TBD | Section 2-D-18 | Sunshine Manual (FL)

§2-D-18 | LIABILITY FOR DISCLOSURE

Nothing in Ch. 119, F.S., indicates an intent to give private citizens a right to recovery for an agency negligently maintaining and providing information from public records. City of Tarpon Springs v. Garrigan, 510 So. 2d 1198 (Fla. 2d DCA 1987); Friedberg v. Town of Longboat Key, 504 So. 2d 52 (Fla. 2d DCA 1987). Cf. Layton v. Florida Department of Highway Safety and Motor Vehicles, 676 So. 2d 1038 (Fla. 1st DCA 1996) (agency has no common law or statutory duty to citizen to maintain accurate records). Accord Hillsborough County v. Morris, 730 So. 2d 367 (Fla. 2d DCA 1999).

However, a custodian is not protected against tort liability resulting from that person intentionally communicating public records or their contents to someone outside the agency which is responsible for the records unless the person inspecting the records has made a bona fide request to inspect the records or the communication is necessary to the agency’s transaction of its official business. Williams v. City of Minneola, 575 So. 2d 683 (Fla. 5th DCA 1991), review denied, 589 So. 2d 289 (Fla. 1991). On appeal, after remand, the Fifth District held the claim against the city was barred on the basis of sovereign immunity. Williams v. City of Minneola, 619 So. 2d 983 (Fla. 5th DCA 1993). Cf. AGO 97-09 (law enforcement agency’s release of sexual offender records for purposes of public notification is consistent with its duties and responsibilities).

Congratulations! You're now booked up on Section 2-D-18 from Florida's Sunshine Manual (an official handbook on Public Records Law)!

Use these in conjunction with the Guide for Filing Criminal Charges against an Agency/Officer that Violates Public Records Law.

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§2-D-18 | LIABILITY FOR DISCLOSURE