The bill amends Florida's public records law to improve 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 provisions allowing agencies to charge fees for electronic access to public records under contractual agreements and mandates that records be provided in specified formats.

Moreover, the bill establishes civil and criminal penalties for violations related to public records access, including a daily fine for each day of unlawful denial and reimbursement of reasonable attorney fees for enforcement actions. It clarifies that any violation of laws providing access to public records is a violation of the chapter and introduces a noncriminal infraction for violators, punishable by a fine not exceeding $500. The bill also modifies the legislative review process for exemptions from public meeting and records requirements, requiring reviews every ten years, and allows for reimbursement of attorney fees if an individual is acquitted of a violation. The legislation is set to take effect on July 1, 2025.

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