Florida Public Records

How the Florida Public Records Law (the Sunshine Law) Actually Works

Florida's public records law is codified at Fla. Stat. § 119.01 (Florida Public Records Law (the Sunshine Law)). It gives any person — resident or not, citizen or not, journalist or not — the right to inspect and copy public records held by state and local agencies. In most cases, you do not have to explain why you want the record.

Response time: no specific deadline; 'reasonable time' standard. The agency's response is not necessarily a deadline to deliver records — it tells you whether the records exist and when they'll be produced.

Fee rules: $0.15/page for one-sided copies, $0.20 for two-sided; extensive service charges may apply. Agencies cannot inflate charges to discourage requests.

If your request is denied or unreasonably delayed, the law typically provides a mechanism to appeal — either administratively or by filing a petition in state court. Many states award attorney's fees to requesters who prevail on a wrongfully denied request.

What You Cannot Get in Florida (the honest answer)

Many directory sites promise things Florida law specifically restricts. Here's what's actually true:

• Rap sheet access: Florida is one of the most open states — public can search subjects by name for $24. Third-party "instant background check" sites that promise a full Florida criminal history are typically aggregating older court data — not the official state record.
• Sealed and expunged records: records cleared under Florida's expungement law (Fla. Stat. § 943.0585 (expungement) and § 943.059 (sealing)) are removed from public criminal history reports.
• Juvenile records are generally confidential under Florida law and not available without court order.
• Active investigation records, attorney-client privileged documents, draft notes, and personnel files are exempt under standard exceptions to the Florida Public Records Law (the Sunshine Law).
• Booking photos (mugshots) have increasingly restricted commercial use across Florida and most states — paid "mugshot removal" sites are exposed to civil liability in many jurisdictions.

Expungement and Record Clearing in Florida

Florida's record-clearing law is found at Fla. Stat. § 943.0585 (expungement) and § 943.059 (sealing).

Eligibility: non-conviction records (charges dropped, acquitted) can be expunged once in a lifetime; eligible withhold-of-adjudication can be sealed after 10 years.

The petition or application is typically filed in the court of conviction. Filing fees, waiting periods, and exclusions vary by offense type — serious violent crimes and most sexual offenses are commonly excluded. Many states are moving toward automatic ("Clean Slate") sealing for qualifying records.

If you believe your Florida record contains an error or includes an offense that should have been cleared, you have the right to challenge it through the state criminal history repository — typically by submitting a written claim with documentation.

How to Get Your Own Florida Criminal Record

If you need your own Florida criminal history — for an employer, a licensing board, an immigration application, or just to know what's there — the state record is maintained by the Florida Department of Law Enforcement (FDLE).

Walkthrough:

1. Choose your method: FDLE Criminal History Record Check + $24 in-state, $25 out-of-state online; $35 mail.
2. Complete the required form (most states use a standard request form available from the Florida Department of Law Enforcement website).
3. Submit your request along with the fee. Fingerprint-based methods provide the most complete and accurate record but take longer.
4. Turnaround: online: same day; mail: 2-3 weeks.
5. Review the response. If you find errors, the law at Fla. Stat. § 943.053 provides procedures for correcting or challenging inaccurate criminal history information.

Fingerprint-based criminal history checks are considered the official record. Name-based checks are faster and cheaper but can miss records or include records belonging to people with similar names — verify identity carefully.

Notable Florida Record Laws You Should Know

• Marsy's Law (Florida 2018): Victim's rights amendment that affects some record-access rules.
• Fla. Stat. § 943.053: the statute governing the maintenance, dissemination, and inspection of state criminal history records in Florida.
• Federal interaction: the FBI maintains a separate national criminal history database (the Identification, Information & Investigation Services / NGI). Some Florida background checks include a fingerprint forward to the FBI for $13–$32 additional fee, depending on purpose.