What is a public record in Florida, in one line?

It is any file a public agency makes or gets as part of its work, in any form. The law that says so is Section 119.011(12), Florida Statutes.

Do drafts count as public records?

Yes, once the draft goes out to others for review or comment. A label like "draft" does not change that. A note a worker keeps only for her own use may fall outside the law.

Is a text or email from a private phone a public record?

It can be. The test is what the text is about, not whose phone sent it. A text about the agency's work can be a public record, and a text about lunch is not.

Can an agency keep a public record from me?

Only if a law passed by the Legislature lets it. The agency has to name that law. If only part of a record is exempt, the agency blacks out that part and gives you the rest.

Do I need a form or a reason to ask for a public record?

No. The law does not make you use a form, write it down, or give a reason. You may ask in person, by phone, or by email.

If an agency deletes a record before I ask, is it gone?

Not always. Agencies must follow retention schedules, and early destruction can break the law. Copies may also sit on backups or with the people who got them.

Is a public record in Florida the same as one under FOIA?

No. The federal Freedom of Information Act covers U.S. agencies. Florida's own law, Chapter 119, covers state and local agencies, and its reach is broad.

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What Is a Public Record? How Florida Law Defines It

Written by Adam Bair.Published April 27, 2026Updated October 20, 2026

TL;DR: What is a public record in Florida? It is almost any file a public agency makes or gets for its work, in any form. You can see it and get a copy unless a state law lets the agency keep it back.

A fanned mosaic of public-record formats on a wooden desk: paper file, audio cassette, smartphone, notebook, and printed photograph. — Florida public records come in every format. The form does not decide whether it is a record.

Every public records question starts with one test. Is the thing you want a public record at all? In Florida the answer is yes far more often than most people think.

What is a public record under Florida's public records law?

Florida's public records law is Chapter 119 of the Florida Statutes. Section 119.011(12) gives the meaning of the term.

The list of what counts starts with "all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings." Section 119.011(12), Fla. Stat.

It goes on to add "data processing software, or other material." It then says the form does not matter: "regardless of the physical form, characteristics, or means of transmission." Section 119.011(12), Fla. Stat.

So the list is open, and the form of the file is not the point. What counts is why the agency has it. The agency must make or get it by law, or as part of its official work.

The state's top court gave the test in 1980. The material must be part of the agency's business.

It must also serve to "perpetuate, communicate, or formalize knowledge of some type." Shevin v. Byron, Harless, Schaffer, Reid and Associates, Inc., 379 So. 2d 633, 640 (Fla. 1980).

A formal cream-colored definition card titled PUBLIC RECORD, with a gold wax seal in the lower right corner. — The definition in the statute sets the reach of the whole law.

How do Florida courts decide what counts as a public record?

Courts ask what the file is for. Does it keep, pass on, or set down what someone at the agency knows about its work? If so, it is a public record, even if it is not final.

No one needs to sign it, finish it, or approve it first. Only the Legislature can make an exception and keep a record out of public view. Wait v. Florida Power & Light Co., 372 So. 2d 420 (Fla. 1979).

That rule stops a common move. An agency may call a file a "working paper" or a "note" to keep it from you. The name it picks does not change what the law says.

For more on the test, see the official business test.

What types of public records are there?

Public records include far more than paper in a file box. Here are the kinds people ask for most. Each one is a public record when it ties to the agency's work.

Letters, memos, notes from a meeting, and reports.
Email, texts, and chat used to do the agency's work.
Photos, body cam clips, dash cam clips, and jail or street video.
Sound recordings, such as 911 calls, voice mail, and taped talks.
Maps, plans, permits, deeds, and court records held by the clerk.
Data in a spreadsheet or a database, plus the software that runs it.

The law also covers files that exist only in digital form. National Collegiate Athletic Ass'n v. Associated Press, 18 So. 3d 1201 (Fla. 1st DCA 2009). So a file on a server counts just as much as one in a drawer.

A four-drawer metal filing cabinet on the left and a dark server rack on the right, side by side at equal height. — Paper or database. The same rules apply under Chapter 119.

What is not a public record?

Are personal emails and texts covered?

Not if they have nothing to do with the agency's work. A worker's note to a friend about the game is not a public record, even on a work computer. State v. City of Clearwater, 863 So. 2d 149 (Fla. 2003).

The test turns on what the file says, not where it sits. A text on a private phone can be a public record if it does the work of the agency. O'Boyle v. Town of Gulf Stream, 257 So. 3d 1036 (Fla. 4th DCA 2018).

Are drafts and notes public records?

Florida has no rule that lets an agency hide work that is not yet done. Once a draft goes out to others for review or comment, it is a public record. A stamp that says "draft" does not change that.

