Florida Senate - 2026                                     SB 744
       
       
        
       By Senator Yarborough
       
       
       
       
       
       4-00824-26                                             2026744__
    1                        A bill to be entitled                      
    2         An act relating to public records requests made to law
    3         enforcement officers; creating s. 119.101, F.S.;
    4         defining terms; prohibiting law enforcement officers
    5         from accepting and processing public records requests
    6         while engaged in certain activities; providing that a
    7         law enforcement officer makes a certain determination;
    8         requiring that a law enforcement officer verbally
    9         inform an individual of certain information; providing
   10         criminal penalties for individuals who knowingly and
   11         willfully persist in attempting to compel a law
   12         enforcement officer to accept and process a public
   13         records request under certain circumstances; providing
   14         applicability; providing an effective date.
   15          
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Section 119.101, Florida Statutes, is created to
   19  read:
   20         119.101 Requests for public records made to law enforcement
   21  officers.—
   22         (1) As used in this section, the term:
   23         (a) “Employing agency” has the same meaning as in s.
   24  943.10.
   25         (b) “Law enforcement officer” has the same meaning as in s.
   26  943.10.
   27         (2) A law enforcement officer who is actively engaged in
   28  the performance of an official duty, including, but not limited
   29  to, a call for service, an investigation, a case-related
   30  activity, or other official police activity, may not accept and
   31  process a public records request at such time.
   32         (a) For the purposes of this section, the determination of
   33  whether such officer is engaged in the performance of an
   34  official duty is made by the officer.
   35         (b) Upon the determination that the officer is engaged in
   36  the performance of an official duty, the officer must verbally
   37  inform the individual requesting public records that he or she
   38  cannot accept and process the public records request at that
   39  time and direct the individual to:
   40         1. The custodian of records for the officer’s employing
   41  agency; or
   42         2. An official public records request online portal, if
   43  available.
   44         (c) An individual who, after being informed pursuant to
   45  paragraph (b), knowingly and willfully persists in attempting to
   46  compel a law enforcement officer to accept and process a public
   47  records request while such officer is engaged in the performance
   48  of an official duty commits the offense of obstruction of a law
   49  enforcement officer, in violation of s. 843.02.
   50         (3) This section does not apply to a law enforcement
   51  officer performing his or her official duties at an official
   52  location of the employing agency.
   53         Section 2. This act shall take effect July 1, 2026.