What is the 5-business-day notice?

It is a separate written notice to the agency's records custodian. It names your request. It must reach the custodian at least 5 business days before you file suit.

Does my first public records request count as the notice?

No. You must send a separate written notice. Roldan v. City of Hallandale Beach, 331 So. 3d 348 (Fla. 4th DCA 2023).

When can I skip the notice?

When 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.

How do I count 5 business days?

Start on the day the custodian gets the notice. Skip Saturdays, Sundays, and legal holidays. Wait until 5 business days have passed.

What if I sue without the notice?

The court may still order the records produced. But without the notice, or the posting exception, the court cannot award your fees and costs under section 119.12(1).

Can the agency get its own fees from me?

Only if the court finds an improper purpose. That means a request or suit made mainly to cause a violation of Chapter 119, or for a frivolous purpose. Section 119.12(3).

Home / Agency stalls and denials

Section 119.12, Florida Statutes: The 5-Day Notice Trap Before Suing Under Chapter 119 for Public Records and Attorney Fees

Written by Adam Bair.Published June 22, 2026Updated October 20, 2026

TL;DR: Section 119.12, Florida Statutes, lets you collect attorney fees from an agency that unlawfully refuses public records. But first, send the agency's records custodian a separate written notice that names your request. Then wait 5 business days before you sue.

Your first request does not count as the notice. Get this step wrong and you can win the case and still pay your own fees.

What does Section 119.12, Florida Statutes, say?

Section 119.12 is the fee rule of Chapter 119, the state's public records law. It applies to a civil action “filed against an agency to enforce the provisions of this chapter” (s. 119.12(1)).

Then the court “shall assess and award the reasonable costs of enforcement, including reasonable attorney fees” (s. 119.12(1)). The responsible agency pays when it fails two tests.

First, the court determines whether the agency unlawfully kept a person from seeing or copying a public record. Second, the person who sued must have given the custodian written notice 5 business days before filing.

When both are true, the word is “shall.” The court must award the fees, so it is not a choice for the judge.

What do the other parts of section 119.12 say?

Subsection (2) is the posting exception, covered below. Subsection (3) lets the agency get its own fees if the person who sued acted for an improper purpose.

Subsection (4) says the law creates no right to money damages. The agency pays only the costs and fees that come from the suit.

The notice rule is not old. It came into the law in 2017, through chapter 2017-21, Laws of Florida. Before then, the law asked for no notice.

What does the 5 business day notice require?

The notice must be in writing and must name the public record request. It goes to the agency's records custodian. It must reach the custodian at least 5 business days before you file, under section 119.12(1)(b).

The count starts on the day the notice lands. Saturday, Sunday, and legal holidays do not count. The period runs until 5 business days have passed.

The notice gives the office one last chance to hand over the records. If it ignores the notice and loses, the cost of the suit falls on it.

Why does Florida law put the cost on the agency?

The access right comes from Article I, Section 24, of the Florida Constitution. Section 119.12 backs that right. It makes an office pay when it wrongly says no.

The Florida Supreme Court has said agencies that must pay fees are “less likely to deny proper requests for documents.” New York Times Co. v. PHH Mental Health Services, Inc., 616 So. 2d 27, 29 (Fla. 1993).

The rule deters wrong denials and helps people keep up the fight for access. Board of Trustees, Jacksonville Police & Fire Pension Fund v. Lee, 189 So. 3d 120 (Fla. 2016).

The court does not also need to find bad faith. Lee, 189 So. 3d at 122.

Why isn't the first public records request the notice?

This is an easy trap to fall into. They think the first request does double duty as the notice, but it does not.

The law needs a separate written notice that names the request. A written request to the custodian is not enough. Roldan v. City of Hallandale Beach, 331 So. 3d 348 (Fla. 4th DCA 2023).

So send the notice on its own.

What should the notice say?

The statute sets no form. Still, a good notice has three traits. Miss one and the office may fight the notice when the court rules on fees.

It stands alone

Write the notice as its own paper. Do not tuck it into the request or into a long chain of emails.

