Are emails public records in Florida?

Yes, when a public worker sends or gets them as part of the job. The law treats an email just like a memo on paper.

Are texts on a private phone public records?

They can be. What counts is whether the text does the public's work, not whose phone it is on.

Is metadata a public record in Florida?

The law does not use that word. But a file you get in the same form the agency keeps it will carry the data built into it. So ask for the file in its own form.

Can I get the file in its own format instead of a PDF?

Yes, if the agency keeps it that way. Section 119.01(2)(f) makes the agency copy the record in the form you ask for.

Does the agency have to build me a new report from its data?

Not as a rule. The agency must give you its records in a form that makes sense. It need not sort or rebuild them the way you want.

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Electronic Records and Metadata Under Florida Public Records Law

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

TL;DR: Under Florida public records law, an email, a text, or a data file counts just like paper. Metadata is the data a file holds about itself. The law does not name it, but you can ask for a file in the form the agency keeps it.

A computer monitor displaying an email inbox next to stacked file folders and a printed document, representing digital and paper public records side by side. — Florida public records law covers files on a screen the same way it covers paper.

Are electronic records public records in Florida?

Yes. The law's list of public records names "data processing software" and "other material."

It adds that the form and the "means of transmission" do not matter. Section 119.011(12), Fla. Stat.

A court said that computer data "is as much a public record as a written page in a book." Seigle v. Barry, 422 So. 2d 63, 65 (Fla. 4th DCA 1982).

Another court said the law reaches files that exist only in digital form. National Collegiate Athletic Ass'n v. Associated Press, 18 So. 3d 1201 (Fla. 1st DCA 2009).

The same rule applies to both paper and digital files. Each one is open to you unless a state law makes it exempt. Exempt means the agency may hold it back.

Which electronic records count as public records?

Any digital file that a Florida state agency, county, or city makes or gets for its work can count. Here are the kinds people ask for most.

Email sent or got by public workers on the job. AGOs 96-34 and 01-20.
Calendars, databases, and word files kept on agency computers. AGO 89-39.
Texts about public work, even when sent from a private phone.
Posts on a city's own social media page. AGO 09-19.
An electronic recording of a call, a meeting, or a voice mail.
Scanned pages, such as a form with a signature saved as an image.

One court put it simply: the law reaches email just as it reaches paper. Rhea v. District Board of Trustees of Santa Fe College, 109 So. 3d 851, 855 (Fla. 1st DCA 2013).

For texts, the test is the job, not the phone. A text counts when the job calls for it, the agency directs it, or it serves the agency. O'Boyle v. Town of Gulf Stream, 257 So. 3d 1036, 1041 (Fla. 4th DCA 2018).

The rules for email also reach texts, picture messages, and instant messages. The Attorney General said so in a 2010 letter to Browning.

That would take in chat apps such as Signal, Teams, or WhatsApp when someone uses them for public work. The law looks at what the message says, not the app.

Some workers do public work on their own phones or accounts. The agency must then take reasonable steps to get those records when you ask. Raydient LLC v. Nassau County (Fla. 4th Cir. Ct. 2021).

A federal court found the same for a county board member's own social media pages. The posts dealt with the public on county work. Bear v. Escambia County, 2022 WL 602266 (N.D. Fla. 2022).

Is every file on an agency computer a public record?

No. A worker's private email that has nothing to do with the job is not a public record.

What the file says counts more than where it sits. State v. City of Clearwater, 863 So. 2d 149 (Fla. 2003).

Spam and bulk mail that an agency gets may not count either. Grapski v. Machen, 949 So. 2d 202 (Fla. 1st DCA 2007).

A grid of icons representing different electronic record types: an envelope for email, a speech bubble for text messages, a grid for databases, and a social media notification bell, all connected to a central document symbol. — Emails, texts, databases, and posts can all be public records when they tie to public work.

Is metadata a public record under Florida law?

