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Can a Florida Agency Refuse the Format of My Public Records Request?

Written by Adam Bair.

TL;DR: Florida public records request format rules are simple. If the agency keeps a record in the form you want, it must copy it that way. It does not have to make a new form for you, and it may charge more for a big job.

This guide covers what the law says, when an agency can say no, and what it can charge. It ends with the words to use in your request.

What does Florida law say about public records request format?

One rule does most of the work. Under section 119.01(2)(f), Florida Statutes, an agency must give you a copy in the medium you ask for. A medium is the form the record takes, such as paper, a PDF, or a spreadsheet.

The rule has a catch. It applies only if the agency keeps the record in that medium, and a lawful fee may apply. The Attorney General read the rule the same way in AGO 13-07.

An AGO is a written opinion from the Florida Attorney General. Courts do not have to follow one, but agencies often do.

Can an agency send a PDF when I asked for the original file?

Not if the agency keeps the original file. In one case, a requester asked a school board for emails and calendar entries in their own electronic form. The board sent PDFs.

The court ordered the board to send files that open in Outlook, the same way the board saw them. Bracci v. School Board of Lee County, Case 20-CA-5205 (Lee County Circuit Court, 2021).

The court did let the board use PDFs for the emails with parts blacked out. The Attorney General has said the same kind of thing. A typed transcript does not replace a copy of a computer disk in its first format (AGO 91-61).

An agency also cannot deny you a record just because the same facts exist in some other format. Miami-Dade County v. Professional Law Enforcement Association, 997 So. 2d 1289 (Fla. 3d DCA 2009).

A tip: an original file often holds hidden data, such as the date someone made it and its edit history. A PDF made from it may not, so ask for the original file if you want that data. For more, see electronic records and metadata.

Can an agency send me to its website instead?

Not if you asked for copies. In one case, an agency pointed to its website when someone asked for paper copies, and a court said no. Lake Shore Hospital Authority v. Lilker, 168 So. 3d 332 (Fla. 1st DCA 2015).

A web address or online portal is only an extra way to see records. An agency may offer one, but it does not have to, under section 119.07(2)(a). It cannot force you to use it in place of the copies you asked for.

There is one twist. For a request that covers thousands of pages, an agency may post the records on a web page (AGO 06-30). You must agree to that and pay the cost, and it can save you money.

When can an agency say no to the format I want?

When it does not keep the record that way

The law asks for records in some form that makes sense, not always the form you like best. Seigle v. Barry, 422 So. 2d 63 (Fla. 4th DCA 1982). So an agency does not have to reformat its records to suit you (AGO 08-29).

The court in Seigle gave an example. Say a health department keeps a list of dog bites by date. You cannot make it sort that list by area for you.

In the same way, a school district did not have to give out its electronic records in a new form. It could use the form it keeps each day (AGO 97-39).

When you ask for a new record or answers

The law lets you see and copy the records an agency already has. It does not require the agency to create a new record for you. Wootton v. Cook, 590 So. 2d 1039 (Fla. 1st DCA 1991).

An agency also does not have to dig through its files to answer your questions. Bivens v. Tony, 368 So. 3d 16 (Fla. 4th DCA 2023). Ask for the records that hold the answer instead.

The narrow exception for a special program

Seigle also named times when an agency may have to let you reach the data through a special computer program. You, or someone you pay, would make that program.

What can an agency charge for a different format?

Sometimes an agency chooses to use a medium it does not use each day. Or it may pull information together in a new way. Section 119.01(2)(f) says any fee for that must follow section 119.07(4).

That section allows a special service charge. Under section 119.07(4)(d), it applies only when the job takes extensive use of computer resources or staff help. Some use of a computer is not enough (AGOs 13-03 and 99-41).

The charge must be fair and based on the real cost to the agency. It may count a worker's pay and benefits. Board of County Commissioners of Highlands County v. Colby, 976 So. 2d 31 (Fla. 2d DCA 2008).

An agency does not have to use the rate of its lowest paid worker who could do the job. Trout v. Bucher, 205 So. 3d 876 (Fla. 4th DCA 2016). It may charge the labor cost it actually has.

For more, see the special service charge and how to push back on a high cost estimate.

How do I ask for a format in my public records request?

Name the format you want in plain terms. You can contact the records office in person, by phone, by mail, or by email. Here is a line you can add:

“Please send the records in the electronic form you keep them in, such as the original spreadsheet or email files. If you keep a record only on paper, please send a paper copy.”

Ask for a cost estimate before the agency does the work. For a full sample letter, see the Florida public records request letter.

Checklist if the agency balks at your format

  1. Did you name the format in your request? If not, send a short follow up that does.
  2. Ask the agency to tell you in writing if it does not keep the record in that form.
  3. If it points you to its website, remind it of the Lilker case and ask for copies.
  4. If it adds a special service charge, ask how it worked out the cost.

Frequently asked questions

Can a Florida agency refuse the format I ask for in a public records request?
Only if it does not keep the record in that format. If it does, section 119.01(2)(f) says it must give you a copy in that form.
Can a Florida agency send me a PDF when I asked for the original file?
Not if it keeps the original file. One Florida court ordered a school board to hand over emails that open in Outlook, not PDFs. Only the emails with blacked out parts could stay as PDFs.
Can a Florida agency point me to its website instead of giving me paper copies?
No. A Florida court said an agency broke the law when it pointed to its website instead of making paper copies.
Does the agency have to make a new report or list for me?
No. The law gives you the records the agency already has. It does not make the agency build a new record or answer questions.
Does asking for a different format cost extra?
It can. If the job takes extensive use of computer resources or staff time, the agency may add a special service charge. Section 119.07(4)(d) sets that rule.

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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.