H 437

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1A bill to be entitled
2An act relating to public records; amending s.
3119.011, F.S.; revising the definition of the term
4"actual cost of duplication"; amending s. 119.07,
5F.S.; providing that it is a violation of ch. 119,
6F.S., to fail to acknowledge a public records request
7promptly and respond to such request in good faith;
8requiring a custodian of public records to perform
9specified actions within a specified timeframe;
10prohibiting an agency from imposing costs or fees if
11the custodian fails to take such actions in the
12required timeframe; requiring a custodian to state in
13writing certain justifications and citations;
14prohibiting an agency from asserting that a record was
15exempt or confidential and exempt under specified
16circumstances; prohibiting an agency from asserting
17certain justifications under specified circumstances;
18removing provisions authorizing a fee for accessing a
19public record electronically under a contractual
20agreement; defining the term "any electronic medium
21stored, maintained, or used by an agency"; requiring
22an agency to provide public records requests in
23specified formats; authorizing an agency to charge a
24fee for such provision; prohibiting an agency from
25charging certain costs or fees for specified public
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26records requests; providing for the reduction or
27waiver of fees under specified conditions; requiring a
28written, detailed cost estimate to be provided upon
29request to persons seeking to inspect or copy a public
30record; prohibiting an agency from charging fees for
31review and redaction of certain records; amending s.
32119.10, F.S.; providing that a violation of any law
33that provides access to public records is a violation
34of ch. 119, F.S.; providing a civil penalty for a
35person who violates provisions relating to accessing
36public records; providing criminal penalties for a
37person outside this state who knowingly violates such
38provisions; requiring the court to assess specified
39penalties if it makes certain determinations; amending
40s. 119.12, F.S.; requiring the court to assess and
41award against the agency certain costs and fees;
42removing a provision exempting a complainant from
43providing certain written notice; authorizing agency
44reimbursement of attorney fees under specified
45conditions; repealing s. 282.711, F.S., relating to
46remote electronic access services, to conform to
47changes made by the act; amending s. 921.0022, F.S.;
48conforming a provision to changes made by the act;
49providing an effective date.
50
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51    Be It Enacted by the Legislature of the State of Florida:
52
53Section 1.  Subsection (1) of section 119.011, Florida
54    Statutes, is amended to read:
55119.011       Definitions.—As used in this chapter, the term:
56(1)     "Actual cost of duplication" means the cost of the
57    material and supplies used to duplicate the public record. The
58    term includes the cost of agency resources, including the cost
59    of clerical and supervisory assistance and costs incurred for
60    the use of agency information technology associated with such
61    duplication which are incurred by the agency in complying with a
62    request for public records. The cost of clerical or supervisory
63    assistance may not be greater than the base hourly rate of the
64    lowest paid personnel capable of providing such clerical or
65    supervisory assistance. The term does not include overhead costs
66    associated with duplication of a public record, but does not
67    include labor cost or overhead cost associated with such
68    duplication.
69Section 2.  Paragraphs (c), (f), and (g) of subsection (1),
70    paragraph (c) of subsection (2), paragraph (d) of subsection
71    (3), and subsection (4) of section 119.07, Florida Statutes, are
72    amended to read:
73119.07       Inspection and copying of records; photographing
74    public records; fees; exemptions.—
75(1)
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76(c)1.       A custodian of public records and his or her
77     designee must acknowledge requests to inspect or copy records
78     promptly and respond to such requests in good faith. A good
79     faith response includes making reasonable efforts to determine
80     from other officers or employees within the agency whether such
81     a record exists and, if so, the location at which the record can
82     be accessed. Failure to acknowledge a public records request
83     promptly and respond to such request in good faith is a
84     violation of this chapter.
852.a.        No later than 3 business days after receiving a
86     public records request, a custodian of public records must:
87(I)     Provide the requested records;
88(II)        Provide the requester a good faith estimate of a
89     reasonable amount of time in which the custodian will provide
90     the records and a good faith estimate of any costs that will be
91     assessed for complying with the request; or
92(III)        To the extent any records request, or any portion
93     thereof, is denied, deny the request, in whole or in part, and
94     cite the statutory exemption authorizing the denial as provided
95     in paragraphs (e) and (f).
