Are texts from Florida elected officials public records?

Yes, when they relate to official business. Florida's Public Records Act applies based on content, not the device or platform used.

What if the official used Signal or a disappearing-message app?

The legal duty to keep the record still applies. Using an app that deletes messages does not eliminate the retention obligation. Non-retention is a violation of Section 119.021, not a legal shield.

Can an official refuse to search their personal phone?

No. Florida's public records duty follows the record, not the inbox. If official-business texts are on a personal phone, the agency has an obligation to retrieve them.

How do I request elected official texts?

Specify the topic, date range, the official's name, and explicitly ask for messages on all devices and platforms, including personal phones and apps such as Signal, iMessage, and WhatsApp.

What if the agency says the texts don't exist?

Ask the agency to describe its search in writing: which devices were checked, which platforms, and which date ranges. If texts that should exist are missing, that may itself be a retention violation worth documenting.

Is this the same rule as for government emails?

Yes. Florida uses the same content-based test for texts that it uses for emails. The platform is irrelevant. Official business is a public record wherever it occurs.

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Are Text Messages from Florida Elected Officials Public Records?

Written by Adam Bair.Published June 15, 2026Updated June 15, 2026

TL;DR: Florida treats official-business texts the same as any other public record. If an elected official texted about government work on any app or device, those messages are public records. The platform does not matter. The official cannot legally delete those records to avoid producing them. To capture texts in your request, name the platforms and ask explicitly for messages on personal devices.

Does the same content test apply to texts?

Yes. Florida uses one test for all public records: did the communication happen in connection with official business? Section 119.011(12) of the Florida Statutes defines a public record as any document, paper, letter, map, book, tape, recording, or other material made or received in connection with official business. Texts fit that definition the same way emails do. The statute does not carve out a platform exception.

Florida courts and the Office of the Attorney General have applied this rule to email for years. The analysis for texts is identical. What matters is the content, not the medium. An elected official who texts a contractor about a city project has created a public record. The same official's text to a family member about dinner plans has not. The device and the app are both irrelevant to that distinction.

The constitutional anchor is Article I, Section 24 of the Florida Constitution, which guarantees the right of access to public records made or received in connection with the official business of any public body, officer, or employee. That right extends to texts.

What if an official uses a personal phone or personal account?

A personal phone does not change the result. Florida's public records law follows the record, not the inbox. If an elected official used a personal iPhone to text a developer about a zoning vote, that text is a public record. The agency has an obligation to retrieve and produce it. Using a personal device is not a legal workaround.

Section 119.021 imposes retention obligations that attach to the record itself. Those duties do not disappear because the record sits on a private phone. Officials who use personal devices for official business are expected to preserve those records just as they would preserve records on government equipment.

For more on how Florida's law handles personal devices and accounts, the same rule for emails walks through the doctrine in more detail. The text-message analysis is identical.

What do disappearing-message apps mean for public records?

Disappearing-message apps like Signal, Telegram, and auto-delete iMessage do not relieve an official of the duty to retain public records. The duty comes from Section 119.021 and the Department of State retention schedules. Those obligations exist regardless of what app is installed on the official's phone.

Why ephemeral apps create legal risk, not legal cover

When an elected official uses a disappearing-message app for government business and the messages are gone, two things may be true at once. First, the texts that existed were public records. Second, the failure to retain them may itself be a violation of Chapter 119. Non-retention is not a defense against a public records request. It is a separate problem that may warrant a written complaint to the agency and, in serious cases, a referral to the Attorney General.

Criminal defense lawyers should pay close attention here. If an investigating agency communicated through a disappearing-message app and those records no longer exist, the absence of the records is a discovery issue, not just a public records issue. Document the request and the agency's response in writing.

What officials are supposed to do

Florida law expects officials who use personal devices and apps for official business to preserve those communications. That means forwarding texts to a government account, exporting messages, or following whatever records-management policy the agency has in place. The agency is responsible for having such a policy and enforcing it. Many agencies do not, which is why texts on personal phones are a recurring gap in public records practice.

