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How Do I Get a Florida Police Report After an Arrest?

Written by Adam Bair.

TL;DR: Ask the records unit of the agency that made the arrest. Some facts about an arrest are always public, such as the charge and the time and place. Police may hold back open case work for a time, but they must give you the rest of the report.

A manila folder labeled INCIDENT REPORT sitting on a wooden desk next to a coffee cup.
The arresting agency, not the clerk of court, holds the police report file.

This guide shows how to get a Florida police report after an arrest. It covers which office to ask, what you can get right away, and what opens up later.

Are police reports public record in Florida?

Yes, in most cases. Arrest and crime reports are open to the public as a rule (AGO 91-74 and AGO 80-96). An AGO is a written opinion from the Florida Attorney General.

Florida statute also lists facts that police can never hold back as case work. Section 119.011(3)(c), Florida Statutes, names them:

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

What can police hold back after an arrest?

Police may hold back active criminal investigative information for a time. That term means case work police gather while they still work a crime, and section 119.071(2)(c)1. shields it.

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 these rules.

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

Do they have to give me the rest of the report?

Yes. A report with some case work in it is not closed as a whole. The agency 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 give out the date, time, and place. City of Riviera Beach v. Barfield, 642 So. 2d 1135 (Fla. 4th DCA 1994).

What else can stay closed?

Marsy's Law gives crime victims a right to keep closed facts someone could use to find or harass them. It does not give a victim a blanket right to keep a name secret. City of Tallahassee v. Florida Police Benevolent Association, Inc., 375 So. 3d 178 (Fla. 2023).

A probable cause affidavit document with names redacted by black bars.
Police may black out closed parts of a report, but they must give you the rest.

Who has the police report?

The agency that made the arrest keeps the police report and arrest reports. That is most often the city police department or the county sheriff. It may also be a state agency, such as the Florida Department of Law Enforcement.

The clerk of court keeps the court file, such as the docket (the list of filings) and the orders. Court files follow a court rule, not Chapter 119. Rule 2.420 of the Florida Rules of General Practice and Judicial Administration sets the rules for them.

The state attorney keeps a separate file for the case. To get it, send a separate request to that office.

What about a crash report?

A traffic crash report is a separate record with its own 60-day rule. See are crash reports public in Florida.

What about a criminal history check?

FDLE keeps a statewide criminal history. Police get it free, and others pay a fee, under section 943.053(3)(a). For more, see are arrest records public in Florida.

How do I request a Florida police report?

Send a public records request to the records custodian at the agency that made the arrest. The custodian is the person who keeps the records and answers requests.

Most agencies post their records contact facts on their websites. Many agencies have a records unit, a records section, or a portal for online requests.

  1. Name the agency and address the request to its records custodian.
  2. Give the date, time, and place of the arrest.
  3. Give the case number or incident report number if you have it.
  4. Give the full name of the person arrested.
  5. Name what you want, such as the arrest report, the incident report, or booking records.
  6. Say whether you want to look at the records, get copies, or both.

You can ask by mail or in person, by phone, or by email. The law does not make you put it in writing (AGO 80-57). A written request still helps, since it shows the date you asked.

You do not need the agency's form. Chandler v. City of Greenacres, 140 So. 3d 1080 (Fla. 4th DCA 2014).

You also do not have to say why you want the report. Curry v. State, 811 So. 2d 736 (Fla. 4th DCA 2002).

A government records office counter with a RECORDS UNIT sign, illustrated style.
Request from the agency's records unit, not the clerk of court.

Can I get a digital copy?

Yes, if the agency keeps the record that way. Under section 119.01(2)(f), you can get a copy in the same form the agency keeps it. If you want a digital file and not paper, say so.

How long will it take?

Florida law sets no fixed number of days. The agency must respond promptly and in good faith, under section 119.07(1)(c).

It may take a fair amount of time to find the report and black out closed parts. It may not make you wait as a set rule. Tribune Co. v. Cannella, 458 So. 2d 1075 (Fla. 1984).

How much does a police report cost?

You can look at public records for free unless a law sets a fee. State ex rel. Davis v. McMillan, 38 So. 666 (Fla. 1905).

Most agencies may charge up to 15 cents for each one-sided paper page, under section 119.07(4)(a)1. A certified copy can cost up to $1.00 a page, under section 119.07(4)(c).

A big job that takes a lot of staff time can add a special service charge. Section 119.07(4)(d) allows it.

Ask for a cost quote first. See what a Florida agency can charge.

What opens up when the case ends?

Once the case is no longer active, the case work shield ends. If no one files charges, the file should open once police stop the work. Barfield v. City of Fort Lauderdale Police Department, 639 So. 2d 1012 (Fla. 4th DCA 1994).

In a charged case, the shield ends once the conviction and sentence are final. State v. Kokal, 562 So. 2d 324 (Fla. 1990).

Discovery can open parts sooner. Discovery is the step where the state shares its evidence with the defense. Papers given to the person charged lose the case work shield in most cases, under section 119.011(3)(c)5.

Other shields, such as those for victims or a sealed record, can still apply after the case ends. For more, see when the active case shield ends.

A note for people facing charges

If you face charges, talk to your defense lawyer first. Your lawyer can get the file through discovery under Rule 3.220 of the Florida Rules of Criminal Procedure.

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. Henderson v. State, 745 So. 2d 319 (Fla. 1999).

That can mean the defense owes the state its own evidence in return. Public records requests often help family members, reporters, and others who are not part of the case.

Frequently asked questions

How do I get a Florida police report after an arrest?
Ask the records custodian of the agency that made the arrest. Give the date, time, place, and case number if you have it. You do not need a form or a reason.
Are arrest reports public record in Florida?
In most cases, yes. Police can never hold back some facts as case work, such as the charge and the time and place.
Does the clerk of court have the police report?
The clerk keeps the court file, such as the charges and the docket. The police report is with the agency that made the arrest.
How much does a police report cost?
Most agencies may charge up to 15 cents a page for a copy. A certified copy can cost up to $1.00 a page.
As a defendant, should I ask for my own police report?
Talk to your defense lawyer first. A defendant who asks for police records about a pending case opts into discovery and may owe evidence in return.
Can I get the report as a digital file?
Yes, if the agency keeps it that way. You can ask for a copy in the same form the agency keeps the record.

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.