96b.      If the custodian of public records fails to take any of
97     the actions described in sub-subparagraph a. within 3 business
98     days after receiving the public records request, the agency may
99     not impose costs or fees for providing the requested public
100    record.
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101c.      Notwithstanding sub-subparagraph a., there is no
102    presumption in any civil action brought to enforce a requester's
103    right to inspect or copy public records that a request was not
104    unlawfully delayed because an agency complied with sub-
105    subparagraph a.
106(f)      If requested by the person seeking to inspect or copy
107    the record, the custodian of public records shall state in
108    writing and with particularity:
1091.      The reasons for taking more than 15 days to provide the
110    requested record; or
1112.      The reasons for the conclusion that the record is
112    exempt or confidential, including all statutory citations relied
113    upon in determining that the record is exempt or confidential.
114(g)1.       In any civil action in which an exemption to this
115    section is asserted, if the exemption is alleged to exist under
116    or by virtue of s. 119.071(1)(d) or (f), (2)(d), (e), or (f), or
117    (4)(c), the public record or part thereof in question shall be
118    submitted to the court for an inspection in camera. If an
119    exemption is alleged to exist under or by virtue of s.
120    119.071(2)(c), an inspection in camera is discretionary with the
121    court. If the court finds that the asserted exemption is not
122    applicable, it shall order the public record or part thereof in
123    question to be immediately produced for inspection or copying as
124    requested by the person seeking such access.
1252.      In any civil action brought by a requester to enforce
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126    the right to public records, an agency may not assert any
127    exemption or justification for not providing the public records
128    requested which it has not previously raised in a written
129    response to the requester before the civil action was filed to
130    justify the agency's nondisclosure or delay in providing the
131    public records requested.
1323.      In any civil action brought by a requester alleging
133    that an agency unlawfully delayed providing public records, a
134    public records request backlog or other unfulfilled public
135    records requests to the agency is not deemed a justification, in
136    whole or in part, for the alleged delay.
137(2)
138(c)      Unless otherwise required by law, the custodian of
139    public records may charge a fee for remote electronic access,
140    granted under a contractual arrangement with a user, which fee
141    may include the direct and indirect costs of providing such
142    access. Fees for remote electronic access provided to the
143    general public shall be in accordance with the provisions of
144    this section.
145(3)
146(d)      Photographing of public records shall be done in the
147    room where the public records are kept. If, in the judgment of
148    the custodian of public records, this is impossible or
149    impracticable, photographing shall be done in another room or
150    place, as nearly adjacent as possible to the room where the
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151    public records are kept, to be determined by the custodian of
152    public records. Where provision of another room or place for
153    photographing is required, the expense of providing the same
154    shall be paid by the person desiring to photograph the public
155    record pursuant to paragraph (4)(h) (4)(e).
156(4)      The custodian of public records shall furnish a copy
157    or a certified copy of the record upon payment of the fee
158    prescribed by law.
159(a)     If a fee is not prescribed by law, the following fees
160    are authorized:
161(a)
1621.      Up to 15 cents per one-sided copy for duplicated copies
163    of not more than 14 inches by 8 1/2 inches;
1642.      No more than an additional 5 cents for each two-sided
165    copy; and
1663.      For all other copies, the actual cost of duplication of
167    the public record.
168
169    If the nature or volume of the public records requested to be
170    inspected or copied is such that they require less than 30
171    minutes to prepare, the agency may not charge the actual cost of
172    duplication or any other costs or fees to the requester.
173(b)1.       For purposes of this paragraph, the term "any
174    electronic medium stored, maintained, or used by an agency"
175    means any electronic format that the agency can reasonably
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176    provide as part of the standard operation of its electronic
177    recordkeeping system. If an agency is able to convert the record
178    into the electronic format requested as a step in the process of
179    copying or exporting the requested record, the agency must
180    provide the record in the format requested and may charge a fee
181    authorized by this subsection.
