Are private contractor records public records in Florida?

Sometimes. A private company's records are public records when the company is acting on behalf of a public agency and the records were made or received in connection with that official function. Section 119.011(2), Florida Statutes, sweeps in private entities acting on behalf of a public body. The key question is whether the company stepped into the agency's shoes.

What is the totality of factors test for private contractors under Florida public records law?

The totality of factors test asks a court to weigh multiple items: whether the entity performs a governmental function; whether it is publicly funded; whether it is subject to government oversight; whether it was created by the government; whether the government can remove the entity's management; whether the government owns the entity's property; whether the entity has the power of eminent domain; whether the entity is required to follow governmental procedures; and whether a statute or court order subjects the entity to the Public Records Act.

What is the delegation of function test for private contractors?

The delegation of function test asks whether the private entity stepped into the government's shoes and took over a function that was previously governmental. If a private company took on a duty the agency itself would otherwise perform, the company's records relating to that duty are public records.

How do I request public records from a private contractor in Florida?

Under Section 119.0701, Florida Statutes, the public agency that contracted with the company is your one stop. The agency must respond to your request for records in the contractor's custody that relate to the contract. The agency bears the same obligation it would if the agency held the records directly.

Does Section 119.0701 require specific language in government contracts?

Yes. Section 119.0701 requires contracts between public agencies and private entities to include specific public records provisions: a clause that the contractor must comply with Chapter 119; a clause that the contractor must keep records as required by the agency; and a clause that the public agency must be designated as the point of contact for public records requests under the contract.

What if the private contractor refuses to give me records?

If the contractor holds public records and refuses to produce them, the agency is still your primary target. The agency has an obligation to facilitate access to its contractor's records. If the agency fails to act, you may have a claim under Section 119.12 for attorney fees if you ultimately prevail in court.

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Are Private Contractor Records Public in Florida? The Agency Test

Written by Adam Bair.Published July 13, 2026Updated July 13, 2026

A handshake between a suited government official and a businessperson over a desk covered in contract documents and file folders, representing a public-private agency relationship. — A private company that acts on behalf of a public agency can be subject to Florida public records law. The contract alone does not decide it.

TL;DR

A private company can be on the hook for Florida public records when it acts on behalf of a public agency. Section 119.011(2) sweeps in private entities acting on behalf of a public body. A contract alone is not enough. Courts use two tests. The totality of factors test weighs nine items like funding, control, and whether the work is a government job. The delegation of function test asks whether the company stepped into the agency's shoes. Section 119.0701 also forces specific contract terms and gives you the agency as your one stop for requests.

When are a private contractor's records public records in Florida?

The Florida Constitution at Article I, Section 24(a), gives every person the right to inspect or copy public records. Chapter 119, Florida Statutes, implements that right. The definition of "agency" in Section 119.011(2) includes private entities acting on behalf of a public body. That definition is what pulls private contractors into the public records orbit.

The Florida Supreme Court addressed private entity status in News-Journal v. Memorial Hospital-West Volusia, 729 So. 2d 373 (Fla. 1999), approving the Fifth District's analysis at 695 So. 2d 418 (Fla. 5th DCA 1997). The court recognized two distinct analytical frameworks Florida courts use to decide whether a private entity is subject to Chapter 119: the totality of factors test and the delegation of function test.

A contract with a public agency does not automatically make the contractor an "agency" under Chapter 119. The relationship and the work are what matter.

What is the totality of factors test?

The totality of factors test comes from News and Sun-Sentinel v. Schwab, Twitty and Hanser, 596 So. 2d 1029 (Fla. 1992), where the Florida Supreme Court identified a list of factors courts consider when deciding whether a private entity acts on behalf of a public body.

Courts weigh:

Whether the entity performs a governmental function.
Whether the entity is publicly funded.
Whether the government exercises oversight of the entity.
Whether the government created the entity.
Whether the government can remove the entity's management.
Whether the government owns the entity's property or facilities.
Whether the entity has the power of eminent domain or other government powers.
Whether the entity must follow governmental procedures.
Whether a statute or court order subjects the entity to the Public Records Act.

No single factor is controlling. Courts look at the full picture. An entity that scores heavily on government funding, government-owned facilities, and government-assigned functions is more likely to be found to be acting on behalf of a public body than a contractor that merely bills the government for services.

In Economic Development Commission v. Ellis, 178 So. 3d 118 (Fla. 5th DCA 2015), the court applied the totality test to a public-private development entity. In Stanfield v. Salvation Army, 695 So. 2d 501 (Fla. 5th DCA 1997), the court found that a nonprofit providing correctional services did not meet the standard because the governmental control factors were not satisfied.

A two-column checklist comparing factors that favor public agency status versus private status for a contractor, displayed on a clipboard against a government building backdrop. — The totality of factors test weighs nine items. No single factor decides the question.

What is the delegation of function test?

