summary
Introduced
11/17/2025
11/17/2025
In Committee
03/04/2026
03/04/2026
Crossed Over
03/04/2026
03/04/2026
Passed
Dead
Introduced Session
2026 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 records request promptly and respond to such request in good faith; requiring a custodian of public records to perform specified actions within a specified timeframe; prohibiting an agency from imposing costs or fees if the custodian fails to take such actions in the required timeframe; requiring a custodian 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; prohibiting an agency from asserting certain justifications under specified circumstances; removing provisions authorizing a fee for accessing a public record electronically under a contractual agreement; defining the term "any electronic medium stored, maintained, or used by an agency"; requiring an agency to provide public records requests in specified formats; authorizing an agency to charge a fee for such provision; prohibiting an agency from charging certain costs or fees for specified public hb437-01-c1 records requests; providing for the reduction or waiver of fees under specified conditions; requiring a written, detailed cost estimate to be provided upon request to persons seeking to inspect or copy a public record; prohibiting an agency from charging fees for review and redaction of certain records; amending s. 119.10, F.S.; providing that a violation of any law that provides access to public records is a violation of ch. 119, F.S.; providing a civil penalty for a person who violates provisions relating to accessing public records; providing criminal penalties for a person outside this state who knowingly violates such provisions; requiring the court to assess specified penalties if it makes certain determinations; amending s. 119.12, F.S.; requiring the court to assess and award against the agency certain costs and fees; removing a provision exempting a complainant from providing certain written notice; authorizing agency reimbursement of attorney fees under specified conditions; repealing s. 282.711, F.S., relating to remote electronic access services, to conform to changes made by the act; amending s. 921.0022, F.S.; conforming a provision to changes made by the act; providing an effective date. hb437-01-c1
AI Summary
This bill strengthens public access to government records by clarifying the definition of "actual cost of duplication" to include agency resources like staff time and IT, while prohibiting overhead costs. It mandates that government agencies promptly acknowledge and respond in good faith to public records requests within three business days, or they cannot charge fees for the records. Agencies must now provide written justifications and cite specific laws when denying access or claiming a record is exempt, and they cannot introduce new exemptions or justifications in court that weren't previously stated. The bill also removes fees for accessing public records electronically under contractual agreements and requires agencies to provide records in specified formats, though they can charge a fee for this service, with exceptions for requests that take less than 30 minutes to fulfill or for records previously disclosed. It introduces a new definition for "any electronic medium stored, maintained, or used by an agency" and allows for fee reductions or waivers for public interest purposes, including waiving the first 10 hours of cost for certain requests. Agencies are prohibited from charging for the review and redaction of exempt information, and must provide a written cost estimate upon request. Violations of public records laws are now explicitly considered violations of Chapter 119, with civil penalties for agencies that unlawfully deny access or delay records, and criminal penalties for those outside the state who knowingly violate these provisions. Furthermore, courts are required to award attorney fees and costs against agencies that unlawfully deny access to public records, and agencies may reimburse individuals for attorney fees if they are acquitted of a violation. Finally, the bill repeals a section related to remote electronic access services and makes conforming changes to the criminal punishment code.
Committee Categories
Budget and Finance, Government Affairs, Justice
Sponsors (3)
Other Sponsors (1)
Government Operations Subcommittee (House)
Last Action
Received (on 03/04/2026)
Official Document
bill text
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bill summary
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bill summary
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