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What Agencies Are Covered by Florida Public Records Law? Who Is Exempt

Written by Adam Bair.

TL;DR: Which agencies does Florida public records law cover? Every state and local agency, and any private firm that acts for one. The courts, the Legislature, and U.S. agencies follow other rules.

A hierarchy diagram showing a government building connected to state, county, and municipal agencies, plus a private contractor building.
The law reaches state and local government, plus private firms that act for an agency.

The law is Chapter 119 of the Florida Statutes. This guide shows how to tell if the body you want records from has to follow it.

What agencies are covered by Florida public records law?

The short answer fits in a list. Here is who is in and who is out.

How does Section 119.011(2), Florida Statutes, define agency?

Section 119.011(2), Florida Statutes, gives the word “agency” a wide reach. It takes in state, county, city, and district offices, and boards and other units that a law set up.

It names three state bodies: “the Commission on Ethics, the Public Service Commission, and the Office of Public Counsel.” s. 119.011(2), Fla. Stat. Then it adds any public or private group “acting on behalf of any public agency.”

That reaches state offices, counties, cities, school boards, sheriffs, and special districts. It also reaches some boards that only give advice.

For one, the Attorney General found it reached a staff group a law set up to advise a public hospital. AGO 96-32.

The Florida Constitution backs this up. Article I, Section 24 gives a right to see the records of nearly every state and local body. The only limits are those the constitution or a law sets.

What is a public record under the Florida Statutes?

Coverage has two parts. Who holds the record, and what is it? Chapter 119 answers the second part with a long list:

“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.” s. 119.011(12), Fla. Stat.

In short, form does not matter. Paper, email, text, video, and data all count if they tie to the work of the office.

The state's high court added one more step. Someone must make the record to keep, share, or set down what they know. Shevin v. Byron, Harless, Schaffer, Reid and Associates, Inc., 379 So. 2d 633, 640 (Fla. 1980).

For the full test, see what counts as a public record.

When does the law cover a private company?

The law covers a private firm when it acts for a public agency. The high court said the wide wording stops an agency from dodging the law by handing off its work. News and Sun-Sentinel Co. v. Schwab, Twitty & Hanser Architectural Group, Inc., 596 So. 2d 1029 (Fla. 1992).

But a contract alone is not enough. Public money alone is not enough either. Courts use two tests to sort it out.

The totality of factors test

In Schwab, the court listed things to weigh. No one factor decides.

In Schwab itself, an architect firm that did design work for school buildings was not covered.

The delegation of function test

This test asks a simple thing. Does the firm work for the agency, or in place of it? The law reaches a firm that takes over a public job, such as running a jail or fighting fires.

Courts use this test only when the handoff is clear and complete. If the firm just helps an agency that still does the work too, courts weigh the factors instead. Economic Development Commission v. Ellis, 178 So. 3d 118, 123 (Fla. 5th DCA 2015).

Examples courts have found covered

Charter schools fall under it too. A state law makes them follow the records law and the Sunshine Law (s. 1002.33(16)(b), Fla. Stat.).

An illustration of a contractor with a hard hat connected by a dotted line labeled acting on behalf of to a government building.
For private firms, the test is the work, not just the contract.

What contracts must say under Section 119.0701

Section 119.0701, Florida Statutes, makes agency service contracts carry public records terms. The firm must keep the records and let the public see them, as an agency would.

Contracts signed or changed after July 1, 2016, must also list how to reach the agency's records custodian. A custodian is the staff member in charge of the records.

Send a request about the contract to the agency, not the firm. If the agency lacks the records, it must tell the firm. The firm must then hand them over in a fair time.

Is the Florida Legislature covered?

Yes, but by a different path. The high court held that the word “agency” in Chapter 119 leaves out lawmakers and their staff. Locke v. Hawkes, 595 So. 2d 32 (Fla. 1992).

The state constitution fills the gap. Article I, Section 24(a) gives each person a right to see public records, and that right reaches the Legislature.

Each house has its own rules for its records. The Senate posts its rules at flsenate.gov, and the House posts its rules at myfloridahouse.gov.

Are Florida court records covered?

Court records are open, but not under Chapter 119. Due to the separation of powers, courts are not an “agency” under that law. Times Publishing Co. v. Ake, 660 So. 2d 255 (Fla. 1995).

A court rule, Rule 2.420, opens court records instead. Ask the clerk of court where the case is.

Copies of court records cost more. The clerk charges $1.00 a page, not the 15 cents most agencies charge (s. 28.24, Fla. Stat.).

The Florida Bar works as an arm of the court. The high court has held that lawmakers cannot decide which Bar files are open.

What about the Governor and Cabinet?

Chapter 119 does not reach work the state constitution itself gives the Governor and Cabinet, such as pardons. It does reach them when they sit as a board that lawmakers set up.

The same split applies to a board the constitution sets up. When it does the work the constitution gives it, Chapter 119 does not apply.

Two-column comparison chart showing covered entities on the left with checkmarks and not-covered entities on the right with X marks.
State and local agencies are in. Federal agencies, purely private firms, and out-of-state agencies are out.

Who is exempt from Florida public records law?

No agency is exempt as a whole. The law shields certain records from disclosure, and only when a statute says so. For that topic, see how courts read exemptions.

Some bodies sit outside the law. U.S. agencies follow the federal Freedom of Information Act, and other states have their own laws.

A private firm with no public role is outside it, and so is a homeowners group in most cases. But the law did reach one such group whose board had to OK county permits. AGO 99-53.

Public money alone does not decide it. 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).

For more on the open government laws side by side, see why Florida public records law is not FOIA.

Is the open meetings law the same?

Not quite. People often call both laws the Sunshine Law, but they are two laws. Chapter 119 covers records, and the open meetings law, s. 286.011, Fla. Stat., covers board meetings.

Many bodies must follow both, such as a charter school. If your question is about a meeting, the test is not the same.

How do I make a public records request to a covered agency?

Send your public records request to the agency's records custodian. Name the records as clearly as you can, with dates and the people or offices involved.

You do not have to give a reason. A written request is not required, but it gives you proof of what you asked and when.

If an agency refuses with no lawful basis, a court can award attorney fees (s. 119.12, Fla. Stat.). First, you must give written notice five business days before you sue.

See how to request public records and our request letter guide.

Related

Frequently asked questions

What agencies does Florida public records law cover?
It covers every state, county, city, and district office or board that a law set up. Private firms that act for an agency count too.
Who is exempt from Florida public records law?
No agency is exempt as a whole. U.S. and out of state agencies fall outside it, and the courts and lawmakers follow other rules.
Does the law reach private companies?
Only when they act for a public agency. A contract alone is not enough, and neither is public money alone.
Do charter schools have to follow the law?
Yes. A state law says so, whether the school runs as a public or private entity.
Can I get records from the Legislature?
Yes. Chapter 119 does not reach lawmakers, but the state constitution does. Each house has its own rules for its records.
Are court records public?
Yes, under a court rule, Rule 2.420, not Chapter 119. Ask the clerk of court.
Can I use this law to get U.S. agency records?
No. Those follow the federal Freedom of Information Act.

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.