Does a record have to be a final version to be public?

No. There is no unfinished-business exception. Drafts and interoffice memos are public records once they communicate or formalize knowledge, unless the Legislature has exempted them. See Wait v. Florida Power & Light Company, 372 So. 2d 420 (Fla. 1979).

Is a government official's email or text a public record if it is on a personal device?

It can be. The test is the content and purpose of the record, not the device. A work text on a personal phone can be a public record, per O'Boyle v. Town of Gulf Stream, 257 So. 3d 1036 (Fla. 4th DCA 2018).

Is everything on a government computer a public record?

No. A purely personal note or message is not a public record just because it sits on a government device. A personal email sent from a personal computer was held not to be public in Butler v. City of Hallandale Beach, 68 So. 3d 278 (Fla. 4th DCA 2011).

Are personal notes a public record in Florida?

Usually not, if they are kept private and used only as a memory aid. Once a note is shared, filed, or used to formalize a decision, it becomes a public record. See Justice Coalition v. The First District Court of Appeal Judicial Nominating Commission, 823 So. 2d 185 (Fla. 1st DCA 2002).

Does the format of a record matter?

No. The definition covers any form, including records that exist only in digital form, such as databases, electronic calendars, and word processing files.

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The “In Connection With Official Business” Test, Explained

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

TL;DR: In Florida, a record is public when an agency makes or receives it in connection with official business and it is meant to perpetuate, communicate, or formalize knowledge. It does not matter what the record is made of or what device holds it. A work email on a personal phone can be public. A personal note on a government computer may not be. Courts look at the content and purpose of the record, not where it lives or whether it is a final draft.

What is the test for a public record in Florida?

Florida Constitution Article I, Section 24 guarantees the public a right of access to government records. Section 119.011(12), Florida Statutes, translates that right into a working definition:

“Public records” means all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business by any agency.

The Florida Supreme Court gave that definition its working test. In Shevin v. Byron, Harless, Schaffer, Reid and Associates, Inc., 379 So. 2d 633, 640 (Fla. 1980), the court held that the definition covers all materials made or received by an agency in connection with official business that are used to perpetuate, communicate, or formalize knowledge.

The test has two working parts. Both must be present. First, the record must be made or received in connection with the transaction of official business. Second, the record must be intended to perpetuate, communicate, or formalize knowledge. A record that fails the second part, for example a private reminder note, can fall outside the definition even if it touches agency work.

What does “in connection with official business” mean?

Official business is the work the agency does under its legal authority: issuing permits, conducting investigations, spending public money, making hiring decisions, enforcing regulations. A record is made or received in connection with that work when it comes out of, supports, or documents what the agency does.

The definition applies to any agency covered by Florida's Public Records Act. Section 119.011(2), Florida Statutes, defines “agency” to include state, county, district, authority, and municipal governments, plus every official and office of each. The definition is broad.

What does “perpetuate, communicate, or formalize knowledge” mean?

This is the second half of the test and the part most likely to matter in close cases. It asks whether the record was made to carry information from one person to another, to put something into permanent form, or to make a formal record of what an agency knew or decided. Most official documents do this. Some do not.

Drafts and non-final records still count

There is no “unfinished business” exception. All materials, whether or not in final form, are open for inspection unless the Legislature has exempted them. Wait v. Florida Power & Light Company, 372 So. 2d 420 (Fla. 1979). Interoffice and intra-office memos that communicate information from one public employee to another, or that are merely prepared for filing, are public records because they supply the evidence of knowledge obtained in the course of official business.

A draft circulated for review, comment, or information is a public record even if it is marked “preliminary” or “working draft.” Fear of premature release does not make a record confidential. Gannett Corporation, Inc. v. Goldtrap, 302 So. 2d 174 (Fla. 2d DCA 1974). Only the Legislature can exempt drafts, as it did with the limited agency-attorney work-product exemption in Section 119.071(1)(d), Florida Statutes.

Personal notes to yourself usually do not count

Shevin recognized that not every record made in the course of official business is meant to perpetuate, communicate, or formalize knowledge. Public employees' notes to themselves designed for their own personal use in remembering things do not fall within the definition. Justice Coalition v. The First District Court of Appeal Judicial Nominating Commission, 823 So. 2d 185, 192 (Fla. 1st DCA 2002). The dividing line: a note kept private and uncirculated, used only as a memory aid, may not be a public record. The moment it is shared, filed, or used to formalize a decision, it becomes one.

Does it matter what the record is made of?

