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Florida FOIA: Why Florida's Public Records Law Is Not FOIA

Written by Adam Bair.

TL;DR: There is no Florida FOIA. FOIA, the federal Freedom of Information Act, is for U.S. agencies, and the state has its own public records law. To get files from a sheriff, a city, a school board, or a state office, you use Chapter 119.

Is there a Florida Freedom of Information Act?

Not by that name. People search for a Florida Freedom of Information Act since FOIA is the word they know. The state's open records law is the Public Records Act, found in Chapter 119, Florida Statutes.

The right to see the files comes from the state constitution. The state also has a second open law, the Sunshine Law, for public meetings. That one is in Chapter 286.

Do I send a FOIA request in Florida?

Only if you want files from a U.S. agency. For a state, county, or city office in Florida, you send a public records request under Chapter 119. FOIA does not reach a sheriff, a city hall, a school board, or a state office.

A lot of first-time requesters type FOIA, since that is the word they know. The label does not change the law. Once you know which law fits, the rest of the steps are easy to follow.

What is FOIA?

FOIA is the federal Freedom of Information Act, found at 5 U.S.C. section 552. It gives the public a right to ask U.S. agencies for their files. An agency like the FBI has to follow it.

FOIA has its own exemptions, the rules that let an agency keep a record closed. Those rules bind U.S. agencies. They do not bind a state or local office.

What is the Florida public records law?

Two sources set the rules. The first is Article I, Section 24, of the Florida Constitution. It says each person may see and copy government records, a right of access that covers state and local government.

The second is Chapter 119, the Public Records Act. Section 119.01(1) sets the state's policy. State, county, and city files are open for any person to see and copy.

Section 119.011(12) covers material in any form, including records kept electronically. It counts if an agency made or got it “in connection with the transaction of official business.” Section 119.011(12), Fla. Stat.

The state Attorney General puts out the Government-in-the-Sunshine Manual. It walks through both laws, one topic at a time, with the court cases that back each rule.

Which law covers which agency?

The rule is simple. You pick the law by who holds the records you want.

Florida state, county, city, and district agencies

If you ask a state or local office, Chapter 119 is your law. Section 119.011(2) says an agency can be a state, county, district, or city unit of government. That takes in:

For a state agency or any of these, you file under Chapter 119. See which government bodies Florida's law covers.

Federal agencies in Florida

If you ask a U.S. agency, FOIA is your law. A U.S. office in Miami or Tampa is still part of the U.S. government. So a Chapter 119 request will not work there.

Private companies doing government work

Chapter 119 can also reach a private firm that acts on behalf of a public agency, under section 119.011(2). A firm that runs a service for a city may have to share its files on that work.

See when private companies must produce records for the test Florida courts use.

How is Florida's law different from FOIA?

You do not need a form or a reason

You may submit a request in person, by phone, or in writing. Chapter 119 does not let an office make you put it in writing. Dade Aviation Consultants v. Knight Ridder, Inc., 800 So. 2d 302 (Fla. 3d DCA 2001).

An office also may not make you fill out its own form first. Chandler v. City of Greenacres, 140 So. 3d 1080 (Fla. 4th DCA 2014). And you do not have to say why you want the files.

Response time

Chapter 119 sets no fixed number of days. The custodian of public records, the person in charge of them, must answer fast and in good faith. That rule is in section 119.07(1)(c).

The Florida Supreme Court held that the law allows only a short wait to find and redact a requested record. Tribune Co. v. Cannella, 458 So. 2d 1075 (Fla. 1984). See how long a Florida agency has to respond.

Fees

Public information is free to inspect unless a law authorizes a fee. Copies cost up to 15 cents for each page with print on one side, under section 119.07(4)(a)1.

A job that takes a lot of staff time can add a special service charge, which is an extra fee. See section 119.07(4)(d). For more, read what a Florida agency can charge and the special service charge trap.

Exemptions

Just because FOIA would shield a record does not mean the state law does. FOIA exemptions apply to U.S. agencies, not to state ones. Wallace v. Guzman, 687 So. 2d 1351, 1353 (Fla. 3d DCA 1997).

