Although the Law Office of the Public Defender is a subject to Chapter 119 in regards to some records, the Public Records Chapter does not apply to our client files.
The Florida Supreme Court addressed this issue and held that files in the possession of the client’s attorney were not subject to disclosure under the public records law. The court held that chapter 119 was enacted to ensure free access to “governmental records.” The court stated: “We also agree that although the records of defense counsel were received in connection with the transaction of official business…, the records ordered disclosed are not governmental records for purposes of Florida’s public records act; they are the private records of [the client]”