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; failure to do so means agencies cannot impose costs for the requested records. Additionally, it prohibits agencies from asserting nondisclosure exemptions that were not previously communicated to requesters. The bill also introduces civil and criminal penalties for violations, mandates courts to award reasonable attorney fees to successful requesters, and allows for fee reductions or waivers for requests serving a public purpose.

The bill further eliminates the requirement for complainants to provide written notice of a public records request to the agency's custodian before initiating a civil action, which previously required a five-business-day notice period. It clarifies that courts may deny attorney fees to complainants found to have acted with an "improper purpose" and instead award costs to the agency. Additionally, the bill establishes a five-year review process for exemptions from public meeting and records requirements and repeals a specific section of Florida Statutes. It also makes adjustments to the offense severity ranking chart for criminal punishment, including the deletion of certain offenses. The act is set to take effect on July 1, 2026.

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