Should Florida Citizens have an expectation of privacy? What, if any, are the limits for a code inspector to enter a property for inspection?
In 2015, the Suwanee Valley Transit Authority (a special district) requested an opinion from the Florida Attorney General regarding the following question: “Are sealed employment applications which were received…but rejected prior to the applications being opened public records subject to inspection and copying under section 119.07, Florida Statutes?”
The Florida Attorney General’s Office responded as follows:
“Job applications, like other personnel records, are public records made or received by the public agency in the usual course of business[1] and are subject to inspection and copying under section 119.07, Florida Statutes, once they are received. An agency may not ‘seal’ job applications or request that they be submitted as “sealed” records to foreclose public access.”
It’s important to remember that Florida Public Records law is extremely broad, and there are very few privacy protections for public employees like their counterparts in the private sector. In Florida, the public enjoys the right to access and inspect those records that show how their government operates.
Reference: FORMAL OPINION AGO 2015-10
Reference Link: https://www.myfloridalegal.com/ag-opinions/public-records-unopened-job-applications
Disclaimer: This information is being provided for general knowledge purposes. Florida Attorney General Opinions serve to provide legal advice on questions of statutory interpretation. The opinions of the Attorney General, however, are not law; they are advisory only and are not binding in a court of law. The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Readers of this website should contact their attorney to obtain advice with respect to any particular legal matter.
###