Are Broward County Records Public?

Yes. Under Florida law, all state, county, and municipal records are open for inspection and copying by anyone, as codified in Fla. Stat. ch. 119, commonly referred to as the Florida Public Records Law. This law emphasizes that each agency must ensure public access to its records and protect the public’s right to inspect those records in all aspects of its operations. Additionally, agencies are encouraged to make records electronically available where feasible, provided accessibility does not erode the public’s right to access. These records include Broward County court records, case documents, vital records, property records, criminal records, and related documents.

The Florida Constitution, Article I, Section 24 (Fla. Const. art. I, § 24), also establishes that every individual has the right to access any official record related to a public body's official business. The Public Records Law is a cornerstone of government transparency, and violations by public officers can result in fines, suspension, removal from office, or even criminal charges.

Other statutes that provide a framework for access to specific records include:

• Fla. Stat. § 286.011 - Public meetings and records
• Fla. Stat. § 257.36 - The management and preservation of public records
• Fla. Stat. § 39.202 - Proceedings relating to children
• Fla. Stat. § 395.3025 - Hospital and medical records
• Fla. Stat. § 943.053 - Criminal Justice records

What is Exempted Under the Florida Public Records Act?

Disclosure of records maintained by Broward County public bodies follows guidelines set by the Public Records Law. While the law mandates the disclosure of records in the custody of all agencies, some exemptions exist. An exemption typically means that some records or parts of records are not available for public inspection and copying. In Florida, the following records are not open to the public for examination according to the Public Records Law:

• Agency administration records such as competitive solicitation bids, attorney work products, and examination questions
• Active criminal intelligence and investigative information
• Security and fire safety records such as building blueprints, emergency evacuation plans, and security system plans
• Information related to cybersecurity incidents, network schematics, and encryption
• Certain personal information such as social security numbers, bank account numbers, and personal identifying information

Individuals can file a petition in the Broward County Circuit Court to access an exempt record or challenge a denial from the custodial agency. Depending on the nature of the case, the court may need to hold one or more hearings. If the petitioner's need for access outweighs the agency’s reason for confidentiality, the court may overturn the denial.

Broward County Public Record Search

Broward County is home to numerous public bodies, including courts, law enforcement agencies, the county school board, the metropolitan planning organization, and more. Each agency operates under its own set of rules and procedures regarding public access to records. These rules and procedures typically vary from one agency to another.

To find a Broward County public record or perform a case search, it is necessary to identify the record and determine the appropriate agency responsible for maintaining it. Once identified, the inquirer can visit the agency’s records custodian or designated department. For convenience, it is often helpful to call the agency beforehand to confirm the record’s availability and inquire about any requirements. Many agencies also offer options for mail-in or online requests, which can streamline the process and reduce the need for in-person visits. Per the Florida Public Records Law, an agency may charge fees for copies, certified copies, or special services related to extensive requests. Researchers should be aware of these fees and be prepared to cover them before making a request.

Some Broward County agencies also provide online databases that make record retrieval more accessible. These include:

• The Clerk of Courts Case Search
• The Property Appraise Property Search
• Broward County Official Records Search
• The Sheriff’s Office Arrest Search

For precise results during online searches, researchers may use advanced search options or filters, which usually help streamline the search results. They may require that requesters provide the party name, case number, filing date range and other specific information that facilitate the case record search.

Find Public Records For Free in Broward County

Residents can access Broward County public records online through aggregator websites. These platforms collect information from individual agencies and make it available to the public, reducing the need for researchers to visit agencies in person. Although these websites are not directly managed by government agencies, they are still bound by the Public Records Law, meaning confidential records are not accessible through their databases. Nonetheless, aggregator sites can be valuable when searching for non-confidential public records in Broward County.

It’s important to note that official copies of public records can only be obtained directly from the respective agency; typically via its clerks office. Additionally, records found on aggregator websites may not always be completely accurate and may restrict extensive information to registered users. Therefore, it is recommended that the information be verified by official sources.

How to Remove Information From Public Records Free

Public records are intended to be open and accessible to the public. However, a record’s public status can be revoked or restricted at an individual’s request if certain conditions are met. The removal process varies depending on the type of record.

Generally, the first step is to identify the record to be removed and the legal grounds for removal in Florida Law. For example Fla. Stat. § 943.0585 and Fla. Stat. § 943.059 provides the legal basis for the expunction and sealing of criminal records in Florida. Other statutes, such as Fla. Stat. § 119.071, may allow for the redaction of personal information from public access.

The next step is to determine the appropriate agency to file a removal request or petition. Criminal records and court records are usually handled by the court system, while personal information redaction requests can be made directly to the agency that maintains the record. Once a request is submitted to an agency, a review process begins to verify and validate the grounds on which the request is being made. The review process generally involves evaluating eligibility, reviewing supporting documentation, and assessing if statutory requirements have been met. If the request is considered valid, the information may be removed or sealed from public access.

Who Can Access Broward County Public Records in Florida?

In Broward County, Florida, public records are accessible to anyone with an interest, including private individuals, businesses, journalists, media outlets, researchers, legal practitioners, and government agencies. Access is generally unrestricted, except for records deemed confidential by statute or court order. For restricted records, access is limited to specific individuals, such as the subject of the record, authorized officials and agencies whose duties require access, and persons granted permission by a court order.

What Happens if I Am Refused a Public Records Request?

If a public records request is denied, it is important to understand the reason for the denial before taking further action. Agencies are required to provide a written statement explaining the basis for the denial. Common reasons for denial include:

• Failing to pay required fees or follow the agency’s prescribed procedure.
• Providing incorrect or insufficient information about the requested record.
• Requesting a record that the agency does not maintain.
• Seeking access to a confidential record without proper authorization.

If the reason for the denial is unclear, the requester should contact the agency for clarification. However, a denial does not mark the end of the process, as individuals have the right to appeal the decision. The first step is to write an initial appeal to the agency, clearly explaining why the request should not have been denied.

If the appeal is unsuccessful, the next step is to file a writ of mandamus with the Broward County Circuit Court. This legal action seeks a court order compelling the agency to release the requested records. If the court finds sufficient legal grounds in the petition, it may overturn the agency’s decision and mandate the release of the records.