Wednesday, 16 October 2013

Florida Public Records

By Ben Kingsley


Pursuant to the Chapter 119 of the Florida Statute, all records of the government shall be made available to the public. This means that Florida public records are available for the public. These public records include papers, documents, books, audio, films, photographs and other media formats received or created by any government official in connection with the performance of their duties towards the public. Some public records information is exempted from the public access and will be redacted by the custodian before releasing the records to the person requesting the records. Confidential information is released only to the people who are nominated by the government; nevertheless, an agency is not restricted to disclose the records.

Anybody can access the records by making a request to Florida's "custodian of public records" either in writing or verbally. To make the request faster, one can opt for a verbal request by calling the Public Records division; however, a written request is favourable if the request is complex and details of the request are required. The Public Record Division is not compelled to answer the request within a timeframe. Nevertheless, the law states that the Office must respond within a reasonable time.

Chapter 119 states a certain fee that agencies should follow. The fee for a one-sided copy costs $.15 and a two-sided one costs $.20. On the other hand, $1 fee is required for certified copies. The agencies should not charge above the rates indicated though the agencies can charge and go above these fees indicated in certain instances. One is when the person who requested the records wants them in a different format. This can be in audio or CD format. If the agency has such in their records, they can make a copy and charge the cost to the person requesting the records. Another is when one requires a different set of records such as court records, aerial photos, crash or homicide reports and maps of counties. For records that would require extensive searches, the cost of the search will be charged to the person requesting the record. The cost estimate will be relayed to the latter and might need some deposit.

In certain instances, the Custodian of Public Records would deny a request and would send the reason why the request was denied. In this instance, one can approach the Office of the General to request for a review of the denied request, file a complaint with the state attorney or file a Writ of Mandamus.

For those who are interested to access several government public records, the internet provides several options to make the searches easier. Some counties now make the records online and available to the public. Another is to check a third party site that offers public records free or for a small amount. Either way, checking online can help one to obtain the necessary information that they want as well as have them delivered at one's convenience.




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