How Much Can a Florida Agency Charge for Public Records? Fees Under Section 119.07(4) of the Public Records Law
TL;DR: How much can a Florida agency charge for public records? Looking at records is mostly free, and a plain copy costs no more than 15 cents a page. The agency may bill staff time only when a request needs extensive work, and only at its real cost.
This guide walks through each fee the law allows. It shows where the copy fee ends, where the special service charge starts, and how to spot a padded bill.
What does Florida's public records law say about fees?
Article I, Section 24 of the Florida Constitution gives each person a right to see and copy public records. Those are files an office made or received for its official business. Chapter 119, the Public Records Act, puts that right to work, and Section 119.07(4) sets the fees.
Handing out records is a duty, not a way to make money, says AGO 85-03. So public agencies may charge only the fees a law allows, per AGOs 84-03 and 76-34.
Is it free to inspect public records in Florida?
You can look at public records for free unless a law says otherwise. State ex rel. Davis v. McMillan, 38 So. 666 (Fla. 1905).
The custodian is the official in charge of the records. Under Section 119.07(1)(a), the custodian must let you inspect them at any reasonable time and on fair terms. Section 119.07(3)(a) also lets you take your own photos of a record while it stays with the custodian.
There is one catch. If the job needs extensive staff or computer work, the agency may add a fee even to look. Board of County Commissioners of Highlands County v. Colby, 976 So. 2d 31 (Fla. 2d DCA 2008).
This helps when a copy bill looks big. You can look first, then pay for copies of only the pages you need. See the guide on inspection versus copying.
What are the per-page caps for public record copies?
What does a one-sided page cost?
If no other law sets a fee, Section 119.07(4)(a)1 caps a one-sided copy at 15 cents. That covers pages up to 14 by 8 1/2 inches, which means letter and legal size.
What about two-sided copies and other sizes?
For a two-sided copy, the agency may add no more than 5 cents, under Section 119.07(4)(a)2. Other copies, such as a big map or a disc, cost the actual cost of duplication. Section 119.07(4)(a)3 sets that rule.
What does a certified copy cost?
A certified copy can cost up to $1 per copy under Section 119.07(4)(c). If you do not need the seal, ask for plain copies and pay the lower rate.
What does "actual cost of duplication" mean?
Section 119.011(1) defines it as the cost of the paper, disks, and other supplies used to make the copy. It leaves out labor and overhead, so the agency cannot fold staff time into a copy fee.
The exception is county maps and aerial photos from county officers. For those, Section 119.07(4)(b) lets the officer add a fair charge for labor and overhead.
What does an agency charge for electronic records?
If the agency keeps a record in the form you want, it must give you that form. It may charge only what Chapter 119 allows, under Section 119.01(2)(f).
For an email copy, the fee is the actual cost of duplication, and there may be none at all. In AGO 13-03, an agency that sent records by email could point to no real copy cost.
Sometimes the agency picks a form it does not usually use, or builds a new report for you. The fee for that work must still follow Section 119.07(4).
When can the agency bill staff time? The special service charge
Section 119.07(4)(d) allows a special service charge on top of the copy cost. It applies when the volume or kind of records requested calls for extensive staff help. It also applies when the job needs extensive use of information technology resources.
The charge must be reasonable and must match what the work truly cost the agency. The key word is extensive, so routine finding and copying does not count.
The statute does not define extensive, as AGO 13-03 notes. The Attorney General urges each office to use the charge without cutting into the right of access.
Courts watch for padded bills. One court sent back a charge of over $4,000 so the agency could explain its size. Carden v. Chief of Police, 696 So. 2d 772, 773 (Fla. 2d DCA 1996).
The Florida Supreme Court has also warned that padded charges keep people from records they have a right to see. Board of Trustees, Jacksonville Police & Fire Pension Fund v. Lee, 189 So. 3d 120, 129 (Fla. 2016).
If the agency adds this charge, ask in writing who does the work, the hourly rate, and the hours. For more, see the special service charge trap in Florida public records.
Can the agency charge to check records for an exemption?
As a rule, an agency may not charge you to check records for closed parts, says AGO 84-81. Those closed parts fall under an exemption in the law.
