Does it matter if the record sits on a home phone?

No. The court looks at the kind of record, not where it is. Work texts on a private phone can be public records.

Is a private email on a city computer public?

No. The state's high court held that purely private emails on city computers were not public records.

The “In Connection With Official Business” Test for Florida Public Records

Written by Adam Bair.Published June 29, 2026Updated October 20, 2026

TL;DR: Florida public records law asks one thing: did an agency make or get the record in connection with official business? If it ties to the work of the office, it counts, on any device and in any form. A purely personal note does not.

This guide walks through the test, the gray areas, and how to use it when you write a request.

What is the test for a public record under the Florida Statutes?

Chapter 119 of the Florida Statutes sets the test. The key words are “in connection with the transaction of official business by any agency.” s. 119.011(12), Fla. Stat.

The same statute lists the forms a record can take. It names papers, letters, maps, tapes, photos, film, sound files, and software, in any form.

The Florida Constitution backs the test. Article I, Section 24 opens any public record tied to the work of a public body, officer, or worker.

What does in connection with official business mean?

It means the record ties to the work of the office. The high court added that the record must aim to “perpetuate, communicate, or formalize knowledge of some type.” Shevin v. Byron, Harless, Schaffer, Reid and Associates, Inc., 379 So. 2d 633, 640 (Fla. 1980).

In plain words, the record keeps, shares, or sets down what someone knows. A memo, a report, an email to a builder, and a letter to the mayor all fit.

Letters the mayor gets in that role count too. AGO 77-141. So do bills for a city's phones, since paying those bills is city business.

Are drafts public records in Florida?

Often, yes. The law has no “unfinished business” rule that lets an office hold back work in progress.

A draft becomes a public record once someone shares it for review or comment. That holds even if it says “working draft” on top.

Memos between staff count, and so does a draft report sent to a boss. Only the Legislature can close drafts. Wait v. Florida Power & Light Co., 372 So. 2d 420 (Fla. 1979).

One narrow law shields some agency lawyer work until the case ends (s. 119.071(1)(d), Fla. Stat.).

Are personal notes public records in Florida?

Not always. Notes a worker writes to help them remember, and keeps for their own use, can fall outside the law. AGO 10-55.

A court held the same for an agency attorney's rough notes kept just for his or her own use. Coleman v. Austin, 521 So. 2d 247 (Fla. 1st DCA 1988).

But notes cross the line once they set down final facts. A city board member's memo, written after a meeting to record what he learned, was a public record. Miami Herald Media Co. v. Sarnoff, 971 So. 2d 915 (Fla. 3d DCA 2007).

Sharing can also change the answer. In one circuit case, the parts of an officer's notes he read out at a city meeting became public. The parts he never shared did not.

Does it matter what the record is made of?

No. The law reaches records that exist only in digital form. National Collegiate Athletic Association v. Associated Press, 18 So. 3d 1201 (Fla. 1st DCA 2009).

Calendars, data, and word files on an office's computers can all be public records. AGO 89-39.

Junk mail is a gray area. One court found that spam sent to an office is not always a public record.

Does it matter what device or account holds the record?

No. The high court said the deciding factor is “the nature of the record, not its physical location.” State v. City of Clearwater, 863 So. 2d 149, 154 (Fla. 2003).

Work emails and texts on a personal phone

A work email sent from a home account is still a public record. Say a worker emails a draft budget to a boss from a home computer. That email is a public record.

Texts work the same way. An official who uses a private phone to text about public work can create a public record. O'Boyle v. Town of Gulf Stream, 257 So. 3d 1036, 1040 (Fla. 4th DCA 2018).

For more, see emails to Florida officials and texts from elected officials.

Personal messages on a work device

A purely private note does not turn public just because it sits on a work device. In Clearwater, private emails between city workers on city computers were not public records.

A city commissioner's texts to her husband during a meeting were private too. They were not public records. City of Sunny Isles Beach v. Gatto, 338 So. 3d 1045 (Fla. 3d DCA 2022).

But a record that looks private can still be part of the job. Flight logs that county pilots had to keep for their work were public. Miami-Dade County v. Professional Law Enforcement Association, 997 So. 2d 1289 (Fla. 3d DCA 2009).

Mail sent to the wrong office

What if a letter reaches an agency by mistake? The Attorney General told one board that issues a license to look at how it got the letter.

One clue is whether the letter relates to a past, open, or future inquiry by the board.

Are email addresses a public record in Florida?

In most cases, yes. If you email a public office, your email address is part of a public record. Agency websites must post a notice that says so (s. 668.6076, Fla. Stat.).

A few laws protect some addresses. One covers the email address a tax collector holds to send tax notices (s. 197.3225, Fla. Stat.).

Is every public record open to the public?

No. The test tells you if something is a public record. A separate statute, called an exemption, may still close all or part of it.

Only the Legislature can make those exemptions, not a court or an office. If one holds back a record, it must name the statute (s. 119.07(1)(e), Fla. Stat.).

Looking at public records is free unless a law sets a fee. Copies cost money, and a big job can carry a special service charge, a fee for extra staff time.

Is this the same as the Sunshine Law?

No. This test comes from the public records law, Chapter 119. The Sunshine Law, s. 286.011, Fla. Stat., covers public meetings.

The two can overlap. A group text among board members may be a public record and also a private talk the meetings law bars.

How do I use this test on my own request?

Describe the records by subject, such as the bid for the new fire station.
Ask for drafts, memos, and notes that staff shared, not just final papers.
Ask for emails and texts on work and home phones and accounts.
Give a date range and name the people or offices.
If the office calls a record private, ask it to say why in writing.

For a full sample, see how to write a request letter. To check who must follow the law, see what agencies the law covers.

Frequently asked questions

What does in connection with official business mean?: It means the record ties to the work of a public office. A road plan, a budget email, or a text to a builder about a city job all count.
Are drafts public records in Florida?: Yes, once someone shares a draft for review or comment. Only notes kept for the writer's own use can fall outside the law.
Are personal notes public records?: Not if the writer kept them for their own use and never meant them to pass on what they knew. Once shared or used to record the facts, they count.
Does it matter if the record sits on a home phone?: No. The court looks at the kind of record, not where it is. Work texts on a private phone can be public records.
Is a private email on a city computer public?: No. The state's high court held that purely private emails on city computers were not public records.
Is every public record open?: No. A public record can still be exempt if a statute closes it. The office must name that statute.

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.