Home / Fees and timing

How Long Does a Florida Agency Have to Respond to a Public Records Request?

Written by Adam Bair.

TL;DR: How long does a Florida agency have to respond to a public records request? There is no set number of days, but the custodian must answer you promptly and in good faith. After that, the agency gets only a short, fair time to find the files and black out the exempt parts.

A wall clock next to a stack of unanswered government request letters on a wooden desk, representing the passage of time without response.
Florida uses a reasonable time standard, not a fixed clock. What counts as reasonable depends on the request.

This guide explains what a reasonable time means under the Florida public records law. It also shows what counts as a stall and how to keep a paper trail.

Is there a deadline to answer a public records request in Florida?

Chapter 119 does not give a public agency a set number of days to fill a public records request. You will not find a 10-day rule or a 24-hour rule in the Public Records Act.

The statutory rule is in Section 119.07(1)(c). The custodian is the official who keeps the records. The custodian, or a helper, must acknowledge each request promptly and respond in good faith.

Some guides online talk about a 10-day rule. That rule does not come from Chapter 119, so do not count on it here.

How long does a public records request take?

How long a public records request takes depends on what you ask for and how much review it needs. A request for one short report can move fast. A request for years of email from many staff can take much longer, since each page needs review.

Courts judge each case on its own facts. The law “demands prompt attention and a reasonable response time, not the quickest-possible response.” Siegmeister v. Johnson, 240 So. 3d 70, 74 (Fla. 1st DCA 2018).

In that case, the reply took two weeks to reach the requester. The court found that the office had not held back the records on purpose or without a good reason.

When can a Florida agency delay a public records request?

In Promenade D'Iberville, LLC v. Sundy, 145 So. 3d 980, 983 (Fla. 1st DCA 2014), the court named three reasons. The custodian may take the time it needs for these steps:

Past that, the law gives only a short, fair time to pull the record and black out the exempt parts. Tribune Co. v. Cannella, 458 So. 2d 1075, 1078 (Fla. 1984).

What delays does the Florida public records law forbid?

An agency may not adopt a rule that makes every request wait a set time. The Florida Supreme Court said no to that kind of automatic delay. Tribune Co. v. Cannella, 458 So. 2d 1075, 1078 (Fla. 1984).

Courts and the Attorney General have turned down these stalls, among others:

A quick first reply does not settle the matter either. In Hewlings v. Orange County, 87 So. 3d 839 (Fla. 5th DCA 2012), the county replied fast by voicemail. The court still had to ask if its 45-day wait to hand over the records had a good reason.

When does a delay turn into an unlawful refusal?

A delay with no good reason counts as an unlawful refusal under Section 119.12. Lilker v. Suwannee Valley Transit Authority, 133 So. 3d 654, 655 (Fla. 1st DCA 2014).

But a slow answer on its own does not prove a violation. The court asks whether the delay had a good reason on the facts of that one request. Consumer Rights, LLC v. Union County, 159 So. 3d 882, 885 (Fla. 1st DCA 2015).

In one case, a county handed over a record three months after the ask and two weeks after the suit. Consumer Rights, LLC v. Bradford County, 153 So. 3d 394, 398 (Fla. 1st DCA 2014). The trial judge should have held a hearing on that delay, not thrown out the case.

In another, a board missed one set of minutes in a busy election year, during the pandemic. It sent them as soon as it found the gap, and the court held the delay was fair. Jackson v. City of South Bay, 358 So. 3d 18 (Fla. 4th DCA 2023).

Does a late handover end your case?

Records that show up after you sue do not end the case, and you may still seek fees. Mazer v. Orange County, 811 So. 2d 857, 860 (Fla. 5th DCA 2002).

Records sent on the eve of the hearing also do not cure a delay that had no good reason. The court said so in the Promenade case, 145 So. 3d at 984.

A practical follow-up timeline you can use

A desk calendar with red circles marking Day 7, Day 14, and Day 30 to represent the public records follow-up schedule.
A written follow-up at one week, escalation at two weeks, and escalation notice at four weeks is a defensible cadence.

The law sets none of these dates. They are a habit that builds a clean record, so change them to fit the size of your own request.

Day 0 to Day 5

Send the request and note the date. Email works well, since it stamps the time for you and gives you a copy of what you sent.

Chapter 119 does not make you put a request in writing, but a written request leaves a clear trail. Dade Aviation Consultants v. Knight Ridder, Inc., 800 So. 2d 302, 305 n.1 (Fla. 3d DCA 2001).

Day 5 to Day 14

If you hear nothing in a week, send a short and polite follow-up. Point to the first request and the date you sent it. Ask for the status, a likely date, and the name of the person who handles it.

The custodian may hand the job to someone else on staff. If so, Section 119.07(1)(b) says the agency must tell you who that person is.

Day 14 to Day 30

If the follow-up brings no answer, write to the records office or to a supervisor. Attach the first request and each follow-up, with the dates on each one.

Beyond Day 30

If the wait drags on with no reason given, you have two main paths. The Attorney General runs a free and voluntary program under Section 16.60 to mediate open government disputes. The other path is a lawsuit, and Section 119.11(1) gives these cases an immediate hearing.

To seek fees, give the custodian separate written notice of the request at least 5 business days before you sue. Section 119.12(1)(b); Roldan v. City of Hallandale Beach, 331 So. 3d 348 (Fla. 4th DCA 2023).

Each step is in the guide on what to do when a Florida agency ignores your public records request.

How to document delay so it counts later

Keep every message about the request in one folder. That means the request, each follow-up, each reply, and the date of each one.

If you talk to the agency by phone, send a short email after the call. Sum up what each side said, so the talk turns into a dated record.

This file matters if you end up in court. The judge has to decide whether the delay had a good reason, and your dated notes show the whole timeline.

What does a fair delay look like next to a stall?

An email inbox showing one outgoing public records request and a chain of unanswered follow-up messages.
An acknowledgment is not production. An agency that says it is working on the request and then sits is still on the clock.

A fair delay looks like steady work. The agency says the request is large, gives an estimate, and sends records in batches as it goes.

A stall looks different. The agency goes quiet after the first reply, or it hands over the records only once you sue.

Unsure which one you face? Read the guide on what to do after a Florida public records denial.

Frequently asked questions

Is there a deadline for a Florida agency to respond to a public records request?
Chapter 119 sets no fixed number of days for a reply. Under Section 119.07(1)(c), the custodian must acknowledge your request promptly and respond in good faith.
What is a reasonable time for a Florida public records request?
It turns on the size of the request and how much review it needs. The law wants prompt attention, but it does not demand the fastest reply a clerk could give.
Can I sue a Florida agency for delay alone?
Yes, if the delay had no good reason. A court can treat that kind of delay as an unlawful refusal under Section 119.12. Send the separate 5-day written notice first if you want to seek fees.
Is there a 10-day rule for public records in Florida?
Chapter 119 has no 10-day rule and no 24-hour rule. The test is a reasonable time based on the facts of your own request.
Can an agency make every request wait a set time?
A rule that holds back every request for a set time breaks the law. The Florida Supreme Court said so in Tribune Co. v. Cannella, 458 So. 2d 1075 (Fla. 1984).
How often should I follow up on a slow request?
The law sets no schedule for this. A note after one week and a letter to a supervisor after two weeks keeps a dated trail.

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.