Florida HB 437: Public Records

Bill Text

CS/HB 437 2026

CODING: Words stricken are deletions; words underlined are additions.
hb437-01-c1
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

A bill to be entitled 1
An act relating to public records; amending s. 2
119.011, F.S.; revising the definition of the term 3
"actual cost of duplication"; amending s. 119.07, 4
F.S.; providing that it is a violation of ch. 119, 5
F.S., to fail to acknowledge a public records request 6
promptly and respond to such request in good faith; 7
requiring a custodian of public records to perform 8
specified actions within a specified timeframe; 9
prohibiting an agency from imposing costs or fees if 10
the custodian fails to take such actions in the 11
required timeframe; requiring a custodian to state in 12
writing certain justifications and citations; 13
prohibiting an agency from asserting that a record was 14
exempt or confidential and exempt under specified 15
circumstances; prohibiting an agency from asserting 16
certain justifications under specified circumstances; 17
removing provisions authorizing a fee for accessing a 18
public record electronically under a contractual 19
agreement; defining the term "any electronic medium 20
stored, maintained, or used by an agency"; requiring 21
an agency to provide public records requests in 22
specified formats; authorizing an agency to charge a 23
fee for such provision; prohibiting an agency from 24
charging certain costs or fees for specified public 25

CS/HB 437 2026

CODING: Words stricken are deletions; words underlined are additions.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

records requests; providing for the reduction or 26
waiver of fees under specified conditions; requiring a 27
written, detailed cost estimate to be provided upon 28
request to persons seeking to inspect or copy a public 29
record; prohibiting an agency from charging fees for 30
review and redaction of certain records; amending s. 31
119.10, F.S.; providing that a violation of any law 32
that provides access to public records is a violation 33
of ch. 119, F.S.; providing a civil penalty for a 34
person who violates provisions relating to accessing 35
public records; providing criminal penalties for a 36
person outside this state who knowingly violates such 37
provisions; requiring the court to assess specified 38
penalties if it makes certain determinations; amending 39
s. 119.12, F.S.; requiring the court to assess and 40
award against the agency certain costs and fees; 41
removing a provision exempting a complainant from 42
providing certain written notice; authorizing agency 43
reimbursement of attorney fees under specified 44
conditions; repealing s. 282.711, F.S., relating to 45
remote electronic access services, to conform to 46
changes made by the act; amending s. 921.0022, F.S.; 47
conforming a provision to changes made by the act; 48
providing an effective date. 49
50

CS/HB 437 2026

CODING: Words stricken are deletions; words underlined are additions.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

Be It Enacted by the Legislature of the State of Florida: 51
52
Section 1. Subsection (1) of section 119.011, Florida 53
Statutes, is amended to read: 54
119.011 Definitions.—As used in this chapter, the term: 55
(1) "Actual cost of duplication" means the cost of the 56
material and supplies used to duplicate the public record. The 57
term includes the cost of agency resources, including the cost 58
of clerical and supervisory assistance and costs incurred for 59
the use of agency information technology associated with such 60
duplication which are incurred by the agency in complying with a 61
request for public records. The cost of clerical or supervisory 62
assistance may not be greater than the base hourly rate of the 63
lowest paid personnel capable of providing such clerical or 64
supervisory assistance. The term does not include overhead costs 65
associated with duplication of a public record, but does not 66
include labor cost or overhead cost associated with such 67
duplication. 68
Section 2. Paragraphs (c), (f), and (g) of subsection (1), 69
paragraph (c) of subsection (2), paragraph (d) of subsection 70
(3), and subsection (4) of section 119.07, Florida Statutes, are 71
amended to read: 72
119.07 Inspection and copying of records; photographing 73
public records; fees; exemptions.— 74
(1) 75

CS/HB 437 2026

CODING: Words stricken are deletions; words underlined are additions.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

(c)1. A custodian of public records and his or her 76
designee must acknowledge requests to inspect or copy records 77
promptly and respond to such requests in good faith. A good 78
faith response includes making reasonable efforts to determine 79
from other officers or employees within the agency whether such 80
a record exists and, if so, the location at which the record can 8