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Records Management - FAQ's

Frequently Asked Questions

Which records are "public records"?

What is my right to access of "public records"?

How long are court files kept?

How can I review records in the Archives?

Which records are "public records"?

Section 119.011(1), F.S., defines "public records" to include all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to the law or ordinance or in connection with the transaction of official business by any state, county, district, authority, or municipal officer, department, division, board, bureau, commission, or other separate unit of government created or established by law, unless exempted ( i.e. juvenile case files) from disclosure by the Legislature.

What is my right to access of "public records"?

Every person who has custody of a public record has to permit the record to be inspected and examined by any person desiring to do so, at any reasonable time, under reasonable conditions, and under supervision by the custodian of the public record or the custodian's designee. Upon payment of the fee prescribed by law, the custodian shall furnish a copy or a certified copy of the record. If the fee is not prescribed by law, upon payment of the actual cost of duplication of the record.

A custodian of public records may not impose a rule or condition of inspection which operates to restrict or circumvent a person's right to access.

How long are court files kept?

All Clerk of Court case files have a minimum retention period prescribed by law. No court records (contents of the court file, depositions filed with the clerk, transcripts, exhibits in the custody of the clerk, and electronic, video, and stenographic tapes of deposition or other proceedings) can be destroyed or disposed of until the final order, final docket entry, or final judgment is microfilmed for, or recorded in, the public records.

Court records, except exhibits, that have been microfilmed in accordance with standards adopted by the Department of State, Division of Library and Information Services, Bureau of Archives and Records Management, may be destroyed or otherwise disposed of by the clerk at any time after the judgment has become final.

How can I review records in the Archives?

All files, artifacts, maps, photographs located in the Clerk's Archives are open to the public for review and inspection with certain limitations. Limitations are placed on direct handling of irreplaceable or fragile items. However, many of these items have been photocopied and or microfilmed for general public inspection. Copies of any items may be obtained pursuant to existing state statute.

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