1822.      For a copy of a public record in any electronic medium
183    stored, maintained, or used by an agency, the actual cost of
184    duplication. However, if the nature or volume of the public
185    records requested to be duplicated is such that such duplication
186    requires less than 30 minutes, the agency may not charge the
187    actual cost of duplication or any other costs or fees to the
188    requester.
1893.      An agency may not charge a requester the actual cost of
190    duplication or any other cost or fee for providing any public
191    record that has been previously disclosed under another public
192    records request made to that agency.
193(c)(b)       The charge for copies of county maps or aerial
194    photographs supplied by county constitutional officers may also
195    include a reasonable charge for the labor and overhead
196    associated with their duplication.
197(d)(c)       An agency may charge up to $1 per copy for a
198    certified copy of a public record.
199(e)      All fees authorized under this subsection may be
200    reduced or waived in full, or in part, for a public purpose,
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201    including public agency program support, nonprofit activities,
202    journalistic activities, and academic or other research. For a
203    public records request meeting the public purposes provided in
204    this paragraph, an agency may not charge the requester any cost
205    or fee for the first 10 hours of time the agency estimates it
206    would take to comply with the request.
207(f)     If requested by the person seeking to inspect or copy
208    the record, the custodian of public records must provide the
209    person a written, detailed estimate of all costs associated with
210    the request sufficient to permit the person to assess the
211    lawfulness of the estimate.
212(g)     An agency may not charge a fee for costs associated
213    with review and redaction of exempt or confidential and exempt
214    information from a public record that has been requested to be
215    inspected or copied.
216(d)     If the nature or volume of public records requested to
217    be inspected or copied pursuant to this subsection is such as to
218    require extensive use of information technology resources or
219    extensive clerical or supervisory assistance by personnel of the
220    agency involved, or both, the agency may charge, in addition to
221    the actual cost of duplication, a special service charge, which
222    shall be reasonable and shall be based on the cost incurred for
223    such extensive use of information technology resources or the
224    labor cost of the personnel providing the service that is
225    actually incurred by the agency or attributable to the agency
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226    for the clerical and supervisory assistance required, or both.
227(h)(e)1.  When Where provision of another room or place is
228    necessary to photograph public records, the expense of providing
229    the same must shall be paid by the person desiring to photograph
230    the public records.
2312.      The custodian of public records may charge the person
232    making the photographs for supervision services at a rate of
233    compensation to be agreed upon by the person desiring to make
234    the photographs and the custodian of public records. If they
235    fail to agree as to the appropriate charge, the charge shall be
236    determined by the custodian of public records.
237Section 3.  Section 119.10, Florida Statutes, is amended to
238    read:
239(Substantial rewording of section. See
240s. 119.10, F.S., for present text.)
241119.10       Violation of chapter; penalties.—
242(1)      A violation of any law that provides access to public
243    records, including those laws that limit public access to such
244    records, is a violation of this chapter.
245(2)      A person who violates this section commits a
246    noncriminal infraction, punishable by a fine not to exceed $500.
247(3)      A person who willfully and knowingly violates this
248    chapter commits a misdemeanor of the first degree, punishable as
249    provided in s. 775.082 or s. 775.083.
250(4)      A person outside this state who knowingly violates
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251    this chapter commits a misdemeanor of the first degree,
252    punishable as provided in s. 775.082 or s. 775.083.
253(5)     A court must assess a penalty against the agency
254    payable to the requester in an amount equal to twice the amount
255    awarded pursuant to s. 119.12, in addition to a penalty of $200
256    for each day the agency unlawfully denied the right to inspect
257    or copy the public records, if the court determines that an
258    agency has:
259(a)     Violated s. 119.07(1); and
260(b)     Shown intentional disregard for the public's
261    constitutional right of access under s. 24(a), Art. I of the
262    State Constitution; or
263(c)     Engaged in a pattern or practice of abuse of the
264    requirements of this chapter.
