Who do I send the request to?

Send it to the agency that signed the contract. If the agency does not have the records, it must tell the firm, and the firm must hand them over.

Does a contract that says the firm is not an agency settle it?

No. A court held a firm was an agency in spite of contract words that denied it.

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Are Private Contractor Records Public in Florida? The Agency Test

Written by Adam Bair.Published July 13, 2026Updated October 20, 2026

TL;DR: Sometimes. Private contractor records are public in Florida when the firm acts for a public agency. A contract alone is not enough, so courts use two tests, and you send your request to the agency.

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 firm that acts for a public agency can fall under Florida public records law. The contract alone does not decide it.

Are private contractor records public in Florida?

Sometimes. Under Chapter 119, an “agency” can be a private firm or entity “acting on behalf of any public agency.” s. 119.011(2), Fla. Stat.

The Florida Constitution reaches the same people. Article I, Section 24(a) opens the records of public bodies and of those who act for them.

The Florida Supreme Court said why the wording is so wide. It keeps an agency from dodging the law by handing its own job to a private firm by contract. News and Sun-Sentinel Co. v. Schwab, Twitty & Hanser Architectural Group, Inc., 596 So. 2d 1029 (Fla. 1992).

A contract alone is not enough

A firm does not become an agency just by signing a contract to give an agency professional help. Holifield v. Big Bend Cares, Inc., 326 So. 3d 739 (Fla. 1st DCA 2021).

In Holifield, a health care firm under a state contract was not covered. The state did not create it, and it did not hand the firm any power to decide things. The state also did not run or control the firm's work.

Public money alone is not enough either. A court held that giving public funds to a private group is not, by itself, a key factor. Sarasota Herald-Tribune Company v. Community Health Corporation, Inc., 582 So. 2d 730 (Fla. 2d DCA 1991).

Contract wording does not settle it the other way. A court found a firm that ran college book stores was an agency, though its contract said no. Booksmart Enterprises, Inc. v. Barnes & Noble College Bookstores, Inc., 718 So. 2d 227 (Fla. 3d DCA 1998).

What if a law or an agency created the private entity?

Then the law most likely reaches it. The Attorney General has often said that a group a law or an agency set up must follow Chapter 119. AGO 94-34 and AGO 95-17.

Being a nonprofit does not change that. The question is still whether the group acts for a public agency.

One state law spells it out for area agencies on aging (s. 20.41(8), Fla. Stat.). These nonprofits must follow the records law. They must also hold public meetings when they weigh contracts that spend funds.

What is the totality of factors test in Florida public records law?

For a firm the government did not create, courts often weigh a list of factors. The Schwab court set out the list, and no one factor decides.

How much public money the firm gets.
If public and private funds mix.
If the work takes place on public land or in a public facility.
If the firm is a key part of how the agency makes its choices.
If the firm does a job the agency would otherwise do.
How much the agency takes part in, rules, or controls the firm.
If the agency created the firm.
If the agency has a large money stake in the firm.
Whose good the firm serves.

To apply the list, courts often read the contract, lease, or county rule that sets up the deal. A court that skips the factors makes a mistake. National Council on Compensation Insurance v. Fee, 219 So. 3d 172, 182 (Fla. 1st DCA 2017).

How the factors play out

Covered: a performing arts center with a board of city and county picks, on city land, doing a public job. AGO 92-37.
Not covered: an architect firm that drew plans for school buildings. That was Schwab itself.
Not covered: a phone vendor that gave a city cell service and got payment only for that service.

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 one factor decides it.

What is the delegation of function test in Florida?

This test asks one thing. Does the firm work for the agency, or in place of it?

If a firm takes over a public duty, such as a jail or fire service, the open government laws apply. News-Journal Corp. v. Memorial Hospital-West Volusia, Inc., 695 So. 2d 418 (Fla. 5th DCA 1997).

When the handoff is that clear, courts need not weigh the factors. In one case, the city gave its engineering work to a private firm, and that alone decided it. B & S Utilities, Inc. v. Baskerville-Donovan, Inc., 988 So. 2d 17 (Fla. 1st DCA 2008).