If a large set may hold many exempt parts, the special service charge can cover the review. City of St. Petersburg v. Dorchester Holdings, LLC, 331 So. 3d 799 (Fla. 2d DCA 2021).
In the Colby case, the court let the county count both pay and benefits in its labor cost. Trout v. Bucher, 205 So. 3d 876 (Fla. 4th DCA 2016), says it need not use its lowest-paid worker.
What can't a Florida agency charge for?
The Attorney General has named costs an agency may not pass on to you:
- Overhead, such as power and other office bills, under AGO 99-41.
- Travel time to fetch records it stores off site, under AGO 90-07.
- The first cost of making the record, such as the cost to film a training video, under AGO 88-23.
- A price for a book that runs above the real cost to copy it, as in AGO 89-93.
- Sales tax on the fee for a copy of a public record, under AGO 86-83.
Can an agency require a deposit or payment for an earlier request?
The law ties copies to payment, so an agency may often ask for a deposit first. One court found a deposit rule facially reasonable for hundreds of phone recordings. Morris Publishing Group, LLC v. State, 154 So. 3d 528, 534 (Fla. 1st DCA 2015).
An agency may also hold back new records until you pay for an earlier request. Lozman v. City of Riviera Beach, 995 So. 2d 1027 (Fla. 4th DCA 2008).
But once you pay what you owe, the agency cannot ban you from records for good. Smith v. State, 335 So. 3d 795 (Fla. 2d DCA 2022).
Must the agency tell you the cost up front?
If you ask what the copies will cost, the agency has to tell you. Wootton v. Cook, 590 So. 2d 1039, 1040 (Fla. 1st DCA 1991).
A fee chart alone may fall short. One court sent a case back when the custodian gave only the chart and not the total. Woodard v. State, 885 So. 2d 444 (Fla. 4th DCA 2004).
Skipping the estimate can cost the agency its fee. In one case, a college gave no estimate before it handed over the records, so it could not collect. Miami Dade College v. Nader + Museu I, LLLP, 373 So. 3d 10 (Fla. 3d DCA 2022).
So ask for the estimate in writing before work starts. It should list the records, the fee type, and for any special service charge, the hours and the hourly rate.
Are copies of public records ever free?
An agency may choose to give free copies, as AGO 90-81 notes. But Chapter 119 does not make it waive fees for people who cannot pay, and that includes inmates. Roesch v. State, 633 So. 2d 1, 3 (Fla. 1993).
What about government contractors and private firms?
An agency may use a private firm to hand out records. But it may not make you buy only from that firm at whatever price the firm sets, says AGO 02-37.
Under Section 119.0701(2)(b)2, some service contracts must make the contractor provide records within a reasonable time. The cost may not run higher than Chapter 119 allows.
How do you narrow a public records request to lower the cost?
Broad requests drive big bills. Limit the dates, name the people or offices, and name the type of record you want.
For a large set, look first, then copy only what you need. If you still disagree, the Attorney General runs a free open government mediation program under Section 16.60. For a step-by-step plan, see how to push back on an inflated public records cost estimate.
Related
- The special service charge trap in Florida public records
- How to request public records in Florida
- What to do after a Florida public records denial
- What to do when a Florida agency ignores your public records request
Frequently asked questions
- Is there a fee to look at Florida public records?
- In most cases, looking is free. An agency may add a special service charge to an inspection only for extensive staff or computer work.
- How much can a Florida agency charge per page for public records?
- A one-sided page up to 14 by 8 1/2 inches costs up to 15 cents. A two-sided copy may cost 5 cents more, and a certified copy up to $1.
- Can a Florida agency charge for the staff time it takes to find the records?
- Only when the request needs extensive staff help or extensive computer work. The special service charge must be fair and must match what the work cost the agency.
- Can an agency ask for a deposit before it starts?
- Courts have upheld fair deposit rules for large requests. An agency may also wait for you to pay an old bill before it starts on a new request.
- Is there a fee for records sent by email?
- The fee is the actual cost of duplication, which can be close to nothing for an email. A special service charge can still apply if the job needs extensive work.
- What can a government contractor charge for public records?
- A contractor that acts for a public agency may charge no more than Chapter 119 allows. Another law can set a different rule.
- Should I get a cost estimate in writing?
- Before any work starts, ask for a written estimate with the records, fee type, hours, and rate.
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.