On Wednesday, March 9, Florida Governor Rick Scott signed a measure into law aimed at protecting private companies that provide contractual services to government entities from abusive tactics in connection with their obligation to keep and provide records related to the public services they provide.

Under existing law, private contractors who act on behalf of a public agency are required to comply with public records laws in the same manner as a public agency.

House Bill 273, the measure signed by Gov. Scott on Wednesday, requires a request for public records relating to a contract for services to be made directly to the contracting agency.

This remedies a situation that existed in Florida where a requester of records could direct his/her inquiry to a private business – which may or may not have experience in responding to public records requests – and, if the business did not furnish the requested records in a timetable the requester deemed reasonable, seek an award of attorneys’ fees if he/she files suit demanding production of the records.

Now, if the contracting agency determines that it does not possess the records, it must immediately notify the contractor and only then must the contractor provide the records or allow access to the records within a reasonable time. A contractor who fails to provide the records to the contracting agency – not the requester of records – within a reasonable time may be subject to certain penalties.

Gunster is proud to have been at the forefront of making this change, working with numerous government accountability advocates and groups.

We also wish to thank the Florida Legislature and Gov. Scott for their support of businesses who provide important services to government entities and the communities they serve.

If you have any questions on how this change may impact you or your business, please contact Gunster attorney Derek Bruce or Gunster government affairs consultant Cameron Yarbrough.

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This publication is for general information only. It is not legal advice, and legal counsel should be contacted before any action is taken that might be influenced by this publication.

About Gunster

Gunster, Florida’s law firm for business, provides full-service legal counsel to leading organizations and individuals from its 13 offices statewide. Established in 1925, the firm has expanded, diversified and evolved, but always with a singular focus: Florida and its clients’ stake in it. A magnet for business-savvy attorneys who embrace collaboration for the greatest advantage of clients, Gunster’s growth has not been at the expense of personalized service but because of it. The firm serves clients from its offices in Boca Raton, Fort Lauderdale, Jacksonville, Miami, Naples, Orlando, Palm Beach, Stuart, Tallahassee, Tampa Bayshore, Tampa Downtown, Vero Beach, and its headquarters in West Palm Beach. With more than 280 attorneys and consultants, and over 290 committed professional staff, Gunster is ranked among the National Law Journal’s list of the 500 largest law firms and has been recognized as one of the Top 100 Diverse Law Firms by Law360. More information about its practice areas, offices and insider’s view newsletters is available at www.gunster.com.

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