Does my Florida public records request have to go to a specific person?

It does not have to. The duty to release a record reaches every agency person with the power to do so. Mintus v. City of West Palm Beach, 711 So. 2d 1359 (Fla. 4th DCA 1998). Sending the request to the named custodian is the cleanest path.

Does the custodian have to acknowledge my request?

Yes. The custodian and any designee must acknowledge requests promptly and respond in good faith. Section 119.07(1)(c), F.S.

Can a Florida agency dodge a request by handing the records to its lawyer?

No. A governmental agency may not avoid a public records request by transferring custody to another agency or to its attorneys. Chandler v. City of Sanford, 121 So. 3d 657, 660 (Fla. 5th DCA 2013); Wallace v. Guzman, 687 So. 2d 1351 (Fla. 3d DCA 1997).

Does the custodian have to bring the records to me?

No. The agency does not have to move records to a place convenient to the requester. Siegmeister v. Johnson, 240 So. 3d 70 (Fla. 1st DCA 2018).

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The Custodian: Who Actually Has to Produce Your Florida Public Records

Written by Adam Bair.Published July 20, 2026Updated July 20, 2026

TL;DR: The Florida public records custodian is the elected or appointed officer in charge of the office that holds the records, or that officer's designee. Section 119.011(5), F.S. The duty to release records is broader. Every agency person who can release a public record has the duty. The custodian must acknowledge requests promptly and respond in good faith. Sending a request to the named custodian is the cleanest path. The agency cannot dodge the rule by handing the file to its lawyer or by pushing the requester to a different office.

Who is the “custodian of public records” under Florida law?

Section 119.011(5), F.S., defines “custodian of public records” as “the elected or appointed state, county, or municipal officer charged with the responsibility of maintaining the office having public records, or his or her designee.” The custodian is a specific officer or that officer's named stand-in, not “the agency” as a vague whole.

The point of the definition is practical. It gives you a person to address your request to and a person who is legally responsible for acting on it. Before you write a request, look up the named records custodian on the agency's website. Many agencies post the name, title, and email address. Using it routes your request to someone with clear authority and creates a clean record if you later need to escalate.

Does the custodian have to handle every request personally?

No. Section 119.07(1)(b), F.S., allows the custodian or a person having custody of public records to “designate another officer or employee of the agency to permit the inspection and copying of public records.” The custodian must disclose the identity of the designee to you. If your request gets handed off, you are entitled to know who is handling it. That disclosure requirement is part of the statute, not a courtesy.

Can someone other than the named custodian be on the hook to release a record?

Yes. Florida courts have read the duty of disclosure under Section 119.07(1), F.S., to fall on “every person who has custody of a public record,” not only the formally named custodian. Puls v. City of Port St. Lucie, 678 So. 2d 514 (Fla. 4th DCA 1996). “Custodian” for purposes of the Public Records Act “refers to all agency personnel who have it within their power to release or communicate public records.” Mintus v. City of West Palm Beach, 711 So. 2d 1359 (Fla. 4th DCA 1998), citing Williams v. City of Minneola, 575 So. 2d 683, 687 (Fla. 5th DCA 1991).

This means the agency cannot tell you the named custodian is the only person who can help, and then stall by keeping the custodian unavailable. Any employee with the power to release the record is covered by the duty.

When an employee “has custody” for purposes of Section 119.07

The broader duty has a limit. The mere fact that an agency employee temporarily possesses a document does not give that employee “custody” under Section 119.07. To have custody, one must have “supervision and control over the document or have legal responsibility for its care, keeping or guardianship.” Mintus, 711 So. 2d at 1361. The rule is not “anyone who touched the file owes the record.” It is “anyone with actual control or legal responsibility for the record.”

What does the custodian have to do when a request comes in?

Acknowledge promptly

Section 119.07(1)(c), F.S., requires the custodian and any designee to “acknowledge requests to inspect or copy records promptly and respond to such requests in good faith.” A written acknowledgment is part of the legal duty, not a courtesy. If the agency does not acknowledge your request, that silence is itself a failure to comply with the statute.

