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FL S1434

FL S1434
Public Records


summary

Introduced
02/26/2025
In Committee
03/06/2025
Crossed Over
Passed
Dead
06/16/2025

Introduced Session

2025 Regular Session

Bill Summary

An act relating to public records; amending s. 119.011, F.S.; revising the definition of the term “actual cost of duplication”; amending s. 119.07, F.S.; providing that it is a violation of ch. 119, F.S., to fail to acknowledge a public record request promptly and in good faith; requiring that custodians of public records perform specified actions within a specified timeframe; prohibiting the agency from imposing costs or fees if the custodian fails to take such actions in the required timeframe; requiring custodians to state in writing certain justifications and citations; prohibiting an agency from asserting that a record was exempt or confidential and exempt under specified circumstances; providing that an agency may not assert certain justifications under specified circumstances; deleting provisions authorizing a fee for accessing a public record electronically under a contractual agreement; prohibiting agencies from charging for specified public records requests; defining the term “any electronic medium stored, maintained, or used by an agency”; requiring agencies to provide public records requests in specified formats; authorizing agencies to charge a fee for such provision; providing for the reduction or waiver of fees under specified conditions; requiring that such reductions and waivers be applied uniformly; prohibiting an agency from charging for a certain timeframe under specified conditions; requiring that a written, detailed cost estimate be provided upon request to persons seeking to inspect or copy a public record; declaring that an agency is not authorized to charge fees for redaction of certain records; amending s. 119.10, F.S.; providing that violations of any law providing access to public records is a violation of ch. 119, F.S.; providing a civil penalty for persons who violate provisions related to accessing public records; providing criminal penalties for persons outside this state who knowingly violate specified provisions; requiring courts to assess specified penalties if the court makes certain determinations; amending s. 119.12, F.S.; requiring that the court assess and award against agencies certain costs and fees; requiring that certain fees be assessed against an agency under certain conditions; authorizing agency reimbursement of attorney fees and costs under specified conditions; amending s. 119.15, F.S.; requiring that certain provisions authorizing a public records exemption be repealed after a specified timeframe unless the Legislature reenacts the exemption; amending s. 921.0022, F.S.; conforming provisions to changes made by the act; providing an effective date.

AI Summary

This bill updates Florida's public records law to provide more clarity and stronger enforcement mechanisms for public records requests. The bill revises the definition of "actual cost of duplication" to include agency resource costs, such as clerical assistance and information technology expenses, while prohibiting overhead cost charges. It mandates that public agencies must acknowledge public records requests promptly and in good faith, responding within three business days by either providing the records, estimating completion time and costs, or denying the request with a specific statutory exemption. The bill introduces penalties for agencies that fail to comply, including prohibiting cost assessments if they do not respond within the specified timeframe. Additionally, the bill strengthens provisions around fee assessment, requiring uniform fee reductions or waivers for public purposes, prohibiting charges for previously disclosed records, and preventing agencies from charging for redaction of exempt information. The legislation also enhances legal remedies for requesters, allowing courts to assess penalties against agencies that intentionally disregard public records laws, and provides mechanisms for recovering attorney fees. The bill aims to improve transparency and accountability in public records access by creating more specific guidelines and consequences for non-compliance.

Sponsors (1)

Last Action

Died in Governmental Oversight and Accountability (on 06/16/2025)

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