When does a case stop being active?

When police no longer expect, in good faith, to make an arrest or bring charges soon. No case or direct appeal can be pending. A case past the time limit to bring charges is not active.

What happens to the records once the case is over?

Once the conviction and sentence are final, the case work is no longer active. Other shields may still cover some parts.

Can a closed cold case become active again?

Yes. If police reopen the case, the file can return to active status and leave public view again.

What if the police won't give out any of the file?

Ask it to name the law and give its reasons in writing. Then check which facts the law says are always open. It must give you each part that is not closed.

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Are Records of an Active Criminal Investigation Public in Florida?

Written by Adam Bair.Published April 28, 2026Updated October 20, 2026

TL;DR: Partly. In Florida, active criminal investigation records are public records, but the law shields case work while the case is open. Some facts, like the time, place, and kind of crime, are always open, and the rest opens later.

This guide shows what the law shields from public disclosure in an open case and what it never shields. It also shows when the rest of the file opens.

Are active criminal investigation records public in Florida?

Partly. Under Article I, Section 24 of the state constitution, all people have access rights to public records. The shield for open cases is a narrow exemption from that right.

The police who claim the exemption must prove it applies. Florida Freedom Newspapers, Inc. v. Dempsey, 478 So. 2d 1128 (Fla. 1st DCA 1985).

The shield exists for one reason. It keeps an early leak from hurting the case or helping a suspect get away. Tribune Co. v. Public Records, 493 So. 2d 480 (Fla. 2d DCA 1986).

What does the law shield?

Section 119.071(2)(c)1., Florida Statutes, shields two kinds of records while they are active:

Active criminal investigative information.
Active criminal intelligence information.

To be exempt, a record must be both. It must be active, and it must fit one of those two kinds. Woolling v. Lamar, 764 So. 2d 765 (Fla. 5th DCA 2000).

What is criminal investigative information?

It means information regarding a known person or group, gathered by police while they conduct a crime probe. Lab tests, reports from investigators or informants, and surveillance all count. Section 119.011(3)(b) sets this meaning.

What is criminal intelligence information?

It means facts about a known person or group that police gather to predict, stop, or watch for crime. Section 119.011(3)(a) sets this meaning.

When is a case active?

Investigative case work stays active while police still expect, in good faith, to make an arrest or bring charges soon. It also stays active while a case or direct appeal is pending. Section 119.011(3)(d) sets both rules.

Police must show this in each case. Barfield v. City of Fort Lauderdale Police Department, 639 So. 2d 1012 (Fla. 4th DCA 1994).

If the work ends and no charges follow, the records are no longer active.

There is no set time limit, other than the statute of limitations. Police do not need a suspect yet for the case to stay active. But once the time to bring charges runs out, the case is not active.

What about appeals after a conviction?

Once the conviction and sentence are final, case work is no longer active. State v. Kokal, 562 So. 2d 324 (Fla. 1990).

A later bid for relief after the direct appeal does not count as a pending appeal. Tribune Co. v. Public Records, 493 So. 2d 480 (Fla. 2d DCA 1986).

What is always public, even in an active case?

Section 119.011(3)(c) lists facts that are never criminal investigative or intelligence information. Police may not hold them back under this shield, no matter how open the case is:

The time, date, place, and kind of crime someone reported.
The name, sex, age, and home address of the person arrested.
The crime victim's name, sex, age, and address, with some limits.
The time, date, and place of the incident and of the arrest.
The crime charged.
Papers given to the person arrested, with a few limits.
The formal charges, called informations and indictments.

These facts must come out unless some other law closes them. Barfield v. City of Tallahassee, 171 So. 3d 239 (Fla. 1st DCA 2015).

These facts let the public, and news reporting, track a case from the start. Name them in your request, so the office has less room to claim the whole file.

Does the agency have to give me part of the file?

Yes. A report with some active case work in it is not closed as a whole. It must cut out only the closed part and give you the rest, under section 119.07(1)(d).

One court said a city could hold back active case work. It still had to share the date, time, and place. City of Riviera Beach v. Barfield, 642 So. 2d 1135 (Fla. 4th DCA 1994).