Respond in good faith

A good-faith response “includes making reasonable efforts to determine from other officers or employees within the agency whether such a record exists and, if so, the location at which the record can be accessed.” Section 119.07(1)(c), F.S. The Florida Supreme Court explained that the good-faith language “was intended to strengthen the responsibilities of records custodians by imposing an explicit requirement on public agencies that they act in good faith in responding to public records requests.” Board of Trustees, Jacksonville Police & Fire Pension Fund v. Lee, 189 So. 3d 120, 128 (Fla. 2016).

“We did not check anywhere else” is not a good-faith response when other offices in the agency might have the record. The custodian's search obligation extends past the custodian's own filing cabinet.

Can the agency push my request off to another office or to its lawyer?

No. An agency cannot defeat a request by handing the records to its lawyer, transferring them to another office, or sending them back to the private entity that supplied them. Wallace v. Guzman, 687 So. 2d 1351 (Fla. 3d DCA 1997); Tober v. Sanchez, 417 So. 2d 1053 (Fla. 3d DCA 1982). “Given the aggressive nature of the public's right to inspect and duplicate public records, a governmental agency may not avoid a public records request by transferring custody of its records to another agency.” Chandler v. City of Sanford, 121 So. 3d 657, 660 (Fla. 5th DCA 2013).

The duty travels with the agency. If you see the agency suddenly moving files to its legal counsel or to a different department after you submit a request, that is a red flag worth documenting.

How do I address a Florida public records request?

Three steps make a clean request that creates a good paper trail.

Name the custodian.Look up the agency's records custodian by title and, where posted, by name. Section 119.12(2), F.S., requires agencies to prominently post custodian contact information. If the agency has not posted it, note that fact in writing.
Address the request to that person. Send your letter or email directly to the named custodian. If the agency posts a general public-records email address, copy that as well.
Ask for acknowledgment and disclosure of any designee. Ask the custodian to acknowledge receipt promptly under Section 119.07(1)(c), F.S., and to disclose the identity of any designee handling the request under Section 119.07(1)(b), F.S. Quoting those section numbers in your request signals that you know the law and expect compliance.

For a detailed template and checklist, see our article on how to write a Florida public records request letter.

What this rule does not do

The custodian rule imposes duties. It does not give you everything you might want. Three limits matter most.

The agency does not have to come to you. The custodian is not required to move records to a location convenient to the requester. Siegmeister v. Johnson, 240 So. 3d 70 (Fla. 1st DCA 2018), held that a state attorney did not violate the Public Records Act by making records available at its main office rather than at a branch office closer to the requester. The requester goes to the records.
The custodian does not have to create records. The custodian must produce existing records. The custodian is not required to provide information from records or to create new records in response to a request.
Temporary possession does not equal custody. As explained above, the broader duty in Mintus does not reach every employee who happened to read a file. Supervision, control, or legal responsibility is required.

If the records you need are held by a private contractor under Section 119.0701, F.S., the request still goes to the public agency first. Section 119.0701(3)(a), F.S. The agency then notifies the contractor. See our article on private contractors and the agency test for details.

Frequently asked questions

Who is the public records custodian in Florida?: The elected or appointed state, county, or municipal officer charged with the responsibility of maintaining the office having public records, or that officer's designee. Section 119.011(5), F.S.
Does my Florida public records request have to go to a specific person?: It does not have to. The duty to release a record reaches every agency person with the power to do so. Mintus v. City of West Palm Beach, 711 So. 2d 1359 (Fla. 4th DCA 1998). Sending the request to the named custodian is the cleanest path.
Does the custodian have to acknowledge my request?: Yes. The custodian and any designee must acknowledge requests promptly and respond in good faith. Section 119.07(1)(c), F.S.
Can a Florida agency dodge a request by handing the records to its lawyer?: No. A governmental agency may not avoid a public records request by transferring custody to another agency or to its attorneys. Chandler v. City of Sanford, 121 So. 3d 657, 660 (Fla. 5th DCA 2013); Wallace v. Guzman, 687 So. 2d 1351 (Fla. 3d DCA 1997).
Does the custodian have to bring the records to me?: No. The agency does not have to move records to a place convenient to the requester. Siegmeister v. Johnson, 240 So. 3d 70 (Fla. 1st DCA 2018).
What if the records sit with a private contractor?: The request still goes to the public agency. Section 119.0701(3)(a), F.S. The agency then notifies the contractor if any responsive records sit there.

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.