Can a Florida agency deny a public records request without saying why?

No. It must state the basis of the exemption, with the statute. If you ask, it must also put its reasons in writing, under section 119.07(1)(f).

Does an exemption mean the whole record stays closed?

Not as a rule. The office must black out only the exempt part and give you the rest. Section 119.07(1)(d).

Who has to prove the exemption applies?

The agency does. The burden is on the office that claims it, and courts read exemptions in a narrow way.

Can the agency throw out the record while we argue?

No. After a written request, it must keep the record 30 days, even if it claims the record is not public. If you sue in that time, it must keep it until a court says otherwise.

Is a Florida request a FOIA request?

No. FOIA is the U.S. law for U.S. agencies. A request to a state or local office in Florida goes under Chapter 119.

Can I go to court over a denial?

Yes. You can file a civil action to enforce Chapter 119. A writ of mandamus is a common way to do it, even when the agency claims an exemption.

Home / Agency stalls and denials

Florida Public Records Request Denied? What to Do Next

Written by Adam Bair.Published May 11, 2026Updated October 20, 2026

TL;DR: Was your Florida public records request denied? First, ask the agency to state its reason in writing, with the statute. Courts read exemptions in a narrow way, so read that law closely.

Ask for the rest of the record with only the exempt part blacked out. If that fails, you may try mediation through the Attorney General, or go to court.

A government document with thick black redaction bars covering portions of the text, with a magnifying glass resting on top. — A denial is not the end. The law gives you clear next steps.

What does it mean when a request is denied?

A denial means the agency will not let you see or copy a record you asked for. Most of the time, it says the record is exempt. An exemption is a law that lets an office keep all or part of a record closed.

Some denials are in full, and some are in part, with lines blacked out. Some come as a long silence. Each one has a next step.

Florida's open records rules come from Article I, Section 24, of the state constitution and from Chapter 119. Under section 119.07(1)(a), the custodian of a record must let anyone see and copy it. A denial has to fit an exception to that rule.

Step 1: Get the reason for the Florida public records denial in writing

The law does not let an office just say no. If it claims a record is exempt, it must state the basis. That includes the statute it relies on, under section 119.07(1)(e).

You can ask for more. If you ask, the custodian must state in writing, and in detail, why the record is exempt. That is section 119.07(1)(f).

Ask for it in a short, polite note, and keep a copy. That note may matter later if the dispute turns into litigation.

In one case, an office held back facts about a victim with no reason and no statute. The court found that reply too vague. Weeks v. Golden, 764 So. 2d 633 (Fla. 1st DCA 2000).

The agency does not have to tie each black bar to its own statute. It must name the exemptions for each record, not for each line. Jones v. Miami Herald Media Co., 198 So. 3d 1143 (Fla. 1st DCA 2016).

A manila folder on a desk stamped diagonally with DENIED in bold red ink. — A stamped denial does not mean the record is gone. It means you have work to do.

Step 2: Check the public records exemption the agency cites

Once you have the statute number, read the law itself. Then ask one plain question. Do the exact words cover the exact records you asked for?

Courts read the law in favor of open records, and they read each exemption from disclosure in a narrow way. City of Miami Beach v. Miami New Times, LLC, 314 So. 3d 562 (Fla. 3d DCA 2020).

If there is doubt, courts lean toward release. Tribune Co. v. Public Records, 493 So. 2d 480 (Fla. 2d DCA 1986).

The burden is on the agency, too. The office that claims an exemption has to prove it applies. Barfield v. School Board of Manatee County, 135 So. 3d 560 (Fla. 2d DCA 2014).

Policy reasons alone are not enough. The Attorney General has said that “policy considerations” do not, on their own, justify keeping a public record closed. AGO 80-78.

Step 3: Ask for the rest of the record

Even a valid exemption rarely covers a whole file. If an exemption fits part of a record, the custodian must redact, or black out, that part. Then it must let you see and copy the rest, under section 119.07(1)(d).

A city could black out an informant's name in a police report, but had to release the rest. Ocala Star Banner Corp. v. McGhee, 643 So. 2d 1196 (Fla. 5th DCA 1994).

It does not help the agency to say the work is hard. The Attorney General has said that a burden to redact does not excuse a failure to follow the law. AGO 99-52.

