How long does a Florida agency have to respond to a public records request?

Florida law does not set a fixed deadline. The agency must acknowledge the request promptly and respond in good faith within a reasonable time, judged by the volume and complexity of the request and any exemptions that need review.

Is there a 10-day rule for public records in Florida?

No. The 10-day rule is from the federal Freedom of Information Act, which does not apply to Florida agencies. Florida uses a reasonable time standard.

What counts as unlawful delay under §119.12?

A delay that is not justified by the agency's need to determine whether the records exist, review them for exemptions, or wait for fee payment. Florida courts have held that unjustified delay is the same as a refusal for fee-shifting purposes.

Can I get my attorney fees back if I win?

Yes, if the court finds the agency unlawfully refused to permit a record to be inspected or copied and you provided the §119.12 pre-suit notice. Pro-se litigants can recover reasonable costs.

Home / Agency stalls and denials

What to Do When a Florida Agency Ignores Your Public Records Request

Written by Adam Bair.Published April 28, 2026Updated April 28, 2026

After reading this, you will know how Florida law treats agency silence, what to do at each stage of the stall, and when the silence becomes a lawsuit.

Florida agencies stall public records requests every day. Sometimes the silence is ordinary backlog. Sometimes it is a soft denial dressed up as a delay. Either way, the law gives a requester a clear ladder to climb. Each rung makes the next step harder for the agency to ignore.

First, the bad news: there is no fixed deadline in Florida law

The actual standard is reasonable time under the circumstances

Section 119.07(1)(c) of the Florida Statutes requires the records custodian to acknowledge a public records request promptly and respond in good faith. There is no number of days in the statute. The standard is a reasonable time given the volume and complexity of the request and any exemptions the agency must review.

A simple, narrow request should produce something within days. A broad request that pulls thousands of pages and requires exemption review will take longer. The point is that reasonable is judged on the facts of the request, not on a preset clock.

Why other websites get this wrong

A lot of online guides repeat a 10-day rule. That number comes from the federal Freedom of Information Act, which has nothing to do with Florida agencies. Florida has its own regime under Chapter 119 and uses the reasonable-time standard, not a 10-day clock.

What the law does require of the agency

Prompt acknowledgment

Section 119.07(1)(c) requires the custodian to acknowledge the request promptly. An acknowledgment is not the records. It is a confirmation that the request was received and is being processed, ideally with a sense of how long the agency expects to need.

Good-faith response

Good faith means the agency makes reasonable efforts to determine whether the records exist, where they live, and what it takes to produce them. Good faith includes asking other employees and, where applicable, looking at official communications on personal devices. An agency policy that bakes in delay, such as a rule that no record is released until a board votes, is not consistent with the statutory duty to respond in good faith.

A written basis for any denial, on request

Section 119.07(1)(e) and (f) requires the agency to state the basis for any denial in writing on request, with the specific statutory citation that authorizes the withholding. A denial without a cited statute is not a real denial. It is a stall in formal clothing.

When agency silence becomes unjustified delay

What courts have said about delay

The Florida Supreme Court held in Tribune Company v. Cannella, 458 So. 2d 1075 (Fla. 1984), that an automatic delay policy is impermissible. An agency may take time to determine whether records exist, review them for exemptions, or wait for payment of a valid fee estimate. Outside those reasons, delay must be justified case by case.

The First District Court of Appeal in Lilker v. Suwannee Valley Transit Authority, 133 So. 3d 654 (Fla. 1st DCA 2014), put the rule in plain language. Unlawful refusal under section 119.12 includes not only an affirmative refusal to produce records, but also unjustified delay in producing them. Bad faith is not required. Mistake or ineptitude can support fee shifting.

The Florida Supreme Court in Board of Trustees, Jacksonville Police and Fire Pension Fund v. Lee, 189 So. 3d 120 (Fla. 2016), confirmed that the good-faith requirement is part of the statute. A separate finding of bad faith is not necessary for the requester to recover fees.

Production after a lawsuit is filed does not erase the violation

Some agencies finally produce records the day they are sued and then argue the case is moot. Florida courts have rejected that. Production after suit does not moot the claim and does not eliminate fee exposure for the agency.

Step 1. The follow-up nudge (days 7-14)

What to say

If a week passes with no acknowledgment, send a polite follow-up email. Keep it short. Reference the original request and the date sent. Quote the statutory acknowledgment duty. Most stalls die at this step because the custodian sees that you know the rule.

What to ask for

Confirmation that the request was received.
The status of the request.
An estimated date for production.
The custodian's name and direct contact information.
If the agency intends to deny in whole or in part, the written basis under section 119.07(1)(f).

