Chapter 119
True or False:
Once a criminal investigation is active, all records related to the case are automatically exempt from public disclosure.
False — Only active criminal investigative information is exempt under F.S. 119.071(2)(c).
Generally Releasable (Basic Information):
Typically Exempt While Investigation Is Active:
True or False:
Juvenile arrest records are always confidential.
False.
Under F.S. 985.04, a juvenile’s arrest information may be released if the juvenile is charged with a felony, has prior delinquency history, or is charged as an adult. In other cases, the juvenile’s identity and related records generally remain confidential.
Is This Releasable?
A media outlet asks whether the officer involved in a shooting has been involved in previous shootings.
It depends.
Certain personnel records may be public, but agencies should verify accuracy and coordinate with legal counsel because the question touches on personnel history, ongoing investigations, and potential litigation exposure.
True or False:
If body-worn camera footage does not show the actual use of force, it must be released immediately.
False.
Even if force is not shown, the footage may still capture investigative conversations, evidence collection, or protected information that allows it to remain exempt during an active investigation.
Is this releasable?
The date, time, and location of a shooting investigation.
Yes — Basic incident facts are typically releasable.
Media requests the 911 call from a homicide that occurred earlier that day. Can you provide?
It depends.
911 recordings are generally public records, but portions may be redacted or withheld if their release would reveal investigative details, identify protected victims, or interfere with an active criminal investigation.
True or False:
Footage showing a victim of a violent crime inside a residence may be exempt from disclosure.
True.
F.S. 119.071(2)(l)
True or False:
All body-worn camera footage is immediately public record.
While body-worn camera recordings are public records in Florida, several exemptions may delay or prevent release. Footage may be withheld if it is part of an active criminal investigation (F.S. 119.071(2)(c)) or if it captures images inside a private residence, medical treatment, or victims of certain crimes, which are protected under F.S. 119.071(2)(l).
True or False:
Once a case is closed, all records related to the investigation automatically become public.
False.
Even after a case becomes inactive, other exemptions may still apply, including victim privacy protections, juvenile records, confidential informants, and security procedures.
Is This Releasable?
The name of a victim in a sexual battery investigation.
No.
The identity of sexual battery victims is confidential and exempt from public disclosure under F.S. 119.071(2)(h). Agencies may confirm that an incident occurred but cannot release identifying information about the victim.
If a city commissioner or mayor asks for investigative details during a critical incident, are they automatically entitled to information that is exempt from public disclosure?
Under Florida’s Public Records Law (F.S. Chapter 119), elected officials such as mayors and city commissioners are treated the same as any other member of the public unless another law or official duty authorizes access.
They do not automatically get access to records that are exempt from disclosure.
Agencies cannot release exempt investigative information simply because the request comes from an elected official.
A mayor or commissioner may receive additional information if:
It is necessary for them to perform their official duties, or
They are acting within their role as part of the governing body overseeing the agency, or
The information is shared in a confidential briefing that does not waive the exemption.
Examples during a critical incident might include:
General situational awareness briefings
Information needed for policy or emergency decision-making
Updates necessary for public messaging coordination
During critical incidents, agencies typically:
Provide a situational briefing to elected officials
Avoid sharing specific investigative details
Coordinate messaging through the PIO
Remind officials that premature disclosure could compromise the case
Let's Talk:
Who should review body camera footage before public release?
Investigators, legal counsel, Command Staff, PIO. Anyone else?
Following an officer-involved shooting, when can the name of the involved officer be released under Chapter 119?
The officer’s name is generally a public record, but agencies often delay release briefly for administrative or safety reasons (such as officer safety or family notification). However, there is no automatic statutory exemption unless another exemption applies.
Do we release the officer’s name immediately?
Should there be a standard waiting period?
If a family member of a victim releases information publicly, the police department can confirm all details.
False.
Even if information is publicly shared by others, the agency must still comply with statutory exemptions and investigative considerations before confirming or releasing protected information.
True or False:
Social media rumors can force the agency to confirm the identity early.
False — Agencies should still wait for proper family notification.
Let’s Talk:
Who should be responsible for approving the release of body-worn camera footage to the media or during press briefings?
Chief of Police? City Manager?
If command staff coordinate a response to a critical incident using text messages on their personal phones, are those messages public records?
Yes, if the messages relate to official agency business, they may be considered public records subject to Chapter 119, regardless of the device used.
Is This Releasable?
A reporter asks for the exact timeline of officer movements during an active shooter incident.
Usually no while the investigation is active.
Detailed operational timelines may reveal tactics, officer positioning, or investigative findings, which could compromise the investigation or future operational security.
If media asks whether a juvenile was injured during a shooting, what can be confirmed?
General condition without identifying the child.
Let’s Talk:
Under what circumstances should the agency release body-worn camera footage—such as during positive “feel-good” community interactions, following critical incidents, or only in response to significant events—and should those releases be proactive or primarily reactive to media requests or major incidents?
Who decides when footage is appropriate for proactive release?
What criteria would define a “critical incident” or "significant event" that warrants release?