***Click here for the blog post, "Government Transparency and People’s Right to Know: Efforts to Restrict Access to Public Records in Florida is a Slippery Slope."***
Note: The purpose of this document is to provide general information only; nothing in this document is intended to give legal advice. People with low income who have legal questions related to public records should contact their local legal services organization for possible advice. Further, since not every situation involving a request for public records could be addressed in this document, Florida Policy Institute recommends that people interested in knowing more about their rights review the law. [1] Other important resources include the First Amendment Foundation [2] and the Florida Attorney General’s Government in-the-Sunshine Manual.
Floridians have a powerful statutory and constitutional right to access most of the records held by state and local governmental agencies. Unless the record has been exempted or specifically made confidential by law or the Florida Constitution, agencies must — in good faith — provide access to public records. Still, reports have surfaced about unjustified denials or delays by the government in responding to public records requests. Below are answers to frequently asked questions about common issues that arise under the state’s public records law.
Florida’s Public Records Act at Chapter 119 of the Florida Statutes defines a “public record” broadly. The definition includes documents such as emails, data stored in a state agency’s computer, most documents in final or draft form, and video and audio recordings:
“. . . all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business by any agency.” [3]
This definition has evolved over time to include data and information stored on an agency’s computer to the same extent as if the data and information were in a written document. In fact, the law states that the automation of public records must not limit people’s right to access them. In addition, the definition is broad enough to cover most documents in both their draft and final form, as well as documents that are tapes, recordings, films, or photographs.
Virtually all state and local governmental units in Florida that have been created by state statute or the Florida Constitution — as well as some private entities — are subject to the Public Records Act.
Chapter 119 refers to the entities subject to the Public Records Act as “agencies.”
They include entities such as the state Department of Children and Families, as well as many people, organizations, and businesses in the private sector acting on behalf of a state or local government, such as corrections companies operating county jails. In fact, the Public Records Act states that agency contracts for services must require that the contractor follow the public records law.
The Florida Constitution extends Florida’s Public Records Act to any state governmental body created by the Constitution, including officers, employees, and persons acting on their behalf. This includes:
“. . . legislative, executive, and judicial branches of government and each agency or department created thereunder; counties, municipalities, and districts; and each constitutional officer, board, and commission, or entity created pursuant to law or this Constitution.”
Florida’s Public Records Act applies solely to state and local governments, not to federal entities. To obtain public records documents from the federal government, Floridians must file a Freedom of Information Act (FOIA) request with the federal entity that holds the records being sought. The federal FOIA requires compliance with a completely different set of procedures and laws than Florida’s public records laws.
Requesting public records is simple. State law allows Floridians to submit Public Records Act requests by fax, email, letter, in person at an agency’s office, or over the phone. Requests do not have to be in writing or submitted on any particular form, [4] although people who make public records requests orally may find it difficult to prove they made such a request if it has not been committed to writing.
The person requesting the document is not required to show U.S. citizenship; live in Florida; identify themselves; give the agency a copy of their driver’s license or other ID; provide their phone number, email or street address; or explain why they want the document or how they are going to use it. (Of course, people who prefer not to reveal their email, mailing address, or identity in a public records request must ensure that the agency has a way to transmit the documents to them.)
To request public records, Floridians need only make their oral or written request to the “custodian of the public record.” Since determining who is a records custodian is made on a case by case basis, people who want copies of public records should make that request to the officially designated public records staff person for the agency that possesses the documents.
Many state agencies have individual webpages dedicated to public records. Some agencies, such as the Department of Children and Families, the Department of Commerce (formerly Department of Economic Opportunity), and the Department of Heath even have electronic forms for submitting a public record act request.
A person can ask for as many records in a request as needed. However, the agency may impose a service charge for either copying voluminous documents or compiling documents that require extensive use of information technology resources.
In addition, as a practical matter, the more documents that a person requests, the longer it may take the agency to gather them and respond. Sometimes, it is wise to start with a small request and follow up with an ask for more documents if records that the agency produces do not contain the information needed.
By law, agencies have a duty to promptly acknowledge requests for public records and respond to the request in good faith. This means that, not only do state agencies have a duty to produce public records when requested, but they must also do so without unjustified delay. [5]
When asked for public records, state agencies must make those records available for inspection and or copying “at any reasonable time, under reasonable condition.”
However, the Public Records Act does not contain a specific time limit by which agencies must act. Instead, a determination as to whether an agency has acted timely must be based on the facts of each individual case. [6]
The Public Records Act authorizes the imposition of fees for public records. However, those fees are not intended as ways for the agency to make money.
Normally, agencies can charge up to 15 cents for one-sided documents that are 14 inches by 8.5 inches or less in size and 20 cents for two-sided documents. If the agency is asked to provide a certified copy of a document, the agency can charge $1. In addition, if the agency has to use extensive [7] technology or staff time in responding to a public records request, the agency can impose a service charge, as long as that charge is reasonable [8] and reflects its actual costs. For copies of all other records, the agency may only charge the actual cost for duplication.
