Florida Public Records Inspection vs. Copying: Chapter 119 Rules
TL;DR: Florida public records inspection is free in most cases. You have a right to look at records, and a right to get copies. Copies cost a small fee the law sets, so look first and copy only what you need.
This guide explains both rights, what each one costs, and how to ask for each. It also covers taking photos of records and looking at meeting minutes.
What do the Florida Statutes say about public inspection of records?
The law gives you two rights that sit side by side. Under section 119.01(1), Florida Statutes, any person may look at and copy state, county, and city records.
Section 119.07(1)(a) puts that duty on each person who has custody of a record. That person must let you inspect and copy it at any reasonable time, under reasonable conditions.
A second source of the right is Article I, Section 24, of the Florida Constitution. Any member of the public may choose to inspect, to get copies, or both.
Is Florida public records inspection free?
Yes, in most cases. The state's top lawyer has said access to records is a duty, not a way to make money (AGO 85-03). An AGO is a written opinion from the Florida Attorney General.
Public records must be open for inspection at no charge unless a law says so. State ex rel. Davis v. McMillan, 38 So. 666 (Fla. 1905). An agency may only charge the fees a statute authorizes (AGOs 84-03 and 76-34).
It does not matter if the record is a tape and not a paper file. The same rule on fees for inspection applies to both (AGO 75-50).
When can inspection cost money?
There is one main exception, the special service charge in section 119.07(4)(d). It applies when a request needs extensive use of computer resources or staff help.
That charge can apply to a request to inspect, not just to a request for copies. Board of County Commissioners of Highlands County v. Colby, 976 So. 2d 31 (Fla. 2d DCA 2008). It must be fair and based on the real cost to the agency.
The agency must assess each case on its facts, not add the charge by routine (AGO 00-11). It is hard to justify the charge if the employee does usual work at the same time.
The Attorney General urges each agency to adopt a written procedure for this charge (AGO 13-03). For more, see the special service charge.
What conditions can an agency set on inspection?
The custodian may adopt fair regulations that keep the records safe from harm or change. But those rules cannot be a way to block or delay your review. Wait v. Florida Power & Light Co., 372 So. 2d 420 (Fla. 1979).
In one case, a county made a requester come in, go through the records, and mark them. It then made her wait for a cost quote, pay, and wait again for the mail.
The court said those extra hoops broke the law. Orange County v. Hewlings, 152 So. 3d 812 (Fla. 5th DCA 2014).
An office also may not make you use a code to read its records. A city could not make people use a code to review emails of its police department (AGO 05-12).
Can an agency limit the hours for inspection?
An office may limit your visit to the hours it is open. But one office let people look only from 8:30 to 9:30 in the morning, with a day's notice.
The court said that broke the law. Lake Shore Hospital Authority v. Lilker, 168 So. 3d 332 (Fla. 1st DCA 2015). The Attorney General has said the same about set time windows (AGO 81-12).
How much can a Florida agency charge for copies?
Unless another statute sets a fee, section 119.07(4)(a)1. caps the cost of a one-sided copy at 15 cents. That applies to pages up to 14 by 8.5 inches.
- A two-sided copy may cost 5 cents more, under section 119.07(4)(a)2.
- A certified copy may cost up to $1, under section 119.07(4)(c).
- Other copies cost the actual cost of the copy, under section 119.07(4)(a)3.
Under section 119.011(1), “actual cost” covers only what the agency spends on paper, toner, discs, and other supplies. It does not include labor or overhead. For a certified copy, the custodian signs or stamps it to certify that it is a true copy.
There is one exception, under section 119.07(4)(b). County officers who supply copies of county maps or aerial photos may add a fair charge for labor and overhead.
What about email? The office may charge the real cost of a copy it sends by email. But in AGO 13-03, the agency showed no such cost, and labor does not count.
Can I take photos of public records during an inspection?
Yes. Section 119.07(3)(a) lets you see a record for the purpose of taking photos while the custodian has it. This provision covers photos taken with a camera or a phone.
You take the photos in the room that holds the records, under section 119.07(3)(d). If that will not work, the custodian picks a room as close as possible, and you pay for that space.
In that case, the custodian may charge for watching over you, but not the usual copy fees (AGO 82-23). In one case, an hourly copy fee plus an hourly fee for staff to watch broke the law. Board of Trustees, Jacksonville Police & Fire Pension Fund v. Lee, 189 So. 3d 120 (Fla. 2016).
Why does inspection vs. copying matter?
The right to look at a record carries the right to copy it. Fuller v. State ex rel. O'Donnell, 17 So. 2d 607 (Fla. 1944). So you can look at a large file the office maintains first, and then determine which pages you need.
That can save real money. Say a file has 500 pages and you only need 30 of them. At 15 cents a page, that is $4.50 for copies, not $75.
For the full list of fees, see what an agency can charge for copies.
Are meeting minutes open to public inspection?
Yes. Under section 286.011(2), Florida Statutes, a public board or commission must write up its minutes promptly. Those minutes must be open to public inspection.
That rule covers workshop meetings too (AGOs 08-65 and 74-62). A city also could not keep minutes from the public until its commission voted on them. Grapski v. City of Alachua, 31 So. 3d 193 (Fla. 1st DCA 2010).
How do I ask for an inspection of Florida public records?
Say up front that you want to inspect, for example, a police report or a contract. You may ask in person, by phone, or in writing. Here is a line you can use:
“I would like to inspect these records at your office. After I look, I will tell you which pages I want copied. I will pay the fee the law allows for those copies.”
Ask for a cost estimate before any work starts, and check on the status of your request. If the office asks for a fee just to look, ask which statute allows it. For more help, see how to push back on a high estimate.
What happens if an official blocks a lawful inspection?
A public officer who breaks Chapter 119 commits a noncriminal infraction. The fine can be up to $500, under section 119.10(1)(a).
An officer who knowingly breaks section 119.07(1) faces more. Under section 119.10(1)(b), that officer may face suspension and removal from office, and a criminal charge.
That charge is a first degree misdemeanor, punished as sections 775.082 and 775.083 provide. You can also bring a civil action, and a court can order the agency to let you inspect. See penalties for breaking the public records law.
Frequently asked questions
- Is public inspection of Florida public records free?
- Yes, in most cases. An agency may charge you to look at a record only if a law allows it. The main one is the special service charge for a big job.
- How much do copies of Florida public records cost?
- Up to 15 cents a page for a one-sided copy, and 5 cents more for two sides. A certified copy costs up to $1. Other copies cost what the agency pays for the material.
- Can I look first and then pay for copies of only some pages?
- Yes. The law gives you the right to inspect and the right to copy. You can look at the records and then ask for copies of the pages you want.
- Can I take photos of public records with my phone?
- Yes. Section 119.07(3)(a) gives you the right to photograph public records while the custodian has them. You take the photos in the room that holds the records, if you can.
- Can an agency charge for emailing me a record?
- It may charge the actual cost of the copy. But in AGO 13-03, the agency showed no such cost for email, and labor does not count.
Related articles
- How much can a Florida agency charge for public records?
- The special service charge
- How to push back on a high cost estimate
- Can a Florida agency refuse the format of my request?
- Florida public records request letter
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.