The Florida Public Records Act in the Era of Modern Technology

Florida is known as the Sunshine State because of its great weather and beautiful beaches. The “Government-in-the-Sunshine” laws in Florida promote open government meetings and records. This means that government actions and records are supposed to be open to the public. However, with modern technology, there are new issues to consider with public records laws. Since the late 1800s, Florida has had a public policy that records created in the discharge of official duties belong to the public office, not the individual who created the records. The Florida Supreme Court has affirmed this policy. The right to access public records was guaranteed in the Florida Constitution in 1968. In 1980, the Supreme Court defined public records to include all materials made or received by an agency in connection with official business. However, there are exemptions to public records, and the state must show that the requested material meets the statutory requirements for exemption from public disclosure. If a records custodian denies access, they have to explain why they denied it. The exemptions from public disclosure have some limits, like allowing auditors and investigators to access certain records. In some cases, even exempt records can be accessed if there is a really good reason for it. If a record is confidential, only certain people can see it. Violating the Public Records Act can result in penalties, like fines or even a felony charge. If someone wins a lawsuit about accessing public records, they can get their lawyer’s fees paid by the other party. It’s important for agencies to follow the law when it comes to public records, and not doing so can be expensive and illegal. The Florida Supreme Court had to decide if personal emails on a government-owned computer should be considered public records. They ruled that the nature of the email, not where it’s stored, determines if it’s a public record. This means that even if an email is on a personal device, it could still be considered a public record if it’s about official agency business. In Rhea v. Santa Fe College, the court said that electronic communications, like emails, are considered public records just like paper documents. A college professor wanted to know the name of a student who complained about him in an email, but the college refused, saying it was protected under privacy laws. The court said that because the email was related to the college’s business, it should be disclosed unless there’s a specific law saying otherwise. This means that whether a record is digital or physical, the most important thing is what it’s about when deciding if the public can access it. The American Bar Association predicted in 2014 that the power of computers would double or even triple in the next few years. This means that technology used by lawyers will keep getting better and more available. In Florida, courts are figuring out how modern technology, like texting and messaging, fits with the rule that public records should be accessible to everyone. It’s better to decide on a case-by-case basis whether a record is public, rather than making new laws for every situation. The important thing is what the document is about, not where it’s stored. If a government agency wants to have stricter rules for public records, that could be for the best. The American Bar Association and The Florida Bar have guidelines for lawyers on how to communicate electronically and use social media responsibly. They say that lawyers should always keep their clients’ information private and be careful about what they post online. This is important for lawyers, but also for anyone using social media or the internet. It’s a reminder that anything you post online can be seen by anyone and can’t always be deleted. The City of Tallahassee has a new policy for keeping public records, like emails and texts. It says that all official city business should be conducted using city-issued devices, not personal ones. The city’s phones have software that saves all communications automatically. If an employee gets a work-related message on their personal phone, they have to save it and send it to the city. The policy also says that employees can’t use personal devices for city business, and if they get a work-related message on their personal device, they have to save it. If they break these rules, they could get fired. Overall, the policy is a good example for other government agencies to follow. In Florida, public records are defined by the information they contain, not where they are located. This means that texts, emails, and other documents on a government official’s personal device can still be subject to public records laws. It’s important for government workers, citizens, and news organizations to understand these laws and how they apply to modern technology. Florida’s Public Records Act and local policies should be updated to reflect these modern realities. In Florida, there are laws that protect certain government records from being disclosed to the public. These laws apply to records from agencies, local governments, and the executive, judicial, and legislative branches. Some examples of exempt records include answer sheets from government exams, criminal intelligence information, and personal information and photos of law enforcement personnel and their families.

If someone wants to access public records that are exempt, the custodian of the records must explain in writing why the record is exempt. There are also rules about the timing of when these records should be made available to the public. These are references to legal cases and laws in Florida about public records. It’s important to remember that public records can include digital documents, not just paper ones. There are also best practices for lawyers and government officials to follow when it comes to electronic communication and retaining public records. We want our members to learn about doing their job well, serving the public, and making the legal system better.

Source: https://www.floridabar.org/the-florida-bar-journal/the-florida-public-records-act-in-the-era-of-modern-technology/