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What to Do When a Florida Agency Is Ignoring Your Public Records Request

Written by Adam Bair.

TL;DR: Is a Florida agency ignoring your public records request? There is no fixed deadline, but the office must answer promptly and in good faith. If it stays silent, follow up, go up the chain, try mediation, and send the 5-day notice before you sue.

This guide explains how the law treats silence and what to do at each stage. It also shows when the silence turns into a lawsuit.

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

The real standard: a prompt, good faith answer

Under Section 119.07(1)(c), the records custodian must acknowledge each request promptly and act in good faith. The law sets no number of days, and there is no 10-day rule.

An office may delay for only a few reasons. It may check whether the records exist, review them for exempt parts, or wait for a fee. Promenade D'Iberville, LLC v. Sundy, 145 So. 3d 980, 983 (Fla. 1st DCA 2014).

What the law does require of the agency

An acknowledgment is not the records themselves. It tells you the office got the request, but the office still has to produce the records.

A good faith answer includes a fair effort to ask other staff if the records exist and where they are. Board of Trustees, Jacksonville Police & Fire Pension Fund v. Lee, 189 So. 3d 120, 128 (Fla. 2016).

An office may not make every request wait a set time. Tribune Co. v. Cannella, 458 So. 2d 1075, 1078 (Fla. 1984). A pension board also may not hold its records until the board votes, says AGO 96-55.

A written basis for any denial, on request

If the office claims an exemption, Section 119.07(1)(e) says it must name the law it relies on. If you ask, Section 119.07(1)(f) makes it state in writing why it keeps the record closed.

Courts read exemptions narrowly. Once the office names a law, you can read it and check whether it fits.

When agency silence becomes unjustified delay

What courts have said about delay

A delay with no good reason counts as an unlawful refusal under Section 119.12. Lilker v. Suwannee Valley Transit Authority, 133 So. 3d 654, 655 (Fla. 1st DCA 2014).

The court does not need to find bad faith before it awards fees. Lee, 189 So. 3d at 122.

A town owed fees even when its clerk's mistakes caused the delay. Barfield v. Town of Eatonville, 675 So. 2d 223 (Fla. 5th DCA 1996).

But delay alone does not create liability, since the court asks whether the delay had a good reason. Consumer Rights, LLC v. Union County, 159 So. 3d 882, 885 (Fla. 1st DCA 2015).

Production after a lawsuit is filed does not erase the violation

Some offices hand over records only after you sue, then call the case moot. Records produced after the suit starts do not end the case. Mazer v. Orange County, 811 So. 2d 857, 860 (Fla. 5th DCA 2002).

A failure to respond with no good reason until after suit counts as an unlawful refusal. Weeks v. Golden, 764 So. 2d 633 (Fla. 1st DCA 2000).

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

If a week goes by with no reply, send a short and polite follow-up email. Point to the first request and the date you sent it, and mention the duty to acknowledge it promptly.

What to ask for

Step 2. Go up the chain inside the agency (week 3)

The custodian's supervisor and the agency head

Send the first request, the follow-up, and their dates to the supervisor and to the head of the office. Keep a copy of each one.

Ask for the written basis if a denial seems likely

If the office has hinted at a denial, ask for the written basis and the statute it relies on. That puts its theory on paper, where you can test it.

Step 3. The Attorney General's voluntary mediation program

Free and informal

Section 16.60 of the Florida Statutes sets up a free, voluntary open government mediation program in the Attorney General's office. Write to the program and give it the name of the office, the request, the dates, and the dispute.

The office may choose to stay out, since each side decides for itself. It still costs you nothing to try before you file suit.

Step 4. Pre-suit notice under Section 119.12

The 5-business-day written notice

To seek fees, give the custodian a separate written notice that names your request. It must go out at least 5 business days before you file suit, under Section 119.12(1)(b).

A new request for records does not count as that notice. Roldan v. City of Hallandale Beach, 331 So. 3d 348 (Fla. 4th DCA 2023). Without the notice, you can lose the right to recover fees.

Notice exception when the agency fails to post custodian contact info

Section 119.12(2) excuses the notice if the office failed to post its custodian contact details in plain view. The details have to be in its main building and on its website, if it has one.

Check both before you file. If the posting is missing, keep photos, screenshots, and dates.

Step 5. Mandamus

Mandamus is a court order that makes an official do a duty the law requires. It is a proper way to enforce Chapter 119. Chandler v. City of Greenacres, 140 So. 3d 1080, 1083 (Fla. 4th DCA 2014).

You must send a request before you sue. Maraia v. State, 685 So. 2d 851 (Fla. 2d DCA 1995). Then, to win, you must show four things:

Those four points come from O'Boyle v. Town of Gulf Stream, 257 So. 3d 1036, 1040 (Fla. 4th DCA 2018).

The accelerated hearing right under Section 119.11

Section 119.11(1) gives these cases an immediate hearing, ahead of other pending cases. If you win, Section 119.11(2) gives the office 48 hours to comply unless the court says otherwise.

Attorney fees under Section 119.12 if you win

Under Section 119.12(1), the court must award fees and costs if it finds an unlawful refusal. You must also have sent the 5-day notice.

A requester who wins without a lawyer can still get back fair costs. Weeks v. Golden, 764 So. 2d 633 (Fla. 1st DCA 2000).

Section 119.12(3) cuts the other way when a request or a suit has an improper purpose. That means a request made mainly to cause a violation, or for a frivolous purpose. If the court finds one, you get no fees and must pay the fees of the office instead.

A public officer who knowingly breaks Section 119.07(1) commits a first-degree misdemeanor under Section 119.10(1)(b).

Related

Frequently asked questions

How long does a Florida agency have to respond to a public records request?
Chapter 119 sets no fixed number of days. The office must acknowledge the request promptly and respond in good faith, and only a few reasons justify a delay.
Is there a 10-day rule for public records?
Chapter 119 has no 10-day rule. The test is a reasonable time, based on the facts of each request.
What counts as unlawful delay under Section 119.12?
A delay with no good reason counts. Good reasons include finding the records, checking them for exempt parts, or waiting for a fee.
Do I have to give the agency a notice before suing?
You need it if you want to seek fees. Give the office separate written notice of the request at least 5 business days before you file. The one exception is when the office failed to post the contact details it must post.
Is the Attorney General's mediation program a real option?
It is a free program under Section 16.60 for open government disputes. The office can choose to stay out, but it costs you nothing to try.
Can I get my attorney fees back if I win?
Yes, if the court finds an unlawful refusal and you gave the 5-day notice. A requester who wins without a lawyer 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.