, Florida Statutes, is repealed. 323
Section 6. Paragraph (c) of subsection (3) of section 324
921.0022, Florida Statutes, is amended to read: 325

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921.0022 Criminal Punishment Code; offense severity 326
ranking chart.— 327
(3) OFFENSE SEVERITY RANKING CHART 328
(c) LEVEL 3 329
330
Florida
Statute
Felony
Degree Description
331
119.10(2)(b) 3rd Unlawful use of confidential
information from police
reports.
332
316.066
(3)(b)-(d)
3rd Unlawfully obtaining or using
confidential crash reports.
333
316.193(2)(b) 3rd Felony DUI, 3rd conviction.
334
316.1935(2) 3rd Fleeing or attempting to elude
law enforcement officer in
patrol vehicle with siren and
lights activated.
335
319.30(4) 3rd Possession by junkyard of motor
vehicle with identification
number plate removed.

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336
319.33(1)(a) 3rd Alter or forge any certificate
of title to a motor vehicle or
mobile home.
337
319.33(1)(c) 3rd Procure or pass title on stolen
vehicle.
338
319.33(4) 3rd With intent to defraud,
possess, sell, etc., a blank,
forged, or unlawfully obtained
title or registration.
339
327.35(2)(b) 3rd Felony BUI.
340
328.05(2) 3rd Possess, sell, or counterfeit
fictitious, stolen, or
fraudulent titles or bills of
sale of vessels.
341
328.07(4) 3rd Manufacture, exchange, or
possess vessel with counterfeit
or wrong ID number.
342
376.302(5) 3rd Fraud related to reimbursement

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for cleanup expenses under the
Inland Protection Trust Fund.
343
379.2431
(1)(e)5.
3rd Taking, disturbing, mutilating,
destroying, causing to be
destroyed, transferring,
selling, offering to sell,
molesting, or harassing marine
turtles, marine turtle eggs, or
marine turtle nests in
violation of the Marine Turtle
Protection Act.
344
379.2431
(1)(e)6.
3rd Possessing any marine turtle
species or hatchling, or parts
thereof, or the nest of any
marine turtle species described
in the Marine Turtle Protection
Act.
345
379.2431
(1)(e)7.
3rd Soliciting to commit or
conspiring to commit a
violation of the Marine Turtle
Protection Act.
346

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400.9935(4)(a)
or (b)
3rd Operating a clinic, or offering
services requiring licensure,
without a license.
347
400.9935(4)(e) 3rd Filing a false license
application or other required
information or failing to
report information.
348
440.1051(3) 3rd False report of workers'
compensation fraud or
retaliation for making such a
report.
349
501.001(2)(b) 2nd Tampers with a consumer product
or the container using
materially false/misleading
information.
350
624.401(4)(a) 3rd Transacting insurance without a
certificate of authority.
351
624.401(4)(b)1. 3rd Transacting insurance without a
certificate of authority;
premium collected less than

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$20,000.
352
626.902(1)(a) &
(b)
3rd Representing an unauthorized
insurer.
353
697.08 3rd Equity skimming.
354
790.15(3) 3rd Person directs another to
discharge firearm from a
vehicle.
355
794.053 3rd Lewd or lascivious written
solicitation of a person 16 or
17 years of age by a person 24
years of age or older.
356
800.045(3) 3rd Possess, control, or
intentionally view any
photographic material, motion
picture, etc., which includes a
lewd or lascivious image.
357
806.10(1) 3rd Maliciously injure, destroy, or
interfere with vehicles or
equipment used in firefighting.

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358
806.10(2) 3rd Interferes with or assaults
firefighter in performance of
duty.
359
810.09(2)(b) 3rd Trespass on property other than
structure or conveyance armed
with firearm or dangerous
weapon.
360
810.145(2)(c) 3rd Digital voyeurism; 19 years of
age or older.
361
812.014(2)(c)2. 3rd Grand theft; $5,000 or more but
less than $10,000.
362
812.0145(2)(c) 3rd Theft from person 65 years of
age or older; $300 or more but
less than $10,000.
363
812.015(8)(b) 3rd Retail theft with intent to
sell; conspires with others.
364
812.081(2) 3rd Theft of a trade secret.
365