The state has its own list of exemptions, and you will find a lot of them in section 119.071. Courts read them in a narrow way. City of Miami Beach v. Miami New Times, LLC, 314 So. 3d 562 (Fla. 3d DCA 2020).

If just part of a record is exempt from public disclosure, the office must redact, or black out, that part. Then it must open the rest to public inspection, under section 119.07(1)(d).

It must also give the statutory basis, the law it relies on, under section 119.07(1)(e). Everything else stays subject to disclosure.

A list of withheld records

Under FOIA, a U.S. court has made agencies list each record they hold back and tell why. Vaughn v. Rosen, 484 F.2d 820 (D.C. Cir. 1973).

A state court would not use that rule for Chapter 119. Lorei v. Smith, 464 So. 2d 1330 (Fla. 2d DCA 1985). Still, if you ask, the custodian must explain in writing why a record is exempt, under section 119.07(1)(f).

Going to court

A Chapter 119 case goes to a state court. If an agency denies you access to public records, you may file a civil action, or lawsuit. A writ of mandamus, a court order that makes an official do a duty, is a common tool.

Before you sue, you must send the custodian a written notice of your request at least 5 business days ahead. Sections 119.12(1)(b) and (2) set this rule.

You may skip the notice if the office did not post its custodian's contact details as the statute says. See how to sue a Florida agency, the five-day notice, and attorney's fees in a Florida public records case.

When does federal law keep a Florida record closed?

Only when the two laws truly clash. Say a U.S. law bars the release of a record and clearly binds the state. Then the state must keep it closed.

This comes from the Supremacy Clause in Article VI of the U.S. Constitution. That clause makes a valid U.S. law win over a state law.

The First District Court of Appeal used this rule for Social Security numbers in a state list of teachers. Florida Department of Education v. NYT Management Services, Inc., 895 So. 2d 1151 (Fla. 1st DCA 2005).

School files are one more case. Section 1002.221(1) makes student files covered by the U.S. student privacy law, FERPA, exempt from disclosure in the state.

Files a state office gets from a U.S. agency can also stay closed. That is so if a lawful deal between the two requires it. Morris v. Whitehead, 588 So. 2d 1023 (Fla. 2d DCA 1991).

Some files held by a local official can even be federal records. One U.S. court found that a sheriff's emails, sent in his role on a U.S. agency board, were federal records. U.S. v. Story County, Iowa, 28 F. Supp. 3d 861 (S.D. Iowa 2014).

Common mistakes with the word FOIA in Florida

  1. “I need to file a FOIA request with the Florida sheriff.” You do not. The sheriff is a state and local office, so file under Chapter 119.
  2. “This Florida agency can use a FOIA exemption.” It cannot. Only the state's own exemptions apply to a state or local office.
  3. “Florida has a fixed deadline like FOIA.” It does not. The office must respond fast and in good faith.
  4. “I take my Florida records dispute to federal court.” A fight over Chapter 119 records goes to a state court, not a U.S. one.
  5. “The record has federal facts in it, so I need FOIA.” Not if a state office holds it for official business. The office may black out a part a U.S. law protects and give you the rest.

Frequently asked questions

Is there a Florida FOIA?
No. FOIA is a U.S. law for U.S. agencies. The state has its own law, Chapter 119, backed by Article I, Section 24, of the state constitution.
Can a Florida agency use a FOIA exemption to hold back records?
No. FOIA exemptions apply to U.S. agencies, not state ones. Wallace v. Guzman, 687 So. 2d 1351 (Fla. 3d DCA 1997).
What if I call my Florida request a FOIA request?
The law asks only that your request name the records clearly enough to find them. It does not ask for a form or set words. Still, if you cite Chapter 119, the right law is plain.
How long does a Florida agency have to respond?
Chapter 119 sets no fixed number of days. The office must answer you fast and in good faith. It may take only a short, fair time to find the files and black out the parts that are exempt.
When can federal law keep a Florida record closed?
Only when a U.S. law clearly binds the state and truly clashes with state law. One case dealt with Social Security numbers in a state list of teachers.

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