What is the penalty for violating Florida's public records law?

A Florida public officer who violates Chapter 119 commits a noncriminal infraction punishable by a fine of up to $500. Section 119.10(1)(a), F.S. A knowing violation of the inspect-and-copy duty under Section 119.07(1) is a first-degree misdemeanor and subjects the officer to suspension, removal, or impeachment. Section 119.10(1)(b), F.S.

Does Section 119.10 apply only to public officers?

Subsection (1) applies to public officers. Subsection (2) reaches any person who willfully and knowingly violates Chapter 119, and makes the violation a first-degree misdemeanor. A willful and knowing violation of Section 119.105 (improper use of crime-victim information from police reports) is a third-degree felony.

Do I collect the fine if the officer is found guilty?

No. Section 119.12(4), F.S., specifies that Chapter 119 does not create a private right of action for monetary damages. The civil recovery is limited to the reasonable costs of enforcement, including reasonable attorney fees, in a civil action.

Who can prosecute a public officer for violating Chapter 119?

The state attorney may prosecute. AGO 91-38. Prosecution is discretionary; real prosecutions of public officers under Section 119.10 are uncommon.

Is destroying public records a worse crime than refusing to produce them?

Yes. Concealing, covering up, or destroying an official record knowingly and intentionally to obtain a benefit or cause harm is a separate offense under Section 838.022(1)(b), F.S.

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Penalties for Violating Florida's Public Records Law

Written by Adam Bair.Published July 20, 2026Updated July 20, 2026

TL;DR: A Florida public officer who violates Chapter 119 commits a noncriminal infraction punishable by a fine of up to $500. Section 119.10(1)(a), F.S. A public officer who knowingly violates the inspect-and-copy duty under Section 119.07(1) is subject to suspension, removal, or impeachment and commits a first-degree misdemeanor. Section 119.10(1)(b), F.S. Any person who willfully and knowingly violates Chapter 119 commits a first-degree misdemeanor. A willful and knowing violation of Section 119.105 is a third-degree felony.

Does Florida law actually punish public officers who violate the Public Records Act?

Yes. Florida's Public Records Act has teeth that reach the individual public officer, not just the agency. Section 119.10, F.S., creates a tiered penalty structure. The personal exposure on the officer's side matters because it changes how a supervising officer weighs the risk of stonewalling a legitimate request.

Section 119.10 at a glance

The statute has two subsections. Subsection (1) applies to public officers. Subsection (2) reaches any person. Within each subsection, the penalty scales with the mental state required.

Who	What they did	Penalty
Public officer	Any Chapter 119 violation	Noncriminal infraction, fine up to $500
Public officer	Knowingly violates Section 119.07(1) inspect-and-copy duty	First-degree misdemeanor plus suspension, removal, or impeachment
Any person	Willfully and knowingly violates Chapter 119	First-degree misdemeanor
Any person	Willfully and knowingly violates Section 119.105 (crime-victim police-report information)	Third-degree felony

The $500 noncriminal infraction

Section 119.10(1)(a), F.S., says: “Any public officer who . . . [v]iolates any provision of this chapter commits a noncriminal infraction, punishable by fine not exceeding $500.” No criminal intent is required. Even a careless or sloppy violation by a public officer carries this baseline exposure. It works like a civil traffic fine, not a criminal charge.

The first-degree misdemeanor and removal

Section 119.10(1)(b), F.S., says: “Any public officer who . . . [k]nowingly violates the provisions of s. 119.07(1) is subject to suspension and removal or impeachment and, in addition, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.”

A first-degree misdemeanor is the most serious misdemeanor class in Florida. The Sunshine Manual summarizes the exposure as up to one year in jail and up to a $1,000 fine. The officer is also subject to suspension, removal, or impeachment. Section 119.07(1), F.S., is the inspect-and-copy duty, the provision most directly tied to fielding records requests, so this is the section a stalling officer is most likely to be charged under.

Why “knowingly” matters

The first-degree misdemeanor requires a knowing violation. It is not a negligence standard. The First District Court of Appeal held in State v. Webb, 786 So. 2d 602 (Fla. 1st DCA 2001), that Section 119.10(1)(b) “authorizes a conviction for violating s. 119.07 only if a defendant is found to have committed such violation ‘knowingly’; statute cannot be interpreted as allowing a conviction based on mere negligence.” An officer who lost your request in a pile of paperwork is not committing the misdemeanor. An officer who reads your request, knows the records exist, and refuses access without a legal basis is in the zone of the statute.

First-degree misdemeanors against any person who willfully and knowingly violates Chapter 119

Section 119.10(2)(a), F.S., says: “Any person who willfully and knowingly violates . . . [a]ny of the provisions of this chapter commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.” This reach is broader than subsection (1). It is not limited to public officers. It picks up willful and knowing violations by any person subject to Chapter 119. The required mental state is “willful and knowing,” a higher bar than the bare “knowingly” in subsection (1)(b).