Examples courts have found covered

A firm that ran a county jail, and a firm that gave jail medical care.
The Salvation Army, for its work on misdemeanor cases under a county contract. Stanfield v. Salvation Army, 695 So. 2d 501 (Fla. 5th DCA 1997).
A group of firms set up only to manage an airport rebuild. Dade Aviation Consultants v. Knight Ridder, Inc., 800 So. 2d 302 (Fla. 3d DCA 2001).
A towing firm that cleared wrecked and junk cars from city streets. Fox v. News-Press Publishing Co., 545 So. 2d 941 (Fla. 2d DCA 1989).
A search firm hired to find a director for a public agency.
A humane society that looked into animal abuse for a county.
A homeowners group's design board that had to OK county building permits. AGO 99-53.

The limit on this test

Courts use this test only when the handoff is clear and complete. In Ellis, a county still did its own business recruiting work beside a private group. Economic Development Commission v. Ellis, 178 So. 3d 118, 123 (Fla. 5th DCA 2015).

The group worked for the county, not in place of it. So the court said the judge should have used the factors test instead.

What about records a firm keeps for the agency?

If an agency hands a firm the job of keeping records it needs, those records are open. In one case, a county hired a firm to manage a construction project and keep records on fair bidding.

Those contractor records were public. Harold v. Orange County, 668 So. 2d 1010 (Fla. 5th DCA 1996).

The law can reach subcontractors too. One circuit court made a subcontractor open its time sheets and billing records. It had shared a town's traffic study job.

The court said a firm cannot get around the law by handing its duties to yet another private firm.

What does Section 119.0701 require in agency contracts?

Section 119.0701, Florida Statutes, sets a requirement for every agency contract for services. The contract must make the contractor follow the public records laws on keeping records and public access.

The statute uses the same test as above. A “contractor” here is one that acts for the agency, so the kind of work decides it. AGO 14-06.

Contracts made or changed after July 1, 2016, must list how to reach the agency's records custodian. A custodian is the staff member in charge of the records.
You must send a request about the contract to the agency itself (s. 119.0701(3)(a), Fla. Stat.).
If the agency lacks the records, it must tell the firm at once. The firm must then give the records to the agency, or let you see them, in a fair time.
The statute also sets penalties for a firm that does not comply.

State agency contracts get one more provision (s. 287.058(1)(c), Fla. Stat.). The agency can end the deal if the firm blocks public access to its contract records.

Two more statutes that open private records

If the Legislature funds a private group, its records of that money are public (s. 11.45(3)(e), Fla. Stat.).
If an agency pays dues to a group, its records on that agency are open (s. 119.01(3), Fla. Stat.).

How do I request records from a private contractor?

Address your request to the agency that signed the contract. Name the contract, the firm, and the records you want, with dates.

Say that you want records the firm holds that relate to its work under the contract. Cite Section 119.0701 so the agency knows its duty to get them from the firm.

If the agency says no, ask it to name the exemption it relies on (s. 119.07(1)(e), Fla. Stat.). An exemption is a law that keeps a record closed. If you ask, it must also give its reasons in writing (s. 119.07(1)(f), Fla. Stat.).

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.

What if the agency or the firm still refuses?

Put your challenge in writing. Name the records, the contract, and the reason you think the firm acts for the agency.

If you sue and the court finds an unlawful refusal, it must award costs and fees (s. 119.12, Fla. Stat.). That holds only if you gave the custodian written notice five business days before you filed.

See what to do after a denial and can I get attorney fees.

Laws change, so check for any update to the statute you rely on. For records a firm keeps in digital form, see electronic records and metadata. For how long an agency must keep records, see retention schedules.

Frequently asked questions

Are private contractor records public in Florida?: Sometimes. They are public when the firm acts for a public agency, not just when it has a contract with one.
What is the totality of factors test?: It is a list of things a court weighs, such as public money, control, and whose good the firm serves. No one item decides.
What is the delegation of function test?: It asks if the firm took over a public job in place of the agency, such as running a jail. If the handoff is clear and complete, the law reaches the firm.
Who do I send the request to?: Send it to the agency that signed the contract. If the agency does not have the records, it must tell the firm, and the firm must hand them over.
Does a contract that says the firm is not an agency settle it?: No. A court held a firm was an agency in spite of contract words that denied it.
Do subcontractors have to follow the law?: They can. One circuit court made a subcontractor open its time sheets and billing records when it shared the public job.

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.