The bill amends Florida's public records law to enhance transparency and accountability in handling public records requests. It revises the definition of "actual cost of duplication" to include agency resources and clerical assistance while excluding overhead costs. Custodians of public records are required to acknowledge requests promptly and respond in good faith within three business days; failure to do so means agencies cannot impose costs or fees for the requested records. The bill also prohibits agencies from asserting exemptions for nondisclosure that were not previously raised before a civil action was filed. Additionally, it eliminates fees for electronic access under contractual agreements and mandates that agencies provide detailed cost estimates upon request, stating they cannot charge for redaction of exempt information.

Moreover, the bill establishes civil and criminal penalties for violations of public records access laws, defining any violation as a noncriminal infraction punishable by a fine not exceeding $500. If an agency unlawfully denies access to public records, the court must impose a penalty equal to twice the enforcement costs awarded, along with a daily penalty for each day of denial. The bill also modifies provisions regarding attorney fees, ensuring reasonable costs, including attorney fees, are awarded against the responsible agency in civil actions. It includes a legislative review process for exemptions from public meeting and records requirements, with a timeline for repeal unless reenacted by the Legislature. The effective date for these changes is set for July 1, 2025.

Statutes affected:
S 1434 Filed: 119.011, 119.07, 119.10, 119.12, 921.0022