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Florida Statute 119.11 | Lawyer Caselaw & Research
F.S. 119.11 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title X
PUBLIC OFFICERS, EMPLOYEES, AND RECORDS
Chapter 119
PUBLIC RECORDS
View Entire Chapter
F.S. 119.11
119.11 Accelerated hearing; immediate compliance.
(1) Whenever an action is filed to enforce the provisions of this chapter, the court shall set an immediate hearing, giving the case priority over other pending cases.
(2) Whenever a court orders an agency to open its records for inspection in accordance with this chapter, the agency shall comply with such order within 48 hours, unless otherwise provided by the court issuing such order, or unless the appellate court issues a stay order within such 48-hour period.
(3) A stay order shall not be issued unless the court determines that there is a substantial probability that opening the records for inspection will result in significant damage.
(4) Upon service of a complaint, counterclaim, or cross-claim in a civil action brought to enforce the provisions of this chapter, the custodian of the public record that is the subject matter of such civil action shall not transfer custody, alter, destroy, or otherwise dispose of the public record sought to be inspected and examined, notwithstanding the applicability of an exemption or the assertion that the requested record is not a public record subject to inspection and examination under s. 119.07(1), until the court directs otherwise. The person who has custody of such public record may, however, at any time permit inspection of the requested record as provided in s. 119.07(1) and other provisions of law.
History.s. 5, ch. 75-225; s. 2, ch. 83-214; s. 6, ch. 84-298.

F.S. 119.11 on Google Scholar

F.S. 119.11 on Casetext

Amendments to 119.11


Arrestable Offenses / Crimes under Fla. Stat. 119.11
Level: Degree
Misdemeanor/Felony: First/Second/Third

S119.11 - PUBLIC ORDER CRIMES - VIOL COURT ORDER PUBLIC RECORD IMMEDIATE COMPL - M: F



Annotations, Discussions, Cases:

Cases from cite.case.law:

E. O BOYLE v. TOWN OF GULF STREAM, C. A. O, 257 So. 3d 1036 (Fla. App. Ct. 2018)

. . . inspection, copying, and photographing of the requested records after a hearing held pursuant to section 119.11 . . .

STATE ATTORNEY S OFFICE OF SEVENTEENTH JUDICIAL CIRCUIT v. CABLE NEWS NETWORK, INC. LLC, ABC, LLC, LLC, s, 251 So. 3d 205 (Fla. App. Ct. 2018)

. . . . § 119.11(2), Fla. Stat. (2018). Klingensmith, J., concurs. . . .

N. PERREAULT, v. STATE, 203 So. 3d 999 (Fla. Dist. Ct. App. 2016)

. . . for example, from an action to enforce an obligation to produce public records pursuant to section 119.11 . . .

KLINE, v. UNIVERSITY OF FLORIDA,, 200 So. 3d 271 (Fla. Dist. Ct. App. 2016)

. . . Section 119.11(1), Florida Statutes (2015), provides: “Whenever an action is filed to enforce the provisions . . . The plain language of section 119.11(1) requires the trial court to conduct a hearing on actions seeking . . . We direct the court on remand to conduct a hearing as required by section 119.11(1), and to resolve any . . .

HERBITS, v. CITY OF MIAMI,, 197 So. 3d 575 (Fla. Dist. Ct. App. 2016)

. . . Herbits’s lawsuit also sought an expedited hearing pursuant to section 119.11(1) of the Florida Statutes . . .

BOARD OF TRUSTEES, JACKSONVILLE POLICE FIRE PENSION FUND, v. W. LEE,, 189 So. 3d 120 (Fla. 2016)

. . . . § 119.11(1), Fla. Stat. (2009). . . . critical role in the enforcement of the Public Records Act, as is reflected in the title of section 119.11 . . . — “Accelerated hearing; immediate compliance.” § 119.11, Fla. . . . throughout chapter 119 as being brought “to enforce the provisions” of chapter 119. §§ 119.07(l)(h), 119.11 . . .

