Many are familiar with former U.S. Supreme Court Justice Louis Brandeis' famous axiom about sunlight being the best disinfectant. Perhaps no state has taken this to heart more than Florida, which boasts some of the broadest public records laws in the nation, as enshrined in Florida's government-in-the-sunshine law and public records law. Succinctly put, it is the policy of the state that the business of the public should be conducted transparently so that the public can see what is being done and how. While this may seem easy on paper, public agencies commonly slip up when navigating Florida's public records law, which can result in costly litigation and judgments for fees. An understanding of the basics of Florida's laws is critical to preventing errors before they occur.

Who Is Covered by Florida's Public Records Law?

A common mistake is thinking only public employees are covered under Florida's public records law. However, Florida's law extends beyond just state employees and can include contractors and other third parties providing services to the state. For example, third party vendors who provide software services or online counseling to public agencies, like school boards or police departments, may find themselves subject to Florida's public records law depending on the type of services being provided. For this reason, contracts between a public agency and contractors acting on behalf of the agency must include certain provisions—as specified by Florida law—notifying the contractor of their obligations under Florida's public records law. This puts both the vendor and the agency's records custodian on notice and can prevent misunderstandings down the road.