There is a small gap in the rule. A worker may write a note just to help her own memory. If she never shows it to others, it may not be a record yet.

The court in Shevin left room for that kind of note. Agencies often stretch the gap too far, so ask what the note was for. Shevin, 379 So. 2d at 640.

What if no agency made or got the file?

Then it is not a public record. A private firm's own files are not public just because it has a deal with the state.

The law can reach a firm that acts on behalf of an agency, though. See which government agencies the law reaches.

Can an agency keep a public record from you?

The starting rule is public access. Any person may inspect a public record and get a copy (Section 119.07(1)(a), Fla. Stat.). The same right sits in the state constitution, at Article I, Section 24.

An agency may withhold a record only when a law passed by the Legislature says so. The law calls this an exemption. If the agency claims one, it must tell you which law it relies on (Section 119.07(1)(e), Fla. Stat.).

When only part of a record is exempt, the agency must redact that part. To redact means to black out. Then it must give you the rest (Section 119.07(1)(d), Fla. Stat.).

Many records that are exempt from disclosure hold personal information. Medical files are one example. The home addresses of police officers are another (Section 119.071(4)(d), Fla. Stat.).

What is the difference between exempt and confidential?

An exempt record is one the agency does not have to show you. It may still choose to show it. Williams v. City of Minneola, 575 So. 2d 683 (Fla. 5th DCA 1991).

A confidential record has a tighter lock. The agency may give it only to the people the law names. WFTV, Inc. v. School Board of Seminole County, 874 So. 2d 48 (Fla. 5th DCA 2004).

Courts read both kinds of rules in a narrow way, and the agency bears the burden to prove one fits. See how courts read exemptions.

How does a public records request work?

You do not need a form, and the law does not make you put your request in writing. Dade Aviation Consultants v. Knight Ridder, Inc., 800 So. 2d 302 (Fla. 3d DCA 2001). You can ask at the front desk, on the phone, or by email.

You also do not have to say why you want the record. "The motivation of the person seeking the records does not impact the person's right to see them." Curry v. State, 811 So. 2d 736, 742 (Fla. 4th DCA 2002).

Copies of public records cost money. An agency may charge up to 15 cents a page for most copies (Section 119.07(4)(a), Fla. Stat.).

It may add a staff fee only for "extensive clerical or supervisory assistance" (Section 119.07(4)(d), Fla. Stat.).

For the steps, see how to request public records in Florida. For email and texts, see emails as public records and texts as public records.

Why do public records matter?

Public records let you see what your government does with its power and your tax money. That open view is what people mean by transparency.

The state's top court has said officials "must conduct public business in the open." State ex rel. Clayton v. Board of Regents, 635 So. 2d 937 (Fla. 1994).

The court has also called the right a "cornerstone of our political culture." In re Report & Recommendations, 832 So. 2d 712, 713 (Fla. 2002).

The first fight in many disputes is over this one word. If a file is not a public record, none of the rest of the law helps you. So know the test well, and do not let a label win the fight.

Is a Florida public record the same as a record under FOIA?

No. FOIA is the federal Freedom of Information Act, and it covers U.S. agencies. A Florida city, county, school board, or state office answers to Chapter 119.

Many states have their own open records laws, and Florida's law has a wide reach. See why Florida's law is not FOIA.

The Attorney General publishes a guide to both of the state's open government laws. The Sunshine Law is the open meetings law, at Section 286.011.

People often use that name for both laws. The minutes of a public meeting are public records, so you can ask for them under Chapter 119.

Frequently asked questions

What is a public record in Florida, in one line?: It is any file a public agency makes or gets as part of its work, in any form. The law that says so is Section 119.011(12), Florida Statutes.
Do drafts count as public records?: Yes, once the draft goes out to others for review or comment. A label like "draft" does not change that. A note a worker keeps only for her own use may fall outside the law.
Is a text or email from a private phone a public record?: It can be. The test is what the text is about, not whose phone sent it. A text about the agency's work can be a public record, and a text about lunch is not.
Can an agency keep a public record from me?: Only if a law passed by the Legislature lets it. The agency has to name that law. If only part of a record is exempt, the agency blacks out that part and gives you the rest.
Do I need a form or a reason to ask for a public record?: No. The law does not make you use a form, write it down, or give a reason. You may ask in person, by phone, or by email.
If an agency deletes a record before I ask, is it gone?: Not always. Agencies must follow retention schedules, and early destruction can break the law. Copies may also sit on backups or with the people who got them.
Is a public record in Florida the same as one under FOIA?: No. The federal Freedom of Information Act covers U.S. agencies. Florida's own law, Chapter 119, covers state and local agencies, and its reach is broad.

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.