Florida’s Public Records Act requires that fees for public records be paid in advance before the records are released. There are no exceptions to the required fees. People still have to pay even if they are unable to afford the fee, have an urgent need for the documents, or plan to use the information in the documents for the public good.
However, there are ways to try to minimize costs associated with a public records request. To avoid charges for copying, people can attempt to convince the agency to waive fees, even though no right to fee waiver exists in law. In addition, to avoid copying charges, people may scour records themselves under the supervision of the agency and take photos of any documents they want. Normally, this must be done in the room where the records are kept, unless the custodian of the records authorizes a different location. However, the agency can assess a service charge for supervising the photographing.
If a state agency says that requested documents are exempt or confidential, the person making the request can ask the agency to redact the portion of the document containing that information if it has not done so already. Under the Public Records Act, redaction means “to conceal from a copy of an original public record, or to conceal from an electronic image that is available for public viewing, that portion of the record containing exempt or confidential information.” To redact exempt or confidential information, agencies often black-out or blur the text that they are trying to hide. Even if an agency exempts part of a record, it must produce the remainder of the document for inspection or copying.
Further, an agency that claims a document, or part of a document, is exempt from disclosure must state the basis for the exemption as well as the statutory citation to the law creating the exemption. If an agency claims that a document is exempt from public records yet fails to provide the required information, the requester can ask the agency to do so.
Florida law creates a public records mediation program within the state attorney general’s office. The program is supposed to help parties resolve public records disputes without having to go to court. However, both parties to the dispute (including the state agency) must agree to the mediation.
Other than Florida’s Open Government Mediation Program, the only other recourse that Floridians have to enforce their rights under the Public Records Act is to go to court, which may not be possible for people who cannot afford a lawyer. However, if a lawsuit is filed, the case must have priority over other pending cases and be set for an immediate hearing. In addition, the First Amendment Foundation may be able to assist people in enforcing their public records rights — the organization has a hotline to respond to concerns about Florida’s public records law. [9]
Notes
[1] Ch. 119, Fla. Stat. (2023); Art. 1 § 24(a), Fla. Const. (2023).
[2] The First Amendment Foundation has a hotline available to respond to concerns about Florida’s public records law and may even be able to assist people in enforcing their public records rights. However, Florida Policy Institute neither endorses nor is responsible for any content from a third party that may be accessed from this document and does not endorse the use of services by any third party.
[3] In contrast, the Florida Constitution does not set out a definition of “public records,” although it guarantees the right to inspect or copy “any public record” unless exempted by the Florida Constitution.
[4] Note, however, that Rule 2.420(m)(1) of Florida Rules of General Practice and Judicial Administration requires that requests for public records of the judicial branch be submitted in writing.
[5] Jackson v. City of South Bay, 4D21-3503, —So. 3d — (Fla. 4th DCA Feb. 15, 2023).
[6] Roldan v. City of Hallandale Beach, No. 4D22-103, —So. 3d — (Fla. 4 th DCA April 5, 2023).
[7] The Public Records Act does not define “extensive.”
[8] The Public Records Act does not define “reasonable.”
[9] See note at 2. Florida Policy Institute neither endorses nor is responsible for any content from a third party that may be accessed from this document and does not endorse the use of services by any third party.
Re-employment Assistance (RA) Department of Children and Families (DCF) Multi-Program Policies Supplemental Nutrition Assistance Program (SNAP) Child Nutrition Programs Temporary Assistance for Needy Families (TANF) Re-employment Assistance (RA)American Rescue Plan Act Changes. The American Rescue Plan Act of 2021 extended PEUC and PUA benefits through the week ending September 6, 2021. It also increased the maximum duration of PEUC benefits ($300 a week) to 53 weeks and the maximum duration of PUA to 79 weeks. Although PEUC and PUA did not end until September 6, 2021, Florida withdrew from the Federal Pandemic Unemployment Compensation Program (FPUC) effective June 26, 2021. FPUC provided persons who were out of work due to COVID-19 with an additional $300 a week in unemployment insurance.
Reemployment Assistance weeks reverted to 12 effective January 1, 2022. DEO determines the maximum number of weeks available to RA claimants based on a statutory formula that looks at the average unemployment rate for the most recent third calendar year quarter (i.e., July, August, and September). Based on the downturn in unemployment, the maximum number of weeks for RA reverted to 12 effective January 1, 2022.
RA work-search and work registration requirements reinstated on May 30, 2021. Persons filing an application for RA benefits beginning March 15, 2020, are not required to complete work registration in Employ Florida through May 29, 2021. In addition, work search requirements for individuals requesting benefits for the weeks beginning March 15, 2020, were also reinstated on May 30, 2021.
