House Bill 437 amends Florida's public records law to improve transparency and accountability in handling public records requests. Key changes include a revised definition of "actual cost of duplication," which now encompasses agency resources and clerical assistance while excluding overhead costs. The bill requires custodians to acknowledge requests promptly and respond in good faith within three business days, with the stipulation that agencies cannot impose costs if they fail to do so. Additionally, it prohibits agencies from citing exemptions for nondisclosure that were not previously communicated in writing to the requester. The bill also introduces civil and criminal penalties for violations, mandates detailed cost estimates for fulfilling requests, and prohibits fees for reviewing and redacting exempt information.

Moreover, the bill eliminates the requirement for complainants to provide written notice to the agency's custodian of public records before initiating a civil action, which previously required a five-day notice period. It clarifies that courts may deny attorney fees to complainants found to have acted with an "improper purpose" and allows for reimbursement of reasonable attorney fees for individuals acquitted of public records violations. The legislative review process for exemptions is also amended, establishing a five-year repeal period unless reenacted, with subsequent reviews every ten years. The bill repeals a specific section of Florida Statutes and adjusts the offense severity ranking chart, with the act set to take effect on July 1, 2026.

Statutes affected:
H 437 Filed: 119.011, 119.10, 119.12, 282.711, 921.0022