Why is Chapter 119 not the law for court records?

Courts are their own branch of government. In Times Publishing Co. v. Ake, the Florida Supreme Court held that courts are not an agency under Chapter 119.

How do I get a Florida court record?

Go to the clerk of court in the county where the case began. Many clerks let you search online. For anything else, send the clerk a written request that names the case.

Can the clerk refuse to say why it turned me down?

No. Under Rule 2.420(m)(2), the custodian must state the basis for a denial in writing. You can then ask a court for help.

Are adoption and juvenile court files public?

No. Section 63.162 keeps adoption records confidential. Juvenile offender records are also closed in most cases under Section 985.04.

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Are Court Records Public in Florida?

Written by Adam Bair.Published October 13, 2026Updated October 20, 2026

TL;DR: Are court records public in Florida? Yes, in most cases, but a court rule runs them, not Chapter 119. You ask the clerk of court in writing, and you do not have to say why you want the file.

Are court records public in Florida?

Yes. Florida court records start out open. The right comes from Article I, Section 24(a) of the Florida Constitution, which reaches records of the judicial branch.

The Florida Supreme Court has said that civil and criminal cases in Florida are public events. See Barron v. Florida Freedom Newspapers, 531 So. 2d 113 (Fla. 1988). The court also said it would keep to the old common law right to see court records.

But there is a twist. Court records do not run on Chapter 119, the law for agency records. They run on Rule 2.420, part of the Florida Rules of General Practice and Judicial Administration.

Why court records are not a Chapter 119 question

Many people look for court records and think the same law covers police reports and agency emails. That mix-up sends them to the wrong office, with the wrong kind of request.

The courts are a separate branch

Courts are not an agency under Chapter 119. See Times Publishing Co. v. Ake, 660 So. 2d 255 (Fla. 1995). The Florida Supreme Court said one branch of government cannot control another.

State v. Wooten, 260 So. 3d 1060 (Fla. 4th DCA 2018), puts it plainly. Court rules and court cases govern who can see court records, not Chapter 119. For what entities Chapter 119 covers, see the companion article.

The Florida Constitution still covers the courts

The right of access in Article I, Section 24 covers all three branches. So the same right backs both agency records and court records. Only the rule that carries it out is different.

There is one more link. Section 119.0714(1) says Chapter 119 does not close a public record just because it went into a court file. A record stays open unless a court order closes it.

What does Rule 2.420 say in plain words?

Rule 2.420 sets the rules for public access to judicial branch records. It is the rule to use for any request about a court file.

The starting point is open access

Rule 2.420(a) says the public can see all records of the judicial branch, except as the rule says. So the default is open.

The rule also reaches electronic records and tapes of court hearings that go into the file. See Morency v. State, 223 So. 3d 439 (Fla. 5th DCA 2017).

What does the rule keep confidential?

Rule 2.420(c)(1) through (6) lists court records that stay closed. They include judges' working memos. They also include some complaints about judges until there is probable cause, or good grounds, to go on.

They also include copies of arrest and search warrants until police serve them. Rule 2.420(c)(7) and (c)(8) close records that other laws, court rules, or past cases make confidential.

Who has to flag private facts in a filing?

Rule 2.420(d)(1) tells the clerk of court to protect the confidential facts the rule names. But in most civil cases, the clerk does not have to do this on its own.

The person filing the paper must flag the private facts, file a motion, or have a court order. Section 119.0714(2)(g) says the clerk is not liable if the filer fails to flag them.

When can a judge close a court record?

A judge may close a court record on the grounds in Rule 2.420(c)(9)(A). Rule 2.420(c)(9)(B) says the order can be no broader than it needs to be.

Privacy has limits here. See Barfield v. Doe, 348 So. 3d 1156 (Fla. 4th DCA 2022). People who sue cannot expect privacy for matters that are part of their own case.

Which court records are usually public?

Most filed papers are open under the default rule. These are what most people want when they call the clerk.

Civil papers, orders, and final judgments

If someone sued in Florida, the papers filed in the case are court records. That means the complaint, the answer, the orders, and the final judgment. You can ask the clerk for copies.

Criminal charges and docket sheets

Filed criminal papers are court records too, and they start out open. But police reports held by a sheriff or police department are agency records under Chapter 119.

For those, how to get a Florida police report after arrest covers the Chapter 119 path.

What about discovery?

