Florida's Public Records Law provides for citizens to have a virtually unlimited access to the records of government. Chapter 119.07(1)(a) states that:
Every person who has custody of a public record shall permit the record to be inspected and examined by any person desiring to do so, at any reasonable time, under reasonable conditions, and under supervision by the custodian of the public record or his designee.
The peer review panel under s. 373.042, F.S. is requested to maintain all documents created by a panel member individually, or as a group, as a "Public Record". The following guidelines summarize the applicable legal standards.
I. What is a Public Record?
The definition of a public record in Chapter 119 is broad and all-inclusive. The statute reads as follows:
"Public records" include all documents, papers, letter, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business by any agency.
Stated another way:
"If the purpose of a document prepared in connection with the official business of a public agency is to perpetuate, communicate, or formalize knowledge, then it is a public record regardless of whether it is in final form or the ultimate product of an authority." Government in the Sunshine Manual, p. 61
Accordingly, any agency document or document prepared by a member or members of a governing board advisory body such as the peer review panel, however prepared, if seen by another for review, comment or information, is a public record regardless of whether it is an official expression of policy or marked "preliminary" or "working draft" or similar label. Examples of such materials would include telephone message slips, interoffice memoranda, preliminary drafts of the peer review report or proposals which have been submitted for review to anyone within or outside the agency, handwritten notes on a printed report and working drafts of reports which have been furnished to the District for review. Id.
II. How to maintain peer review panel public records.
Peer review panel members are requested to maintain a separate file of any documents as defined above, created by them individually or by the panel as a whole or received in connection with the peer review. This file will then be transmitted to the District upon completion of the peer review process. Materials in the file which are property of a panel member, such as a book, will be copied and the original returned to the panel member.
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