Request Florida Records

Home / Foundations

Public Records State of Florida: How the State's Public Records Law (Chapter 119) Works

Written by Adam Bair.

Public records state of Florida stay open to any person under Chapter 119.

TL;DR: Public records state of Florida stay open under Chapter 119 and the state’s own constitution. Any file an office keeps for its work is public, unless a statute shuts it. You can submit a request with no name or reason, and the office must act in good faith.

Public records state of Florida: the short answer

Public records state of Florida stay open under Chapter 119 and the state’s own constitution.

The law reaches all state and local office files. The office has to show a cutout to hold a file back. See s. 119.07(1), F.S., and Art. I, s. 24(a), Fla. Const.

Florida courts read each cutout in a narrow way, and the close call goes to access.

What does chapter 119 florida statutes cover?

Chapter 119 florida statutes is the florida public records law. It sets the right of the public to see what a state or local office does.

What counts as a public record

A public record is any file a state or local office keeps for its work. That takes in paper, email, text, photo, video, and data. See s. 119.011(12), F.S. Form of the file does not matter.

The law reaches a note on a desk and a text on a phone.

Which offices the law reaches

The law reaches a state, county, city, or school board office. It also reaches a person or firm that acts for a state or local office. See s. 119.011(2), F.S.

The law also reaches the sheriff, the police, the city hall, and the county clerk of court. The clerk’s department holds the court file.

Private firms that work for the government

A private firm doing the office’s work falls under the law. The state supreme court set the rule in News Sun-Sentinel v. Schwab, Twitty Hanser, 596 So. 2d 1029 (Fla. 1992). The rule now sits at s. 119.0701, F.S.

The florida public records act: your right of access

The florida public records act gives any person the right to see or copy a public record.

Article I, Section 24 of the state constitution

The right of access also sits in the state’s own constitution. See Art. I, s. 24(a), Fla. Const.

Florida statute 119.07: the right to inspect and copy

Florida statute 119.07 is the main part of the law. It gives you the right to see and copy at a fair time, on fair terms. See s. 119.07(1)(a), F.S.

You do not need a reason, a name, or a form

You can walk in or send an email, and you do not have to give your name. You do not have to say why you want the file. See s. 119.07(1)(c), F.S., and AGO 92-38.

Who has to give you the record (the custodian)?

The office’s records custodian has to hand over the file. Each office head is the custodian for files in that office. See s. 119.011(5), F.S.

How do I make a florida public records request?

A florida public records request can be short, and the law does not need a special form.

In person, by phone, by mail, or by email

You can submit the request through any channel the office uses. Many offices now take a request through a website.

The custodian may not force a special form on you. See AGO 80-57.

What to put in the request

Name the file you want, and give the date range if you can. Also name the person who made or sent it, if you know it. Give your email or address so the office can get back to you.

Time to respond

Florida law does not set a day count, and the office has to act in good faith. See Tribune Co. v. Cannella, 458 So. 2d 1075 (Fla. 1984), and s. 119.07(1)(c), F.S.

What does it cost under florida statute 119.07?

Copy charges

A paper copy costs up to 15 cents per one-sided page, and 20 cents for a two-sided page. A certified copy costs one dollar, unless a statute sets a different fee. See s. 119.07(4)(a), F.S.

Special service charge for extensive use

If the request takes a lot of staff time or special gear, the office can bill a fair fee. The fee has to match the real cost. See s. 119.07(4)(d), F.S.

Inspection vs. copying

You can go in and read the file at the office. Inspection stays free of charge. See s. 119.07(1)(a), F.S.

What stays private under florida public records law?

How the cutouts work

Chapter 119 does not reach every file, and many parts of state law shut files off. The two main homes are s. 119.071 and cutouts in other parts of the statutes. See s. 119.071, F.S.

A file can be exempt or confidential. Exempt means the office may share the file. Confidential means it may not share the file, except as a statute allows.

State courts read each cutout in a narrow way.

Common cutout groups

The main groups are law enforcement, personal data, safety, and some health files. See s. 119.071, F.S., for the main list. Birth files and some marriage files sit in other parts of the statutes.

What to do if the office denies or ignores you?

Ask for the basis in writing

If the office holds a file back, it has to name the statute in writing. See s. 119.07(1)(e) and (f), F.S.

Mediation and the five-day notice

Before you sue, send a notice to the office. The office has five business days to produce the file. See s. 119.12(1), F.S.

You can also use the Attorney General’s open-government mediation program. See s. 16.60, F.S.

Suing the office and attorney fees

You can file for a writ of mandamus or an injunction. See s. 119.11 and s. 119.12, F.S. If you win, you may get attorney fees under s. 119.12.

Section 119.10, F.S., sets fines and misdemeanor charges for a knowing breach.

Florida open records law is not the federal FOIA

Florida open records law and the federal FOIA do not share the same scope. FOIA covers federal offices, and Chapter 119 covers Florida state and local offices.

Common questions about public records law florida

Can I ask with no name?

Yes. The public records law florida does not force a name or a reason from you.

Does the office have to use my form?

No. The office may not turn down a plain written note from you.

Can the office shut a file just for me?

No. If the office holds a part back, it must cite the law. It has to use the same rule for all people.

What if the office says the file does not exist?

The office has to search in good faith.

Related

Frequently asked questions

What are public records state of Florida?
A public record in this state is any file a state or local office keeps for its work. That takes in paper, email, text, photo, video, and data.
What is chapter 119 florida statutes?
Chapter 119 florida statutes is the florida public records act. It gives the public the right to see and copy state and local files.
Do I have to be a Florida resident to request records?
No. Any person can ask. You do not have to give your name or a reason.
How long does an office have to respond?
Florida law does not set a day count. The office must act in good faith and reply in a fair time.
How much can an office charge?
Up to 15 cents per one-sided page. Up to 20 cents per two-sided. One dollar per certified copy, unless a law sets a different fee.
What stays private under florida public records law?
Many groups of files, like law enforcement, personal, and safety. The main list sits at s. 119.071, F.S. More cutouts live in other parts of the statutes.
Is florida open records law the same as FOIA?
No. FOIA is a federal law and covers federal offices. Florida's law covers state and local offices here.
What can I do if an office ignores my request?
Ask the office to state the basis in writing. Send the five-day notice, then file for a writ. If you win, you may get fees under s. 119.12.

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.