How do you phrase a request for elected official texts?

A vague request for texts will often fail. The agency will say the request is too broad or that it cannot search personal devices. A focused request is much harder to deflect. Here is what to include:

Name the device categories

Do not just ask for texts from government phones. Say explicitly that you want texts sent or received on personal devices if those devices were used for official business. Agencies interpret requests narrowly. If you do not say personal devices, they will not search them.

Name the platforms

SMS and iMessage are obvious, but many officials also use WhatsApp, Signal, Telegram, or Facebook Messenger. List the platforms you want searched. A sample phrase:

All text messages and direct messages, including those sent or received via SMS, iMessage, WhatsApp, Signal, Telegram, or any other messaging platform, on both government-issued and personal devices, made or received in connection with [specific topic], between [start date] and [end date], by [official name or office].

Date range and topic

Narrow your request to a specific date range and a specific subject matter. A broad request spanning years and all topics invites a volume objection. A focused request tied to a specific vote, contract, or decision is much harder to resist. See our guide on how to file a Florida public records request for the general mechanics.

What are common agency stalls on text message requests?

Text requests generate predictable pushback. Here is what to expect and how to respond.

“We don't have possession of personal devices.”

The duty to produce public records does not require the agency to physically possess the device. The agency must contact the official and ask them to search for and produce responsive records. Lack of physical possession is not a legal basis for refusing to retrieve records. Ask the agency to describe in writing what steps it took to contact the official and request the records.

“We can't search those messages.”

This is a common stall, not a legal answer. Ask the agency to explain specifically why it cannot search the accounts or platforms you identified. Then ask for the written legal basis for the refusal, citing Section 119.07(1)(f), which requires the agency to state a statutory exemption for any denial.

“The official says there are none.”

An official's self-report that no responsive records exist is not a search. Ask the agency to describe the search methodology: which devices were checked, which platforms, which date ranges, and who conducted the search. A bare assertion that records do not exist is not a compliant response.

What if the texts don't exist or shouldn't exist?

If an official used a disappearing-message app for official business and the messages are gone, you are left with two options. First, document your request and the agency's response. The written record of a failed search may itself be useful if the matter goes further. Second, consider whether the failure to retain constitutes a Chapter 119 violation worth reporting.

If the agency says responsive records do not exist and you have reason to believe they should, follow the steps in our article on what to do when they say the records don't exist. Ask the agency to describe its retention practices, who had custody of the records, and when they were last known to exist.

For criminal defense lawyers, the defense-counsel angle matters here. Texts between investigating agency personnel and external parties can be load-bearing impeachment material. If those records were created and no longer exist, that is a discovery issue that may need to be raised in court.

Frequently asked questions

Are texts from Florida elected officials public records?: Yes, when they relate to official business. Florida's Public Records Act applies based on content, not the device or platform used.
What if the official used Signal or a disappearing-message app?: The legal duty to keep the record still applies. Using an app that deletes messages does not eliminate the retention obligation. Non-retention is a violation of Section 119.021, not a legal shield.
Can an official refuse to search their personal phone?: No. Florida's public records duty follows the record, not the inbox. If official-business texts are on a personal phone, the agency has an obligation to retrieve them.
How do I request elected official texts?: Specify the topic, date range, the official's name, and explicitly ask for messages on all devices and platforms, including personal phones and apps such as Signal, iMessage, and WhatsApp.
What if the agency says the texts don't exist?: Ask the agency to describe its search in writing: which devices were checked, which platforms, and which date ranges. If texts that should exist are missing, that may itself be a retention violation worth documenting.
Is this the same rule as for government emails?: Yes. Florida uses the same content-based test for texts that it uses for emails. The platform is irrelevant. Official business is a public record wherever it occurs.

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.