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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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