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How to Sue a Florida Agency for Public Records

Written by Adam Bair.

TL;DR: Here is how to sue a Florida agency for public records. First, make a written request and keep proof. If the office says no, send its records custodian a second written notice and wait 5 business days.

Then file in circuit court, most often as a writ of mandamus.

The court must hold a fast hearing. If you win, the agency has 48 hours to open the records. It may also have to pay your costs and fees.

Can you sue a Florida agency for public records?

Yes. If an office will not let you see or copy public records, you may sue it under Chapter 119. This is a Florida public records lawsuit, and it asks a court to make the agency follow the law.

The usual tool is a writ of mandamus, a court order that makes an official do a clear duty. It fits public records cases. Chandler v. City of Greenacres, 140 So. 3d 1080, 1083 (Fla. 4th DCA 2014).

To get the writ, you must show a clear right to have the duty done, and no other remedy. Doe v. DeSantis, 49 Fla. L. Weekly D1260a (Fla. 1st DCA 2024).

Mandamus works even when the agency claims a record is exempt from disclosure. Deeson Media, LLC v. City of Tampa, 291 So. 3d 974 (Fla. 2d DCA 2019).

Step 1: Make a request and keep proof

You must ask the agency for the records before you sue. One court threw out a case where the person never asked the custodian first. Maraia v. State, 685 So. 2d 851 (Fla. 2d DCA 1995).

Give the office a fair chance to answer. A court should not make it hand over records before it has had a chance to comply. Villarreal v. State, 687 So. 2d 256 (Fla. 1st DCA 1996).

Keep a copy of each request and each reply. If you sent it by email or other electronic means, save the sent message.

You will need the request later. See how to write a Florida public records request letter.

Step 2: Send the 5-day notice before filing

Do you want the court to make the agency pay your costs and fees? Then send the agency's custodian a written notice that names your request.

It must reach the custodian at least 5 business days before you file, under section 119.12(1)(b). Weekends and legal holidays do not count.

Your first request is not enough. The law needs a separate written notice. Roldan v. City of Hallandale Beach, 331 So. 3d 348 (Fla. 4th DCA 2023).

There is one exception. You do not need the notice if the agency did not post its custodian's contact details in a clear spot. They must be in its main office building and on its website, if it has one, under section 119.12(2).

Read more about the five-day notice.

Step 3: Write the petition for a writ of mandamus

To state a claim, show four things. You made a specific request, and the office got it.

The records also exist, and the office wrongly failed to produce them in time. O'Boyle v. Town of Gulf Stream, 257 So. 3d 1036, 1040 (Fla. 4th DCA 2018).

Attach the papers your case rests on. A petition against an agency must include a copy of any record that supports it. Major v. Hallandale Beach Police Department, 219 So. 3d 856 (Fla. 4th DCA 2017).

One court threw out a petition that did not attach the records request. Scott v. Lee County School Board, 310 So. 3d 163 (Fla. 2d DCA 2021). So attach the request, any denial, and your notice.

Put your real name on it, since each pleading needs a caption with the names of all the parties. A court threw out a petition filed with no real name for that reason. Doe v. DeSantis, 49 Fla. L. Weekly D1260a (Fla. 1st DCA 2024).

Step 4: Name the right agency

Sue the office that has the duty. A petition aimed at the wrong one fell short. Bivens v. Tony, 368 So. 3d 16 (Fla. 4th DCA 2023).

Some groups are not their own legal body.

No one could sue one police task force in its own name. But a requester could sue any member for its records. Ramese's, Inc. v. Metropolitan Bureau of Investigation, 954 So. 2d 703 (Fla. 5th DCA 2007).

Step 5: File in circuit court and serve the agency

The circuit court has the power to grant mandamus. Howard v. State, 378 So. 3d 684 (Fla. 2d DCA 2024).

Where you file can matter. A suit against the state or a state agency usually belongs in the county where it has its main office. Florida Department of Children and Families v. Sun-Sentinel, Inc., 865 So. 2d 1278 (Fla. 2004).

That case also noted an exception for some suits over confidential records.

You must then serve the agency. The rules for serving a public body, in section 48.111, apply to these cases. Department of Children and Families v. Panno, 312 So. 3d 1275 (Fla. 2d DCA 2021).

What does the court do after you file?

If your petition is complete on its face, the court must issue an alternative writ. That order tells the office to produce the records or show why it should not, under Rule 1.630(d)(2).

One court reversed a judge who threw out a petition without that step. Radford v. Brock, 914 So. 2d 1066 (Fla. 2d DCA 2005).

