Receiving the Request
Can a public records request be made anonymously or must the requester identify themselves?
What is "Yes, A person requesting access to or copies of public records may not be required to disclose his or her name, address, telephone number or the like to the custodian, unless the custodian is required by law to obtain this information prior to releasing the records."
AGOs 92-38 and 91- 76. Accord Inf. Op. to Cook, May 27, 2011. See also Bevan v. Wanicka, 505 So. 2d 1116 (Fla. 2d DCA 1987) Cf. s. 1012.31(2)(f), F.S., providing that the custodian of public school employee personnel files shall maintain a record in the file of those persons reviewing an employee personnel file each time it is reviewed.
Chandler v. City of Greenacres, 140 So. 3d 1080, 1085 (Fla. 4th DCA 2014).
How soon must an agency respond to a public records request?
What is “Promptly — agencies must acknowledge and begin processing the request without delay.”
Florida law does not define a strict timeline but requires a “reasonable time” to produce records based on the nature of the request.
The custodian of public records or his or her designee is required to acknowledge requests to inspect or copy records promptly and to respond to such requests in good faith. Section 119.07(1)(c), F.S. Cf. Hewlings v. Orange County, 87 So. 3d 839 (Fla. 5th DCA 2012) (mere fact that county quickly responded to public records request by voicemail and fax is not dispositive of whether county’s 45-day delay in complying with the request was unjustified for purposes of s. 119.12, F.S., authorizing an award of attorney’s fees to a party who succeeds in a civil action resulting from an unlawful refusal to provide public records). PR Manual Page 172.
True or false: Personnel records are exempt.
What is "False. The general rule with regard to personnel records is the same as for other public records; unless the Legislature has expressly exempted certain personnel records from disclosure or authorized the agency to adopt rules limiting access to such records, personnel records are subject to public inspection and copying under s. 119.07(1), F.S." See Michel v. Douglas, 464 So. 2d 545 (Fla. 1985).
All persons have a right to inspect and copy public records, but no right to “____” public records.
What is "require the custodian to either provide information from records or to create new records in response to a request.”
GO 92-38. And see AGO 80-57. Cf. In re Report of the Supreme Court Workgroup on Public Records, 825 So. 2d 889, 898 (Fla. 2002)
What a person may bring when they are denied to inspect and/or copy public records under the Public Records Act. Also the name of 1998 Legal thriller starring John Travolta.
What is “a civil action?” - Cf. s. 119.07(8), F.S.
Can an agency require a records request to be submitted in writing?
What is "No, verbal requests are valid under Florida law."
Dade Aviation Consultants v. Knight Ridder, Inc., 800 So. 2d 302, 305 n.1 (Fla. 3d DCA 2001); Chandler v. City of Greenacres, 140 So. 3d 1080, 1085 (Fla. 4th DCA 2014); PRR Manual.
True or false: A county agency can have a policy which provides for an automatic delay in the production of public records.
For example, a county agency can have a policy to delay inspection of personnel records to allow the employee to be present during the inspection of his or her records.
What is "False. This is impermissible."
Tribune Company v. Cannella, 458 So. 2d 1075, 1078-1079 (Fla. 1984), appeal dismissed sub nom., Deperte v. Tribune Company, 105 S.Ct. 2315 (1985). And see Lake Shore Hospital Authority v. Lilker, 168 So. 3d 332, 333-334 (Fla. 1st DCA 2015) (agency not authorized to automatically delay production by imposing a 24-hour notice requirement); Tribune Company v. Cannella, 458 So. 2d at 1078; And see Grapski v. City of Alachua, 31 So. 3d 193 (Fla. 1st DCA 2010), review denied, 47 So. 3d 1288 (Fla. 2010) (city may not delay public access to board meeting minutes until after the city commission has approved the minutes).
Are personnel records not made or received in the course of official business exempt?
What is "Trick Question. While not exempt, such records need not be disclosed because records which are not made or received in connection with the transaction of official business do not constitute public records for purposes of Ch. 119 disclosure requirements."