Are records given to the defense public?

In most cases, yes. Discovery is the step where the state shares its evidence with the defense. Papers given to the person arrested lose the case work shield, under section 119.011(3)(c)5.

In one case, a reporter got tape recordings the state had given the defendant. Satz v. Blankenship, 407 So. 2d 396 (Fla. 4th DCA 1981). Once the papers go to the defense, it no longer matters if the case is active.

A few things can stay closed even then:

Facts that could name a sex crime or child abuse victim, under section 119.071(2)(h).
Facts that could name a witness to a murder, for a set time, under section 119.071(2)(m).
The address of a mass violence victim, under section 119.071(2)(o).
The substance of a confession, until the case ends, under section 119.071(2)(e).
Papers a court has ordered closed to protect a victim, a witness, or a fair trial.

Can a closed case become active again?

Yes. One trial court let police close a file again when they reopened an old case. News-Press Publishing Co. v. McDougall (Fla. 20th Cir. Ct. 1992).

But a file does not stay closed forever just because others might learn from it. Christy v. Palm Beach County Sheriff's Office, 698 So. 2d 1365 (Fla. 4th DCA 1997).

What if police already released some facts?

The shield does not cover facts the state has already made public. Staton v. McMillan, 597 So. 2d 940 (Fla. 1st DCA 1992).

But sharing one record does not by itself open the rest of the file. Arbelaez v. State, 775 So. 2d 909 (Fla. 2000).

Does sharing records with other agencies change the rules?

It can work both ways. Law enforcement agencies may share active case work with each other, and it stays closed. City of Riviera Beach v. Barfield, 642 So. 2d 1135 (Fla. 4th DCA 1994).

But an agency cannot close its own public records by handing them to the police. For example, records sent to FDLE do not become active case work just by the transfer (AGO 88-25).

An AGO is a written opinion from the Florida Attorney General. A state attorney also cannot close records just by using a subpoena to get them.

What about federal cases?

Case work police get in confidence from a federal or other-state office stays exempt, under section 119.071(2)(b).

But there is no shield just because a federal case is going on. Woolling v. Lamar, 764 So. 2d 765 (Fla. 5th DCA 2000). Tribune Co. v. Cannella, 438 So. 2d 516 (Fla. 2d DCA 1983).

How do I request records from an active case?

Send your request to the records custodian of the law enforcement agency or state attorney.
Ask for the facts section 119.011(3)(c) says are always open.
Ask for each part of each report that is not closed.
If the agency holds back any part, ask it to name the law, under section 119.07(1)(e).
Ask it to give its reasons in writing, under section 119.07(1)(f).
Ask again after charges, after discovery, and after the case ends.

You also cannot ask for "all records police gathered" in an open case to get around the shield (AGO 01-75). Ask for the records themselves, by kind and date.

If the agency still refuses, the Attorney General runs an informal mediation program for records disputes, under section 16.60. See what to do after a denial.

A note for people facing charges

If you face charges, talk to your defense lawyer first. A public records request does not widen or limit the rules of discovery, under section 119.07(8).

The Florida Supreme Court held that a defendant who asks for police records about a pending case opts into discovery. That can mean a duty to share evidence in return. Henderson v. State, 745 So. 2d 319 (Fla. 1999).

Frequently asked questions

Are records of an active criminal investigation public in Florida?: Partly. The law shields active case work for a time. Some facts are always open, such as the time, date, place, and kind of crime, and the crime charged.
When does a case stop being active?: When police no longer expect, in good faith, to make an arrest or bring charges soon. No case or direct appeal can be pending. A case past the time limit to bring charges is not active.
Are records given to the defense public?: In most cases, yes. Papers given to the person arrested lose the case work shield. A few things, such as facts that could name some victims, stay closed.
What happens to the records once the case is over?: Once the conviction and sentence are final, the case work is no longer active. Other shields may still cover some parts.
Can a closed cold case become active again?: Yes. If police reopen the case, the file can return to active status and leave public view again.
What if the police won't give out any of the file?: Ask it to name the law and give its reasons in writing. Then check which facts the law says are always open. It must give you each part that is not closed.

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.