BARFIELD, v. CITY OF TALLAHASSEE,, 171 So. 3d 239 (Fla. Dist. Ct. App. 2015)

. . . petition for writ of mandamus and an emergency motion requesting an immediate hearing pursuant to § 119.11 . . .

CONSUMER RIGHTS, LLC, v. UNION COUNTY, FLORIDA,, 159 So. 3d 882 (Fla. Dist. Ct. App. 2015)

. . . At the accelerated hearing held pursuant to section 119.11, Florida Statutes, the plaintifRappellant’ . . .

VANCE, v. STATE, 152 So. 3d 110 (Fla. Dist. Ct. App. 2014)

. . . we find that its order to show cause is not a departure from the essential requirements of section 119.11 . . .

A. CHMIELEWSKI J. v. CITY OF ST. PETE BEACH, a, 161 So. 3d 521 (Fla. Dist. Ct. App. 2014)

. . . See § 119.11. . . .

CLAY COUNTY EDUCATION ASSOCIATION, v. CLAY COUNTY SCHOOL BOARD,, 144 So. 3d 708 (Fla. Dist. Ct. App. 2014)

. . . CCEA requested an immediate hearing on its complaint, as provided for in section 119.11(1), Florida Statutes . . . Further, CCEA correctly observes that a hearing should have taken place immediately under section 119.11 . . . Accordingly, we reverse the trial court’s dismissal and remand for an immediate hearing under section 119.11 . . .

INGRAM, v. STATE, 164 So. 3d 676 (Fla. Dist. Ct. App. 2014)

. . . compel as a petition for writ of mandamus; and (2) failed to have a hearing as required by section 119.11 . . . court is required to “set an immediate hearing, giving the case priority over other pending cases.” § 119.11 . . .

CLAUDIO, v. CLERK OF CIRCUIT COURT, VOLUSIA COUNTY,, 128 So. 3d 830 (Fla. Dist. Ct. App. 2013)

. . . The “accelerated hearing” refers to the provision in the public records law, section 119.11, Florida . . . that the filing of a petition for accelerated hearing is the filing of a civil action under section 119.11 . . . of a “petition for accelerated hearing” is not sufficient to commence a civil action under section 119.11 . . . See § 119.11(4), Fla. Stat. (2013). . . .

E. REEVES, v. ORANGE COUNTY SHERIFF S OFFICE,, 110 So. 3d 975 (Fla. Dist. Ct. App. 2013)

. . . . § 119.11(1), Fla. Stat. (2009); Woodfaulk v. State, 935 So.2d 1225, 1226 (Fla. 5th DCA 2006). . . .

J. LASSITER, v. D. MARTIN,, 99 So. 3d 1000 (Fla. Dist. Ct. App. 2012)

. . . to accelerated consideration and case priority over other pending cases in accordance with section 119.11 . . .

MATOS, v. OFFICE OF THE STATE ATTORNEY FOR THE SEVENTEENTH JUDICIAL CIRCUIT,, 80 So. 3d 1149 (Fla. Dist. Ct. App. 2012)

. . . the petition for writ of mandamus requiring the court to set an immediate hearing pursuant to section 119.11 . . . court on June 13, 2011, seeking to enforce his right to request public documents pursuant to section 119.11 . . . Section 119.11(1) requires the court to set “an immediate hearing, giving the case priority over other . . .

L. J. JOHNSON, v. L. JARVIS, Jr., 74 So. 3d 168 (Fla. Dist. Ct. App. 2011)

. . . Although an accelerated hearing on the complaint was scheduled under section 119.11, Florida Statutes . . .

LAWSON, v. STATE, 35 So. 3d 112 (Fla. Dist. Ct. App. 2010)

. . . See § 119.11, Fla. Stat. (2009); Roesch v. . . .

