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Penalties for Violating Florida Public Records Law
TL;DR: The penalties for violating Florida public records law are in section 119.10. A public officer who breaks any rule in Chapter 119 faces a fine of up to $500.
If they knew the law and still kept you from the records, it is a first degree misdemeanor. They may also lose the job. Any person who willfully and knowingly breaks the law can face a crime too.
What are the penalties for violating Florida public records law?
Florida's public records law is Chapter 119 of the Florida Statutes. Its penalties reach the people who break it, not just the public body they work for. They are in section 119.10, which has two parts.
The first part covers public officers. The second part covers any person. In each part, the stakes turn on what the person knew.
| Who | What they did | Penalty |
|---|---|---|
| Public officer | Breaks any rule in Chapter 119 | Noncriminal infraction, fine up to $500 |
| Public officer | Knowingly breaks the duty to let people see and copy records, s. 119.07(1) | First degree misdemeanor, plus suspension and removal or impeachment |
| Any person | Willfully and knowingly breaks any rule in Chapter 119 | First degree misdemeanor |
| Any person | Willfully and knowingly breaks s. 119.105 (crime victim facts in police reports) | Third degree felony |
What is the $500 fine under section 119.10?
A public officer who breaks any rule in Chapter 119 faces a fine of up to $500. The law calls this a noncriminal infraction, which means it is not a crime. That rule is in section 119.10(1)(a).
It is the base level. It can apply to any rule in the chapter, not just a flat no.
Unlike the crime in the next part, this part of the law does not say the officer must have known.
When is it a first degree misdemeanor?
Section 119.07(1) holds the core duty. The keeper of a record must let you see and copy it. They must allow it at any fair time, on fair terms.
A public officer who knowingly breaks that duty commits a first degree misdemeanor, which is a crime. They also face suspension and removal, or impeachment. That rule is in section 119.10(1)(b).
The state has two kinds of misdemeanor, and first degree is the worse of the two. Section 775.081 sets that scale.
The Sunshine Manual puts the top penalty at one year in jail, a $1,000 fine, or both.
Why does the word knowingly matter?
The crime needs proof that the officer knew. A court held that mere negligence is not enough for a guilty verdict. State v. Webb, 786 So. 2d 602 (Fla. 1st DCA 2001).
A slow answer can still lead to a charge. In that same case, a records keeper drew a guilty verdict for a willful breach.
The charge came from a dilatory, or very slow, response to the records requested.
The trial judge then threw out the verdict. The appeals court said that was an error. Webb, 786 So. 2d at 604.
What penalties apply to any person?
The second part of the law reaches past public officers. Any person who willfully and knowingly breaks a rule in Chapter 119 commits a first degree misdemeanor. That is section 119.10(2)(a).
One act is a third degree felony, under section 119.10(2)(b). It is a willful and knowing breach of section 119.105, which guards the victims of crimes and wrecks.
What section 119.105 guards
Police reports are public records, unless a law makes a part of one exempt or confidential. But some people get those exempt facts. They may not use them to reach out to victims or their kin to sell them something.
They also may not knowingly pass the facts on to someone else for that use. The rule does not stop the news from printing facts it lawfully has, under section 119.105.
Can a private contractor face penalties?
A firm that does work for a public agency must keep its records. It must give them to the agency, or let people see them, in a fair time. If it fails, section 119.0701(3)(c) says it may face the penalties in section 119.10.
You ask the agency, not the firm, for those records. If the office does not have them, it must tell the firm right away, under section 119.0701(3)(a).
Who can bring a case against an official?
The state attorney may bring a case that charges public officials with breaking the public records laws. That includes a case that may end with the $500 fine. AGO 91-38.
Is it a crime to hide or destroy a record?
It can be. Section 838.022(1)(b) bars a public servant from knowingly hiding or changing a record to help or harm someone. The one out is when a law or a contract allows the act.
That is not the same act as a flat no. A refusal to hand over a record falls under section 119.10.
What counts as a public record?
The rules guard a wide set of records. Section 119.011(12) lists “tapes, photographs, films, sound recordings, data processing software, or other material” (s. 119.011(12)).
It counts if an office made or received it for official business, in any form. A record is open to the public unless a law makes it exempt from disclosure. Wait v. Florida Power & Light Co., 372 So. 2d 420 (Fla. 1979).
An exemption is a law that lets an office keep a record closed. An agency may black out the exempt part, but it must give you the rest, under section 119.07(1)(d).
How are Sunshine Law penalties different?
The Sunshine Law, Chapter 286, is about public meetings, not records. It has its own penalties. A public officer who breaks it faces a fine of up to $500, under section 286.011(3)(a).
If they knew, it is a second degree misdemeanor , under section 286.011(3)(b). That can mean up to 60 days in jail, a fine of up to $500, or both.
Florida's law is also not the federal Freedom of Information Act. That law covers U.S. agencies, not state agencies or a local governmental body in Florida. See why Florida's law is not FOIA.
What can you do if an agency breaks the law?
Section 119.10 punishes the person who broke the law. It does not pay you. Section 119.12(4) says the law gives no right to money damages.
Your own tools are civil, and they start with a public records request. If the office still says no, you can turn to litigation. Most often that is a writ of mandamus that makes it hand over the records.
If you win and sent the 5-day notice, the court must make the office pay your fair costs and fees. That rule is in section 119.12(1).
A court may also grant an order to stop a pattern of breaking the law. The office must have done it time and again and be likely to keep it up. Daniels v. Bryson, 548 So. 2d 679 (Fla. 3d DCA 1989).
Your right of access to public records comes from the Florida Constitution. Read how to sue a Florida agency, the five-day notice, and the AG mediation program.
Frequently asked questions
- What is the penalty for violating Florida public records law?
- A public officer who breaks any rule in Chapter 119 faces a fine of up to $500. If they knew the law and still kept you from the records, it is a crime. They can also lose the job.
- Can an official go to jail for this?
- Yes, in the worst case. A knowing breach of section 119.07(1) is a first degree misdemeanor. The Sunshine Manual puts the top penalty at one year in jail, a $1,000 fine, or both.
- Is a careless mistake a crime?
- Not under section 119.10(1)(b). That crime needs proof the officer knew. Mere negligence, or plain carelessness, is not enough.
- Does section 119.10 reach only public officers?
- No. Subsection (2) reaches any person who willfully and knowingly breaks Chapter 119. Some misuse of police report facts is a felony.
- Do I get money if the officer is guilty?
- No. Section 119.10 punishes the person who broke the law. Section 119.12(4) says the law gives no right to money damages.
- Who decides whether to charge an official?
- The state attorney. A state attorney may charge public officials who break the public records laws, even for the $500 fine.
Related articles
- How to sue a Florida agency for refusing to produce public records
- The 5-day notice trap before suing under Section 119.12
- The AG mediation program for Florida public records disputes
- What to do when a Florida agency ignores your request
- The custodian: who actually has to produce 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.