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This resource is maintained by Attorney Sean Gellis of Gellis Law, PLLC, one of less than 75 attorneys Board Certified in State and Federal Government and Administrative Practice by The Florida Bar. Mr. Gellis brings unique insight to government contracting, having served as the Chief of Staff of the Florida Department of Management Services (DMS), General Counsel of the Florida Department of Transportation (FDOT), and Deputy General Counsel of the Florida Office of Insurance Regulation – positions that provided direct oversight of technology initiatives and issues of statewide importance. His record in bid protest litigation reflects the sophisticated advocacy and strategic thinking he brings to government contracting matters, particularly in complex transportation and technology procurements. Sean also leads Procurement Insider, a confidential subscription service that provides technology vendors with strategic intelligence and insider analysis of Florida government opportunities. Learn more about transforming your approach to government contracting at www.gellislaw.com/procurement-insider
What Every Florida Contractor Needs to Know About Public Records Laws
So you’ve landed that government contract. Congratulations! Whether it’s your first foray into the public sector or you’re a seasoned government contractor, there’s an aspect of public contracting that often catches businesses by surprise: You’re now subject to Florida’s public records laws.
That’s right. The moment you sign that government contract, you don’t just gain a new client—you take on legal obligations that fundamentally change how you must handle certain records. And ignoring these requirements can lead to serious consequences, including litigation, financial penalties, and even contract termination.
As someone who’s witnessed the evolution of these requirements from both the government and private sector perspectives, I want to walk you through what this means for your business in practical, straightforward terms. My goal isn’t to alarm you, but to arm you with the knowledge you need to protect your business while complying with these important obligations.
What Exactly Qualifies as a "Public Record?"
This is where things get interesting and sometimes confusing. Florida law defines public records broadly as:
“all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the 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.”
For contractors, this typically includes:
- Documents you create specifically for the contract
- Communications with agency staff about the contract
- Materials you use to perform the contracted services
- Documentation of decisions made while performing the contract
- Financial records related to billing the government
- Reports, presentations, or deliverables prepared for the agency
- Records of meetings regarding the contracted work
But importantly, it doesn’t include:
- Financial records related to billing the government
- Reports, presentations, or deliverables prepared for the agency
- Records of meetings regarding the contracted work
A construction company I worked with was surprised to learn that their daily job logs, materials tracking sheets, and internal quality control reports all qualified as public records because they documented work performed under a state contract. They had never considered these routine business documents as potentially public information.
Private Company Today: Quasi-Public Agency Tomorrow
Here’s the reality that surprises many contractors: When you enter into a service contract with a Florida government agency, you essentially become an extension of that agency in the eyes of public records law.
Section 119.0701, Florida Statutes, defines a “contractor” as:
“an individual, partnership, corporation, or business entity that enters into a contract for services with a public agency and is acting on behalf of the public agency…”
That last part is crucial. When performing services for a government entity, you’re considered to be acting on behalf of that agency—and with that status comes public records responsibilities that simply don’t exist in purely private sector work.
Think of it this way: The government can’t outsource its way around transparency laws. When public functions move to private hands, the public’s right to access relevant information follows.
That’s right. The moment you sign that government contract, you don’t just gain a new client—you take on legal obligations that fundamentally change how you must handle certain records. And ignoring these requirements can lead to serious consequences, including litigation, financial penalties, and even contract termination.
As someone who’s witnessed the evolution of these requirements from both the government and private sector perspectives, I want to walk you through what this means for your business in practical, straightforward terms. My goal isn’t to alarm you, but to arm you with the knowledge you need to protect your business while complying with these important obligations.
The 2016 Game-Changer: How the Rules Evolved
If you’ve been contracting with government agencies for many years, you might remember the pre-2016 landscape. It wasn’t pretty.
Before 2016, if someone wanted public records related to a government contract, they could approach the contractor directly. This created what I’d describe as a “public records ambush” industry. Here’s how it typically played out:
- A person would walk into a contractor’s office and demand to see certain records
- The confused reception staff or manager would deny the request, not understanding their obligations
- The requester (often working with an attorney) would then sue for non-compliance
- Courts would award attorney’s fees against the contractor
- Rinse and repeat with the next unsuspecting business
I witnessed companies face thousands of dollars in legal fees from these situations—not because they were trying to hide anything, but simply because they didn’t understand their obligations under the law.
The Relief Valve: How the 2016 Amendments Changed the Game
Thankfully, the Florida Legislature recognized this problem and made significant changes in 2016. The most important changes include:
- Agency-First Requests: Public records requests must now go through the government agency first, not directly to the contractor. This gives contractors the protection of the agency's public records expertise.
- Clear Notice Requirements: Contracts must now contain specific language (in boldfaced type) informing contractors of their obligations.
- Safe Harbor Provision: Contractors who comply with a public records request within 8 business days after receiving proper notice are not liable for the costs of enforcement.
- Proper Notice Protocol: Before filing a lawsuit, requesters must provide written notice to both the agency and the contractor, giving the contractor time to comply without litigation.