BAGGETT, v. FLORIDA PAROLE COMMISSION,, 34 So. 3d 75 (Fla. Dist. Ct. App. 2010)

. . . See § 119.11, Fla. Stat. (2009); Woodfaulk v. State, 935 So.2d 1225 (Fla. 5th DCA 2006). . . .

DEAS, v. STATE, 985 So. 2d 69 (Fla. Dist. Ct. App. 2008)

. . . Section 119.11(1), Florida Statutes, provides: “Whenever an action is filed to enforce the provisions . . .

BOARD OF COUNTY COMMISSIONERS OF HIGHLANDS COUNTY, E. Sr. v. H. COLBY,, 976 So. 2d 31 (Fla. Dist. Ct. App. 2008)

. . . See § 119.11, Fla. . . .

MARTINEZ, v. STATE, 969 So. 2d 1174 (Fla. Dist. Ct. App. 2007)

. . . departed from the essential requirements of the law in failing to have a hearing as is required by section 119.11 . . .

OFFICE OF THE STATE ATTORNEY FOR THIRTEENTH JUDICIAL CIRCUIT OF FLORIDA, v. GONZALEZ,, 953 So. 2d 759 (Fla. Dist. Ct. App. 2007)

. . . Office of the State Attorney make the records available within forty-eight hours pursuant to section 119.11 . . .

WOODFAULK, v. STATE, 935 So. 2d 1225 (Fla. Dist. Ct. App. 2006)

. . . immediate compliance with his public records request from the state attorney’s office pursuant to section 119.11 . . . Woodfaulk alleged in his petition for an accelerated hearing pursuant to section 119.11 that he received . . . Section 119.11 places no specific requirements on the party requesting the record to obtain an accelerated . . . chapter, the court shall set an immediate hearing, giving the case priority over other pending cases.” § 119.11 . . . Woodfaulk’s petition triggered the requirement that the court set an immediate hearing. § 119.11(1). . . .

SOUTHERN COATINGS, INC. v. CITY OF TAMARAC,, 916 So. 2d 19 (Fla. Dist. Ct. App. 2005)

. . . The trial court held an eviden-tiary hearing pursuant to section 119.11, Florida Statutes, on the public . . .

By- v., 27 Ct. Int'l Trade 1827 (Ct. Int'l Trade 2003)

. . . Reg. 38,170, 38,173 (ITA Sept. 27, 1984) (final determination) (weighted-average margin of 119.11 sufficient . . .

A. GRACE, v. JENNE,, 855 So. 2d 262 (Fla. Dist. Ct. App. 2003)

. . . the sheriff denied appellant’s request for public records, appellant filed this action under section 119.11 . . .

LAMB ENGINEERING CONSTRUCTION COMPANY, v. UNITED STATES,, 58 Fed. Cl. 106 (Fed. Cl. 2003)

. . . With the exception of invoice No. 024436 from Coneseo for $119.11, it is uncontested that none of the . . . Lamb attached Coneseo invoice No. 001466 for $777.21 and invoice No. 024436 for $119.11 to Progress Billing . . . Lamb claims that invoice No. 024436 for $119.11 was paid C.O.D. . . . As to Conesco, Lamb contends that if the defendant paid Conesco $119.11 for invoice No. 024436, it did . . .

JAMES, v. LOXAHATCHEE GROVES WATER CONTROL DISTRICT,, 820 So. 2d 988 (Fla. Dist. Ct. App. 2002)

. . . case, this court granted mandamus and ordered the trial court to set a hearing pursuant to section 119.11 . . .

R. MARTIN, v. KRISCHER,, 783 So. 2d 1170 (Fla. Dist. Ct. App. 2001)

. . . See § 119.11, Fla.Stat. (2000); see also Weeks v. Golden, 764 So.2d 633 (Fla. 1st DCA 2000). . . .

MEYERS v. CITY OF JACKSONVILLE,, 754 So. 2d 198 (Fla. Dist. Ct. App. 2000)

. . . Appellants also sought an accelerated hearing pursuant to section 119.11, Florida Statutes (1997). . . .

