Are Miami-Dade County Records Public?

Yes, Miami-Dade County records are generally open to the public. Access to the county's records is governed by the Public Records Law or Act of Florida (Chapter 119, Florida Statutes), which provides the public with the legal right to inspect and obtain copies of public records, except those records are specifically exempted by law. The Florida Sunshine Law (Chapter 286, Florida Statutes) further promotes open government by allowing public access to meetings where official action is taken. Public records include Miami-Dade County court records, vital records, property documents, and criminal records.

What is Exempted Under the Florida Public Records Act?

The Florida Public Records Act (in § 119.071) exempts several categories of records from public disclosure for privacy or other legitimate purposes. Though the Act supports the public's right to access government records, it recognizes that disclosure, in some instances, would be harmful to personal or public safety.

Common exemptions to the Florida Public Records Law are highlighted below:

• Records of ongoing law enforcement investigations
• Personal identifying data, e.g., Social Security numbers, medical records, and minors' names
• Attorney-client communications
• Attorney work products
• Security records, such as plans and strategies to protect government buildings or public property
• Competitive bidding records (until a contract is awarded)

Miami-Dade County Public Records Search

Identifying the correct agency custodian is the first step to obtaining public records in Miami-Dade County. For example, property records can be retrieved from the Miami-Dade County Property Appraiser's Office, court records can be found with the Miami-Dade Clerk of Courts, and police records can be retrieved from the Miami-Dade Sheriff's Office or municipal police departments.

Having found the correct department, one can utilize online search services offered on the department's official website. If records are not online, members of the public may submit a public records request via Miami-Dade County's online portal. The portal allows members of the public to formally request records from various agencies and track the status of their requests online. The portal also provides a list of public record custodians in the county. Public agencies also accept direct requests for public records in person, via mail, or through other acceptable methods.

To ensure a successful public record search, the requester should provide descriptive information about the record they seek. Including names, dates, document types, and other specific record details makes it easier for agencies to locate and disseminate requested records.

Requesters should also be aware of any costs involved in accessing records—fees are often assessed for document copies—and that agencies maintain different processing times directed by the workload and complexity of a request.

Find Public Records For Free in Miami-Dade County

Third-party aggregator websites provide convenient access to Miami-Dade County public records. These sites consolidate different records from various government agencies and provide access to a centralized database, making them handy for searching multiple regions at once.

Notably, certain limitations may affect user access. One of the main drawbacks is the completeness and accuracy of records. Data found on third-party websites is sourced from various repositories, and there is no way to verify the information unless one goes to a source. Secondly, users may only have access to limited information for free, with additional information or features (such as downloading reports) subject to fees or subscriptions.

Moreover, a user's private data may be at risk if they access an unreputable website, and information obtained from a third-party site cannot be used for legal purposes.

How to Remove Information From Public Records Free

Getting information removed from public records in Miami-Dade County for free may be difficult because most of the processes involve some dollar amount. However, below are some potential ways of expunging or restricting access to public information without spending money.

Redaction of Sensitive Information: Individuals may ask an agency custodian to redact their sensitive personal information from public records, such as social security numbers or bank account numbers. This approach may be necessary if personal details were unintentionally entered into public records. Applicants can notify the agency via a written request citing the applicable laws. Notably, these requests do not incur fees, but information can only be removed if exempt under the law.

Expungement or Sealing of Criminal Records: Sealing or expungement is another way that individuals can remove their information from public records, but these processes apply only to criminal records.

Usually, fees apply to file a petition for expungement or sealing in a Florida court, but records expunged or sealed without any cost if one is eligible for fee waivers. More information about the sealing and expungement process in Florida can be retrieved from the Florida Department of Law Enforcement's Seal & Expunge web page or by contacting the local circuit court.

Who Can Access Miami-Dade County Public Records in Florida?

Miami-Dade County public records are accessible to anyone, including natural persons, businesses, media representatives, and associations. Florida's Public Records Act does not impose residency requirements on requesters, thereby providing locals and non-residents equal access to governmental information.

What Happens if I Am Refused a Public Records Request?

A Miami-Dade County public records request may be rejected because the requested information or record is exempt by law or court order. Agency custodians can also deny overly vague requests or record requests made to the wrong department.

Individuals who experience a record denial can contact the responsible agency for further explanation or clarification, although agencies typically provide their rationale in a written notice. One may also refine their requests to be more specific and submit a new request to the agency custodian.

However, if the denial is sustained, applicants can seek guidance from the Office of the Florida Attorney General or resort to legal action. Such civil lawsuits are filed in the Miami-Dade County Circuit Court and aim to obtain a court order that compels the public agency to produce the sought-after records.

Notably, a record that is unavailable at one agency may be obtainable at another. For example, individuals denied access to an arrest record may find arrest information by accessing court databases or archives.