FREQUENTLY ASKED QUESTIONS

Question:

Is there a fee associated with a public records request? 

Answer:

Section 119.07(4)(a)1, FS, states if the law does not prescribe a fee, the agency is allowed to charge up to 15 cents per one-sided copy for copies that are 14" x 8 1/2" or less. A charge of up to $1 per copy may be assessed for a certified copy of a public record. If the nature and volume of the records to be copied requires extensive use of information technology resources or extensive clerical or supervisory assistance, or both, the agency may charge a reasonable service charge based on the actual cost incurred.  The agency may require a reasonable deposit or advance payment.

Question:

What if the requested record is exempt from inspection?

Answer:

Section 119.07(1), FS, states a custodian of a public record who contends that the record or part of a record is exempt from inspection must state the basis for that exemption, including the statutory citation. Additionally, when asked, the custodian must state in writing the reasons for concluding the record is exempt.

Question:

The following are some of the most commonly encountered exemptions: 119.071 FS

Answer:

• Sealed bids, proposals, or replies, until notice of an intended decision or 30 days after opening.
• A public record that was prepared by an agency attorney (including an attorney employed or retained by the agency or employed or retained by another public officer or agency to protect or represent the interests of the agency having custody of the record) or prepared at the attorney's express direction, that reflects a mental impression, conclusion, litigation strategy, or legal theory of the attorney or the agency, and that was prepared exclusively for civil or criminal litigation or for adversarial administrative proceedings, or that was prepared in anticipation of imminent civil or criminal litigation or imminent adversarial administrative proceedings, until conclusion of the litigation or administrative proceedings.
• Records, information, photographs, audio and visual presentations, schematic diagrams, surveys, recommendations, or consultations or portions thereof relating directly to the physical security of a facility or revealing security systems
• The social security numbers of all current and former employees which numbers are held by the employer are confidential
• Medical information pertaining to a prospective, current, or former officer or employee, which, if disclosed, would identify that officer or employee is exempt
• Personal identifying information of a dependent child of a current or former officer or employee, which dependent child is insured by a group insurance plan
• Any information revealing undercover personnel of criminal justice
• The home addresses, telephone numbers, social security numbers, and photographs of active or former law enforcement personnel; the home addresses, telephone numbers, photographs, and places of employment of the spouses and children of such personnel; and the names and locations of schools and day care facilities attended by the children of such personnel.
• The home addresses, telephone numbers, and photographs of firefighters certified in compliance with s. 633.35; the home addresses, telephone numbers, photographs, and places of employment of the spouses and children of such firefighters; and the names and locations of schools and day care facilities attended by the children of such firefighters
• The home addresses, telephone numbers, and photographs of current or former human resource, labor relations, or employee relations directors, assistant directors, managers, or assistant managers of any local government agency or water management district whose duties include hiring and firing employees, labor contract negotiation, administration, or other personnel-related duties; the names, home addresses, telephone numbers, and places of employment of the spouses and children of such personnel; and the names and locations of schools and day care facilities attended by the children of such personnel
• The home addresses, telephone numbers, and photographs of current or former code enforcement officers; the names, home addresses, telephone numbers, and places of employment of the spouses and children of such personnel; and the names and locations of schools and day care facilities attended by the children of such personnel
• The audit report of an internal auditor prepared for or on behalf of a unit of local government becomes public record when the audit becomes final
• Any data, record, or document used directly or solely by a municipally owned utility to prepare and submit a bid relative to the sale, distribution, or use of any service, commodity, or tangible personal property to any customer or prospective customer
• Active criminal investigative information and intelligence
• Other exemptions may apply in specific circumstances