Do I Have to Give My Name to Request Public Records in Florida?
TL;DR: Do I have to give my name to request public records in Florida? No, and you do not have to say why you want them. An agency may ask, but it cannot make your name or your reason the price of the records.
This guide covers what a Florida agency can and cannot ask before it hands over public records. It also gives you words to use at the front desk.
Do I have to give my name to make a public records request?
No. Under Florida's public records law, section 119.07(1)(a), any person may see and copy public records. The right also comes from Article I, Section 24, of the Florida Constitution.
An agency may not make you give your name, address, or phone number unless a law requires it. The Attorney General said so in AGOs 92-38 and 91-76. An AGO is a written opinion from the Florida Attorney General.
An agency also may not ask about your background as a condition of access. Bevan v. Wanicka, 505 So. 2d 1116 (Fla. 2d DCA 1987). The law gives the same right to a well known person and to a stranger.
Do I have to say why I want the records?
No. One court put it this way: “An individual's reason for requesting a public record is irrelevant.” Barfield v. School Board of Manatee County, 135 So. 3d 560, 562 (Fla. 2d DCA 2014).
It does not matter if you want the records for a business, either. Microdecisions, Inc. v. Skinner, 889 So. 2d 871 (Fla. 2d DCA 2004). Your right to the records stays the same.
An agency may not hold back records or add steps just because it thinks you have a bad motive (Inf. Op. to Cook, May 27, 2011).
Keep in mind that misuse of a public record to harm or cheat someone is a crime. Sections 817.568 and 817.569 cover that.
Can I make a public records request anonymously?
Yes. In one case, a person asked a city for records by email and did not give a name. The city said to give an address or some other way to send a bill first.
The court said the city could not do that. It could have sent its cost estimate to that email, the same way it would mail one. Chandler v. City of Greenacres, 140 So. 3d 1080 (Fla. 4th DCA 2014).
One court found no law that makes an agency send records to a faceless email account. That holds until it is clear a real person stands behind it. Consumer Rights, LLC v. Union County, 159 So. 3d 882 (Fla. 1st DCA 2015).
Another court said an agency may take some care with an anonymous request. Citizens Awareness Foundation, Inc. v. Wantman Group, Inc., 195 So. 3d 396 (Fla. 4th DCA 2016). So use an email that reads like it belongs to a real person.
Can an agency make me use its form or put my request in writing?
No. Chapter 119 does not let an agency require a written request. Dade Aviation Consultants v. Knight Ridder, Inc., 800 So. 2d 302 (Fla. 3d DCA 2001).
You may ask in person, by phone, or in writing (AGO 80-57). The Chandler case also bars an agency from making you fill out its own form first. If the agency wants a paper trail, its own staff can fill out the form.
Records of the courts work a bit differently. They fall under a court rule, not Chapter 119, and a request to the courts must be in writing. Rule 2.420(m)(1) of the Florida Rules of General Practice and Judicial Administration sets that rule.
When does a statute require me to give my name?
Only when a law tells the custodian to get that from you before it releases the record. A custodian is the official in charge of the records, or a staff member that person names.
One example is the personnel file of a public school worker. Under section 1012.31(2)(f), the custodian keeps a log in the file of each person who looks at it. Some driver and vehicle records and some health records also have their own rules on who may get them.
Most records come with no rule like that. If an agency says yours does, ask which law it means.
If you want copies, you may have to pay the fee the law allows first, under section 119.07(4). The agency also needs a place to send them, and an email address can do that job.
What can I say if the agency asks for my name?
Stay calm and keep it short. Here is a script that works in person, on the phone, or in an email:
“I am making a public records request under Chapter 119. I would rather not give my name or a reason. Please tell me which law requires it, or go ahead with my request.”
If the staff member insists, ask to speak with the records custodian. The custodian may name someone else to handle your request, but must tell you who that is. Section 119.07(1)(b) sets that rule.
One caution. The law says an agency cannot demand your name. It does not stop an email header or other data from showing who you are.
What if the agency refuses my public records request?
An agency that holds back a record must state the basis of the exemption it relies on. It must also cite the statute that creates it, under section 119.07(1)(e). An exemption is a law that keeps a record, or part of it, from public disclosure.
If you ask, the custodian must also put the reasons in writing, with detail. Section 119.07(1)(f) sets that rule. Your name and your reason are not part of that test.
If the agency still will not budge, you have options. The Attorney General runs a free, voluntary mediation program for open government disputes, under section 16.60. You can also read what to do when a Florida agency ignores your request.
Related
- How to make a Florida public records request
- Florida public records request letter
- The Attorney General's mediation program
- What is a public record under Florida law
Frequently asked questions
- Do I have to give my name to request public records in Florida?
- No. Florida law opens public records to any person. An agency may not demand your name, address, or phone number unless a law requires it.
- Do I have to tell a Florida agency why I want public records?
- No. Your reason does not matter to your right to see the records. That is true even if you plan to use them in a business.
- Can I make a public records request anonymously in Florida?
- Yes. An agency may not make an anonymous requester give a home address first. It can send the cost estimate to your email instead.
- Can the agency make me fill out its own request form?
- No. The law does not require a form, and you do not have to write your request down. If the agency wants a written record, its own staff can fill out the form.
- What can I do if the agency still asks for my name?
- Ask which law requires it. If the agency holds back a record, it must name the exemption and cite the statute. If you ask, it must also put its reasons in writing.
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.