Step 2. Escalate inside the agency (week 3)

Custodian's supervisor and the agency head

Send the original request, the follow-up nudge, and the dates of each to the custodian's supervisor and to the agency head. Many stalls die here too. A supervisor who learns that a public records request has been ignored for three weeks usually fixes it before the next morning.

Demand the §119.07(1)(f) written basis if any denial is implied

If the agency has hinted at a denial, even by silence, ask for the written basis with the specific statutory citation. Force the agency to put its theory on paper. Florida courts read exemptions narrowly. Once the agency picks a statute, you can read it and decide whether it actually covers what the agency wants to withhold.

Step 3. The Attorney General's voluntary mediation program

Free, informal, often overlooked

Section 16.60 of the Florida Statutes establishes a voluntary mediation program for open-government disputes within the Office of the Attorney General. The program is free. It is informal. It works often enough that it is worth a try before filing suit.

How to invoke it

Contact the Attorney General's Open Government Mediation Program in writing. Describe the agency, the request, the dates, and the dispute. The program contacts the agency and attempts to resolve the matter without litigation. Mediation is voluntary on the agency's side, but agencies often participate because the alternative is a lawsuit and a fee award.

Step 4. Pre-suit notice under §119.12

The 5-business-day written notice

Before suing, the requester must give the agency's custodian a separate written notice identifying the public records request, at least 5 business days before filing. Business days exclude Saturdays, Sundays, and legal holidays. Section 119.12(1)(b) requires this.

The notice is a separate document. A new public records request does not count. The Fourth District Court of Appeal said so directly in Roldan v. City of Hallandale Beach, 331 So. 3d 348 (Fla. 4th DCA 2023). Skipping the notice usually kills fee shifting and can kill the case posture.

Notice exception when the agency fails to post custodian contact info

Section 119.12(2) excuses the 5-day notice if the agency does not prominently post the contact information for the custodian of public records at the agency's primary administrative building and on its website. Check both before you file. If the posting is missing, document it (photographs, screenshots, dates) and plead the exception.

Step 5. Mandamus

What you have to plead

A Chapter 119 mandamus petition has four basic elements:

A specific public records request.
The agency received it.
The requested records exist.
The agency improperly refused to produce them in a timely manner.

The accelerated hearing right under §119.11

Section 119.11(1) entitles the petitioner to an immediate hearing that takes priority over other pending cases. Use the word immediate. Section 119.11(2) requires compliance within 48 hours after the court enters judgment for the petitioner.

Attorney fees under §119.12 if you win

Section 119.12 shifts attorney fees to the agency when the court finds an unlawful refusal, provided the requester gave the 5-business-day pre-suit notice or the posting exception applies. Pro-se litigants can recover reasonable costs of enforcement. There is no private right of action for monetary damages under section 119.12(4); only enforcement costs and fees.

Section 119.12(3) also creates a reverse fee shift for improper-purpose requesters. If the court finds the request or the litigation was for an improper purpose (frivolous, or primarily designed to cause a Chapter 119 violation so the requester can sue), the requester loses fee shifting and pays the agency's fees and costs. The improper-purpose bar is narrow; it exists to deter fee-trap abuse, not to deter legitimate enforcement.

Criminal exposure is also on the books. A public officer who knowingly violates section 119.07(1) commits a first-degree misdemeanor under section 119.10(1)(b). Prosecutions are rare. The provision is more often useful as a pressure point in correspondence than as a realistic outcome.

Frequently asked questions

How long does a Florida agency have to respond to a public records request?: Florida law does not set a fixed deadline. The agency must acknowledge the request promptly and respond in good faith within a reasonable time, judged by the volume and complexity of the request and any exemptions that need review.
Is there a 10-day rule for public records in Florida?: No. The 10-day rule is from the federal Freedom of Information Act, which does not apply to Florida agencies. Florida uses a reasonable time standard.
What counts as unlawful delay under §119.12?: A delay that is not justified by the agency's need to determine whether the records exist, review them for exemptions, or wait for fee payment. Florida courts have held that unjustified delay is the same as a refusal for fee-shifting purposes.
Do I have to give the agency a notice before suing?: Usually yes. Section 119.12(1)(b) and (2) require a separate written notice identifying the public records request to the agency's custodian at least 5 business days before filing. Business days exclude Saturdays, Sundays, and legal holidays. The exception is if the agency fails to prominently post the custodian's contact information at the primary administrative building and on the agency's website.
Is the Attorney General's mediation program a real option?: Yes. Section 16.60 of the Florida Statutes establishes a voluntary mediation program for open-government disputes within the Office of the Attorney General. It is free and often overlooked.
Can I get my attorney fees back if I win?: Yes, if the court finds the agency unlawfully refused to permit a record to be inspected or copied and you provided the §119.12 pre-suit notice. Pro-se litigants can recover reasonable costs.

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.