Arrest records are public in Homestead, Florida, pursuant to Chapter 119 of the Florida Statutes, commonly known as the Florida Public Records Act. This legislation establishes that all government records, including arrest records, shall be open for personal inspection by any person unless specifically exempted by law. The public nature of these records serves multiple governmental purposes, including maintaining transparency in law enforcement operations, facilitating community oversight, and upholding principles of governmental accountability. Members of the public may access these records regardless of their purpose or relationship to the arrested individual, as Florida law does not require requestors to identify themselves or state a reason for their request.
Multiple official channels exist for members of the public seeking to obtain arrest records in Homestead. The City of Homestead maintains several access points in compliance with Florida Sunshine Laws:
Homestead Police Department Records Division: Citizens may request arrest records in person at the Records Department located within the Homestead Police Department at 45 NW 1st Avenue, Homestead, FL 33030. The Records Division is open Monday through Friday from 8:00 AM to 5:00 PM. Requestors should be prepared to provide identifying information about the subject of the search, such as full name and date of birth.
Online Public Records Portal: The Homestead Police Department maintains an electronic records system where certain arrest information can be accessed remotely. This service is available 24 hours per day, though processing times may vary.
Miami-Dade County Clerk of Courts: For cases that have proceeded to court, records may be obtained through the Miami-Dade County Clerk of Courts at 73 West Flagler Street, Miami, FL 33130. Their public counter operates Monday through Friday from 9:00 AM to 4:00 PM.
Written Requests: Pursuant to §119.07(1)(a), Florida Statutes, citizens may submit written requests for arrest records to the Homestead Police Department. Such requests should be addressed to: Records Custodian, Homestead Police Department, 45 NW 1st Avenue, Homestead, FL 33030. The department can be reached by telephone at (305) 224-5545.
Standard arrest records maintained by the Homestead Police Department contain comprehensive information as mandated by Florida Administrative Code 11C-4. These records typically include:
It should be noted that certain information may be redacted from public arrest records in accordance with §119.071, Florida Statutes, which provides exemptions for confidential information such as social security numbers, information related to ongoing investigations, and details concerning certain protected classes of individuals.
Florida law provides mechanisms for the expungement or sealing of arrest records under specific circumstances as outlined in §943.0585 and §943.059, Florida Statutes. The expungement process in Homestead follows state guidelines and requires:
The formal process requires submission of an application to the Florida Department of Law Enforcement (FDLE), followed by filing a petition with the court of original jurisdiction. The Miami-Dade County Courthouse, located at 73 West Flagler Street, Miami, FL 33130, processes these petitions for Homestead arrests. Applicants must obtain a Certificate of Eligibility from FDLE before proceeding with court filings.
Upon judicial approval of an expungement petition, all records pertaining to the arrest are removed from public access. Law enforcement agencies, including the Homestead Police Department, are required to physically destroy or electronically protect such records from public disclosure. However, expunged records remain available to criminal justice agencies under limited circumstances specified in §943.0585(4), Florida Statutes.
While arrest records are generally public in Homestead, Florida law establishes several categories of protected information. Pursuant to §119.071, Florida Statutes, the following information is exempt from public disclosure:
Additionally, federal laws including the Health Insurance Portability and Accountability Act (HIPAA) may restrict the release of medical information contained within arrest records. The Homestead Police Department Records Division is responsible for reviewing and redacting protected information prior to releasing arrest records to the public.
The City of Homestead assesses reasonable fees for the reproduction of arrest records in accordance with §119.07(4), Florida Statutes. Current fee schedules for common record requests include:
Payment may be made by cash, credit card, or money order payable to the City of Homestead. Fee waivers are not typically granted except in cases of demonstrated indigence as provided by Florida law. The Homestead Police Department Records Division can provide current fee information by telephone at (305) 224-5545.