Can the AG mediator force a Florida agency to produce records?

No. Mediation is voluntary on both sides. The mediator encourages a settlement; the mediator does not issue orders. Section 16.60(1), F.S.

Does using the AG mediator give up my right to sue under Chapter 119?

No. The program is "supplemental to, not a substitution for, the other powers given to the Attorney General by law." Section 16.60(4), F.S. The right to sue under Chapter 119 stays with you.

Who runs the Florida public records mediation program?

The Office of the Attorney General. The mediators are members of The Florida Bar. Section 16.60(2), F.S.; Section 16.60(3)(a), F.S.

Will mediation help me recover attorney's fees?

No. Mediation does not create a fee award. Fees can be awarded only in a civil action under Section 119.12, F.S., and only when the requester served the required five-business-day pre-suit notice and the court finds the agency unlawfully refused.

If I have already filed a mandamus petition, will the judge send the case to mediation?

No. A circuit court cannot refer an extraordinary writ such as mandamus to mediation. Areizaga v. Board of County Commissioners of Hillsborough County, 935 So. 2d 640 (Fla. 2d DCA 2006).

Home / Agency stalls and denials

The AG Mediation Program for Florida Public Records Disputes

Written by Adam Bair.Published July 20, 2026Updated July 20, 2026

TL;DR: Florida has a free public records mediation program inside the Attorney General's office. It was set up by Section 16.60, F.S. A Florida Bar member acts as a neutral. The program is voluntary on both sides. The agency does not have to participate. The mediator does not order the agency to hand over the records. The point is to break the stall by talking. The program is supplemental. It does not replace the right to sue the agency under Chapter 119.

Does Florida have a free way to resolve public records disputes?

Yes. Section 16.60, F.S., creates a public records mediation program inside the Office of the Attorney General. The statute defines mediation as “a process whereby a neutral third person, called the mediator, acts to encourage and facilitate the resolution of a dispute between two or more parties.” Section 16.60(1), F.S. The program is real, it sits inside the AG's office, and it is built on the standard voluntary mediation model. There is no filing fee and no fee for the mediator.

What is the Florida AG public records mediation program?

The program is a statewide service, not a county-by-county patchwork. Section 16.60(2), F.S., places it “within the Office of the Attorney General.” One statewide program handles all requests. The Florida AG's office runs it.

The AG Sunshine Manual flags the program at Part II.H.1 as the first listed remedy under Chapter 119. The manual gives the contact path: “The Office of the Attorney General, PL-01, The Capitol, Tallahassee, Florida 32399-1050; telephone (850) 245-0140; or you may visit the Office of the Attorney General website: www.myfloridalegal.com.” Check myfloridalegal.com for the current contact path before you write.

The program is also intended to give the AG useful pattern data. Section 16.60(3)(b), F.S., directs the AG to recommend needed legislation governing access to public records. Section 16.60(3)(c), F.S., directs the AG to assist the Department of State in preparing training seminars on public records access. The AG sees many disputes and is a natural neutral for this kind of work.

Who runs the program and who pays for it?

The Office of the Attorney General runs it. Section 16.60(3)(a), F.S., requires that any mediator employed by the program be “a member in good standing of The Florida Bar.” The neutral is a licensed Florida lawyer, not the agency's lawyer and not yours. There is no fee to you for using the service.

When should I use the AG mediator instead of suing?

Good fits

The mediator works best when the dispute is about how the agency will produce records, not whether it will at all. Strong fits include:

A clerk asking for an unreasonably broad search description before beginning work.
An agency proposing a special service charge the requester believes is inflated. Disputes like this are exactly what the program is designed to break. See our article on the special service charge trap for background on how those disputes arise.
A dispute about whether redactions were too aggressive.
A format dispute, such as whether the agency must provide records in a native electronic format under Section 119.01(2), F.S., rather than only as PDF printouts.

In each of these, the mediator can shrink the disagreement and move the agency off a stall without either side paying a filing fee.

Bad fits

The mediator is a poor choice in three situations.

