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How to Make a Public Records Request in Florida, Step by Step

Written by Adam Bair.

TL;DR: To make a public records request in Florida, send a short note to the records custodian. Name the records you want. You do not need a form, a reason, or your name, and a look is free in most cases.

This guide covers what a public records request is and how to submit one. It also covers what you should get back, and what to do if the office stalls or says no.

What is a public records request?

It is a way to inspect or obtain copies of the records a public office keeps. Chapter 119 of the Florida Statutes, the Public Records Act, gives any person a right of inspection and copying.

The right to public access also comes from Article I, Section 24, of the state's constitution. The goal is open, honest government and real transparency.

Under section 119.011(12), a public record can take any form. It can be a paper, an email, a photo, a sound file, or data, if it ties to public business.

Who has to answer a Florida public records request?

State offices, counties, cities, school boards, and special districts all must answer. So do some private firms that act for a public office, under section 119.011(2).

Court records work a bit differently. The courts have their own rule, Rule 2.420, not Chapter 119. A request to the clerk for court records must be in writing.

What types of records are commonly requested?

Before you request public records: three steps

Find the appropriate department

Send your request to the office that made or got the record. A police report sits with the police department. A building permit sits with the city or county office that issued it.

A large county, such as Miami-Dade County, has many county departments. Pick the one that would maintain the record, or ask the main records office where to send it.

If a second office keeps a copy too, the first must still produce it (AGO 86-69). An AGO is a written opinion from the state's Attorney General.

Find the records custodian

Under section 119.011(5), the custodian is the official who runs the office that keeps the records, or a stand-in. Many offices post the custodian's contact on their web site.

But the duty to produce is wider. Any staff member with the power to release the record must do so. Mintus v. City of West Palm Beach, 711 So. 2d 1359 (Fla. 4th DCA 1998).

An office also cannot hide records by handing them to its own counsel. Wallace v. Guzman, 687 So. 2d 1351 (Fla. 3d DCA 1997). See who the records custodian is.

Make the records identifiable

Your request must be clear enough for the custodian to act on. Doe v. DeSantis, 49 Fla. L. Weekly D1260a (Fla. 1st DCA 2024). Name the kind of record or document, the topic, the dates, and who would have it.

But you do not have to name one book or one file. A person who asks for all of a city's money records does not have to say which ones. State ex rel. Davidson v. Couch, 156 So. 297 (Fla. 1934).

Ask for records, not answers. An office does not have to dig through its files to answer your questions. Bivens v. Tony, 368 So. 3d 16 (Fla. 4th DCA 2023).

How to submit a Florida public records request, step by step

Step 1. Pick how to send it

You can make a request in person, by telephone, or in writing, such as e-mail, fax, or mail (AGO 80-57). The law does not require a written request. Dade Aviation Consultants v. Knight Ridder, Inc., 800 So. 2d 302 (Fla. 3d DCA 2001).

Still, a written request is the smart choice. It shows what you asked for and when, which helps if the office stalls.

Many offices have a web portal or form, and you may use one. But an office may not make its form a condition of access. Chandler v. City of Greenacres, 140 So. 3d 1080 (Fla. 4th DCA 2014).

Step 2. Write the request

A good request has these parts:

For a sample letter, see the public records request form and letter template.

Step 3. Ask what the records cost first

Ask for an estimate of any applicable fee before the office does work over a set amount, such as $25. Then you can narrow the request.

An office may ask for payment before it makes copies, under section 119.07(4). One court found a deposit rule for a big job fair on its face. Morris Publishing Group, LLC v. State, 154 So. 3d 528 (Fla. 1st DCA 2015).

Step 4. Send it and keep proof

Email gives you a time stamp on its own. If you mail the request, use certified mail. For an in-person drop off, ask for a copy with a date stamp.

What you do not have to give

You do not have to provide a reason. Why you want the records does not change your right to see them. Curry v. State, 811 So. 2d 736 (Fla. 4th DCA 2002).

You also do not have to give your name, address, or phone number. The one exception is a law that requires it for that record (AGOs 92-38 and 91-76).

You do not need a lawyer, either. See do I have to give my name.

What happens after you submit records requests?

You should receive an acknowledgement

The custodian must acknowledge your request promptly and respond in good faith, under section 119.07(1)(c). That means a fair effort to locate the record in all parts of the office.

The law sets no fixed number of calendar days. The custodian may take the time it reasonably needs to find the records and black out any exempt part.

But an office may not build in a set delay. Tribune Co. v. Cannella, 458 So. 2d 1075 (Fla. 1984). See how long an office has to respond.

A fee, but only one the law allows

A look at the records is free in most cases (AGO 85-03). Copies cost up to 15 cents per page for one side, under section 119.07(4)(a)1.

A certified copy costs up to $1, under section 119.07(4)(c). Other copies, such as a CD, cost the actual cost of duplication. That is the cost of supplies, not labor, under section 119.011(1).

A big job that takes extensive staff time or computer use can add a special service charge. See the special service charge.

The responsive records, in the form you asked for

If an office keeps a record in the form you want, it must copy it that way. Section 119.01(2)(f) sets that rule, and it holds for files sent electronically too.

An office may not just point you to its web site if you asked for paper copies. Lake Shore Hospital Authority v. Lilker, 168 So. 3d 332 (Fla. 1st DCA 2015).

Black outs, with the legal reason

Some records hold confidential information. Under section 119.07(1)(d), the office must black out only that portion and release the rest.

It must also name the exemption that bars disclosure and cite the law, under section 119.07(1)(e). If you ask, it must put its reasons in writing, under section 119.07(1)(f).

Privacy on its own is not a reason to withhold a public record. The state's constitution gives no right of privacy in public records. Michel v. Douglas, 464 So. 2d 545 (Fla. 1985).

What if the office stalls or denies your request under the Public Records Act?

Send a follow up

If you hear nothing, send a short follow up. After receiving records, check them against your list, and ask about any that are missing.

If that does not work, send your request to the custodian's boss and to the head of the office.

Try the free mediation program

The Attorney General runs a free, voluntary program to help settle open government disputes, under section 16.60. See the mediation program.

Go to court

A person denied records may sue to enforce Chapter 119, often by asking for a writ of mandamus. That is a court order to do a duty.

Under section 119.11, these cases get an immediate hearing. Under section 119.12, a court can award costs and fees if the office unlawfully refused.

A delay with no good reason can count as a refusal. Lilker v. Suwannee Valley Transit Authority, 133 So. 3d 654 (Fla. 1st DCA 2014).

But first, you must give the custodian written notice of the request at least five business days before you sue. See the five-day notice and what to do when an office goes silent.

Frequently asked questions

What is a public records request?
It is a request to see or copy records a government agency keeps. In Florida, any person may make one, and you do not have to say why.
Do I have to give my name to make a public records request in Florida?
No. An agency may not demand your name, address, or phone number unless a law requires it for that record.
Does a public records request have to be in writing?
No. You can ask in person, by phone, or in writing. A written request is still smart, since it shows what you asked for and when.
How long does an agency have to answer a public records request?
Florida sets no fixed number of days. The agency must acknowledge your request promptly and respond in good faith. It may not build in a set delay.
How much does a public records request cost?
Looking at records is free in most cases. Copies cost up to 15 cents per page, and a certified copy costs up to $1. A big job can add a special service charge.
What if the agency denies my public records request?
It must name the exemption and cite the statute. If you ask, it must also put its reasons in writing.

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.