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Records Custodian: Who Has to Produce Florida Public Records?

Written by Adam Bair.

TL;DR: The records custodian for Florida public records is the official who runs the office that keeps them, or a stand-in. But the duty to hand over a record is wider. Any staff member who controls it has to help.

This guide covers who the custodian is and what the custodian must do. It also shows how to get your request to the right person.

Who is the records custodian under Florida law?

Section 119.011(5), Florida Statutes, gives the definition. The custodian is the state, county, or city official who runs the office that keeps the public records.

Voters may pick that person, or someone else may hire or name him or her. The rule also covers a designee, a person named to act in that role.

Think of this person as the keeper of the records. The keeper has a name and a title. That gives you someone to send your request to, and someone who must act on it.

Can the custodian hand my request to someone else?

Yes. The keeper may name a staff member to let you see and copy the records. But the keeper must tell you who that person is, under section 119.07(1)(b).

If someone else takes your request, you have a right to know who has it. Write that name down, along with the date you learned it.

Does only the named custodian have to give me the records?

No, under section 119.07(1) the duty falls on each person with custody, not just one. Puls v. City of Port St. Lucie, 678 So. 2d 514 (Fla. 4th DCA 1996).

A later case said “custodian” means all agency staff who have the power to release the record. Mintus v. City of West Palm Beach, 711 So. 2d 1359 (Fla. 4th DCA 1998). So the duty does not rest on one person alone.

Who has custody, and who does not?

There is a limit, the Mintus court said. A worker who holds a file for a short time does not have custody just from that.

To have custody, a person must oversee and control the record, or have a legal duty to care for it. The test is control, not touch.

What must the records custodian do when my request comes in?

Say promptly that the request came in

The keeper and any designee must acknowledge your request promptly. To acknowledge means to let you know they got it. Section 119.07(1)(c) sets that rule.

Respond in good faith

The same section says the response must be in good faith. That means a fair effort to ask other staff if the record exists. It also means asking where they keep it.

The Florida Supreme Court said the Legislature used these words to make the duty of the keeper stronger. Board of Trustees, Jacksonville Police & Fire Pension Fund v. Lee, 189 So. 3d 120 (Fla. 2016). A court decides good faith from the facts of each case.

Some staff do public work on their own phones or email. One trial court said the office must then make a fair effort to get those records back fast. Raydient LLC v. Nassau County, Case 2019-CA-000054 (Nassau County Circuit Court, 2021).

Do not drag it out

The keeper can take a fair time to find the records and black out the parts the law closes. But a rule that builds in a set delay breaks the law. Tribune Co. v. Cannella, 458 So. 2d 1075 (Fla. 1984).

For example, a city could not hold back the minutes of a board meeting until its commission voted on them. Grapski v. City of Alachua, 31 So. 3d 193 (Fla. 1st DCA 2010).

Can the agency move my records to its lawyer or another office?

No. It cannot hide public records by handing them to its lawyers. Wallace v. Guzman, 687 So. 2d 1351 (Fla. 3d DCA 1997).

It also cannot dodge a request by moving the records to some other agency. Chandler v. City of Sanford, 121 So. 3d 657 (Fla. 5th DCA 2013). A housing agency could not refuse just because a prosecutor had taken its records under a subpoena (AGO 92-78).

If a second office keeps a copy, the first is still on the hook (AGO 86-69). You also do not have to try the other place first. Warden v. Bennett, 340 So. 2d 977 (Fla. 2d DCA 1976).

What if a private company holds the records?

Send your request to the public agency, not the firm. Section 119.0701(3)(a) says a request for records tied to the contract goes straight to the agency.

If the agency does not have the records, it must tell the firm right away. The firm then has a fair time to give them to the agency, or let you see and copy them.

Under section 119.0701(2)(a), contracts signed or changed after July 1, 2016, must list how to reach the custodian. For more, see private contractors and public records.

How do I send my request to the right person?

  1. Look for the keeper's name and contact on the web site or at the main office.
  2. Send your request to that person by email, mail, or in person. An email or a PDF letter both work.
  3. Ask the keeper to name any designee who takes over your request.
  4. Keep a copy of what you sent and the date you sent it.

The keeper's contact matters later, too. Before you sue, you must send the keeper written notice of the request. Under section 119.12(1)(b), you send it at least five business days ahead.

You can skip that notice if the agency did not post the keeper's contact the way section 119.12(2) says. See the five-day notice before suing and the Florida public records request letter.

What does the custodian not have to do?

The keeper does not have to move records to a place near you. A state attorney could make you come to the main office, not a branch office. Siegmeister v. Johnson, 240 So. 3d 70 (Fla. 1st DCA 2018).

The keeper also does not have to make a new record for you. Wootton v. Cook, 590 So. 2d 1039 (Fla. 1st DCA 1991). And an office does not have to send a staff member to answer your questions about its records (AGO 92-38).

Frequently asked questions

Who is the records custodian for Florida public records?
It is the official who runs the office that keeps the records, or a person that official names. Section 119.011(5), Florida Statutes, sets that rule.
Does my request have to go to the records custodian?
No. Any staff member who has the power to release the record has the duty to do so. Sending it to the named custodian is still the cleanest path.
Does the records custodian have to answer my request?
Yes. The custodian must tell you promptly that the request came in. The custodian must also respond in good faith, under section 119.07(1)(c).
Can an agency dodge a request by giving the records to its lawyer?
No. Florida courts have said an agency cannot hide records by moving them to its lawyer or to another agency.
What if a private company holds the records for the agency?
Send the request to the public agency. If it does not have the records, it must tell the company right away. The company then has a reasonable time to produce them.

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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.