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Cape Coral Arrest Records

Are Arrest Records Public in Cape Coral, Florida?

Arrest records are public in Cape Coral, Florida, pursuant to Chapter 119 of the Florida Statutes, commonly known as the Florida Public Records Act. This legislation establishes that all records made or received by any public agency in the course of its official business are available for public inspection, unless specifically exempted by law. The statute ensures transparency in governmental operations, including those of law enforcement agencies operating within Cape Coral jurisdiction.

Members of the public may access these records regardless of citizenship status or purpose of the request. The Florida Constitution, Article I, Section 24, further reinforces this right by establishing that every person has the right to inspect or copy any public record made or received in connection with the official business of any public body, officer, or employee of the state, or persons acting on their behalf.

Certain exceptions do exist under Florida Statute § 119.071, which protects specific categories of information such as:

  • Active criminal intelligence information
  • Information regarding ongoing investigations
  • Personal identifying information of certain public officials
  • Records pertaining to juvenile offenders in some circumstances
  • Information that would compromise security measures

How to Look Up Cape Coral Arrest Records in 2025

Multiple methods are available for accessing arrest records in Cape Coral, with both in-person and digital options accessible to the public. Pursuant to Florida Statute § 119.07, public agencies must provide reasonable access to records promptly and at a reasonable cost. The following official channels are available:

  • Cape Coral Police Department Records Division
    1100 Cultural Park Boulevard
    Cape Coral, FL 33990
    (239) 574-3223
    Cape Coral Police Department
    Hours: Monday-Friday, 8:00 AM - 5:00 PM

  • Lee County Clerk of Court
    1700 Monroe Street
    Fort Myers, FL 33901
    (239) 533-5000
    Hours: Monday-Friday, 8:00 AM - 5:00 PM

  • Online Public Records Portal: The City Clerk's Office maintains an electronic public records request system where citizens may submit formal requests for arrest records.

  • Lee County Sheriff's Office Records Section
    14750 Six Mile Cypress Parkway
    Fort Myers, FL 33912
    (239) 477-1200
    Hours: Monday-Friday, 8:30 AM - 4:30 PM

Requestors should be prepared to provide specific information to facilitate the search, including the full name of the individual, approximate date of arrest, and date of birth if known. Pursuant to Florida Statute § 119.07(4), agencies may charge a reasonable fee for the duplication of records, not to exceed 15 cents per one-sided copy for duplicated copies of not more than 14 inches by 8½ inches.

Contents of a Cape Coral Arrest Record

Cape Coral arrest records contain standardized information as mandated by Florida law and local regulations. These official documents typically include the following elements:

  • Full legal name of the arrested individual and any documented aliases
  • Demographic information including date of birth, gender, race, and ethnicity
  • Physical descriptors (height, weight, eye and hair color, identifying marks such as tattoos or scars)
  • Official booking photograph ("mugshot")
  • Fingerprint classification and identification numbers
  • Arrest details including:
    • Date, time, and location of arrest
    • Arresting agency and officer identification
    • Statutory charges filed with corresponding Florida Statute citations
    • Narrative description of the alleged offense
  • Case disposition information (if available)
  • Bail or bond amount and conditions
  • Scheduled court appearances
  • Detention facility information

The comprehensiveness of these records is governed by Florida Statute § 119.021, which requires public agencies to maintain records in accordance with retention schedules established by the Division of Library and Information Services of the Department of State. The Cape Coral Code Compliance Division works in conjunction with law enforcement to ensure proper documentation of municipal code violations that may result in arrests.

Legal Framework for Public Access to Arrest Records

The legal foundation for public access to arrest records in Cape Coral is established through a comprehensive framework of state laws and local ordinances. This framework balances the public's right to information with privacy protections and operational necessities of law enforcement.

Florida's Government-in-the-Sunshine Law, codified in Chapter 286 of the Florida Statutes, works in conjunction with the Public Records Act to create one of the nation's most transparent government information systems. The City Laws, Codes, and Charter of Cape Coral further implement these state requirements at the municipal level.

Key legal provisions include:

  • Florida Statute § 119.01(1) establishes that "all state, county, and municipal records are open for personal inspection and copying by any person."
  • Florida Statute § 119.011(12) defines public records broadly to include "all documents, papers, letters, 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."
  • Florida Statute § 119.07(1)(a) requires custodians of public records to permit records to be inspected and copied by any person desiring to do so, at any reasonable time, under reasonable conditions.

The Cape Coral City Clerk, as the designated records custodian under municipal code, is responsible for ensuring compliance with these legal requirements for records maintained by the city.

Expungement of Arrest Records in Cape Coral

The expungement of arrest records in Cape Coral is governed by Florida Statute § 943.0585, which provides a legal mechanism for the court-ordered physical destruction of criminal history records held by criminal justice agencies. This process renders the arrest legally non-existent for most purposes.

Eligibility criteria for expungement include:

  • The arrest must not have resulted in a conviction
  • The applicant must not have been adjudicated guilty of any criminal offense or comparable ordinance violation
  • The applicant must not have previously secured an expungement or sealing of another criminal history record
  • The applicant must not be under court supervision for any criminal offense

The procedural requirements for expungement include:

  1. Obtaining a Certificate of Eligibility from the Florida Department of Law Enforcement
  2. Filing a petition for expungement with the court in the county where the arrest occurred
  3. Serving the petition on the State Attorney's Office and any arresting agency
  4. Attending a hearing if required by the court

Upon successful expungement, the arrest record is removed from public view, though certain government agencies retain limited access for specific purposes as outlined in Florida Statute § 943.0585(4). The Cape Coral City Clerk's Office can provide guidance on local procedures that supplement state requirements.

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