Discovery is the swap of case papers between the two sides. No First Amendment right lets the public see discovery that no one has filed in court. See Palm Beach Newspapers v. Burk, 504 So. 2d 378 (Fla. 1987).

But discovery an agency holds may still be open under Chapter 119. Tribune Co. v. Public Records, 493 So. 2d 480 (Fla. 2d DCA 1986), says so.

Which court records are usually not public?

Some files stay closed by law. Section 63.162 keeps adoption records confidential, except as that law allows.

Section 985.04 has long kept juvenile offender records closed too. Records that Rule 2.420(c) names, and items a judge has sealed, stay closed as well.

Are family court records public in Florida?

Yes, by default. A divorce or custody file is a court record, so the open rule in Rule 2.420(a) applies. That surprises people who think a divorce is private by nature.

Some parts of a family file can still stay closed. A judge may seal some items on the grounds in the rule, and some facts are confidential by law. But as Barfield v. Doe shows, the basic matters of a case are not private just because they are personal.

For more on divorce files, see are divorce and marriage records public in Florida?

Is a lawsuit public record in Florida?

Yes, in most cases. A civil lawsuit filed in a Florida circuit court or county court is a court record.

The complaint, the motions, the orders, and the final judgment are open under Rule 2.420(a). The only gaps are parts the rule closes.

How do you get a Florida court record?

The clerk of court in the county where the case began holds the file. Florida has 67 counties, and each one has its own county clerk.

Try the clerk's online records search

Most clerks have a court records search on their website. You can look up a case by party name, case number, or case type. Some clerks ask you to register as a user to see more papers online.

If a paper is not online, that does not mean it does not exist. Sites differ in how far back they go and which papers they post.

Send a written request for the rest

Rule 2.420(m) says to send your request in writing to the custodian. A spoken request failed in Morris Publishing Group, LLC v. State, 13 So. 3d 120 (Fla. 1st DCA 2009).

Your request must be clear enough for the custodian to find the records. Rule 2.420(m)(1) says you do not have to give a reason.

Is writing hard for you? The Florida Supreme Court has said the custodian should help you put it in writing.

Name the case by number, or by the names of the parties and the year it began. For a model, see how to request public records in Florida, and change it to fit a court file.

What if the clerk turns you down?

Under Rule 2.420(m)(2), the custodian decides if the rule covers the record and if any exemption applies. If the custodian says no, it must state the basis in writing.

Ask for that in writing if the clerk only tells you no out loud. The written reason shows you what rule the clerk relies on.

For a court's own office records, Rule 2.420(l) gives fast review through a mandamus case. That case asks a court to order the records out.

Review of a judge's order that closes court records goes to a higher court by petition. Herman v. Smiley, 380 So. 3d 1198 (Fla. 4th DCA 2024), says to file it within 30 days.

Where does this article stop?

This article covers court records and Rule 2.420. Police reports, body cam video, 911 calls, and agency emails are Chapter 119 questions. For those, see what counts as a public record under Florida law.

Frequently asked questions

Are court records public in Florida?: Yes, in most cases. Article I, Section 24 of the Florida Constitution covers court records. A Florida Supreme Court rule, Rule 2.420, sets out how you get them, not Chapter 119.
Why is Chapter 119 not the law for court records?: Courts are their own branch of government. In Times Publishing Co. v. Ake, the Florida Supreme Court held that courts are not an agency under Chapter 119.
Are family court records public in Florida?: Yes, by default. A divorce or custody file is a court record, so the open rule in Rule 2.420(a) applies. Some parts may still stay closed by rule, by law, or by a judge's order.
Is a lawsuit public record in Florida?: Yes, in most cases. The papers filed in a civil case are court records. Rule 2.420(a) opens them to the public unless the rule says otherwise.
How do I get a Florida court record?: Go to the clerk of court in the county where the case began. Many clerks let you search online. For anything else, send the clerk a written request that names the case.
Can the clerk refuse to say why it turned me down?: No. Under Rule 2.420(m)(2), the custodian must state the basis for a denial in writing. You can then ask a court for help.
Are adoption and juvenile court files public?: No. Section 63.162 keeps adoption records confidential. Juvenile offender records are also closed in most cases under Section 985.04.

Not legal advice. Educational and informational content only. Reading this site does not create an attorney-client relationship. For advice on a specific matter, consult a licensed Florida attorney.