A. MINTUS, v. CITY OF WEST PALM BEACH, L., 711 So. 2d 1359 (Fla. Dist. Ct. App. 1998)

. . . the request of Plaintiff for the issuance of a writ of mandamus directed to Defendants pursuant to § 119.11 . . .

J. SHEA, v. COCHRAN, 680 So. 2d 628 (Fla. Dist. Ct. App. 1996)

. . . adequate legal remedy for expeditiously obtaining relief pursuant to the Public Records Act, section 119.11 . . . Section 119.11 provides for an accelerated hearing so that the trial court can determine whether or not . . .

A. J. I. J. C. C. F. C. M. C. B. C. A. C. O. R. E. R. J. R. K. K. R. K. S. K. S. K. L. L. T. S. F. S. S. T. L. T. J. T. T. T. A. K. A. R. A. T. C. B. C. B. J. N. M. B. J. F. AND N. F. v. TIMES PUBLISHING COMPANY, S., 605 So. 2d 160 (Fla. Dist. Ct. App. 1992)

. . . Moreover, judicial enforcement of the public records law is implicitly authorized by sections 119.11( . . . Cannella too acknowledges the authority conferred by this section: “[sjection 119.11 provides for an . . . In construing section 119.11, to permit actions both to compel the custodian to disclose records and . . . Sections 119.11(1) and (3), Florida Statutes (1989), provide: (1) Whenever an action is filed to enforce . . .

LOCKE, v. M. HAWKES, FLORIDA HOUSE OF REPRESENTATIVES, v. I. GORDON,, 595 So. 2d 32 (Fla. 1992)

. . . When Locke failed to produce the records to Hawkes’ satisfaction, Hawkes filed suit to enforce section 119.11 . . . Section 119.11, Florida Statutes (1987), provides: (1) Whenever an action is filed to enforce the provisions . . .

SALVADOR v. E. FENNELLY,, 593 So. 2d 1091 (Fla. Dist. Ct. App. 1992)

. . . mandamus an order directing the trial court to set their action for immediate hearing pursuant to section 119.11 . . . counsel to file memoranda concerning the constitutionality of the operative statutory subsection, section 119.11 . . . LAW Section 119.11(1) provides: “Whenever an action is filed to enforce the provisions of this chapter . . . Section 119.11(1), Florida Statutes, dates back to the laws of 1975. . . . sought an order (writ) compelling the assigned judge to hold the “immediate hearing” required by section 119.11 . . . Properly understood, the immediate hearing called for by section 119.11(1) is, in reality, a trial on . . .

FEDERAL DEPOSIT INSURANCE CORPORATION, L. v. BRITISH- AMERICAN CORPORATION, a a a a, 755 F. Supp. 1314 (E.D.N.C. 1991)

. . . May 1988 = 97.54%/14 = 6.967% . 193.951.84 New principal. 2,977,816.32 AIR 5 May 1988-5 May 1989 = 119.11% . . .

M. HAWKES, v. LOCKE,, 559 So. 2d 1202 (Fla. Dist. Ct. App. 1990)

. . . When Locke failed to produce the records, Hawkes filed suit to enforce section 119.11 of the Public Records . . .

DANIELS, v. BRYSON, 548 So. 2d 679 (Fla. Dist. Ct. App. 1989)

. . . See §§ 119.07(2)(bMd), 119.11, 119.12, Fla. Stat. (1987). . . .

FLORIDA SOCIETY OF NEWSPAPER EDITORS, INC. v. FLORIDA PUBLIC SERVICE COMMISSION AT T GTE, 543 So. 2d 1262 (Fla. Dist. Ct. App. 1989)

. . . Judicial enforcement of the Public Records Law is implicitly authorized by section 119.11(1), which provides . . .

DOWNS, v. Ed AUSTIN,, 522 So. 2d 931 (Fla. Dist. Ct. App. 1988)

. . . Downs’ second cause of action sought a writ of mandamus under section 119.11, Florida Statutes (1981) . . .

