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How to Push Back on an Inflated Florida Public Records Cost Estimate

Written by Adam Bair.

TL;DR: Here is how to push back on an inflated public records cost estimate in Florida. Get the hours and the rate in writing, and test whether the work is truly extensive. Then narrow the request or look before you copy, and try the Attorney General's free mediation before you sue.

A Florida agency sent you a cost estimate, and the number is high. Before you pay or walk away, check it against the fee rules in Section 119.07(4) of the Florida Statutes.

Why do some cost estimates for records look inflated?

A big number can make a requester give up. One court sent back a charge of more than $4,000 and told the agency to explain its size. Carden v. Chief of Police, 696 So. 2d 772, 773 (Fla. 2d DCA 1996).

The Florida Supreme Court has warned that padded fees 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).

Step 1. Ask for a written estimate and breakdown

If you ask what the records will cost, the agency has to tell you. Wootton v. Cook, 590 So. 2d 1039, 1040 (Fla. 1st DCA 1991).

A fee chart may not be enough when you asked for the total. One court sent a case back when the custodian gave only the chart. Woodard v. State, 885 So. 2d 444 (Fla. 4th DCA 2004).

Ask the estimate to list each fee type, the hours, the hourly rate, and who does the work. The estimate matters to the agency too. One college lost its fee because it gave no estimate before it handed over the records.

That case is Miami Dade College v. Nader + Museu I, LLLP, 373 So. 3d 10 (Fla. 3d DCA 2022).

Step 2. Check each copy charge against the caps in the Florida Statutes

Section 119.011(1) leaves labor and overhead out of the actual cost of a copy. So a copy line that adds staff time to the page rate breaks the rule. Labor belongs only in a special service charge, and only when that charge applies.

Step 3. Challenge the "extensive" finding

Section 119.07(4)(d) allows a special service charge only for extensive staff help. It also covers extensive use of information technology resources. Just using a computer is not enough, under AGOs 13-03 and 99-41.

The Legislature did not define extensive in the statute. In AGO 00-11, the Attorney General said the agency must decide case by case. It may not add the charge as a matter of course.

The same opinion says a charge is hard to justify when staff did their regular jobs while they helped you. Ask the agency to explain in writing why your request needs that much work.

Step 4. Check the labor rate and the review time

The charge must be fair and must match the labor cost the agency truly bears. Board of County Commissioners of Highlands County v. Colby, 976 So. 2d 31 (Fla. 2d DCA 2008).

In Colby, the county could count both pay and benefits. In Trout v. Bucher, 205 So. 3d 876 (Fla. 4th DCA 2016), the agency could skip its lowest-paid worker.

So the real question is not who earns the least. It is whether the hours and the rate are true and fair, so ask for both in writing.

Time spent checking records for exempt parts is usually not billable, says AGO 84-81. An exemption is a rule that lets the agency keep part of a record closed.

A big set with many possible exemptions can change that. City of St. Petersburg v. Dorchester Holdings, LLC, 331 So. 3d 799 (Fla. 2d DCA 2021).

Step 5. Strike costs the law does not allow

The Attorney General has named costs an agency may not pass on to you. Look for these on the estimate:

Handing out records is a duty, not a way to make money, as AGO 85-03 puts it. A price that runs above the real cost of the copy has no place on the bill.

Step 6. Narrow the request to cut costs

A smaller request usually means a smaller estimate. Two moves cut costs without losing the records you need.

Tighten the date range and the list of people

Wide date ranges and long lists of people drive the hours up fast. This holds whether you want personnel records or a financial report. Tie the request to one person and a short window around the event you care about.

A smaller request may fall below the extensive line. Then the special service charge may drop off the bill.

Ask to inspect instead of getting copies

In most cases you can look at records for free, unless a law says otherwise. State ex rel. Davis v. McMillan, 38 So. 666 (Fla. 1905).

The special service charge can still apply if the visit itself needs extensive work, as the Colby court held. But you skip the copy fees and can copy only the pages that matter. Learn more about what agencies can actually charge.

Step 7. Ask for the record in the form the agency keeps

If the agency keeps a record in the form you want, it must give you that form. That is Section 119.01(2)(f), and the fee must still follow Section 119.07(4).

Asking for the form the agency already uses can spare you a charge for work you did not need. Put that request in writing with the rest.

Step 8. Know when the agency may ask for payment first

A custodian may hold your records until you pay the fee the law allows. Promenade D'Iberville, LLC v. Sundy, 145 So. 3d 980, 983 (Fla. 1st DCA 2014).

A fair deposit rule for a big request can also stand. Morris Publishing Group, LLC v. State, 154 So. 3d 528, 534 (Fla. 1st DCA 2015).

Say you drop the request once the agency has made the copies. AGO 05-28 lets it bill you when the actual cost of copying ran past your deposit. So fight the size of the bill, not the idea of paying a fair one.

Step 9. Try the Florida AG mediation program before suing

Section 16.60 sets up a free, voluntary program in the Attorney General's office to mediate open government disputes. A fight over a fee for records fits that program.

Write to the program with the agency name, your request, the estimate, and the dates. Keep copies of all of it.

Step 10. Send a Section 119.12 notice if the agency holds firm

An unlawful condition or a padded special service charge can count as an unlawful refusal under Section 119.12. The Florida Supreme Court said so in Lee, 189 So. 3d at 129-130.

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).

You can skip that notice only if the agency failed to post its custodian contact details, under Section 119.12(2). For each step when an agency goes quiet, see what to do when an agency ignores your request.

Sample written response language

Here is language you can adapt for a written reply to the estimate. Put it in an email or a letter, and keep a copy of each one.

Under Section 119.07(4), Florida Statutes, please give me a written breakdown of your cost estimate dated [date]. Please list: (1) each copy charge and its rate; (2) the job title and hourly rate of each person who will do the work, and the hours for each task; (3) the facts that make this request need extensive clerical or supervisory help, or extensive use of information technology resources, under Section 119.07(4)(d); and (4) any charge to review records for exempt parts, with the number of records and the exemptions you expect to apply. If a narrower request would lower the cost, please tell me how.

Related

Frequently asked questions

Can I negotiate a cost estimate for records in Florida?
Yes, you can ask questions and push back before you pay. Ask for each charge, the hours, and the rate in writing, then check each line against Section 119.07(4).
What labor rate can a Florida agency charge for records?
The rate must reflect the real labor cost, and it may include pay and benefits. The agency does not have to use its lowest-paid worker, but the hours and the rate must be fair.
What if the agency will not tell me how it got the number?
If you ask what the records will cost, the agency must tell you. A fee chart alone may fall short when you asked for the total.
Is there a free way to challenge an inflated estimate before suing?
Yes. The Attorney General runs a free, voluntary program under Section 16.60 to mediate open government disputes, including fights over fees.
What notice do I need to send before I sue?
To seek fees, give the custodian separate written notice of the request at least 5 business days before you file. A new records request does not count as that notice.
Can asking for a different format lower the cost?
It can. If the agency keeps the record in the form you want, it must give you that form. That may spare you a charge for work you did not need.

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.