So if you got a flat no, write back. Cite section 119.07(1)(d) and ask for the record with only the exempt part blacked out.

Step 4: Narrow the request and follow up

If an exemption does cover part of what you want, you can ask again in a new way. You might ask for a shorter time frame, or for a type of record the exemption does not reach.

You can also ask to inspect the records instead of getting copies. Section 119.07(1)(a) gives you a right to inspect, and section 119.07(4) sets the fees for copies.

Also send your notes up the chain. A supervisor may see the problem and fix it. Keep each letter and email, with the date and the name of the person you sent it to.

When does a delay count as a denial?

Chapter 119 sets no fixed number of days. But an office must answer fast and in good faith, under section 119.07(1)(c).

It may take only a short, fair time to find the records requested and black out what is exempt. Tribune Co. v. Cannella, 458 So. 2d 1075 (Fla. 1984).

A delay with no good reason can count as a refusal.

“Unlawful refusal under section 119.12 includes not only affirmative refusal to produce records, but also unjustified delay in producing them.” Lilker v. Suwannee Valley Transit Authority, 133 So. 3d 654, 655 (Fla. 1st DCA 2014). See what to do when a Florida agency ignores your request.

Can the agency get rid of the record while you argue?

No. Say the custodian claims a record is not public. It still may not dispose of it for 30 days after your written request, under section 119.07(1)(h).

If you sue in that time, it may not dispose of it at all unless a court allows it.

The office also may not answer your request by suing you. Section 119.07(9) bars an office from suing the requester to ask a court if the record is public.

What if the agency says the records do not exist?

That is a different claim from a denial. A good faith reply includes a fair effort to ask other staff if the record exists and where it is. That is part of section 119.07(1)(c).

If the two sides in a case disagree on whether the records exist, the judge should hold a hearing. Grace v. Jenne, 855 So. 2d 262 (Fla. 4th DCA 2003). For more, see what to do if the agency says the records do not exist.

Can you get help without going to court?

Yes. Section 16.60 sets up an informal, voluntary mediation program in the Office of the Attorney General. It is an option to settle open government disputes.

You can reach the office at (850) 245-0140 or at myfloridalegal.com.

Read more about the AG mediation program.

A laptop screen showing a generic email interface with a message subject line reading RE Public Records Request. — Put each step in writing. Your notes help at every stage.

Can you go to court over a denial?

Yes. A person denied the right to see or copy public records may file a civil action against the agency.

A writ of mandamus, a court order that makes an official do a duty, is a common tool. It works even when the agency has claimed an exemption. Deeson Media, LLC v. City of Tampa, 291 So. 3d 974 (Fla. 2d DCA 2019).

You must have made a request first. One court threw out a case where the person never asked the custodian before filing. Maraia v. State, 685 So. 2d 851 (Fla. 2d DCA 1995).

The case should move fast. Section 119.11(1) tells the court to set an immediate hearing and to put the case ahead of others.

For some exemptions, the judge must look at the record in private before ruling, under section 119.07(1)(g).

Do you want the court to make the agency pay your costs and fees? Then send the custodian a written notice 5 business days before you file, under section 119.12(1)(b). Read how to sue a Florida agency, the five-day notice, and attorney's fees in a public records case.

Frequently asked questions

Can a Florida agency deny a public records request without saying why?: No. It must state the basis of the exemption, with the statute. If you ask, it must also put its reasons in writing, under section 119.07(1)(f).
Does an exemption mean the whole record stays closed?: Not as a rule. The office must black out only the exempt part and give you the rest. Section 119.07(1)(d).
Who has to prove the exemption applies?: The agency does. The burden is on the office that claims it, and courts read exemptions in a narrow way.
Can the agency throw out the record while we argue?: No. After a written request, it must keep the record 30 days, even if it claims the record is not public. If you sue in that time, it must keep it until a court says otherwise.
Is a Florida request a FOIA request?: No. FOIA is the U.S. law for U.S. agencies. A request to a state or local office in Florida goes under Chapter 119.
Can I go to court over a denial?: Yes. You can file a civil action to enforce Chapter 119. A writ of mandamus is a common way to do it, even when the agency claims an exemption.

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.