Metadata is the data a file keeps about itself. It can show who made the file, when, and when someone last changed it. A photo may hold the time and place someone took it.

Florida's public records law does not use the word "metadata." The Attorney General's guide to the law does not speak to it by name either.

What the law does give you is the right to the file in the form the agency keeps it. Ask for that form, and the built-in data comes with the file. A PDF made from the file may drop it.

Can you get a public record in its own electronic format?

Yes, if the agency keeps it that way. The agency must copy it in the form you ask for when it keeps the record that way. Section 119.01(2)(f), F.S.

Courts and the Attorney General enforce this. A typed text of a computer disk is not a copy of the disk. AGO 91-61.

An agency broke the law when it sent a requester to its website for paper copies she asked for. Lake Shore Hospital Authority v. Lilker, 168 So. 3d 332 (Fla. 1st DCA 2015).

In one case a school board sent emails and calendar entries as PDF files. A trial court ordered it to send them in a form the person could open in Outlook. Bracci v. School Board of Lee County (Fla. 20th Cir. Ct. 2021).

Does the agency have to make a new report for you?

Not as a rule. The law aims to give you records "in some meaningful form, not necessarily that which the applicant prefers." Seigle, 422 So. 2d at 66.

So an agency need not sort its data in a new way just for you. But a court may order access through a special program when the usual form does not fairly show the records.

The requester may have to make or pay for that program. Seigle, 422 So. 2d at 66-67.

If the agency chooses to use a form it does not normally use, it may charge a fee. That fee must follow the fee rules in Section 119.07(4). Section 119.01(2)(f), Fla. Stat.

What must agencies do when they set up computer systems?

The law sets a clear goal: "Automation of public records must not erode the right of access to those records." Section 119.01(2)(a), Fla. Stat.

Agencies "must provide reasonable public access to records electronically maintained." They must also keep exempt records safe. Section 119.01(2)(a), Fla. Stat.

When an agency buys a new system, it must ask if it can give out data in a common format. Section 119.01(2)(b), Fla. Stat. It may not sign a deal that blocks your right to inspect or copy. Section 119.01(2)(c), Fla. Stat.

The Department of State sets rules for how agencies keep digital records. One is Rule 1B-26.003 of the Florida Administrative Code.

Its Division of Library and Information Services also sets the times for how long agencies keep records. An agency may throw out an email only on that schedule. Section 257.36(6), Fla. Stat.; AGO 01-20.

The law on preservation of records is in Section 119.021. See what an agency must keep.

How do you ask for electronic records and metadata?

Ask the way you would for any public record. Say what you want, give a date range, and name the office if you know it. For texts and email, ask for those on any phone or account used for the work.

Then add a line on the form you want. For example: "Please send these files in the same electronic form the agency keeps them, with their built-in data."

When the files come, check what you got. Verify that they are the files you asked for and not a PDF made from them. If not, write back and point to Section 119.01(2)(f).

An agency does not have to let you plug your own drive into its computers. It must still let you inspect and copy the records in a way that works. AGO 13-07.

For more help, see can an agency refuse the format you asked for.

A written public records request letter on a desk with a laptop showing an email thread open beside it, representing a written request that covers both paper and electronic records. — Say in your request which form you want the files in.

Frequently asked questions

Are emails public records in Florida?: Yes, when a public worker sends or gets them as part of the job. The law treats an email just like a memo on paper.
Are texts on a private phone public records?: They can be. What counts is whether the text does the public's work, not whose phone it is on.
Is metadata a public record in Florida?: The law does not use that word. But a file you get in the same form the agency keeps it will carry the data built into it. So ask for the file in its own form.
Can I get the file in its own format instead of a PDF?: Yes, if the agency keeps it that way. Section 119.01(2)(f) makes the agency copy the record in the form you ask for.
Does the agency have to build me a new report from its data?: Not as a rule. The agency must give you its records in a form that makes sense. It need not sort or rebuild them the way you want.

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.