Florida Constitution Article I, Section 24: Your Right to Public Records
TL;DR: Florida Constitution Article I, Section 24 puts your right to public records in the state's highest law. Any person may see or copy the records of state and local government, and attend its meetings. Only a law passed by two thirds of each house can carve out an exemption.

What does Article I, Section 24 of the Florida Constitution say?
Section 24 has four parts. Part (a) covers records, and part (b) covers meetings. Parts (c) and (d) set the rules for any limits on those rights.
Subsection (a): your right to inspect or copy records
The text starts with a broad grant: "Every person has the right to inspect or copy any public record." Art. I, s. 24(a), Fla. Const.
That covers any record "made or received in connection with the official business" of a public body or worker. It also reaches "persons acting on their behalf." Art. I, s. 24(a), Fla. Const.
There are just two ways out. A record may be "exempted pursuant to this section or specifically made confidential by this Constitution." Art. I, s. 24(a), Fla. Const.
Then it lists who it binds. It names "the legislative, executive, and judicial branches of government and each agency or department created thereunder." Art. I, s. 24(a), Fla. Const.
It goes on to name "counties, municipalities, and districts." It ends with each board or body "created pursuant to law or this Constitution." Art. I, s. 24(a), Fla. Const.
Subsection (b): open meetings
Part (b) does the same for meetings. It reaches each board "of the executive branch of state government" and each local board. Art. I, s. 24(b), Fla. Const.
Those meetings "shall be open and noticed to the public." Meetings of the Legislature follow their own rule in Article III, Section 4(e). Art. I, s. 24(b), Fla. Const.
Subsection (c): how the Legislature may make an exemption
Part (c) opens with a short line: "This section shall be self-executing." That means the right works on its own, with no new law needed. Art. I, s. 24(c), Fla. Const.
The Legislature "may provide by general law passed by a two-thirds vote of each house" for an exemption. An exemption is a law that lets an agency hold a record or meeting back. Art. I, s. 24(c), Fla. Const.
It adds that "the legislature shall enact laws governing the enforcement of this section." Those laws cover how agencies keep and dispose of "records made public by this section." Art. I, s. 24(c), Fla. Const.
"Each house of the legislature may adopt rules" for its own records (Art. I, s. 24(c), Fla. Const.). Those rules govern "the enforcement of this section in relation to records" of that branch. Art. I, s. 24(c), Fla. Const.
Last, "laws enacted pursuant to this subsection" may hold only exemptions and rules to enforce the right. Each such law "shall relate to one subject." Art. I, s. 24(c), Fla. Const.
Subsection (d): older laws and court rules
Part (d) kept older limits in place. Laws from July 1, 1993 "that limit public access to records or meetings shall remain in force." Art. I, s. 24(d), Fla. Const.
Those laws last until the House and Senate do away with them.
Court rules in effect "on the date of adoption of this section that limit access to records" also stay. Art. I, s. 24(d), Fla. Const. Today the court rule on access to court records is Rule 2.420.

Why does it matter that the right is in the Florida Constitution?
Florida voters added Section 24 in 1992, and they changed it again in 2002. Before 1992, the right of access to public records came from Chapter 119, a statute.
A law in the constitution is hard to undo. A simple vote in the House and Senate can change a statute. It cannot take away a right the voters put in the constitution.
Courts give the right great weight. One court said, "A citizen's access to public records is a fundamental constitutional right in Florida." Rhea v. District Board of Trustees of Santa Fe College, 109 So. 3d 851, 855 (Fla. 1st DCA 2013).
The state's top court has said officials "must conduct public business in the open." State ex rel. Clayton v. Board of Regents, 635 So. 2d 937 (Fla. 1994).
Who does Section 24 cover?
It covers almost every part of state and local rule in Florida. That means lawmakers, the governor's offices, and the courts. It also means counties, cities, school boards, and special districts.
It can also reach a private firm that does a public job. The statute does this through its word "agency," which takes in any firm "acting on behalf of any public agency." Section 119.011(2), Fla. Stat.
For the test courts use, see which government bodies the law covers.
How can the Legislature limit your access to public records?
Only by a law that meets three tests. First, two thirds of each house must vote for it, not just a simple majority.
Second, the law "shall state with specificity the public necessity justifying the exemption." Third, it must be no broader than it needs to be. Art. I, s. 24(c), Fla. Const.
Courts do strike down laws that miss these tests. The state's top court threw out a meeting exemption for a public hospital board for this reason. Halifax Hospital Medical Center v. News-Journal Corp., 724 So. 2d 567 (Fla. 1999).
A court will not read in an exemption that lawmakers did not pass. Memorial Hospital-West Volusia, Inc. v. News-Journal Corp., 729 So. 2d 373 (Fla. 1999).
The two-thirds vote also applies when lawmakers vote to keep an old exemption under its review law. AGO 03-18. To learn how that review works, see how lawmakers make and sunset exemptions.

