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By Youndy Cook, Vice President and General Counsel, and Tayna Perry, Legal Services Coordinator

 

The State of Florida has one the most comprehensive public records laws in the country. Florida Statutes, Chapter 119, governs public records and mandates that most state, county, and municipal records be open for inspection and copying by any person, subject to some cost charges.  There are several exemptions from the public records law, to protect various types of records such as health records, banking and financial institution records, and – highly relevant to us here at UCF – education records.

Key Provisions of Chapter 119

The primary goal of Florida’s public records law is to facilitate public oversight and scrutiny of governmental operations. The law defines public records as documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other materials, regardless of the physical form, made or received in connection with official business.

The public records law does not require any justification from the requestor. Any individual can request public records without disclosing their identity or the purpose of their request. The requestor may choose to remain anonymous, however you will need to know how to contact them when records are ready to be produced or in case clarification is needed.

UCF’s Compliance with the Public Records Law

University Policy 2-100 details how the university complies with the public records law. This policy outlines the procedures and responsibilities of the university in handling public records requests and lists the designated offices that handle specific types of requests.

Receiving a public records request can be confusing for departments, especially when the request is received by a department that does not hold the records requested. UCF has a legal obligation to address all public records requests, even if they have been directed to the ‘wrong’ office, so it is important for a receiving department to help ensure that a request makes it where it belongs.  Re-direct the request, not the requestor, as necessary.

The university aims to respond to requests by providing records in their native formats, as they are stored. If a request comes in for records that do not exist, UCF will inform the requestor accordingly. The objective of the law is to provide access to existing records, not to create new records. Creating new documents in response to a request is discouraged, as this adds administrative burden and generates new public records.  An exception is made for requests for data from an existing database, in which case the university may be able to generate a report from that existing data.

Emails are a common target for public records requests. UCF emphasizes the importance of keeping email communications professional and work-related. Given that exemptions from public disclosure are limited, most emails must be produced in their entirety when requested. We suggest avoiding personal details within work email.  Additionally, you may find it advisable to separate topics into different email threads. The university also recommends caution with the “reply all” function to prevent redundant records and to avoid oversharing information.

Records that are Exempt from Public Disclosure

While Florida’s public records laws are very broad, some exemptions exist to protect sensitive information, such as social security numbers, health records, banking information, security-related information, and confidential communications. Specific records exempt from disclosure include student educational records, certain personnel records, records relating to complaints of discrimination until a finding is made or the investigation becomes inactive, and most direct support organization records. A department should send a copy of the public records request to the UCF Office of the General Counsel when received to provide guidance in determining what records are exempt from disclosure.

Conclusion

Florida’s public records law plays a crucial role in promoting transparency and accountability in governmental operations. UCF’s policy reflects its commitment to these principles. The Office of the General Counsel is available to assist departments with public records matters, providing advice regarding the law, and helping with uncertainties departments might have when processing requests.  Per University Policy 2-100, the Office of the General Counsel will assist with applying exemptions that may require the withholding of records or the redaction of certain information from records.

Questions about handling public records requests or scheduling a department public records training should be directed to the Office of the General Counsel at 407-823-2482 or gcounsel@ucf.edu.