265Section 4.  Section 119.12, Florida Statutes, is amended to
266    read:
267119.12       Attorney fees.—
268(1)     The court must assess and award against the agency
269    responsible the reasonable costs of enforcement, including
270    reasonable attorney fees and costs incurred in litigation, if:
271(a)     A civil action is filed against an agency to seek
272    access to records under enforce the provisions of this chapter
273    or any other law that relates to access to public records.
274(b)     The court determines that such agency violated such
275    law.
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276(2)     Fees assessed pursuant to this section may not be
277    assessed against a person acting on the advice of an agency
278    attorney but must be assessed against the agency., the court
279    shall assess and award the reasonable costs of enforcement,
280    including reasonable attorney fees, against the responsible
281    agency if the court determines that:
282(a)     The agency unlawfully refused to permit a public
283    record to be inspected or copied; and
284(b)     The complainant provided written notice identifying
285    the public record request to the agency's custodian of public
286    records at least 5 business days before filing the civil action,
287    except as provided under subsection (2). The notice period
288    begins on the day the written notice of the request is received
289    by the custodian of public records, excluding Saturday, Sunday,
290    and legal holidays, and runs until 5 business days have elapsed.
291(2)     The complainant is not required to provide written
292    notice of the public record request to the agency's custodian of
293    public records as provided in paragraph (1)(b) if the agency
294    does not prominently post the contact information for the
295    agency's custodian of public records in the agency's primary
296    administrative building in which public records are routinely
297    created, sent, received, maintained, and requested and on the
298    agency's website, if the agency has a website.
299(3)     The court shall determine whether the complainant
300    requested to inspect or copy a public record or participated in
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301    the civil action for an improper purpose. If the court
302    determines there was an improper purpose, the court may not
303    assess and award the reasonable costs of enforcement, including
304    reasonable attorney fees, to the complainant, and shall assess
305    and award against the complainant and to the agency the
306    reasonable costs, including reasonable attorney fees, incurred
307    by the agency in responding to the civil action. For purposes of
308    this subsection, the term "improper purpose" means a request to
309    inspect or copy a public record or to participate in the civil
310    action primarily to cause a violation of this chapter or for a
311    frivolous purpose.
312(4)     This section does not create a private right of action
313    authorizing the award of monetary damages for a person who
314    brings an action to enforce the provisions of this chapter.
315    Payments by the responsible agency may include only the
316    reasonable costs of enforcement, including reasonable attorney
317    fees, directly attributable to a civil action brought to enforce
318    the provisions of this chapter.
319(5)     If a person is charged with a violation of this
320    chapter and is subsequently acquitted, the agency may reimburse
321    the person for any portion of his or her reasonable attorney
322    fees.
323Section 5.  Section 282.711, Florida Statutes, is repealed.
324Section 6.  Paragraph (c) of subsection (3) of section
325    921.0022, Florida Statutes, is amended to read:
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326921.0022  Criminal Punishment Code; offense severity
327    ranking chart.—
328(3)     OFFENSE SEVERITY RANKING CHART
329(c)     LEVEL 3
330
  Florida  Felony
  Statute  Degree  Description
331
  119.10(2)(b)  3rd      Unlawful use of confidential
  information from police
  reports.
332
316.0663rd      Unlawfully obtaining or using
  (3)(b)-(d)  confidential crash reports.
333
  316.193(2)(b)  3rd      Felony DUI, 3rd conviction.
334
  316.1935(2)  3rd      Fleeing or attempting to elude
  law enforcement officer in
  patrol vehicle with siren and
  lights activated.
335
  319.30(4)  3rd      Possession by junkyard of motor
  vehicle with identification
  number plate removed.
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336
  319.33(1)(a)  3rd       Alter or forge any certificate
  of title to a motor vehicle or
  mobile home.
337
  319.33(1)(c)  3rd       Procure or pass title on stolen
  vehicle.
338
  319.33(4)  3rd       With intent to defraud,
  possess, sell, etc., a blank,
  forged, or unlawfully obtained
  title or registration.
339
  327.35(2)(b)  3rd       Felony BUI.