This procedural change provides crucial protection for legitimate contractors while still preserving public access. But it doesn’t eliminate your public records responsibilities – it just changes how they’re triggered and provides more reasonable procedures for compliance.
What Exactly Must Contractors Do? Your Legal Obligations
Under current law, government contractors have several specific obligations regarding public records:
Maintain Public Records
You must “keep and maintain public records required by the public agency to perform the service.” This means records created or received in connection with the contract work can’t just be deleted or discarded according to your normal business practices. They’re now subject to government retention requirements.
This obligation creates practical questions for many contractors:
- How long must records be kept? This typically depends on the record type and the applicable retention schedule. Some records might need to be retained for 3 years, others for 5 years, and some permanently.
- In what format must records be maintained? Records must be maintained in a way that allows them to be provided “in a format that is compatible with the information technology systems of the public agency.” This doesn’t necessarily mean you need to change your systems, but you should be prepared to convert records to a usable format if requested.
- Do I need separate storage systems? Not necessarily, but you do need to be able to identify and retrieve public records when requested. Some contractors find it helpful to maintain contract-related records in dedicated folders or with specific metadata to facilitate retrieval.
Provide Records When Requested (Through the Proper Channel)
When the agency contacts you about a public records request, you must either:
- Provide the agency with copies of the requested records, or
- Allow the records to be inspected or copied
And you must do this “within a reasonable time” and at a cost that doesn’t exceed what’s allowed by Florida law.
The term “reasonable time” isn’t precisely defined, but courts generally consider factors like:
- The volume of records requested
- The time needed to locate and review records
- The need to redact exempt information
- The staffing and resources available
A best practice is to acknowledge receipt of the request promptly (within 1-2 business days) and provide a reasonable estimate of when records will be available. Remember, the 8-business-day safe harbor gives you a clear timeframe to work with.
Protect Confidential Information
Not all government records are public. Some information is exempt from disclosure (like trade secrets, which we’ve covered in another article). As a contractor, you must “ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed.”
This protection obligation continues during the contract and even after it ends if you maintain the records rather than transferring them.
This dual responsibility—providing public records while protecting exempt information—creates one of the trickiest aspects of compliance. You must be able to identify what information is exempt and properly redact it before disclosure.
Common exemptions contractors encounter include:
- Trade secrets and proprietary business information
- Personal information of employees (e.g., Social Security numbers)
- Certain security-related information
- Attorney-client privileged communications
- Sealed bids during active procurements
When in doubt about whether an exemption applies, consult with the agency’s public records officer or appropriate legal counsel.
Handle Records Properly When the Contract Ends
When your contract concludes, you have two options:
- Transfer all public records to the agency at no cost, or
- Keep and maintain the public records yourself
If you choose to transfer records, you must destroy any duplicate records that are exempt or confidential. If you keep the records, you must continue to follow all public records requirements and provide electronic records to the agency upon request.
The Email Trap: A Common Compliance Pitfall
One of the most common misconceptions I encounter is the belief that emails about government contracts aren’t public records if they’re on company servers or in private email accounts.
Let me be clear: Internal emails between your employees about a government contract likely qualify as public records subject to disclosure.
This includes:
- Emails discussing project details
- Internal conversations about contract performance
- Communications about billing and payment
- Project status updates
- Discussions about problems or challenges
- Correspondence about change orders or modifications
The mere fact that these communications occur on your private systems or accounts doesn’t shield them from public records requirements.
The Enforcement Reality: Consequences of Non-Compliance
The statute provides that agencies must enforce contract provisions if contractors fail to comply with public records requests. In theory, this could lead to contract termination for violation of public records laws.
In practice, I can’t recall a single instance where a contract was terminated solely for public records violations. That said, non-compliance can still lead to:
- Financial Penalties: Under section 119.10, violations can result in fines and even misdemeanor charges in extreme cases.
- Legal Costs: If a civil action is filed to compel production of records, courts can award attorney's fees and enforcement costs against non-compliant contractors.
- Reputational Damage: Public records lawsuits generate publicity, potentially damaging your company's reputation with other government agencies.
- Competitive Disadvantage: Agencies may view a history of public records issues as a negative factor in future procurement decisions.
The good news? The 2016 amendments provide a safety valve: If you comply with a public records request within 8 business days after receiving proper notice, you’re not liable for the costs of enforcement.
The Bottom Line: Transparency as the Cost of Government Business
Becoming a government contractor comes with many benefits: stable payment, potentially lucrative contracts, and prestige. But these advantages come with strings attached—and public records compliance is one of the most significant.
When you contract with a government agency, you’re no longer entirely in the private sector. You’re stepping into a world where transparency isn’t just a buzzword but a legal requirement with real consequences.
By understanding these obligations and implementing practical compliance measures, you can successfully navigate public records requirements while focusing on what you do best—delivering value through your government contracts.
Sean Gellis is a Board Certified specialist in State and Federal Government and Administrative Practice with over a decade of government experience, including service as General Counsel of the Florida Department of Transportation and Chief of Staff of the Department of Management Services. Through Gellis Law, PLLC, he provides strategic counsel on government procurement, administrative law, and regulatory matters.