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815.04(4)(b) 2nd Computer offense devised to
defraud or obtain property.
366
817.034(4)(a)3. 3rd Engages in scheme to defraud
(Florida Communications Fraud
Act), property valued at less
than $20,000.
367
817.233 3rd Burning to defraud insurer.
368
817.234
(8)(b) & (c)
3rd Unlawful solicitation of
persons involved in motor
vehicle accidents.
369
817.234(11)(a) 3rd Insurance fraud; property value
less than $20,000.
370
817.236 3rd Filing a false motor vehicle
insurance application.
371
817.2361 3rd Creating, marketing, or
presenting a false or
fraudulent motor vehicle
insurance card.
372

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817.413(2) 3rd Sale of used goods of $1,000 or
more as new.
373
817.49(2)(b)1. 3rd Willful making of a false
report of a crime causing great
bodily harm, permanent
disfigurement, or permanent
disability.
374
831.28(2)(a) 3rd Counterfeiting a payment
instrument with intent to
defraud or possessing a
counterfeit payment instrument
with intent to defraud.
375
831.29 2nd Possession of instruments for
counterfeiting driver licenses
or identification cards.
376
836.13(2) 3rd Generating an altered sexual
depiction of an identifiable
person without consent.
377
836.13(4) 3rd Promoting, or possessing with
intent to promote, an altered

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sexual depiction of an
identifiable person without
consent.
378
838.021(3)(b) 3rd Threatens unlawful harm to
public servant.
379
847.01385 3rd Harmful communication to a
minor.
380
860.15(3) 3rd Overcharging for repairs and
parts.
381
870.01(2) 3rd Riot.
382
870.01(4) 3rd Inciting a riot.
383
893.13(1)(a)2. 3rd Sell, manufacture, or deliver
cannabis (or other s.
893.03(1)(c), (2)(c)1.,
(2)(c)2., (2)(c)3., (2)(c)6.,
(2)(c)7., (2)(c)8., (2)(c)9.,
(2)(c)10., (3), or (4) drugs).
384
893.13(1)(d)2. 2nd Sell, manufacture, or deliver

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s. 893.03(1)(c), (2)(c)1.,
(2)(c)2., (2)(c)3., (2)(c)6.,
(2)(c)7., (2)(c)8., (2)(c)9.,
(2)(c)10., (3), or (4) drugs
within 1,000 feet of
university.
385
893.13(1)(f)2. 2nd Sell, manufacture, or deliver
s. 893.03(1)(c), (2)(c)1.,
(2)(c)2., (2)(c)3., (2)(c)6.,
(2)(c)7., (2)(c)8., (2)(c)9.,
(2)(c)10., (3), or (4) drugs
within 1,000 feet of public
housing facility.
386
893.13(4)(c) 3rd Use or hire of minor; deliver
to minor other controlled
substances.
387
893.13(6)(a) 3rd Possession of any controlled
substance other than felony
possession of cannabis.
388
893.13(7)(a)8. 3rd Withhold information from
practitioner regarding previous

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receipt of or prescription for
a controlled substance.
389
893.13(7)(a)9. 3rd Obtain or attempt to obtain
controlled substance by fraud,
forgery, misrepresentation,
etc.
390
893.13(7)(a)10. 3rd Affix false or forged label to
package of controlled
substance.
391
893.13(7)(a)11. 3rd Furnish false or fraudulent
material information on any
document or record required by
chapter 893.
392
893.13(8)(a)1. 3rd Knowingly assist a patient,
other person, or owner of an
animal in obtaining a
controlled substance through
deceptive, untrue, or
fraudulent representations in
or related to the
practitioner's practice.

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393
893.13(8)(a)2. 3rd Employ a trick or scheme in the
practitioner's practice to
assist a patient, other person,
or owner of an animal in
obtaining a controlled
substance.
394
893.13(8)(a)3. 3rd Knowingly write a prescription
for a controlled substance for
a fictitious person.
395
893.13(8)(a)4. 3rd Write a prescription for a
controlled substance for a
patient, other person, or an
animal if the sole purpose of
writing the prescription is a
monetary benefit for the
practitioner.
396
918.13(1) 3rd Tampering with or fabricating
physical evidence.
397
944.47
(1)(a)1. & 2.
3rd Introduce contraband to
correctional facility.

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398
944.47(1)(c) 2nd Possess contraband while upon
the grounds of a correctional
institution.
399
985.721 3rd Escapes from a juvenile
facility (secure detention or
residential commitment
facility).
400
Section 7. This act shall take effect July 1, 2026. 401