See e.g. Butler v. City of Hallandale Beach, 68 So. 3d 278 (Fla. 4th DCA 2011) (e-mail sent by mayor from her personal account using her personal computer and blind copied to friends and supporters did not constitute a public record because the e-mail was not made pursuant to law or ordinance or in connection with the transaction of official business). Similarly, text messages from a city commissioner to her husband during a city commission meeting which were ‘uniformly personal and private’ and were not made in connection with any business transacted by the city, “did not possess the attributes of official business and, therefore, did not become subject to public records inspection.” City of Sunny Isles Beach v. Gatto, 338 So. 3d 1045 (Fla. 3d DCA 2022). The court noted that the commissioner was not acting in her official capacity when she texted with her husband; “[n]or did her husband step out of his role as husband and adopt the role of a citizen either seeking to enter a City process or to transact City business.” Id.
True or false: If the requester desires for the records to be provided in a certain format, the county agency must comply.
What is "False. The intent of Ch. 119, F.S., is “to make available to the public information which is a matter of public record, in some meaningful form, not necessarily that which the applicant prefers.” Accordingly, an agency is not ordinarily required to reformat its records and provide them in a particular form as demanded by the requestor.
AGO 08-29
An appropriate remedy to enforce compliance with the Public Records Act.
What is a “Mandamus” or “mandamus petition?”
Chandler v. City of Greenacres, 140 So. 3d 1080, 1083 (Fla. 4th DCA 2014); Weeks v. Golden, 764 So. 2d 633 (Fla. 1st DCA 2000); Smith v. State, 696 So. 2d 814 (Fla. 2d DCA 1997); Donner v. Edelstein, 415 So. 2d 830 (Fla. 3d DCA 1982).
True or false: A county agency can deny access because the requester made too many or burdensome requests?
What is "False, agencies must respond regardless of volume, unless the request is made to harass or disrupt."
Weeks v. Golden, 764 So.2d 633 (Fla. 1st DCA 2000).
If a record contains both exempt and non-exempt information, can the agency deny the entire request?
What is “No — the agency must redact only the exempt portions and produce the rest.”
Section 119.07(1)(d), F.S. Ocala Star Banner Corp. v. McGhee, 643 So. 2d 1196 (Fla. 5th DCA 1994) (city may redact information identifying confidential informant from police report but must produce the rest for inspection); City of Riviera Beach v. Barfield, 642 So. 2d 1135, 1137 (Fla. 4th DCA 1994), review denied, 651 So. 2d 1192 (Fla. 1995) (police department authorized to withhold statutorily exempt criminal investigative information but must allow inspection of nonexempt portions of the records); and AGO 95-42 (statute providing for confidentiality of certain audit information did not make the entire report confidential and exempt from disclosure; the portions of the report which do not contain exempt information must be released). PR Manual Page 175.
True or false: financial records prepared or received by county agencies as part of their official duties and responsibilities are generally exempt from disclosure.
What is "False."
Many agencies prepare or receive financial records as part of their official duties and responsibilities. As with other public records, these materials are generally open to inspection unless a specific statutory exemption exists. See AGO 96-96 (financial information submitted by harbor pilots in support of a pilotage rate increase application is not exempt from disclosure requirements).
If an agency withholds a record or redacts information, what must it do?
A. Tell the requester they are not entitled to the information
B. Cite the specific statutory exemption and provide it in writing
C. Provide a court order denying access
D. Nothing; silence is acceptable under the law
What is "B. Cite the specific exemption and provide it in writing."
True or false: Actions brought under Chapter 119 are entitled to an immediate hearing and take priority over other pending cases.
What is "True."
Section 119.11(1), F.S.
Must an agency respond promptly if the requester offers to inspect records remotely (e.g. via email or web portal)?
What is "Yes, access to public records by remote electronic means is merely an additional means of inspecting or copying public records; this “additional means of access, however, is insufficient where the person requesting the records specifies the traditional method of access via paper copies.”