No. The definition covers material “regardless of the physical form, characteristics, or means of transmission.” A record is not limited to paper. Records that exist only in digital form are covered. Electronic calendars, databases, and word processing files on an agency's computers can all be public records. National Collegiate Athletic Association v. Associated Press, 18 So. 3d 1201 (Fla. 1st DCA 2009). Section 119.01(2)(a), Florida Statutes, reinforces this: “Automation of public records must not erode the right of access.”

Email is covered just like paper. Electronic records created in word processors, stored in databases, or sent via messaging apps fall within the definition. Rhea v. District Board of Trustees of Santa Fe College, 109 So. 3d 851 (Fla. 1st DCA 2013).

Does it matter what device or account holds the record?

No. The determining factor is the nature of the record, not whether it sits on a private or a government computer or communications device. Courts look at the content and purpose, not the platform.

Work emails and texts on personal devices

A public official or employee's use of a private cell phone to conduct public business by text message can create an electronic public record subject to disclosure if the text is prepared, owned, used, or retained within the scope of the person's employment or agency. O'Boyle v. Town of Gulf Stream, 257 So. 3d 1036, 1040-1041 (Fla. 4th DCA 2018). A city commissioner's text messages may be public records. City of Sunny Isles Beach v. Gatto, 338 So. 3d 1045 (Fla. 3d DCA 2022). An official cannot avoid disclosure by doing public business on a personal phone.

See our article on texts on a personal phone for more on this rule applied to text messages specifically.

Personal messages on government devices

The flip side also holds. A purely personal communication by a public official falls outside the definition. A list of recipients of a personal email a mayor sent from her personal computer was held not to be a public record. Butler v. City of Hallandale Beach, 68 So. 3d 278 (Fla. 4th DCA 2011). A personal message does not become a public record just because it was sent from a government device. Content controls.

A memo a city commissioner wrote after a meeting, summarizing what was said and containing alleged facts about possible criminal activity, was a public record because it formalized and perpetuated his final knowledge from the meeting, not a private mental-impression note. Miami Herald Media Co. v. Sarnoff, 971 So. 2d 915 (Fla. 3d DCA 2007). The lesson: once a note moves from “reminder to myself” to “record of what I know,” it becomes public.

See our article on why the content, not the device, controls for a deeper look at how this rule applies to email.

How do I use this test on my own request?

Frame your request around content and purpose, not file type. Ask for records “regardless of format or device” that relate to a specific subject. Name the custodians likely to hold them, including their work accounts and any personal accounts used for agency business. This sets up the agency's duty to search personal accounts for responsive records.

A sample framing: “I am requesting all records, regardless of format, device, or account used, made or received by [official name or title] in connection with [specific subject] from [date range]. This includes records on personal devices or personal email accounts used to conduct agency business.”

For help drafting the letter, see the full definition of a public record and our request-letter guide.

The test explains when a record is public. Whether a specific document in your situation meets the test is a judgment call the courts make on the facts. Close cases turn on what the record was actually used for. This article gives you the framework; a lawyer applies it to the facts.

Frequently asked questions

What makes a document a public record in Florida?: A document is a public record when an agency makes or receives it in connection with official business and it is meant to perpetuate, communicate, or formalize knowledge. The Florida Supreme Court set this test in Shevin v. Byron, Harless, Schaffer, Reid and Associates, Inc., 379 So. 2d 633 (Fla. 1980).
Does a record have to be a final version to be public?: No. There is no unfinished-business exception. Drafts and interoffice memos are public records once they communicate or formalize knowledge, unless the Legislature has exempted them. See Wait v. Florida Power & Light Company, 372 So. 2d 420 (Fla. 1979).
Is a government official's email or text a public record if it is on a personal device?: It can be. The test is the content and purpose of the record, not the device. A work text on a personal phone can be a public record, per O'Boyle v. Town of Gulf Stream, 257 So. 3d 1036 (Fla. 4th DCA 2018).
Is everything on a government computer a public record?: No. A purely personal note or message is not a public record just because it sits on a government device. A personal email sent from a personal computer was held not to be public in Butler v. City of Hallandale Beach, 68 So. 3d 278 (Fla. 4th DCA 2011).
Are personal notes a public record in Florida?: Usually not, if they are kept private and used only as a memory aid. Once a note is shared, filed, or used to formalize a decision, it becomes a public record. See Justice Coalition v. The First District Court of Appeal Judicial Nominating Commission, 823 So. 2d 185 (Fla. 1st DCA 2002).
Does the format of a record matter?: No. The definition covers any form, including records that exist only in digital form, such as databases, electronic calendars, and word processing files.

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.