Does it matter what account or phone the official used?

No. A work email sent from a home Gmail account or a personal phone is still a public record. The law looks at the content, not the tool.

Can I get an official's personal emails?

No. A note with nothing to do with the job is not a public record, even on a city server.

Is my e-mail address public if I email a Florida agency?

In most cases, yes. Florida law calls e-mail addresses public records, and agency websites must warn you of that. A few laws keep some addresses closed.

What if the agency says it cannot search personal accounts?

Push back. The agency must make a good faith effort to find the records. That can reach the accounts and phones officials use for public work.

Do I have to say why I want the emails?

No. You do not have to give a reason for a public records request in Florida.

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Are Emails to and from Florida Government Officials Public Records?

Written by Adam Bair.Published May 26, 2026Updated October 20, 2026

TL;DR: Yes, when they deal with office work. Emails to and from Florida government officials are public records even on a home Gmail account or phone. A personal note on a city server is not, so ask for both kinds of accounts.

This guide covers the test the law uses and the few limits. It also shows how to word a public records request so the agency cannot dodge it.

Are emails to Florida government officials public records?

Yes, when the email deals with the job. Any email a public officer or worker sends or gets about office work is a public record. The Florida Attorney General has said so in written opinions AGO 96-34 and AGO 01-20.

A Florida court put it in plain terms: email counts the same way a letter on paper counts. Rhea v. District Board of Trustees of Santa Fe College, 109 So. 3d 851, 855 (Fla. 1st DCA 2013).

You can read it and get a copy unless a law makes part of it exempt. Exempt means a law lets the agency keep that part closed, and the agency must point to that law.

What makes an email a public record under Florida law?

Section 119.011(12), Florida Statutes, sets the test. It reaches papers, tapes, photos, software, and any other kind of record, in any form. The key words are “in connection with the transaction of official business by any agency” (s. 119.011(12), Fla. Stat.).

The Florida Supreme Court read that test in a case called Shevin. A record counts when someone makes it for public work to keep, pass on, or set down what they know. Shevin v. Byron, Harless, Schaffer, Reid and Associates, Inc., 379 So. 2d 633, 640 (Fla. 1980).

The court later said that what matters is the kind of record, not where it lives. State v. City of Clearwater, 863 So. 2d 149, 154 (Fla. 2003). So ask what the email says and why the person wrote it.

Say a city board member emails a builder about a city road job. That is a public record. If the same person emails a sister about dinner, that is not.

Does a personal email account or phone change the answer?

No. A work email does not turn private because it went through Gmail, Yahoo, or a home computer. The test looks at what the email is about, not the tool.

Take a worker who sends a draft budget to a boss for review. That draft is a public record whether it went from a work inbox or a home Gmail account. The Attorney General's Sunshine Manual gives this same kind of example.

A case called Butler shows the other side. A mayor sent a personal email from her own account to friends and backers. It was not about city work.

The court held that the list of people she wrote to was not a public record. Butler v. City of Hallandale Beach, 68 So. 3d 278 (Fla. 4th DCA 2011).

The Attorney General has said the same about posts on a private site. Council members who post on city business there must keep those posts as the law requires. AGO 08-07.

Texts work the same way. See our guide on text messages from Florida elected officials.

Is every email on a government server public?

No. A purely personal note does not become a public record just because it sits on an agency server. In Clearwater, the court held that personal emails between city workers on city computers were not public records.

The rule cuts both ways. An agency cannot hand out a worker's private notes just because it owns the server. It also cannot hide a work email by calling it personal, since the content decides.

Hidden copies do not change the result either. Emails that board members send on city business stay public, even with names in the blind copy line. AGO 07-14.

Are e-mail addresses public records in Florida?

Yes, in most cases. If an agency has a website and uses e-mail, it must post this notice where people will see it:

“Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing.” s. 668.6076, Fla. Stat.

A few laws do keep some addresses closed. One covers the e-mail address a tax collector holds to send tax notices (s. 197.3225, Fla. Stat.).

Do not count on a privacy claim to close the rest. The Florida Supreme Court has said our state Constitution gives no right of privacy in public records. Michel v. Douglas, 464 So. 2d 545, 546 (Fla. 1985).

Can officials delete emails that are public records?

Not at will. An agency may destroy a record only as the state's retention schedules allow (s. 257.36(6), Fla. Stat.). A retention schedule is the state list of how long each kind of record must stay on file.

Email falls under those limits like any other record. AGO 96-34. The content of a message sets how long the agency keeps it, not the way it went out.

If you think someone deleted emails too soon, ask for the retention schedule that applies. Also ask who had access to the inbox. Those two facts often show what went wrong.

How do I make a Florida government email records request?

The usual steps apply. For the full walk through, see how to request public records in Florida. These are the choices that matter most for email.

Name the officials or offices whose email you want.
Give a clear date range, such as March 1 to June 30.
Name the topic, such as the Oak Street road deal, not just “city business.”
Say in plain words that you want emails from personal accounts and phones too.
Ask for the format you want. If the agency keeps the emails in that form, it must give you that form. s. 119.01(2)(f), Fla. Stat.

Here is a sample line you can adapt to your own request:

All emails and texts about [topic], from [start date] to [end date], sent or received by [name or office], on any work or personal account or phone.

A tight request is hard to stall. A vague one invites a fight over size and cost.

What if the agency stalls or says no?

Email requests draw the same few replies. Here is what each one means and how to answer it.

If they say they cannot reach personal accounts: The agency must answer in good faith. If officials do public work on their own accounts, it must act fast to pull those records back. Raydient LLC v. Nassau County (Fla. 4th Cir. Ct. 2021).
If they say the emails are personal: ask for the law. An agency that holds back a record must name the exemption and the statute (s. 119.07(1)(e), Fla. Stat.). If you ask, it must also give its reasons in writing (s. 119.07(1)(f), Fla. Stat.).
If they cite cost: a big job can carry a special service charge (s. 119.07(4)(d), Fla. Stat.). That is a fee for extra staff or computer time. Narrow the dates and names to cut it, and see how much a Florida agency can charge.
If they say they found nothing: ask what they searched, with what words, and who did it. Good faith means a real effort to learn from other staff whether a record exists. Board of Trustees, Jacksonville Police & Fire Pension Fund v. Lee, 189 So. 3d 120, 128 (Fla. 2016).

Spam filters do not excuse a lost request. A school board did violate the law when its filter trapped a real request and then wiped it out. Bracci v. School Board of Lee County (Fla. 20th Cir. Ct. 2021).

If the agency goes silent, see what to do when a Florida agency ignores your request.

Frequently asked questions

Are emails to Florida government officials public records?: Yes, when the email deals with the work of the office. What the email says decides it, not the account, phone, or server.
Does it matter what account or phone the official used?: No. A work email sent from a home Gmail account or a personal phone is still a public record. The law looks at the content, not the tool.
Can I get an official's personal emails?: No. A note with nothing to do with the job is not a public record, even on a city server.
Is my e-mail address public if I email a Florida agency?: In most cases, yes. Florida law calls e-mail addresses public records, and agency websites must warn you of that. A few laws keep some addresses closed.
What if the agency says it cannot search personal accounts?: Push back. The agency must make a good faith effort to find the records. That can reach the accounts and phones officials use for public work.
Do I have to say why I want the emails?: No. You do not have to give a reason for a public records request in Florida.

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.