Are Palm Beach County Records Public?

Yes. Any record maintained by a public agency concerning their official business is a public record according to the Florida Public Records Law and Article 1, Section 24 of Florida’s Constitution. Additionally, Florida’s Sunshine Law mandates that meetings of any governmental body where official actions are taken must be open and accessible to the public.

Besides these fundamental laws, specific statutes regulate access to particular types of records in Florida. These laws guide the public and record custodians regarding the disclosure and availability of records. Notable ones include Florida Statutes, Chapter 943.053 (which governs the dissemination of criminal justice information), and Florida Rule of General Practice & Judicial Administration 2.420 (which addresses access to Palm Beach County court records).

What is Exempted Under the Florida Public Records Act?

Government agencies provide a broad range of records to the public under the Florida Public Records Act, but certain records are exempt to safeguard individual privacy and public security or maintain confidentiality of sensitive government operations.

Documents excluded from public disclosure are not accessible to the general public except under specific circumstances or to authorized individuals. In Florida, these records are exempt under the Public Records Act:

• Certain environmental records
• Trade secrets
• Active criminal investigations, certain victim/witness information, and law enforcement surveillance techniques
• Internal audit reports
• Security protocols and systems
• Personally identifiable information (e.g., SSNs, financial data)
• Juvenile records
• Sealed court records

If a member of the public requires access to a protected record, they may write to the agency custodian, stating why access is necessary. However, such records are typically only released to subjects of records, legal representatives, official personnel, and persons with a judicial order.

Palm Beach County Public Records Search

Public records in Palm Beach County are maintained by various government agencies, each responsible for documents relevant to their official functions. Centralizing all public records under one agency would be impractical, so each agency serves as its records custodian to make it easier for the public to locate and access a public record.

Individuals who want to inspect or obtain a copy of a public record must first determine the document type and the agency that serves as its custodian. For example, property records are maintained by the Property Appraiser’s Office, arrest records by law enforcement agencies, and court records by courts. For arrest and court records, knowing the specific agency that made the arrest or the court where the case was tried is helpful.

Researchers can request public records during regular business hours at an agency's physical office, via mail, or online. Guidelines for public record searches are typically available on an agency custodian’s website or by calling the agency's designated phone line. Record custodians generally allow free inspections of public records. However, obtaining a copy of the record may attract a fee.

Additionally, individuals can utilize online portals provided by some agencies, such as the Palm Beach County Circuit Court Records Search, Sheriff’s Office Inmate Search, and property search portal on the Appraiser’s website. However, these portals only provide access to non-confidential information.

Find Public Records For Free in Palm Beach County

Accessing a public record through a government agency may sometimes be cumbersome, especially when making a remote request. To simplify the process, inquirers can search for the record online on third-party aggregator websites.

Third-party websites provide access to many records maintained by different government agencies. Searches can be conducted using a person’s name or other identifying information. Depending on the website, searches may be free, but full access may require a fee.

When searching public records on third-party websites, users should be aware that the information disclosed may not be accurate. To ensure reliability, it is a good practice to compare third-party-sourced records with information from official government sources.

How to Remove Information From Public Records Free

Removing information from public records typically involves sealing or expunging the information to restrict public access. In Palm Beach County, this process is governed by specific statutes. Below are the key laws that regulate the removal of various records from public access:

• Florida Statutes, Chapter 943: Outlines eligibility criteria and procedures for sealing and expunging criminal records
• Fla. Stat. § 119.071: Oversees the removal of personal information, such as home addresses, telephone numbers, and financial information from public records
• Florida Rules of Judicial Administration (Rule 2.420): Governs the removal of court records

To remove personal information, a requester may submit a written request to the agency in charge of the record. The reason for redaction must be statutorily recognized for a record to be limited from public access. Criminal and court documents, on the other hand, can only be sealed or expunged if they satisfy the eligibility criteria stated in the respective statutes or rules.

Who Can Access Palm Beach County Public Records in Florida?

The Florida Public Records Act clearly emphasizes the right of every member of the public to request access to a public record. When a person requests to inspect a public record, the custodian is obliged to disclose the record irrespective of the requester’s identity. However, this does not apply to protected records, as they are confidential and not open to everyone. Individuals can only access a protected record if they are a party to the record, a government official whose duties directly involve the record, or a person with court authorization.

What Happens if I Am Refused a Public Records Request?

In Palm Beach County, public records requests may be denied for several reasons, primarily because of exemptions mentioned in state law or regulation. Records can also be rejected for other reasons, such as when an inquirer provides incomplete, ambiguous, or vague information about the record or requests a record from the wrong custodian.

If an agency refuses a public records request, it must provide a written statement to the requester disclosing the reason for the denial. If the reason is due to a fault on the part of the requester, the party can make corrections and send in another request.

However, if the denial is not because of a faulty request, the requester can appeal in writing to the agency if the agency has an internal appeal process. To present a strong appeal, applicants are advised to include any specific statute(s) that shows they have a right to access the record.

If the appeal fails, the requester may seek judicial intervention by filing a petition in the Circuit Court of Palm Beach County. If the ruling favors the requester, the court may order the agency to cover the requester’s legal fees.

Alternatively, if an individual does not want to go through the administrative appeal or judicial process, they can check for other agencies that may hold the record. For instance, law enforcement agencies are the primary custodians of arrest records. However, arrest information also appears in court records when an arrestee is prosecuted. In such cases, an inquirer denied access to an arrest record may search for the corresponding court record to see if the information they seek appears in the record.