The agency has not acknowledged the request and is simply silent. A mediator cannot force the agency to show up to a session.
The dispute is about a hard statutory exemption, such as active criminal investigative information or sealed records. The mediator does not declare records public or exempt. That call belongs to a court.
You are on a fee-shifting clock. If you plan to sue and want to recover attorney fees, you need to serve the five-business-day pre-suit notice under Section 119.12(1), F.S., before you file. A mediation request is not that notice. Waiting for mediation while that deadline runs can cost you the fee lever. See our article on the 5-day notice trap for details.

How do I ask for AG mediation on a Florida public records dispute?

Three steps.

Send a short letter or email to the AG public records mediation program at the address or phone number above, or use the current contact form at myfloridalegal.com.
Attach a copy of your original public records request, the agency's response if any, and any written back-and-forth between you and the agency.
Identify the agency, the records you requested, and the specific dispute you want mediated. The more precisely you describe the sticking point, the faster the mediator can work.

What happens after I ask?

If the agency agrees to mediate

The mediator will contact the agency and set up a call or session. The mediator facilitates the conversation; the mediator does not decide the outcome. If both parties reach an agreement, the deliverable is that agreement. The agency might promise to produce records, narrow a cost estimate, or process redactions a certain way. There is no court order at the end. The agreement stands on the parties' word, not a judgment.

If the agency refuses

The mediator will tell you. The program is voluntary on both sides. If the agency will not come to the table, the mediation off-ramp closes and you are back to the civil enforcement track under Chapter 119.

Does using the mediator wreck my right to sue or to recover attorney's fees?

Using the mediator does not bar a later civil action. Section 16.60(4), F.S., says the program is “supplemental to, not a substitution for, the other powers given to the Attorney General by law.” Your right to sue the agency for a writ of mandamus under Chapter 119 stays with you.

The fee-shifting caution is real, though. If you want attorney fees under Section 119.12, F.S., you need to serve the five-business-day pre-suit notice before you file. A mediation request is not that notice. If you are heading toward suit and want the fee lever, serve the five-day notice in parallel or before turning to the mediator, not after. See our article on attorney's fees in a Florida public records case for the full fee-shifting mechanics.

What this program is not

The AG mediation program does not:

Issue subpoenas or order the production of records.
Declare records public or exempt from disclosure.
Award attorney's fees or costs to either party.
Award monetary damages. Section 119.12(4), F.S., is clear that Chapter 119 does not create a private right of action for monetary damages. That limit applies whether you mediate or sue.
Substitute for the five-day pre-suit notice. If you need fee shifting, serve the notice separately.

One procedural point worth knowing: if you have already filed a petition for writ of mandamus, the trial judge cannot refer the case to mediation against your will. Circuit courts may not order extraordinary writs into mediation. Areizaga v. Board of County Commissioners of Hillsborough County, 935 So. 2d 640 (Fla. 2d DCA 2006), review denied, 958 So. 2d 918 (Fla. 2007).

Frequently asked questions

Does Florida have free mediation for public records disputes?: Yes. Section 16.60, F.S., creates a public records mediation program inside the Office of the Attorney General. A Florida Bar member acts as the neutral. There is no fee.
Can the AG mediator force a Florida agency to produce records?: No. Mediation is voluntary on both sides. The mediator encourages a settlement; the mediator does not issue orders. Section 16.60(1), F.S.
Does using the AG mediator give up my right to sue under Chapter 119?: No. The program is "supplemental to, not a substitution for, the other powers given to the Attorney General by law." Section 16.60(4), F.S. The right to sue under Chapter 119 stays with you.
Who runs the Florida public records mediation program?: The Office of the Attorney General. The mediators are members of The Florida Bar. Section 16.60(2), F.S.; Section 16.60(3)(a), F.S.
Will mediation help me recover attorney's fees?: No. Mediation does not create a fee award. Fees can be awarded only in a civil action under Section 119.12, F.S., and only when the requester served the required five-business-day pre-suit notice and the court finds the agency unlawfully refused.
If I have already filed a mandamus petition, will the judge send the case to mediation?: No. A circuit court cannot refer an extraordinary writ such as mandamus to mediation. Areizaga v. Board of County Commissioners of Hillsborough County, 935 So. 2d 640 (Fla. 2d DCA 2006).

Not legal advice. Educational and informational content only. Reading this site does not create an attorney-client relationship. For advice on a specific matter, consult a licensed Florida attorney.