The third-degree felony for misusing crime-victim information

Section 119.10(2)(b), F.S., says: “Any person who willfully and knowingly violates . . . [Section] 119.105 commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.” Section 119.105, F.S., is the “Protection of victims of crimes or accidents” provision. It restricts information in police reports from being used for commercial solicitation of victims or their relatives.

This felony exposure is narrow and targeted. It is aimed at people who scrape police reports to solicit crash victims or crime victims, not at agencies that drag their feet on routine requests.

Who can prosecute?

The state attorney has authority. AGO 91-38 confirmed that “[a] state attorney may prosecute suits charging public officials with violations of the Public Records Act, including those violations which may result in a finding of guilt for a noncriminal infraction.” Prosecution is discretionary. Real criminal prosecutions of public officers under Section 119.10 are uncommon in practice. The statute exists, and an officer who reads it carefully will not want the agency to be the test case.

Refusing to produce a record is covered by Section 119.10. Destroying a record to hide it is a different and more serious offense. Section 838.022(1)(b), F.S., makes it unlawful for a public servant or public contractor to “knowingly and intentionally obtain a benefit for any person or to cause unlawful harm to another, by concealing, covering up, destroying, mutilating, or altering any official record or official document, except as authorized by law or contract, or causing another person to perform such an act.” The AG Sunshine Manual flags this statute in Part II.H.3. Do not let the agency conflate the two. A refusal and a concealment are different acts with different exposure.

What the criminal exposure changes in practice

The leverage is not “I will get this clerk indicted.” Real prosecutions are uncommon, and the decision belongs to the state attorney. The practical point is that a careful supervising officer, knowing Section 119.10 exists, will not want the agency to be the example case.

When a request has been ignored, send a follow-up letter to the records custodian and the supervising officer. Cite Section 119.10. State the duty under Section 119.07(1), F.S. Ask for a written basis for any continued refusal. The goal is to make a supervisory officer pause long enough to do the right thing, not to threaten prosecution.

Keep all communications in writing. If you later go to court, this paper trail shows the agency was on notice and still did not comply.

What this section is not

Section 119.10 does not replace the civil enforcement track. Criminal penalties do not bar a civil action. The requester still has the mandamus path, the attorney-fee shifting framework under Section 119.12, F.S., and the AG mediation program under Section 16.60, F.S.
It does not produce damages for you. Section 119.12(4), F.S., is clear: Chapter 119 does not create a private right of action for monetary damages. Even when an officer commits the first-degree misdemeanor, the requester does not collect a damages award. The civil recovery is limited to reasonable attorney fees and costs in a civil action.
It does not require you to file a criminal complaint first. The civil mandamus path is independent of any criminal prosecution.
It does not turn every stalled request into a misdemeanor. The criminal subsections require a knowing or willful and knowing violation. A slow or disorganized response alone does not meet that standard.

Frequently asked questions

What is the penalty for violating Florida's public records law?: A Florida public officer who violates Chapter 119 commits a noncriminal infraction punishable by a fine of up to $500. Section 119.10(1)(a), F.S. A knowing violation of the inspect-and-copy duty under Section 119.07(1) is a first-degree misdemeanor and subjects the officer to suspension, removal, or impeachment. Section 119.10(1)(b), F.S.
Can a Florida public officer go to jail for violating the public records law?: Possibly. A knowing violation of Section 119.07(1), F.S., is a first-degree misdemeanor, the most serious misdemeanor class in Florida. The Sunshine Manual summarizes the exposure as up to one year in jail and up to a $1,000 fine. Conviction requires proof that the officer acted knowingly, not negligently. State v. Webb, 786 So. 2d 602 (Fla. 1st DCA 2001).
Does Section 119.10 apply only to public officers?: Subsection (1) applies to public officers. Subsection (2) reaches any person who willfully and knowingly violates Chapter 119, and makes the violation a first-degree misdemeanor. A willful and knowing violation of Section 119.105 (improper use of crime-victim information from police reports) is a third-degree felony.
Do I collect the fine if the officer is found guilty?: No. Section 119.12(4), F.S., specifies that Chapter 119 does not create a private right of action for monetary damages. The civil recovery is limited to the reasonable costs of enforcement, including reasonable attorney fees, in a civil action.
Who can prosecute a public officer for violating Chapter 119?: The state attorney may prosecute. AGO 91-38. Prosecution is discretionary; real prosecutions of public officers under Section 119.10 are uncommon.
Is destroying public records a worse crime than refusing to produce them?: Yes. Concealing, covering up, or destroying an official record knowingly and intentionally to obtain a benefit or cause harm is a separate offense under Section 838.022(1)(b), F.S.

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.