340
  328.05(2)  3rd       Possess, sell, or counterfeit
  fictitious, stolen, or
  fraudulent titles or bills of
  sale of vessels.
341
  328.07(4)  3rd       Manufacture, exchange, or
  possess vessel with counterfeit
  or wrong ID number.
342
  376.302(5)  3rd       Fraud related to reimbursement
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  for cleanup expenses under the
  Inland Protection Trust Fund.
343
  379.2431  3rd       Taking, disturbing, mutilating,
  (1)(e)5.  destroying, causing to be
  destroyed, transferring,
  selling, offering to sell,
  molesting, or harassing marine
  turtles, marine turtle eggs, or
  marine turtle nests in
  violation of the Marine Turtle
  Protection Act.
344
  379.2431  3rd       Possessing any marine turtle
  (1)(e)6.  species or hatchling, or parts
  thereof, or the nest of any
  marine turtle species described
  in the Marine Turtle Protection
  Act.
345
  379.2431  3rd       Soliciting to commit or
  (1)(e)7.  conspiring to commit a
  violation of the Marine Turtle
  Protection Act.
346
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  400.9935(4)(a)  3rd       Operating a clinic, or offering
  or (b)  services requiring licensure,
  without a license.
347
  400.9935(4)(e)  3rd       Filing a false license
  application or other required
  information or failing to
  report information.
348
  440.1051(3)  3rd       False report of workers'
  compensation fraud or
  retaliation for making such a
  report.
349
  501.001(2)(b)  2nd       Tampers with a consumer product
  or the container using
  materially false/misleading
  information.
350
  624.401(4)(a)  3rd       Transacting insurance without a
  certificate of authority.
351
  624.401(4)(b)1.  3rd       Transacting insurance without a
  certificate of authority;
  premium collected less than
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  $20,000.
352
  626.902(1)(a) &  3rd       Representing an unauthorized
  (b)  insurer.
353
697.083rd       Equity skimming.
354
  790.15(3)  3rd       Person directs another to
  discharge firearm from a
  vehicle.
355
794.0533rd       Lewd or lascivious written
  solicitation of a person 16 or
  17 years of age by a person 24
  years of age or older.
356
  800.045(3)  3rd       Possess, control, or
  intentionally view any
  photographic material, motion
  picture, etc., which includes a
  lewd or lascivious image.
357
  806.10(1)  3rd       Maliciously injure, destroy, or
  interfere with vehicles or
  equipment used in firefighting.
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358
  806.10(2)  3rd       Interferes with or assaults
  firefighter in performance of
  duty.
359
  810.09(2)(b)  3rd       Trespass on property other than
  structure or conveyance armed
  with firearm or dangerous
  weapon.
360
  810.145(2)(c)  3rd       Digital voyeurism; 19 years of
  age or older.
361
  812.014(2)(c)2.  3rd       Grand theft; $5,000 or more but
  less than $10,000.
362
  812.0145(2)(c)  3rd       Theft from person 65 years of
  age or older; $300 or more but
  less than $10,000.
363
  812.015(8)(b)  3rd       Retail theft with intent to
  sell; conspires with others.
364
  812.081(2)  3rd       Theft of a trade secret.
365
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  815.04(4)(b)  2nd       Computer offense devised to
  defraud or obtain property.
366
  817.034(4)(a)3.  3rd       Engages in scheme to defraud
  (Florida Communications Fraud
  Act), property valued at less
  than $20,000.
367
817.2333rd       Burning to defraud insurer.
368
817.2343rd       Unlawful solicitation of
  (8)(b) & (c)  persons involved in motor
  vehicle accidents.
369
  817.234(11)(a)  3rd       Insurance fraud; property value
  less than $20,000.
370
817.2363rd       Filing a false motor vehicle
  insurance application.
371
  817.2361  3rd       Creating, marketing, or
  presenting a false or
  fraudulent motor vehicle
  insurance card.
372
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  817.413(2)  3rd       Sale of used goods of $1,000 or
  more as new.
373
  817.49(2)(b)1.  3rd       Willful making of a false
  report of a crime causing great
  bodily harm, permanent
  disfigurement, or permanent
  disability.