The delegation of function test asks a simpler question: did the private entity step into the government's shoes? If a private company took over a function that a public agency would otherwise perform itself, the records the company made or received while performing that function are public records.

The test came into sharper focus in Holifield v. Big Bend Cares, 326 So. 3d 739 (Fla. 1st DCA 2021). There, the court analyzed whether a private nonprofit operating a Ryan White HIV/AIDS program under a government grant was subject to Chapter 119. The court looked at whether the entity had taken over a function the county would otherwise perform.

The delegation of function test can reach entities that do not satisfy every factor of the totality test. If the delegation is clear, the entity is on the hook for Chapter 119 purposes even if government control over the entity is limited.

What does Section 119.0701 require for government contracts?

Section 119.0701, Florida Statutes, imposes specific requirements on contracts between public agencies and private entities when the contract involves the performance of a public agency function. The agency must include in the contract:

A clause requiring the contractor to comply with Chapter 119. Section 119.0701(2)(a).
A clause requiring the contractor to keep and maintain public records required by the agency to perform the service. Section 119.0701(3)(a).
A clause designating the public agency as the point of contact for public records requests related to the contract. Section 119.0701(4).

Section 119.0701(1)(a) defines the scope: it applies to contracts between agencies and private persons or entities to perform a service that the agency would otherwise perform using agency employees.

The practical effect is that the public agency becomes your one stop. When you request records that relate to a contractor's work under a 119.0701 contract, send the request to the agency, not the contractor. The agency bears the obligation to facilitate production. If the contractor holds the records, the agency must get them.

How do I request records from a private contractor working for a Florida agency?

Start with the agency. Send your request to the public agency that contracted with the private company. In your request, identify the contract, identify the type of records you want, and note that you are requesting records in the contractor's custody that relate to the performance of the contract.

Cite Section 119.0701 in your request. This puts the agency on notice that you are aware of its obligations under that statute. The agency must facilitate production even if it must retrieve records from the contractor.

If the agency denies the request or claims the records are not subject to Chapter 119, ask for the specific basis for the denial in writing. Ask whether the contract contains a Section 119.0701 clause. Ask whether the contractor is performing a function the agency would otherwise perform itself. The answers to those questions determine whether you have grounds to push back.

A public records request letter addressed to a government agency referencing a contractor, placed on a desk next to a government contract document. — Send your request to the public agency, not the contractor. The agency is your one stop under Section 119.0701.

What if the agency denies the request or the contractor refuses?

If the agency denies the request or says the contractor's records are not public, you have options. First, put your challenge in writing. Identify the specific records, the contract, the statutory basis for your access right, and the denial you received.

Second, if the agency continues to deny access and you believe the records are public, you may file a petition in circuit court. Section 119.11 allows a court to require production of public records and Section 119.12 allows the court to award attorney fees to a requester who substantially prevails.

For guidance on a denied request and the steps before filing, see what to do if your Florida public records request is denied and can I get attorney fees in a Florida public records case.

For electronic records held by the contractor, see electronic records and metadata under Florida public records law. For retention obligations, see Florida public records retention schedules.

Frequently asked questions

Are private contractor records public records in Florida?: Sometimes. A private company's records are public records when the company is acting on behalf of a public agency and the records were made or received in connection with that official function. Section 119.011(2), Florida Statutes, sweeps in private entities acting on behalf of a public body. The key question is whether the company stepped into the agency's shoes.
What is the totality of factors test for private contractors under Florida public records law?: The totality of factors test asks a court to weigh multiple items: whether the entity performs a governmental function; whether it is publicly funded; whether it is subject to government oversight; whether it was created by the government; whether the government can remove the entity's management; whether the government owns the entity's property; whether the entity has the power of eminent domain; whether the entity is required to follow governmental procedures; and whether a statute or court order subjects the entity to the Public Records Act.
What is the delegation of function test for private contractors?: The delegation of function test asks whether the private entity stepped into the government's shoes and took over a function that was previously governmental. If a private company took on a duty the agency itself would otherwise perform, the company's records relating to that duty are public records.
How do I request public records from a private contractor in Florida?: Under Section 119.0701, Florida Statutes, the public agency that contracted with the company is your one stop. The agency must respond to your request for records in the contractor's custody that relate to the contract. The agency bears the same obligation it would if the agency held the records directly.
Does Section 119.0701 require specific language in government contracts?: Yes. Section 119.0701 requires contracts between public agencies and private entities to include specific public records provisions: a clause that the contractor must comply with Chapter 119; a clause that the contractor must keep records as required by the agency; and a clause that the public agency must be designated as the point of contact for public records requests under the contract.
What if the private contractor refuses to give me records?: If the contractor holds public records and refuses to produce them, the agency is still your primary target. The agency has an obligation to facilitate access to its contractor's records. If the agency fails to act, you may have a claim under Section 119.12 for attorney fees if you ultimately prevail in court.

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.