The Florida Public Records Act serves as a cornerstone of transparency and accountability in Florida’s governance. Nicknamed “The Sunshine Law” because of its aim to bring government activities into the light, the FPRA guarantees the public’s right to access and copy public records.
Every government worker, from the mayor to the city administrator, must understand their responsibilities and the rights of requesters making public records requests. Learn more below.
What is the Florida Public Records Act?
The Florida Public Records Act (Chapter 119 of the Florida Statutes) is a law that grants the public access to government records maintained by state and local agencies. The law ensures transparency, accountability, and the right of individuals to obtain and copy public records. Florida began its tradition of openness with the passage of Chapter 119, which was officially enacted in 1909.
Florida passed the first Government in the Sunshine law in 1967, and it has been known as the Sunshine Law ever since. Today, it is codified in Chapter 286 of the Florida Statutes. The law outlines the fundamental right of access to the meetings of boards, commissions, agencies, and offices of state and local Florida government bodies and local authorities.
Digital Transformation and the Sunshine Law
The Florida Public Records Act has added rules to handle digital transformation, such as:
- Section 2a of Statute 119 outlines that automation must not erode the ability to access records.
- Section 2b designates that electronic record-keeping systems must be able to produce records in a standard format.
- Section 2e allows for remote electronic access to public records rather than printed documents and physical copies.
What are the Rights of Requesters?
The law defines requesters as anyone who requests access to public records. The rights of requesters include access to any public record held in physical or electronic record keeping.
The agency is permitted to charge a duplication fee if the medium is not commonly used by the agency or physical copies are requested. You can also request data to be organized in a certain way, but this may come with a fee.
What is a Public Record in Florida?
Section 119.001(12), Florida Statutes, defines a public record as: “all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business by any agency.”
There are some records that are exempt from public inspection. These typically relate to business trade secrets, personal sensitive information, and litigating court cases.
Responsibilities of Governmental Bodies
Government bodies in Florida have very specifically defined responsibilities regarding the maintenance of records and providing these records upon request. Anyone can request access to non-exempt public records, and the records must be maintained in a manner that makes them easy to inspect or copy.
According to Florida State University:
- Agencies must provide a copy of public records in the medium requested if the agency maintains the record in that medium.
- Agencies are not required to create a new record to meet a requester’s particular needs.
- Agencies are responsible for ensuring access to records electronically maintained and should set up databases to comply with the Public Records Law.
The 2023 Florida Statutes also define:
- Agencies must maintain public records in the building in which they are ordinarily used.
- Must protect public records in a permanent, archival manner and keep them safe from water, fire, and other predictable hazards.
- Every person who has custody of public records shall permit the records to be inspected and copied by anyone who makes a request under reasonable circumstances.
- Custodians of public records must acknowledge all requests to inspect or copy records.
Reasonable circumstances include requests during business hours, under reasonable conditions, and under supervision by the custodian of the public records.
What is a Public Records Custodian?
Public records custodians refers to the people responsible for public records. They include but are not limited to city planners, city administrators, city treasurers, and even mayors. Anyone who handles paperwork and records in a government office may be considered a custodian of those records.
How eScribe Supports Local Governments
With the Sunshine Law shining light on every public record, keeping well-organized and exemplary records is a must for every government office and public agency in the state of Florida. From city council resolutions and meeting minutes to the details of park landscaping contracts, the public has a right to see and review the goings-on of their state and local governments.
Fortunately, there are tools to help ensure every single document is organized, easy to read, and accurate. eScribe is a government office management platform with tools for managing meetings, building agendas, recording meeting minutes, sharing documents, and much more to help keep your government agency’s records in excellent condition for public review.
Explore how eScribe can improve your local government operations and records through the perspective of the City of Greensboro.