The Government Can’t Keep You in the Dark
A recent decision from Florida’s Fourth District Court of Appeal has an important message for Florida’s counties: public records requests are not suggestions. And when the information is necessary to comply with a criminal law, “we’ll get around to it” isn’t good enough.
During the first week of June 2026, the Florida Action Committee submitted Public Records Act requests to all 67 Florida counties. We did this for a very specific reason. On July 1, 2026, a new law was to take effect that revised the prohibition on specified offenders “loitering” within 500 feet of a place where children congregate. The law creates yet another potential criminal minefield for the approximately 90,000 people on Florida’s registry — and potentially for others subject to Florida’s registration laws who travel to the state.
But here’s the problem: Where are these “places where children congregate”? If the government is going to criminalize being within 500 feet of a location, people should at least be able to determine where those locations are.
So FAC asked the counties. Nearly three months later (and after the new law has been in effect for almost two months) FAC has received responses from fewer than half of Florida’s 67 counties. And even among the counties that responded, most told us that they have no records identifying these locations.
That brings us to a very interesting decision issued last week by Florida’s Fourth District Court of Appeal in Chandler v. St. Peter’s Academy, Inc.. The Fourth DCA reversed and remanded a public-records dispute and addressed the obligation of public-records custodians to respond promptly to requests.
The court emphasized a fundamental principle of Florida’s Public Records Act: public records are not something a government agency gets to decide whether or not to provide at its convenience. As the court explained, Florida’s Constitution gives every person the right to inspect or copy public records, and the Public Records Act requires custodians to acknowledge requests “promptly” and respond in good faith. The court reiterated that an unjustified delay in producing records is itself a violation of the Act. The court also made an important point: the Public Records Act places the duty to promptly acknowledge and respond on the government agency—not on the person making the request.
So what exactly is an “unjustified delay”?
That’s a question worth asking when the government has enacted a law that can put someone in criminal jeopardy. If a new law is scheduled to take effect in a month and makes it potentially criminal to come within a specified distance of certain locations, is waiting three months or longer to provide information identifying those locations a justified delay? If someone plans to attend an event two months from now and needs to know whether attending could subject them to arrest, is it unreasonable to expect the government to provide the information before the event?
We don’t think such requests are unreasonable. In fact, we think the fact that half the Counties have not responded yet – months later – is pretty glaringly unreasonable, considering people can be arrested over this stuff.
Merriam-Webster defines “promptly” as “without delay” and “very quickly or immediately.” This isn’t FAC being petty. It isn’t FAC demanding that county employees drop everything to answer our requests instantly. This is about due process and the ability to know what the law requires before you accidentally violate it.
Florida has created an ever-expanding web of geographic restrictions for people on the registry. The government tells registrants where they cannot even “loiter” within. But if the government itself cannot — or will not — tell people where those prohibited locations are, how exactly is a person supposed to comply? A criminal law should not function like a game of Where’s Waldo?
“Ignorance of the law is no excuse” cuts both ways. If registrants can’t claim it when violating a presence ban, the government should not be allowed to claim it when thumbing their noses at our public information act requests.
Discover more from Florida Action Committee (FAC)
Subscribe to get the latest posts sent to your email.
It appears that they themselves don’t exactly know because the language is so broad and vague, and without an actual map, it’s up to their discretion of what ‘could’ be a violation, and even then it would be up to a court to decide in a questionable area.
When it comes down to it, everyone should have a map, whether online or on person.
Vehicles come with a speedometer,so you can drive within the speed limit and know when you’re not.
Ideally what should happen is that these fear-based “laws” should include some enforcement provision. To provide guidance to law enforcement. If a bill does not include enforcement guidelines – then it cannot be legally binding. I don’t think thats unreasonable. But I bet if this legal action wins then future “laws” will be given more thought. Otherwise…….
I’d like an itemized county by county accounting of every dollar related to the registry. Every dollar in and every dollar out, no matter how mundane or trivial. Including fees paid by probationers, parolees, incarcerated, etc.
Submit a FOIA Request for this info so they can reply timely with it. Be specific in your request and then track it. Be great data to use in an expose’.
Please take that on. I’ve been asking the state for that accountability and they never reply. This is one thing that you could take on for us. We Need people to take their ideas and make it happen. Please don’t rely on someone else to do the work. Each of us can do something towards our cause. This could be yours
My wife and I have been discussing this very matter for a few months now and trying to explain it to family and friends when we no longer visit or accompany them on simple outings to various locations. The new laws are so vague and the penalties are so steep that it really seems to just boil down to whichever police officer is on duty at the time and how they are feeling, or whichever municipality you happen to be in while traveling across the state or what not. We are taking all of this very seriously and not taking any chances. Basically, I feel like I’m on a polite form of house arrest. The entire State feels like a threatening minefield of vague laws that when enforced carry significant and life damaging punishments. My case was adjourned in 1997 and I was never convicted of any crime. I have been off of probation since 2002. I have never violated the terms of my probation or of any of the expanding rules applied to me on the registry in all of this time. And here I am 29 years later and there are new laws and punishments constantly being applied to me and my family. The least these people can do is give us some specific information. But they are not interested in being clear or even following the Constitution for that matter. They just dish out whatever they want and everybody just has to take it and accept it no matter how poorly written and unconstitutional it all ultimately is. And they certainly don’t care about the damage it caused to people like me or my family! I’ve heard people talk about the free state of Florida recently and it just makes me want to throw up. People have no idea what’s really going on. The only thing you’re free to do in this state is to get another job or sit and rush hour traffic somewhere.
When such new laws are enacted, the governing agency should be required to list them, with an address and provide the information to those threatened with consequences. Mindless laws are usually created by mindless people.
“Ignorance of the law is no excuse” cuts both ways. That is so very true. Another example of “rules for thee and not for me.”