Are Polk County Records Public?

Yes. According to Florida Sunshine Law, records generated or received by any public agency due to its official business or operation of law are public unless they are exempt by a court order or law. As a result, most records maintained by public agencies in Polk County are considered public and available to individuals and entities that request them. These include Polk County court records, vital records, criminal records, property records, and others.

Per Florida Statutes Section 119.011(12), public records include documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form or characteristics. Provided they were generated or received by a public agency pursuant to law, ordinance, or transaction of official business.

What is Exempted Under the Florida Public Records Act?

An exemption is a provision of the Florida Sunshine Law or other applicable laws that excludes specific records from being subject to the access requirements of the Florida Sunshine Law. Hence, exempted records are inaccessible to the members of the general. They are typically only made available to eligible individuals and entities. These include those that have a tangible interest in the record, such as parties named in the record and government entities due to their official functions.

Depending on the details of a record, it may be completely exempt from public access or contain specific information that is exempt due to its sensitive nature. Some of the general exemptions to the Florida Sunshine Law are outlined in Florida Statutes Section 119.071, and they include but are not limited to:

• Social security numbers
• Driver’s license numbers
• Criminal intelligence or investigative information that details the identity of certain sexual or child abuse offense victims
• Confidential informants or sources identifying information
• Medical history records
• Medical diagnostic information
• Autopsy photos
• Information that reveals confidential surveillance techniques

Polk County Public Records Search

Interested persons can search for a Polk County public record by querying the specific public agency that is the custodian of the desired records. Generally, there is no central agency record seekers can query to search or access all public records in Polk County. Instead, local public agencies individually process requests for public records they maintain.

In Polk County, the acceptable method for accessing or making public records requests may differ between record custodians. Notwithstanding, most public agencies permit in-person requests and inspection of public records they maintain at their physical address during regular working hours. Sometimes, a public agency may provide a dedicated public record request form that individuals can use to facilitate requests. For instance, record seekers obtain necessary forms for requesting public records held by the Polk County Sheriff’s Office (PCSO) by contacting the PCSO Public Records Custodian at:

1891 Jim Keene Blvd,
Winter Haven, FL, 33880
Email: recordsrequest@polksheriff.org
Phone: (863) 298-6300

Or
Visit any PCSO Substation

In other cases, Polk County public agencies may provide online resources that interested persons can use to access public records. Some examples of these online resources include the Polk County Property Appraiser’s Property Search portal and the County Recorder’s Search Official Records portal. A good rule of thumb is to contact a public agency to inquire about the availability of a record and the procedures for requesting or accessing public records within its custody. Individuals can find the contact information of most of Polk County‘s public agencies on the official Polk County Website’s Public Records Request page. It is important to note that requesters must provide details about the after-sought public record to facilitate a public search. Hence, this information must be handy to ensure efficient and effective record searches.

Find Public Records For Free in Polk County

The easiest way to find public records for free in Polk County is through a public agency’s online resources (if provided). However, if an agency does not provide any online resources that allow users to access public records, another way to find these records is by visiting the agency to inspect the public record in person. Generally, most public agencies in Polk County do not charge requesters a fee for in-person inspection of public records.

Some third-party aggregate websites also allow individuals to access Polk County public records online. These websites typically operate independently from government entities. They work by legally sourcing public records from different public agencies across multiple states and counties and compiling them in a searchable database hosted on their website. Due to the wide range of public records they hold, most third-party websites offer search capabilities that are not geographically restricted or limited to a specific type of record. Furthermore, their user interface is easy to use, and only basic information about the sought record, such as a party’s name or case number, is required to conduct searches on these websites. However, using third-party aggregate websites is not without certain potential risks. One of the most prominent is that records' comprehensiveness, accuracy, and availability are not guaranteed.

How to Remove Information From Public Records Free

In Polk County, information and records that meet specific requirements outlined by certain Florida Statutes may qualify for removal from public records through official processes like expungement, sealing, or redaction. Records can be sealed or expunged if they meet the requirements outlined in Florida Statutes (F.S.) Sections 943.0585 and 943.059. Individuals with eligible records can apply to have their records expunged or sealed through the Florida Department of Law Enforcement (FDLE). The FDLE oversees the application process for sealing and expunging eligible records and provides information about procedures for the application process on its Seal and Expunge FAQ page.

On the other hand, the process for redacting information from a public record is handled by the agency that maintains the public record containing the information to be redacted. An individual must meet the appropriate statutory requirement to be eligible to have their information redacted. For instance, qualified personnel, as defined in 119.071, 493.6122, or 744.21031, are eligible to have some of their property information redacted. In Polk County, qualified persons can apply for this redaction by completing the Request for Exemption from Public Records Disclosure form and submitting it to the County Property Appraiser’s office.

Who Can Access Polk County Public Records in Florida?

Anyone. Florida Sunshine Law has no requirement that limits who has the right to access public records. As a result, state, county, and municipal public records in Florida are available for personal inspection and copying to any person who requests them.

What Happens if I Am Refused a Public Records Request?

A public agency in Polk County may refuse an individual public record request for any of the following reasons:

• The agency is not the custodian of the requested record, or the record does not exist.
• The record is subject to a specific statutory exemption under state or federal law.
• The request was too broad or vague. In such cases, the custodian may request clarifications.

Legal recourse available to individuals who were wrongly denied their right to inspect or copy public records is filing a lawsuit against the agency that denied their request to enforce the terms of the Public Records Law. Alternatively, the Florida Attorney General's Office has a mediation program for resolving open government disputes. Interested persons can contact the attorney General’s office for mediation at (850) 245-0140.