An Introduction to Public Records Office of the General Counsel

Presentation Summary Review of Public Records Basics Distinction Between Records and Information “Disclosure” Explained Criminal Penalties for Unlawful Disclosure DEO Program Areas Dealing with Confidential Information Internal Disclosure of Confidential Information What to Do if You Receive a Public Records Request Agency Contacts for Public Records Questions Public Records Resources Questions

Access to Public Records A right of access to public records is recognized in Article I, section 24 of the Florida Constitution and in Florida’s Public Records Act (Chapter 119, Florida Statutes) The only exceptions are those established by law or the Constitution

What is a Public Record? As defined by section 119.011(12), Florida Statutes: “[A]ll documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material regardless of physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business by any agency.”

Personal Email and Texts Any record made while you are conducting “official business” of DEO is a public record, regardless of whether it is on your work computer, a personal computer, or a cell phone If you send work-related emails to or from your personal computer, or work-related texts on your personal cell phone, those emails and texts are public records

Records v. Information Although state agencies are required to produce public records for inspection, they are not required to give out information or answer questions regarding those records

What exactly does “disclosure” mean? Many Florida statutes relating to confidential information use the word “disclosure” Disclosure: The act or process of making known something that was previously unknown; a revelation of facts (Black’s Law Dictionary 9th ed.) The broad definition includes producing documents and verbal communication

Criminal Penalties for Disclosure of Confidential Information Section 288.075, F.S., provides for the confidentiality of various records in the possession of DEO and other economic development agencies An employee of an economic development agency who violates the confidentiality provisions in s. 288.075, F.S., commits a second degree misdemeanor

Criminal Penalties for Disclosure of Confidential Information Section 443.1715, F.S., provides for the confidentiality of Reemployment Assistance (RA) records An individual disclosing confidential RA records commits a second degree misdemeanor

Internal Disclosure of Confidential Information Some confidential information within DEO is specifically limited to disclosure among certain individuals Certain program areas within DEO handle confidential information and have specific statutory exemptions from disclosing the confidential information

DEO Program Areas Where You May Deal With Confidential Information Certain DEO program areas handle confidential information on a regular basis, and if you work in one of these areas, you will need to be familiar with the statutes providing for confidentiality of the information. The next few slides discuss confidential information in specific program areas.

Confidential Inspector General Information The identity of a whistle-blower is confidential in perpetuity and may not be disclosed to anyone other than the IG and appropriate staff under s. 112.3188, F.S. The Inspector General has the right to view records that would otherwise be exempt in order to carry out audits and investigations. No confidential information received in the course of an audit should be communicated to anyone not permitted to view that information

Confidential Labor Market Information Labor Market information is available only to certain people within DEO Individual identifiable data of employers is confidential and shall be accessible to only authorized persons under s. 443.1715, F.S. No information or records that would reveal the identity of any individual employer obtained from DEO should be copied or disclosed to any party other than those authorized by Labor Market Statistics

Confidential Litigation Information Attorney work product related to pending litigation is exempt under s. 119.071(1)(d), F.S. Typically, privileged litigation information will be marked as “Attorney Work Product” in the document and in the email transmitting the document Work product or privileged information should not be disclosed without permission from the attorney When in doubt, contact the Office of the General Counsel for guidance

Internal Disclosure of Confidential Information Some information is protected by statute from disclosure outside DEO or other specified entities As a general rule, if information is protected from disclosure to the public, it should not be unnecessarily disseminated or communicated internally

Protections of for Information Disclosed Outside DEO Confidential economic incentive information maintains its confidentiality if held by any Economic Development Agency, not just DEO Economic Development Agency, as defined in s. 288.075, F.S., includes, among others: DEO, Space Florida, and any private entity or person authorized by the state, a municipality, or county to pursue its business interests

What to Do if You Receive a Public Records Request , Part 1 If you receive a public records request, or if you receive something that may be a public records request, you must bring the request to the attention of DEO’s public records coordinator. If a request is made to you by email, forward the email to the Records Coordinator at PRR@deo.myflorida.com

What to Do if You Receive a Public Records Request , Part 2 Not all records requests are made in writing. If a citizen makes a verbal public record request, DEO must still acknowledge and respond to the request. If possible, ask the records requestor to submit the request in writing. If the requestor declines to put the request in writing, email the Records Coordinator with a description of the verbal request so that the request is documented, plus contact information for the requestor.

What to Do if You Receive a Public Records Request , Part 3 Even if you can provide the information to the records requestor, do not respond to a public records request on your own until you are instructed that the information is not confidential and exempt Send all public records requests to the Public Records Coordinator so that the Coordinator can confirm the request and properly log and track the request

Best Practices When sending an email or document that you believe may contain confidential information, clearly label it so all recipients are on notice and it can be treated appropriately in the event of a subsequent public records request If you are unsure how any potentially confidential record or information should be handled, don’t hesitate to speak to your supervisor or the Public Records Coordinator. If you receive a records request, bring it to the attention of the DEO Public Records Coordinator as soon as possible

Contact for Public Records Questions If you have questions about public records, please contact the Public Records Coordinator at PRR@deo.myflorida.com.

Public Records Resources DEO policies: Policy Number 1.02 – Confidential Information: Contains an overview of the types of confidential information handled by DEO, especially the collection of Social Security numbers Policy Number 1.06 – Processing Public Records Requests: Contains procedures for acknowledging and responding to public records requests Government in the Sunshine Manual Available online from the Florida Attorney General (Do a Google Search for “Florida Government in the Sunshine Manual”)

Thank you for your attention! Questions? Thank you for your attention!