The public records law in Florida gives people the right to access government records. But there are a lot of rules and exceptions that make it complicated. Recently, there have been a lot of lawsuits about this, and it’s been hard for government agencies to follow the law. Some people have been taking advantage of this for their own benefit. The government is trying to find ways to fix this, like making new laws or training their employees better. One big issue right now is about how much money lawyers can get in these cases. Overall, the goal is to balance the right to access public records with preventing abuses of the law. Every person has the right to ask for public records from government agencies. A public record can be anything related to the official business of a public agency, like documents, emails, or photos. Public agencies include government organizations and private companies working for the government. If a request for public records is denied, there are options to enforce compliance, like seeking mediation or filing a lawsuit.
Case Study:
A man asked to see the visitor’s log at a jail, which is a public record. The jail attendant broke the law by asking for the man’s ID and the reason for his request. The man filed a lawsuit, and the court found a violation and ordered the jail to pay the man’s legal fees. This case shows how easy it is to win a lawsuit for public records violations.
In simpler words: Anyone can ask for public records from the government, and agencies have to give them to you. If they don’t, you have options to make them comply. Government contractors can sometimes get in trouble for not providing public records when they’re asked for them. This used to be a big problem because people could sue the contractor if they didn’t provide the records. The government tried to fix this by adding rules to contracts, but it didn’t really solve the problem for the contractors. They still felt like it wasn’t fair and they were at risk of getting in trouble for something they didn’t understand. In 2016, H.B. 273 made it easier for private companies to handle public records requests. The law now requires requests to be made directly to the government agency, not the private contractor. If the contractor complies with the request within eight business days after being notified, they won’t be responsible for any costs or attorney fees. This change was a big win for government contractors, and will likely result in fewer lawsuits against them. The law also says that if a lawsuit is filed against an agency for not allowing access to public records, the agency will have to pay the costs and attorney fees if the court decides they unlawfully refused access. This fee-shifting provision is meant to enforce the public’s right to access public records. However, it has led to challenges in court and efforts to limit attorney fees. In 2015, a bill called S.B. 224 tried to solve fee arguments by suggesting a rule that people had to give a notice five days before they sued someone. The bill didn’t pass because it would have affected all lawsuits, not just ones involving government contractors. In 2016, the notice rule was split into two bills. One passed easily, but the other had a harder time because people were worried it would make it harder to get public records. Florida tried to change the rules for awarding attorneys’ fees in public records lawsuits, but the bill ultimately failed. The courts later decided that there doesn’t need to be a showing of good faith by the public agency to award attorneys’ fees, meaning that individuals can still sue to get access to public records without having to prove that the agency acted unreasonably or in bad faith. Public records law requires government agencies to provide access to public records, but this can be costly and time-consuming for them. Some people may abuse the law for personal gain, but it’s important to find a balance between protecting public access and preventing abuse of the system. If you send a text or use social media for official business, those messages might be public records. The law requires government agencies to provide those records when asked. If they don’t, there can be fines and they might have to pay for the legal costs. Requests for these records have to be handled quickly, and there’s a special process for resolving disputes without going to court. If the agency takes too long to provide the records, they could still have to pay for legal costs, even if they eventually provide the records. People in Florida have been filing a lot of lawsuits against companies and government agencies for not following public records laws. Some say this is just a way for people to make money. The state government has passed some laws to try to stop this, but some people think these laws are actually making it harder for the public to get access to records. A bill regarding public records passed the Senate but not the House. Three new bills have been filed for the 2017 legislative session. Courts previously required a showing of unreasonable or bad faith behavior by a public agency, but a recent court decision changed that. Sarah Taitt, an attorney, specializes in land use and real estate issues. This information was provided by the City, County and Local Government Law Section.
Source: https://www.floridabar.org/the-florida-bar-journal/florida-public-records-law-the-battle-over-attorneys-fees/
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