Florida FOIA Request: Fees, Response Time, and Exemptions

To file what people call a Florida FOIA request, you actually use Florida’s Public Records Law in Chapter 119 of the Florida Statutes; the federal Freedom of Information Act does not apply to state and local agencies. You send a request to the agency’s records custodian describing what you want, and the agency has to let you inspect or copy the records unless a specific statutory exemption blocks release.¹

What You Can Ask For

Chapter 119 defines public records broadly. It covers documents, papers, letters, maps, photographs, films, sound recordings, data processing software, and other material, regardless of physical form, that was made or received in connection with official government business.² Emails, text messages, and database entries all qualify if they relate to official business.

“Agency” is just as wide. It takes in any state, county, district, municipal, or authority-level government body, along with their officers, departments, boards, and commissions, and it reaches private entities acting on behalf of a public agency.² A private contractor handling a government function can be subject to disclosure for records tied to that work.

How to Make the Request

You don’t have to explain why you want the records, show identification, or demonstrate any special interest. The statute gives the right to inspect and copy to “any person.”³ If a clerk asks why you need the records or wants to see your ID first, you can politely decline.

A verbal request is legally sufficient. Put it in writing anyway. An email creates a clear record of what you asked for and when, which matters if there is a later dispute about scope or timing.

Describe the records with precision. Vague requests like “all records about the new highway project” force the agency to guess, which produces delays, bloated responses, and bigger bills. Specify the document types you want, relevant date ranges, names of people involved, and the department likely to hold the material. If you want electronic files instead of paper, say so. Referencing Chapter 119 is not required, but it signals that you know the law and helps route your request to the right person. For anything sizable, ask for a written fee estimate before the agency starts work so you aren’t surprised by the bill.

Send the request to the agency’s custodian of public records. Most agencies list the custodian’s contact information on their website and in their main administrative building. If you can’t find it, call the agency and ask. The duty to produce records falls on the agency that made or received them, so a request sent to the wrong body won’t be forwarded on your behalf. When you’re not sure which agency holds what you need, start with the most likely one and ask; agencies have to make reasonable efforts to determine whether the records exist and where to find them.³

When to Expect a Response

Florida law does not set a specific number of days. Agencies must acknowledge requests “promptly” and respond “in good faith.”³ According to an Attorney General’s opinion, the only permissible delay is the reasonable time needed to retrieve the records and redact any exempt portions.⁴

Simple requests for a few readily available documents should be filled quickly, sometimes the same day. Large volumes, archived files, or records needing extensive review for exemptions legitimately take longer. If weeks pass with no acknowledgment, treat the silence itself as a potential violation. Follow up in writing, and keep copies of every exchange.

What It Costs

Inspecting records in person is free. You pay only when you want copies, and the fees are capped by Section 119.07(4):³

Standard copies up to 14″ x 8½”: no more than 15 cents per one-sided page, plus 5 cents for two-sided.
Certified copies: up to $1 each.
Oversized or non-standard copies: the actual cost of duplication.

Costs can climb on large or complex requests. If fulfilling your request requires extensive use of information technology resources or extensive clerical or supervisory time, the agency may add a “special service charge” on top of duplication costs. That charge must be reasonable and based on actual labor cost.⁵ It should reflect the hourly rate of whoever actually did the work, not a manager’s rate for clerical tasks. Ask for an itemized breakdown if the number looks high.

What the Agency Can Withhold

The law is broad, but hundreds of specific statutory exemptions are scattered through the Florida Statutes. Courts construe them narrowly, and the exemption must be one the Legislature actually created. Among the ones you’re most likely to meet:

Active criminal intelligence and investigative information while an investigation is ongoing.⁶
Home addresses, phone numbers, dates of birth, and photographs of active or former law enforcement officers, firefighters, judges, state attorneys, public defenders, code enforcement officers, and several dozen other categories of personnel, along with identifying details about their spouses and children.⁶
All Social Security numbers held by any agency.⁶
Trade secrets and proprietary business information submitted by companies doing business with the government.

When an agency claims an exemption, the custodian must identify the specific statutory citation. If you ask, the custodian has to put the reasons for withholding in writing, with particularity.³ “That’s confidential” is not an answer. If only part of a record is exempt, the agency must redact the protected portions and release the rest.

If the Agency Says No or Goes Silent

You have two realistic paths.

Try Mediation First

The Florida Attorney General’s Office runs an Open Government Mediation Program for public records disputes.⁷ It’s voluntary, so the agency has to agree to participate, and it has no binding enforcement power. It’s worth trying when the problem looks like miscommunication rather than deliberate stonewalling.

File a Civil Action

If mediation fails or the agency won’t participate, you can sue to compel production. There’s a prerequisite you cannot skip: you must give written notice to the agency’s custodian identifying your request at least five business days before filing suit. Skipping it risks your ability to recover attorney’s fees even if you win. The one exception: if the agency hasn’t prominently posted the custodian’s contact information in its main building and on its website, the notice requirement doesn’t apply.⁸

If the court finds the agency unlawfully refused inspection or copying, it must award reasonable enforcement costs, including attorney’s fees. This cuts both ways. If the court determines you filed for an “improper purpose,” meaning primarily to cause a violation or for a frivolous reason, the court will award fees against you and in favor of the agency.⁸ The statute does not authorize monetary damages beyond enforcement costs.

Court Records Follow a Different Rule

If what you want comes from a court rather than an executive-branch agency, Chapter 119 does not apply directly. Judicial branch records are governed by Rule of Judicial Administration 2.420. The general principle is the same, with specific exceptions. For administrative records of a court, the custodian is the chief justice or chief judge. For case files and other court documents, the custodian is typically the clerk of court for that jurisdiction, and most clerks offer an online portal for active cases. Confidential judicial records include internal memoranda, draft opinions, conference notes, sealed records, and complaints against judges before probable cause is established. If a party wants records sealed, the court must hold a hearing before granting the request and the party must demonstrate a factual and legal basis for confidentiality.

1
My Florida Legal. The Sunshine Law
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Online Sunshine. Florida Statutes 119.011 – Definitions
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Justia Law. Florida Statutes 119.07 – Inspection and Copying of Records; Photographing Public Records; Fees; Exemptions
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My Florida Legal. Public Records Requirements; Standing Requests
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Florida Senate. Florida Statutes 119.07 – Inspection and Copying of Records; Photographing Public Records; Fees; Exemptions
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Online Sunshine. Florida Statutes 119.071 – General Exemptions from Inspection or Copying of Public Records
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My Florida Legal. Open Government
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Florida Senate. Florida Statutes 119.12 – Attorney Fees