374
  831.28(2)(a)  3rd       Counterfeiting a payment
  instrument with intent to
  defraud or possessing a
  counterfeit payment instrument
  with intent to defraud.
375
831.292nd       Possession of instruments for
  counterfeiting driver licenses
  or identification cards.
376
  836.13(2)  3rd       Generating an altered sexual
  depiction of an identifiable
  person without consent.
377
  836.13(4)  3rd       Promoting, or possessing with
  intent to promote, an altered
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  sexual depiction of an
  identifiable person without
  consent.
378
  838.021(3)(b)  3rd       Threatens unlawful harm to
  public servant.
379
  847.01385  3rd       Harmful communication to a
  minor.
380
  860.15(3)  3rd       Overcharging for repairs and
  parts.
381
  870.01(2)  3rd       Riot.
382
  870.01(4)  3rd       Inciting a riot.
383
  893.13(1)(a)2.  3rd       Sell, manufacture, or deliver
  cannabis (or other s.
  893.03(1)(c), (2)(c)1.,
  (2)(c)2., (2)(c)3., (2)(c)6.,
  (2)(c)7., (2)(c)8., (2)(c)9.,
  (2)(c)10., (3), or (4) drugs).
384
  893.13(1)(d)2.  2nd       Sell, manufacture, or deliver
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  s. 893.03(1)(c), (2)(c)1.,
  (2)(c)2., (2)(c)3., (2)(c)6.,
  (2)(c)7., (2)(c)8., (2)(c)9.,
  (2)(c)10., (3), or (4) drugs
  within 1,000 feet of
  university.
385
  893.13(1)(f)2.  2nd       Sell, manufacture, or deliver
  s. 893.03(1)(c), (2)(c)1.,
  (2)(c)2., (2)(c)3., (2)(c)6.,
  (2)(c)7., (2)(c)8., (2)(c)9.,
  (2)(c)10., (3), or (4) drugs
  within 1,000 feet of public
  housing facility.
386
  893.13(4)(c)  3rd       Use or hire of minor; deliver
  to minor other controlled
  substances.
387
  893.13(6)(a)  3rd       Possession of any controlled
  substance other than felony
  possession of cannabis.
388
  893.13(7)(a)8.  3rd       Withhold information from
  practitioner regarding previous
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  receipt of or prescription for
  a controlled substance.
389
  893.13(7)(a)9.  3rd       Obtain or attempt to obtain
  controlled substance by fraud,
  forgery, misrepresentation,
  etc.
390
  893.13(7)(a)10.  3rd       Affix false or forged label to
  package of controlled
  substance.
391
  893.13(7)(a)11.  3rd       Furnish false or fraudulent
  material information on any
  document or record required by
  chapter 893.
392
  893.13(8)(a)1.  3rd       Knowingly assist a patient,
  other person, or owner of an
  animal in obtaining a
  controlled substance through
  deceptive, untrue, or
  fraudulent representations in
  or related to the
  practitioner's practice.
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393
  893.13(8)(a)2.  3rd       Employ a trick or scheme in the
  practitioner's practice to
  assist a patient, other person,
  or owner of an animal in
  obtaining a controlled
  substance.
394
  893.13(8)(a)3.  3rd       Knowingly write a prescription
  for a controlled substance for
  a fictitious person.
395
  893.13(8)(a)4.  3rd       Write a prescription for a
  controlled substance for a
  patient, other person, or an
  animal if the sole purpose of
  writing the prescription is a
  monetary benefit for the
  practitioner.
396
  918.13(1)  3rd       Tampering with or fabricating
  physical evidence.
397
944.473rd       Introduce contraband to
  (1)(a)1. & 2.  correctional facility.
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398
  944.47(1)(c)  2nd       Possess contraband while upon
  the grounds of a correctional
  institution.
399
985.7213rd       Escapes from a juvenile
  facility (secure detention or
  residential commitment
  facility).
400
401Section 7.  This act shall take effect July 1, 2026.
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