CAMPUS COMMUNICATIONS, INC. v. CRISER,, 19 Fla. Supp. 2d 97 (Fla. Cir. Ct. 1986)

. . . witnesses and oral argument submitted by counsel for the parties at the hearing required by section 119.11 . . .

H. BLUDWORTH, v. PALM BEACH NEWSPAPERS, INC., 476 So. 2d 775 (Fla. Dist. Ct. App. 1985)

. . . same day the trial court issued a rule to show cause, returnable later that day, pursuant to section 119.11 . . .

THE MIAMI HERALD PUBLISHING COMPANY, v. STATE OF FLORIDA, DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES,, 14 Fla. Supp. 2d 75 (Fla. Cir. Ct. 1985)

. . . Mandamus which was tried before the Court in an expedited hearing held pursuant to the mandate of Section 119.11 . . . Petition for Writ of Mandamus, within 48 hours of entry of this Writ of Mandamus, as provided by Section 119.11 . . .

THE FLORIDA BAR RE RULES OF APPELLATE PROCEDURE, 463 So. 2d 1114 (Fla. 1984)

. . . The Herald asserted that the legislature expressed public policy in section 119.11(2), Florida Statutes . . . We conclude that we should implement the public policy evidenced by section 119.11(2), Florida Statutes . . .

TRIBUNE COMPANY, v. CANNELLA, DePERTE, v. TRIBUNE COMPANY,, 458 So. 2d 1075 (Fla. 1984)

. . . Section 119.11 provides for an accelerated court hearing when, inter alia, the party seeking to inspect . . . We are aware of the 48-hour deadline of section 119.11(2) upon which the court below relied in determining . . .

TRIBUNE COMPANY, v. CANNELLA,, 438 So. 2d 516 (Fla. Dist. Ct. App. 1983)

. . . . § 119.11, Fla.Stat. (1981); State ex rel. Miami Herald Publishing Co. v. . . . attended by the children of law enforcement personnel are exempt from the provisions of subsection (1). 119.11 . . . [I]t is significant that section 119.11 requires that whenever a court orders an agency to open its records . . . We also conclude, in accord with the reasoning of Roberts, that section 119.11 implies that a forty-eight-hour . . . However, in accordance with the limitation on delay set forth in section 119.11, we now hold that an . . . subject of a delay in those times has also been expressly referred to by the legislature in section 119.11 . . . Section 119.11(2) provides for no delay for records production without a court order, and it is the only . . . would appear to be a rigid maximum time which, in contrast to the legislative plan evidenced by section 119.11 . . .

S. SEIGLE, T. F. v. Dr. D. BARRY E. Jr., 422 So. 2d 63 (Fla. Dist. Ct. App. 1982)

. . . The issues were presented to the court at a priority hearing provided for by Section 119.11(1). . . .

ROBERTS, v. NEWS- PRESS PUBLISHING CO. INC. d b a, 409 So. 2d 1089 (Fla. Dist. Ct. App. 1982)

. . . In regard to the reasonableness of the twenty-four hour delay, it is significant that section 119.11 . . .

DOUGLAS, v. MICHEL, d b a, 410 So. 2d 936 (Fla. Dist. Ct. App. 1982)

. . . The lower court held a hearing pursuant to section 119.11(1), Florida Statutes (1979). . . .

THE FLORIDA COMPANIES v. CITY OF TARPON SPRINGS, 1 Fla. Supp. 2d 154 (Pinellas Cty. Cir. Ct. 1982)

. . . , 1981, and that no appeal has been taken on a timely basis as required by Florida Statute, Chapter 119.11 . . .

THE FLORIDA COMPANIES v. CITY OF TARPON SPRINGS, 1 Fla. Supp. 2d 152 (Pinellas Cty. Cir. Ct. 1981)

. . . immediately available to Plaintiff for its inspection, examination, and copying, in accordance with Section 119.11 . . .