It names the request

The law says the notice must identify the request. Give the date you made it and the person you sent it to. Say what you asked for and what the office did not give you.

It goes to the custodian

Send it to the custodian of public records. Do not send it to an employee at the front desk or to the press office.

Not sure who that is? Send the notice to each person it could be. A wrong guess could cost you your fees.

How do you count 5 business days?

Count work days, not all days. Skip Saturdays, Sundays, and legal holidays.

The clock starts the day the notice lands, not the day you send it. So use a way of sending that proves the date, such as certified mail with a return receipt. An email with a reply, or a hand drop with a signed receipt, also works.

Count with care, and add a day to be safe before you file.

When can you skip the notice under section 119.12(2)?

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

One question is open. The law does not say what happens if the office posts the details in one place but not the other. Until a court settles it, do not bet your fees on the exception, and send the notice anyway.

If you do plan to rely on the exception, save proof before you file. Take a dated photo of the main lobby and a dated screen shot of the website.

What happens if you skip the notice?

Say you file without the notice, and the posting exception does not apply. Then section 119.12(1) does not let the court award your costs of enforcement or your attorney fees.

The court may still issue the writ and order the records produced. You get the records, but not the fees.

This matters even if you sue without a lawyer. A person who wins without one may recover fair costs under section 119.12. Weeks v. Golden, 764 So. 2d 633 (Fla. 1st DCA 2000).

For more, see attorney fees in a Florida public records case and how to sue a Florida agency.

Can the agency get fees from you under section 119.12(3)?

Yes, in one case. The court must decide if you made the request, or took part in the suit, for an improper purpose.

That means “primarily to cause a violation of this chapter or for a frivolous purpose” (s. 119.12(3)). If the court finds that, you get no fees. It must also make you pay the agency's fair costs and fees.

A real request for records you want does not fit that test.

Is there a notice template?

Yes. The template below tracks section 119.12(1)(b). Fill in the fields in brackets.

Send it to the custodian in a way that gives you a receipt. Keep your copy and your proof that it arrived.

[YOUR NAME]
[YOUR ADDRESS]
[YOUR EMAIL OR PHONE]
[DATE]

Custodian of Public Records
[AGENCY NAME]
[AGENCY ADDRESS]

Re: Written notice under Section 119.12(1)(b), Florida Statutes

This is my written notice under section 119.12(1)(b), Florida Statutes. It names the public record request listed below.

Please produce the records within 5 business days after you get this notice. If you do not, I may file a civil action to enforce Chapter 119.

The request:

Date of my request: [DATE]
Sent to: [NAME AND TITLE]

Records I asked for: [SHORT DESCRIPTION]
Your reply so far: [NO REPLY, REFUSAL, OR PART OF THE RECORDS]

Sincerely,
[YOUR NAME]

If you sent more than one request on a subject, list each one in the same notice. Give the date and the name for each.

Frequently asked questions

What does Section 119.12, Florida Statutes, say?: If you sue to enforce Chapter 119, the court must award your fair costs and fees in one case. The agency must have refused the records unlawfully, and you must have given notice 5 business days before you filed.
What is the 5-business-day notice?: It is a separate written notice to the agency's records custodian. It names your request. It must reach the custodian at least 5 business days before you file suit.
Does my first public records request count as the notice?: No. You must send a separate written notice. Roldan v. City of Hallandale Beach, 331 So. 3d 348 (Fla. 4th DCA 2023).
When can I skip the notice?: When 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.
How do I count 5 business days?: Start on the day the custodian gets the notice. Skip Saturdays, Sundays, and legal holidays. Wait until 5 business days have passed.
What if I sue without the notice?: The court may still order the records produced. But without the notice, or the posting exception, the court cannot award your fees and costs under section 119.12(1).
Can the agency get its own fees from me?: Only if the court finds an improper purpose. That means a request or suit made mainly to cause a violation of Chapter 119, or for a frivolous purpose. Section 119.12(3).

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.