Field Notes: Florida Public Records Requests vs. Investigator Research

THE MAYN FIELD NOTES · PARALEGAL BRIEF

Practical brief for Florida paralegals, litigation support staff and attorneys.

Florida has one of the broadest public records laws in the country. A Florida public records request under Chapter 119 is a powerful tool, but it is not always the fastest or best way to answer a factual question in a case. This brief explains when to send a request, when to use investigator research, and how to combine the two.

What Chapter 119 gives you

Under section 119.07, Florida Statutes, every person who has custody of a public record must permit it to be inspected and copied by any person, under reasonable conditions, unless an exemption applies. In practice:

• Requests generally do not have to be in writing, although a written request creates a useful record.
• You generally do not have to explain why you want the record.
• The agency may charge the fees the statute allows, including a special service charge when a request requires extensive use of resources.
• Many records are exempt or confidential. Section 119.071 lists many general exemptions, such as active criminal investigative information and certain personal information.

Court records follow a separate framework. Access to judicial branch records is governed by Rule 2.420 of the Florida Rules of General Practice and Judicial Administration, which also covers confidential information in court filings.

When a public records request is the right tool

• Agency-held documents you know exist: incident reports, code enforcement files, inspection reports, permits, contracts and procurement files.
• Records that will become exhibits: getting them directly from the custodian simplifies certified copies later.
• Communications and policies of a public body relevant to the case.
• 911 and dispatch records, subject to exemptions and retention schedules, so ask early.

When investigator research is faster or better

• You do not know which agency has the record. An investigator searches across counties and sources to find where the facts live, then counsel requests the right record from the right custodian.
• The question is about a person or entity, not a document: where someone lives, what they own, which companies they control, who they are connected to. That takes cross-referencing many records, not one request.
• The facts are in the field: whether a business is operating, what a scene looks like now, who saw an incident.
• Timing: a records request can take time to fulfill. Research in online official records, clerk dockets, Sunbiz, property appraiser data and licensing databases often answers the threshold question sooner.

Combining the two: a simple workflow

1. Define the factual question. “Did the property owner have notice?” or “Where does the witness live?” is better than “get everything.”
2. Research first to map the sources. The investigator identifies the agencies, case numbers, permits or reports involved.
3. Request the specific records. A targeted Chapter 119 request, citing the report number or permit, is easier for the custodian and faster for you.
4. Use discovery or subpoena for the rest. Private records, such as bank or business records, come through counsel’s legal process, not records requests or investigators.
5. Log everything. Dates of requests, responses, fees and exemptions claimed. If a request is denied, the agency must state the basis for the exemption under section 119.07, and that log helps counsel decide what to do next.

Records that are protected

Some information is off limits through either path. Driver license and motor vehicle record information is protected by the federal Driver’s Privacy Protection Act and Florida law, and is available only for a permissible purpose. Financial account information is protected by the Gramm-Leach-Bliley Act. Investigators working for counsel use protected data only as the law allows, and we never pretext to get records. See our guide to Florida private investigation law for attorneys.

Quick reference

• ☐ Write the factual question in one sentence
• ☐ Know the record and the custodian? Send a targeted Chapter 119 request
• ☐ Do not know where the facts live? Start with investigator research
• ☐ Need private records? Discovery or subpoena through counsel
• ☐ Keep a dated log of requests, fees and exemptions

Learn more about our public records investigations and our guide to public records research for commercial litigation.

FAQ

Can a private investigator make public records requests for us?

Yes. Any person may request public records in Florida. Many firms prefer that counsel’s office send requests for records that will become exhibits, and we coordinate either way.

Are court records public records under Chapter 119?

Court records are governed by the judicial branch rule, Rule 2.420, rather than Chapter 119 alone. Clerks provide access under that framework, and some information is confidential.

What if the agency says the record is exempt?

The agency must state the basis of the exemption. Note it in your log and bring it to counsel, who can decide whether to narrow the request or pursue the record another way.

This article is general information for attorneys and legal professionals. It is not legal advice, and decisions about discovery, admissibility and compliance belong to counsel.