Section 119.11(1) tells the court to set an immediate hearing and to put the case ahead of others. “Immediate” means immediate, not just a fair time. Matos v. Office of the State Attorney, 80 So. 3d 1149 (Fla. 4th DCA 2012).

At the hearing, the judge sorts out whether records exist and whether an exemption applies. Kline v. University of Florida, 200 So. 3d 271 (Fla. 1st DCA 2016).

Say the agency claims it has no records, and you dispute that. Then the judge must hold a hearing to take evidence. Holley v. Bradford County Sheriff's Department, 171 So. 3d 805 (Fla. 1st DCA 2015).

Will the judge read the records in private?

Often, yes. For some exemptions, section 119.07(1)(g) sends the record to the judge for an in camera, or private, look. For an active criminal case exemption, the review is up to the judge.

Even then, courts have held that a judge may need a private look to decide if the records are exempt. Woolling v. Lamar, 764 So. 2d 765 (Fla. 5th DCA 2000).

Once you serve the suit, the custodian may not move, change, or destroy the record until the court says so. That rule is in section 119.11(4).

What happens if you win?

The office must comply with the judgment within 48 hours, unless the trial court sets other terms. A higher court can also stay the order in that time, under section 119.11(2). If it appeals, Rule 9.310(b)(2) gives it an automatic stay for 48 hours.

The court may also make the office pay your fair costs and attorney fees. Two things must be true under section 119.12(1). The office must have refused the records unlawfully, and you must have sent the 5-day notice.

The court does not also have to find bad faith. Board of Trustees, Jacksonville Police & Fire Pension Fund v. Lee, 189 So. 3d 120 (Fla. 2016). See attorney's fees in a public records case.

Does the case end if the agency hands over the records?

Not by itself. When an agency produces records after you sue, the case is not moot, and you may still seek fees. Mazer v. Orange County, 811 So. 2d 857, 860 (Fla. 5th DCA 2002).

Another court sent such a case back for a hearing on whether the agency refused access unlawfully. Puls v. City of Port St. Lucie, 678 So. 2d 514 (Fla. 4th DCA 1996).

What can't you get from a public records lawsuit?

You cannot get money damages. Section 119.12(4) says the law creates no right to damages. The office pays only the fair costs of the case and attorney fees, if you qualify.

Mandamus is also a one-time order. A court may not keep the case open to watch over the office for the future. Town of Manalapan v. Rechler, 674 So. 2d 789 (Fla. 4th DCA 1996).

A judge also may not send a mandamus case to mediation. Areizaga v. Board of County Commissioners of Hillsborough County, 935 So. 2d 640 (Fla. 2d DCA 2006).

If you want to try mediation, do it before you file. See the AG mediation program.

What is the improper purpose risk?

The court must decide if you made the request or joined the case for an improper purpose. That means mainly to cause a violation of Chapter 119, or for a frivolous purpose, under section 119.12(3).

If the court finds an improper purpose, you get no fees. Worse, the court must order you to pay the agency's fair costs and attorney fees.

Can you file a public records case without a lawyer?

Chapter 119 does not require a lawyer. A person who wins without one may recover fair costs. Weeks v. Golden, 764 So. 2d 633 (Fla. 1st DCA 2000).

Those costs can include postage, envelopes, copies, filing fees, and fees to serve the papers. Weeks v. Golden, 846 So. 2d 1247 (Fla. 1st DCA 2003).

Before this stage, read what to do when an agency ignores you and what to do after a denial.

Frequently asked questions

What kind of case do you file to get Florida public records?
A civil action to enforce Chapter 119. Most often it is a petition for a writ of mandamus, which makes an official do a clear legal duty.
Does my first records request count as the 5-day notice?
No. The notice is a separate written paper that names your request. Roldan v. City of Hallandale Beach, 331 So. 3d 348 (Fla. 4th DCA 2023).
How fast does the court have to act?
Section 119.11(1) tells the court to set an immediate hearing and to put the case ahead of other cases.
If I win, when must the agency produce the records?
Within 48 hours, unless the trial court says otherwise or a higher court stays the order in that time. Section 119.11(2).
Can I get money damages from the agency?
No. Section 119.12(4) says the law does not create a right to money damages. The agency may pay only your fair costs of the case, including attorney fees, if you qualify.
If the agency hands over the records after I file, does the case end?
Not by itself. Courts have held that late production does not end the case or the claim for fees.
Do I need a lawyer to file?
Chapter 119 does not require one. A person who wins without a lawyer may recover fair costs, such as filing fees, postage, and copies.

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