PUBLIC RECORD REQUESTSLaw Office of the Public Defender

A  request for a current or former client file is not a public records request. If you are a current or former client requesting a client file please click here.

Please note: Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing.

The Public Defender’s office recognizes the broad scope and intent of Florida’s public records laws.  Even though our office is subject to public records laws, our office is exempt from many public records requests. Under Florida law, the case files of individual Public Defender clients are not public records and may not be requested, demanded, or compelled under Chapter 119, Florida Statutes. Long v. Dillinger, 701 So. 2d 1168, 1169 (Fla. 1997); Kight v. Dugger, 574 So. 2d 1066 (Fla. 1990).

A person requesting access to or copies of public records may not be required to disclose his or her name, address, telephone number or the like to the custodian, unless the custodian is required by law to obtain this information prior to releasing the records. AGOs 92-38 and 91- 76. Accord Inf. Op. to Cook, May 27, 2011. See also Bevan v. Wanicka, 505 So. 2d 1116 (Fla. 2d DCA 1987)

Ch. 119, F.S., provides a right of access to inspect and copy existing public records.  The statute it does not mandate the creation of a new record to accommodate a request for information.  Wootton v. Cook, 590 So. 2d 1039 (Fla. 1st DCA 1991). See also AGO 08- 29.

The Law Office of the Public Defender, 17^th Judicial Circuit does not require that requests for records be in writing. See Dade Aviation Consultants v. Knight Ridder, Inc., 800 So. 2d 302, 305n.1 (Fla. 3d DCA 2001).  The office will honor a request for copies of records which is sufficient to identify the records desired, whether the request is in writing, over the telephone, or in person, provided that the required fees are paid.  A requestor does not have to complete this online form to request public records from this office.   A telephonic public records request should be made by calling (954) 831- 8551.

A requestor can make a public records request anonymously and the requestor does not have to provide an address or any other identifiable source for payment of associated costs.  However, to comply with the statutory directive to provide copies of public records upon payment of the statutory fee, an agency must respond to requests by mail for information as to copying costs.  Wootton v. Cook, 590 So. 2d 1039 (Fla. 1st DCA 1991).

Within a reasonable time, the Law Office of the Public Defender shall respond to a public records request.  Any response shall be subject to redaction pursuant to confidentiality and statutory exemptions. Ocala Star Banner Corp. v. McGhee, 643 So. 2d 1196 (Fla. 5th DCA 1994).