RA biweekly reporting requirements reinstated. Although previously waived, biweekly reporting was reinstated effective May 10, 2020. DEO’s guide to claiming weeks is here.
Mobile app deployed. DEO has deployed a mobile app for RA applications.
DEO announces extended benefits. DEO announced implementation of Extended Benefits (EB).
Resources and guidance. For a list of resources and guidance from the United States Department of Labor on unemployment insurance and COVID-19, go here.
For DEO’s “Reemployment Assistance Frequently Asked Questions and Additional Resources,” updated 12/30/2020, go here.
For DEO’s latest claims data, go here.
Re-employment Assistance (RA) Department of Children and Families (DCF) Multi-Program PoliciesDCF opens offices. DCF has reopened its brick-and-mortar storefronts, which were previously closed due to coronavirus.
DCF adds call center numbers. DCF has added a call center number for Monday through Friday, from 7 a.m. to 6 p.m. Call center numbers now include 850-300-4323, 866-762-2237, or TTY 1-800-955-8771.
Certification periods extended by 6 months only through August 2020. Certification periods for cash, food and medical assistance were extended by 6 months for individuals and families scheduled to recertify in April through August 2020. FNS’ approval of the SNAP extension for August is here. However, effective September 1, 2020, SNAP, TANF and Medicaid recertifications have been reinstated, although DCF says that no one will lose Medicaid due to recertification.
DCF allows phone interviews. Phone interviews are now being used for TANF cash and SNAP food assistance.
Mandatory work requirements suspended only through May 2021. Under a directive from Governor DeSantis to waive work requirements for safety net programs, DCF waived work requirements for individuals participating in the Supplemental Nutrition Assistance Program (SNAP) and Temporary Assistance for Needy Families (TANF) through May 2021. To do this, DCF explains that it partnered with the Department of Economic Opportunity to apply “good cause” statewide for TANF and SNAP recipients who would otherwise be subject to participation in mandatory work requirements as a condition of receiving those benefits. Through May 2021, persons who were sanctioned in the past due to work requirements will be able to reapply and participate in SNAP or TANF again.
Emergency allotments (EA) ended. DCF automatically supplemented SNAP allotments of current recipients up to the maximum for a household’s size for July 2021. However, EA was discontinued beginning August 1, 2021.
The SNAP benefits increase by 15 percent ended in October 2021. Floridians who participate in SNAP to put food on the table will receive a temporary 15 percent supplement to SNAP under COVID relief passed by Congress and extended by the American Rescue Plan Act through September 2021.
FNS permanently increases SNAP through revamp of the Thrifty Food Plan. Effective October 2021, FNS has mandated a permanent increase to SNAP through a revamp of the Thrifty Food Plan. DCF says that the increase amounts to about 6% for Floridians.
Time limits suspended. SNAP time limits are suspended during the COVID-19 public health emergency. No one in Florida should be barred from SNAP due to time limits, even if they exhausted their time limit in the past.
Florida granted waiver to allow families to purchase groceries online. DCF has been granted a federal waiver to permit the State of Florida to launch a pilot project statewide effective April 21, 2020, that allows families to purchase groceries online with their Electronic Benefit Transfer (EBT) card instead of going into stores.
No Medicaid terminations from March 2020 through the end of the federal public health emergency. The national public health emergency has existed since January 27, 2020 and has been renewed by the Secretary of the U.S. Department of Health & Human Services in 90-day increments since that time. The most recent renewal is effective January 16, 2022.
On March 31, 2020, AHCA alerted providers and DCF posted on the ACCESS website that:
Redetermination/recertification times are reinstated. As of October 1, 2020 AHCA's website is alerting recipients that the Department of Children and Families is now mailing letters for case reviews to check if a household is still eligible for Medicaid and/or Medically Needy. AHCA is urging people receiving these letters to take steps now to re-apply. But note, Medicaid coverage will not end during the COVID-19 Public Health Emergency. In January 2021 DCF conducted one-year “automated renewals” for people whose sole income is social security and SSI and are enrolled in an SSI-related Medicaid program (e.g., MEDS/AD, Medically Needy and Medicare Savings Programs). People getting VA income were not included in the automated renewal.
Extended application time. Effective with applications filed in February 2020, the time for submitting documentation required to process an application is extended for 120 days from the date of the application and eligibility will still be effective the first day of the month the application was received. Effective July 1, 2021, this policy has been rescinded. Medicaid applications submitted on or after July 1, 2021 may be denied on the 30th day after application or the day after verification information is due. Applications filed prior to July 1, will be allowed 120 days to provide requested verification to establish Medicaid eligibility.
