Are Lee County Records Public?

Yes, records from municipal agencies and local government offices in Lee County are public records, per Florida's public records laws.

Florida's Public Records Act, outlined in Chapter 119 of the Florida Statutes, specifies that documents and information like emails, data stored on an agency's computer, most files in final or draft form, and video and audio recordings are considered public records by law. Lee County public records include letters, maps, books, tapes, pictures, movies, sound recordings, data processing software, and other materials. These are available to the public for use, copying, inspection, or duplication for legal purposes.

According to the Florida Constitution, every Lee County agency, government official, and individual must comply with the state's public record laws. The county's public records encompass Lee County court records, vital, criminal, property records as well as related documents.

What is Exempted Under the Florida Public Records Act?

While most government records are public under the Florida Public Records Act, the act also makes exemptions for certain types of documents. Exemption suggests that these records are excluded from public access. Generally, these documents are exempted because they contain personal information; making them public would amount to an invasion of privacy, which may lead to harassment or, in some cases, endanger a person's life. Documents from certain agencies are also exempted to prevent the compromise of business and intelligence data. Some exempted records can still be accessed upon special request. To access this class of exempted records, individuals may be required to provide reasons why the record should be released.

Also, these exemptions are examined and renewed every 5 years or expire under Florida's Open Government Sunset Review Act. This implies that new exemptions and ones still in force are introduced during each legislative session.

Below are examples of records exempt under the Florida Open Records Act:

• Court treatment program documents and mental health treatment files.
• Tax return and credit history information.
• Courts and animal home adoption records.
• Court and law enforcement Documents that reveal the victims of sex crimes.
• Financial information regarding competitive bidding.
• Trade secrets.
• Records about Personal details of active and former law enforcement agents.
• Personal information of military personnel.
• Court records pertaining to the prosecution of a juvenile
• Case records or case documents relating to ongoing investigation

Lee County Public Records Search

The Florida Public Records Act states that every government agency in Lee County must provide channels citizens can use to request public records. Thus, the first step in performing a Lee County public records search is to identify the agency that holds the record of interest. For example, court-related records are held within the Lee County Court system, while criminal history records are held at the Lee County Sheriff's Office.

Public records request procedures are often described on agency websites or obtained by calling the agency's official service line. Every agency allows citizens to submit requests; the majority are made in person by submitting a written application, online by filling out a form that details the public record that the citizen is interested in, or by mailing a request to the custodian agency's mailing address.

Nevertheless, requesters should be aware that:

• Every agency charges a fee that must be paid before any searches can be conducted or records issued.
• People should be as detailed and exact as possible when requesting public records. They may provide a party name, case number, filing date range and specific information related to the document of interest. This will help the records custodian streamline case search results and better identify and respond to records requests.
• Agencies must respond to requests for public records promptly. The amount of time needed to answer each request differs significantly.

Find Public Records For Free in Lee County

Individuals can find public records for free using public access terminals at the offices of records custodians in Lee County. Some terminals are at the Lee County court, county clerk's office, or Lee County Revenue Department. Inquirers may use these terminals to search and view public record documents. However, record seekers who request certified copies may be charged a fee.

Individuals can also use notable data aggregators known as third-party sites to search for public records for free. Third-party sites are privately owned web portals that collate public records and host them on an easy-to-use platform. These platforms can then be searched using criteria related to the document of interest. However, these sites are likely to charge a fee to registered users, especially those seeking extensive information. They also do not maintain or disseminate confidential documents.

How to Remove Information From Public Records Free

In Lee County, anyone can ask a county recorder or custodian to restrict public access to records from online databases and physical libraries. These requests can be made in writing. Requests under the public record exemptions outlined in Florida state statute 119.071 are readily acknowledged and implemented. Requests must be notarized, the statutory justification for removal must be provided, and the person or information must be verified as eligible for the exemption.

Similarly, individuals can also request to have information on public records redacted. Redaction requests must be signed, well-written, and sent by mail, fax, or electronic means. Additionally, the request must include the record's identifying page number containing the number that must be redacted.

Who Can Access Lee County Public Records in Florida?

Per Chapter 119 of the Florida state statutes, anyone can access Lee County public records. Every entity that acts as a records custodian must provide access to public records, and it is Florida policy that all state, county, and municipal documents are available for anyone to view and copy personally. However, persons seeking confidential or restricted documents may need to prove their eligibility or present a court order to access them.

What Happens if I Am Refused a Public Records Request?

The right to access public documents in Lee County is guaranteed in the Florida Constitution and enforced by state law. However, anyone who asks for public records may have their requests turned down for various reasons.

A few legal justifications that may lead to a public records refusal include:

• The requestor did not provide enough detail about the public record that they required.
• When the requester requests a record from the wrong custodian or wrong address in general
• Situations where requested records do not fall within the "public records" classification.

An illegal refusal occurs when access to a public record is denied because of an internal conflict without legal basis or when an agency takes an unreasonably long time to respond to a request.

If someone in Lee County is denied access to public records, they can request an internal review at the records custodian's office. If they are still denied access, they have a few options to enforce compliance:

• Request mediation through the Office of the Attorney General Open Government Mediation Program;
• file a complaint with the local state attorney;
• file a civil lawsuit in court.