Home / Agency stalls and denials

Florida Attorney General Public Records Mediation: How It Works

Written by Adam Bair.

TL;DR: The Florida Attorney General runs a public records mediation program. Section 16.60 sets it up as a way to settle open government disputes. It is informal and voluntary, and it is an option you can try before you sue.

To reach the AG's office, call (850) 245-0140 or go to myfloridalegal.com. If the talks fail, you can still go to court.

What is the Florida Attorney General public records mediation program?

Section 16.60, Florida Statutes, sets up a mediation program within the AG's office. AG is short for Attorney General, the state's top lawyer. The program's job is to help settle open government disputes.

It is informal, no one has to take part, and it gives you a path other than a lawsuit. In mediation, a neutral person helps both sides talk and reach a deal, but it is not a trial.

The AG's office also writes the Government-in-the-Sunshine Manual, a guide to the state's open laws. Its site has answers to common questions. It can be a good place to start if you need assistance.

What does section 16.60 say about the program?

The law that sets up the program says a few more things. Any mediator it hires must be a member in good standing of The Florida Bar. That is section 16.60(3)(a).

The program adds to the AG's other powers and does not replace them, under section 16.60(4).

The AG also suggests new public records laws. It helps the Department of State train people on access, under section 16.60(3)(b) and (c).

There is no fee to use the program.

How do you reach the program?

The Sunshine Manual lists three ways to reach the AG's office about it.

When you reach out, name the public entity and the records you asked for. Give the date of your request and say what went wrong. Keep a copy of your request, each reply, and each e-mail you sent or got.

What open government disputes can it help with?

The law speaks of open government disputes. That takes in both of the state's open laws.

The first is the public records law, Chapter 119. It lets any person see and copy public records. The second is the Sunshine Law, Chapter 286, which is about public meetings.

Both rest on Article I, Section 24, of the Florida Constitution. It gives a right of access to public records and to public meetings.

Does the agency have to take part?

No, the program is voluntary, so it works only when both sides choose to talk.

If the other side will not talk, you still have your other tools. If an office says no, Chapter 119 lets you sue to see or copy the records.

Can a court send your case to section 16.60 mediation?

No, a judge may not send a mandamus case to mediation. Areizaga v. Board of County Commissioners of Hillsborough County, 935 So. 2d 640 (Fla. 2d DCA 2006).

A mandamus case asks a court to order an official to do a clear duty. Section 119.11(1) says the court must set an immediate hearing and put the case first. So if you want to try the AG's program, do it before you file.

What should you know before you try it?

The 5-day notice is its own step

Do you want fees if you later sue? Then send a written notice to the custodian of public records at the agency. It must reach the custodian at least 5 business days before filing, under section 119.12(1)(b).

The notice must be a separate written paper that names your request. Roldan v. City of Hallandale Beach, 331 So. 3d 348 (Fla. 4th DCA 2023).

A note to the AG's program does not take its place. See the five-day notice.

The record must be kept for 30 days

Say the custodian claims a record is not public. It still must keep the record for 30 days after your written request, under section 119.07(1)(h). If you sue in that time, it may not get rid of the record without a court order.

Once you serve a suit, the custodian may not move, change, or destroy the record until the court says so. That rule is in section 119.11(4). Keep these dates in mind if the talks drag on.

A long delay can be a refusal

An office must answer a request fast and in good faith, under section 119.07(1)(c). A delay with no good reason can count as an unlawful refusal. Lilker v. Suwannee Valley Transit Authority, 133 So. 3d 654, 655 (Fla. 1st DCA 2014).

What can't the program do for you?

It does not award fees. Under section 119.12(1), a court awards fair costs and fees only when you sue. Even then, the office must have refused the records unlawfully, and you must have sent the notice in time.

It does not award money for harm. A suit does not either, since section 119.12(4) says the law gives no right to money damages.

It does not decide if a record is exempt from disclosure. In a suit, a judge decides that. For some exemptions, the judge must first look at the record in private, under section 119.07(1)(g).

What if the talks do not work?

You can still go to court. Read how to sue a Florida agency and how fees work.

If the office never wrote back at all, see what to do when an agency ignores your request. If it set a high price, see the special service charge trap.

Frequently asked questions

What is the Florida Attorney General public records mediation program?
It is an informal, voluntary program in the AG's office. Section 16.60, Florida Statutes, sets it up as a way to settle open government disputes.
How do I reach the program?
Call (850) 245-0140 or visit myfloridalegal.com. You can also write to the AG's office at PL-01, The Capitol, in Tallahassee, Florida 32399-1050.
Does the agency have to take part?
No, the program is voluntary, so it works only if both sides choose to talk.
Can a judge send my public records lawsuit to mediation?
No, a circuit court may not send a mandamus case to mediation.
Does a request for mediation count as the 5-day notice?
No. The notice must go in writing to the custodian at the agency, 5 business days before you file. Send it on its own.
Can mediation get me attorney fees?
No. A court awards fees under section 119.12 only when you sue and pass the tests in that section.

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.