Does the right of privacy in Section 23 override Section 24?
No. Section 23, just before it, gives each of us the right "to be let alone."
But Section 23 does not "limit the public's right of access to public records and meetings as provided by law." Art. I, s. 23, Fla. Const.
So the state's top court has held there is no right of privacy in public records. Michel v. Douglas, 464 So. 2d 545, 546 (Fla. 1985).
Where does Section 24 sit in the Florida Constitution?
Section 24 is part of Article I, the Declaration of Rights. So your right to see records sits next to free speech, jury trials, and the right to be let alone.
Here are some of its neighbors, by section number. The list helps if you read the full text and want to know what each part covers.
- Section 2 lists basic rights, and Section 5 is the right to assemble.
- Section 6 is the right to work, and Section 7 deals with military power.
- Section 11 bars jail for debt except for fraud, and Section 14 covers release before trial.
- Section 16 lists the rights of the accused and of victims of crime.
- Section 17 bars cruel punishment and huge fines, and Section 18 limits penalties set by state boards.
- Section 19 covers costs, Section 20 treason, and Section 21 access to the courts.
- Section 22 is trial by jury, and Section 23 is the right of privacy.
- Section 25 calls for a taxpayers' bill of rights, and Section 26 limits some legal fees.
One odd fact: a tax rights section passed in 1992 was also first called Section 24. Editors gave it the number 25 to avoid a mix-up.
The Florida Constitution has twelve parts, called articles. Article II holds general rules, and Article III sets up the lawmakers. Article IV sets up the governor's branch.
Article V sets up the courts, and Article VI deals with the vote. Article VII is about taxes and the state's money, and Article VIII covers counties and cities.
Article IX covers schools, and Article X holds a mix of topics. Article XI explains how to amend the constitution, and Article XII is its schedule.
What does Section 24 mean for your public records request?
When an office turns down your request, it is this right you press. You are not asking a favor. You are using a right that the state's highest law protects.
You do not need to cite the constitution to get a record, since the right is yours either way. But when an office drags its feet, it helps to show you know where the right comes from. Name the section in your next note, and ask for the law that lets it say no.
An agency that claims an exemption must name the law it relies on (Section 119.07(1)(e), Fla. Stat.). If you ask, it must also put its reasons in writing (Section 119.07(1)(f), Fla. Stat.).
Courts read the right in a broad way and the exemptions in a narrow way. See how courts read exemptions.
For next steps when an office stalls, start with what to do when an agency ignores your request. For a denial, see what to do after a denial.
Related
- What is a public record?
- The official business test
- Florida FOIA: why the state law is not FOIA
- Are emails to officials public records?
Frequently asked questions
- Where is the right to public records in the Florida Constitution?
- It is in Article I, Section 24, next to our other basic rights. Chapter 119 of the Florida Statutes puts the right into practice.
- Does Section 24 cover all three branches of government?
- Yes. Its text names the legislative, executive, and judicial branches. It also names counties, cities, districts, and those who act on their behalf.
- Can the House and Senate make a new exemption by a simple vote?
- No. The bill needs a two-thirds vote of each house. It must state the public need for the exemption, and it can be no broader than that need.
- Are older limits on access still good law?
- Some are. Laws that limited access on July 1, 1993 stay in force until a new law ends them. Court rules from before the 1992 vote also stay.
- Does the right to be let alone in Section 23 beat the right of access?
- No. Section 23 says it does not cut back the public's right to see records and attend meetings. The Florida Supreme Court has said there is no right of privacy in public records.
- What does Section 24 mean for a request I send today?
- If an office says no, ask it to name the law that lets it hold the record back. Section 119.07(1)(e) makes it state that basis.
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.