NEWS- PRESS PUBLISHING CO. INC. d b a v. GADD,, 388 So. 2d 276 (Fla. Dist. Ct. App. 1980)

. . . . § 119.11, Fla. Stat. (1979); State ex rel. Miami Herald Publishing Co. v. . . .

B. W. WAIT, III, v. FLORIDA POWER LIGHT COMPANY, a, 372 So. 2d 420 (Fla. 1979)

. . . except that which holds that Florida Appellate Rule 5.12(1) controls over the provisions of section 119.11 . . . considerations of rule 5.12(1) should give way to the special policy considerations inherent in section 119.11 . . . The district court, in Wait, held that section 119.11(2), Florida Statutes (1975), which provides that . . . automatic stay provision of rule 5.12(1) takes precedence over the conflicting language of section 119.11 . . . First District is quashed to the extent that it holds that rule 5.12(1) does not control over section 119.11 . . . The present decision is limited to the relationship between section 119.11(2) and the “Florida Appellate . . .

E. BOUTWELL, v. NICHOL S ALLEY OF JACKSONVILLE, INC. a, 364 So. 2d 1246 (Fla. Dist. Ct. App. 1978)

. . . Section 119.11(2). The filing of a notice of appeal shall not operate as an automatic stay. . . . Section 119.11(2). . . . Section 119.11(3). “In Clark v. . . . appeal need obtain a stay order is procedural, therefore Rule 5.12(1) takes precedence over Section 119.11 . . .

BYRON, HARLESS, SCHAFFER, REID AND ASSOCIATES, INC. a v. STATE W. SCHELLENBERG L., 360 So. 2d 83 (Fla. Dist. Ct. App. 1978)

. . . Section 119.11. . . . In appropriate cases presented under Section 119.11, the courts of first instance may and should order . . .

B. W. WAIT, III, v. FLORIDA POWER LIGHT COMPANY, a, 353 So. 2d 1265 (Fla. Dist. Ct. App. 1978)

. . . that an appeal by a public agency stays the performance of the order appealed, controls over Section 119.11 . . . Section 119.11(1). . . . Section 119.11(2). . . . Section 119.11(3). In Clark v. . . .

UNITED FACULTY OF FLORIDA FEA UNITED, AFT- AFL- CIO v. BRANSON BRANSON v. PUBLIC EMPLOYEES RELATIONS COMMISSION, 350 So. 2d 489 (Fla. Dist. Ct. App. 1977)

. . . Section 119.11 provides there shall be no automatic stay on appeal of orders entered under Chapter 119 . . . Section 119.11, Florida Statutes (1975). . . .

N. CLARK, v. J. WALTON,, 347 So. 2d 670 (Fla. Dist. Ct. App. 1977)

. . . because he had not complied with the Judgment and failed to obtain a stay order as required by Section 119.11 . . . There is a direct conflict between Section 119.11(2), Florida Statutes (1975) and Fla. . . . Fla.App.Rule 5.12 controls over Section 119.11(2), Florida Statutes (1975) and the attempt by the legislature . . .

DONALD MANTER COMPANY, INC. v. E. DAVIS, 543 F.2d 419 (1st Cir. 1976)

. . . Moore, Federal Practice 119.11, at 2362-64 (2d ed. 1974). Reversed and remanded. . . .

UNITED STATES SHERMAN v. G. CARTER, G. d b a, 301 F.2d 467 (9th Cir. 1962)

. . . Supreme Court Clerk $100; additional docket fee, supervising fee, and handling and printing charges, $119.11 . . .

v. DEAN WITTER CO., 69 F.2d 259 (9th Cir. 1934)

. . . year ended December 31,1925, in the principal sum of One Hundred Nineteen Dollars and Eleven Cents ($119.11 . . .

J. A., 16 Fla. 773 (Fla. 1878)

. . . In March, 1873, Thompson, obtained a judgment in the County Court of Alachua county for $119.11 against . . .