Exclusion of additional unemployment payments in determining eligibility. The $600/week of additional unemployment insurance payments under the CARES Act will not be counted as income in determining Medicaid eligibility. (However, these payments will be counted as income in determining marketplace subsidy calculations.)
Coverage of Medicaid services during the state of emergency
COVID-19 Vaccines for Medicaid Enrollees. In an executive order published March 16, 2021 Governor DeSantis revised the vaccine distribution plan, which applies to the general public including Medicaid enrollees, to lower the age requirement to 40 effective March 29, 2021 and then effective April 5, 2021 all Floridians are eligible to receive any COVID-19 vaccination approved by the Food and Drug Administration.
Medicaid enrollees eligible to receive the vaccine may visit myvaccine.fl.gov to find a location distributing the vaccine and to schedule an appointment.
On March 12, 2021, AHCA published instructions for Medicaid enrollees on how to obtain Medicaid transportation once they have scheduled an appointment for a vaccine. AHCA states: "Florida Medicaid will take you to get the COVID-19 vaccine at no cost. All you need to do is set up a time to get your vaccine. Next, let your Medicaid plan know you need a ride and they will take care of the rest. If you are not enrolled in a plan, call the Medicaid Helpline at 1-877-254-1055 to find out the name and phone number for a transportation service."
The state has also recently launched a new email system to help bring COVID-19 vaccines to homebound seniors. Seniors will be able to sign up to have the vaccine come to them by emailing a request to HomeboundVaccine@em.myflorida.com.
AHCA has posted Medicaid Alerts and FAQs providing more detail on Medicaid service changes in response to COVID-19. They address a wide range of topics including, but not limited to: telemedicine guidance for medical, behavioral health, and early intervention services providers; long-term care provider network flexibilities allowing more types of providers to deliver specified long term care services; and continuity of care for adult day care center enrollees during the time these centers are closed.
AHCA is loosening coverage restrictions for behavioral health services. Effective May 5, 2020, all prior authorization requirements for mental health or substance use disorder treatment are waived and service limitations (frequency and duration) are lifted. For behavioral analysis services, current authorizations will be extended through an "administrative approval process" which does not require providers to reassess beneficiaries currently getting services. Effective July 1, 2021 service limits will be reinstated for behavioral health services and effective July 15, 2021 Medicaid prior authorization requirements will be reinstated for behavioral health services.
Per a May 29, 2020 provider alert, during the state of emergency AHCA will be reimbursing providers for telemedicine well-child visits provided to children older than 24 months through age 20. Providers are directed to actively work to schedule follow-up in-person visits to administer immunizations and other physical components of the exam which cannot be accomplished through telemedicine.
Coverage of home and community-based waiver services (HCBS) - In response to the public emergency, Florida obtained approval from the federal government to make changes in HCBS waiver programs, including the Long Term Care and Developmental Disabilities programs. The changes are effective retroactively from January 27, 2020 to January 26, 2021. Details can be found here. They include, but are not limited to:
Note on COVID-19 testing, treatment, and vaccines for the uninsured. Florida has not opted to receive 100 percent federal Medicaid funding for COVID-19 testing of people without health insurance. Under the 2021 American Rescue Plan Act this option has been expanded to cover COVID-19 treatment and vaccines for the uninsured as well. Since the state has not taken up this option Floridians must look to an uneven patchwork of free testing, treatment, and vaccine resources scattered around the state. AHCA advises that uninsured people may receive free testing from their county health department or a federally qualified health center and that “many communities provide testing for free for individuals who do not have insurance. Please [click here] to find a test site in your area. Uninsured individuals should ask before the test whether testing is free of charge." There are no state agency instructions on where uninsured people can receive free treatment. However, more information on possible sources for free treatment is available here.
Residency proof no longer required at some vaccine sites, “paving the way for migrants.” - On April 29, 2021 Surgeon General Rivkees issued a new public health advisory specifying that COVID-19 vaccines are available to “a Florida resident” or someone “who is present in Florida for the purpose of providing goods or services for the benefits of residents and visitors of the State of Florida.” This new policy applies to all state-run and federally supported vaccination sites. It rescinds an advisory issued in January that had restricted vaccinations to people who could show proof of Florida residency
2021 unemployment compensation claimants can access free or reduced cost health insurance through the ACA marketplace. The Affordable Care Act (ACA) Marketplace was re-opened in February 2021 to give people who need health insurance a new “special enrollment" opportunity to get covered. The 2021 American Rescue Plan eliminated or vastly reduced premiums for many people with low or moderate incomes.
Starting July 1, 2021, people who received or have been approved for unemployment compensation for any week beginning in 2021 can access free or reduced cost comprehensive health insurance plans through the ACA marketplace. This benefit is available regardless of someone's current income. To get this benefit, people must enroll in the marketplace no later than August 15, 2021. For help with enrollment, contact Covering Florida at 877-813-9115.