Lake Shore Hospital Authority v. Lilker, 168 So. 3d 332, 333 (Fla. 1st DCA 2015); PRR Manual, p. 170.
Under what circumstances can an agency charge for the extensive use of staff or resources in fulfilling a public records request?
What is "An agency may charge a special service charge for extensive use of information technology resources or personnel, but the charge must be reasonable and based on actual incurred costs. Agencies should inform the requestor of this before proceeding."
Section 119.07(4)(d), F.S. provides that if the nature or volume of public records to be inspected or copied requires the extensive use of information technology resources or extensive clerical or supervisory assistance, or both, the agency may charge, in addition to the actual cost of duplication, a reasonable service charge based on the cost actually incurred by the agency for such extensive use of information technology resources or personnel. When warranted, the special service charge applies to requests for both inspection and copies of public records. Board of County Commissioners of Highlands County v. Colby, 976 So. 2d 31 (Fla. 2d DCA 2008). Thus, while an agency may not refuse to allow inspection or copying of public records based upon the amount of records requested or the span of time which is covered by the public records request, if extensive use of information technology resources or clerical or supervisory personnel is needed in order to produce the requested records, the agency may impose a reasonable special service charge that reflects the actual costs incurred for the extensive use of such resources or personnel. See AGOs 92-38 and 90-07. Cf. Trout v. Bucher, 205 So. 3d 876 (Fla. 4th DCA 2016) GOVERNMENT-IN-THE-SUNSHINE-MANUAL 187 (supervisor of elections authorized to charge a reasonable fee based on the labor costs “actually incurred” to comply with Trout’s request to inspect ballots in accordance with s. 119.07[5], F.S.).
Is criminal history information exempt?
What is "It depends. Except where specific exemptions apply, criminal history information is a public record."
AGO 77-125; Inf. Op. to Lymn, June 1, 1990. In some cases, criminal or juvenile records information obtained by specific agencies as part of a background check required for certain positions has been made confidential and exempt from s. 119.07(1), F.S., or use of the information is restricted. See, e.g., s. 110.1127(2)(d) and (e), F.S. (agency positions designated or specified as provided in s. 110.1127, F.S.); s. 1002.36(7) (d) and (e), F.S. (School for the Deaf and the Blind); and s. 39.821(1) F.S. (guardian ad litem). Federal confidentiality provisions also apply to criminal history information received from the U.S. government. For example, criminal history information shared with a public school district by the Federal Bureau of Investigation retains its character as a federal record to which only limited access is provided by federal law and is not subject to public inspection under Florida’s Public Records Act. AGO 99-01. However, information developed by the school district from further inquiry into references in the federal criminal history record information is a public record which should be included in a school district employee’s personnel file. Id. Sections 943.0585 and 943.059, F.S., prohibit a records custodian who has received information relating to the existence of an expunged or sealed criminal history record from disclosing the existence of such record. AGO 94-49.
When a keeper of public records wrongfully withholds records before sending them to the requester.
What is an “unjustified delay?” - (“delay in making public records available is permissible under very limited circumstances.” Promenade D’Iberville, LLC v. Sundy, 145 So. 3d 980, 983 (Fla. 1st DCA, 2014).
True or false: Once a court determines that a county agency unlawfully refused to permit a public record to be inspected or copied, the plaintiff is automatically entitled to the reasonable costs of enforcing the Public Records Act.
What is "False. The plaintiff must have also sent adequate notice pursuant to § 119.12, Florida Statutes.
(1) If a civil action is filed against an agency to enforce the provisions of this chapter, the court shall assess and award the reasonable costs of enforcement, including reasonable attorney fees, against the responsible agency if the court determines that:(a) The agency unlawfully refused to permit a public record to be inspected or copied; and(b) The complainant provided written notice identifying the public record request to the agency’s custodian of public records at least 5 business days before filing the civil action, except as provided under subsection (2). The notice period begins on the day the written notice of the request is received by the custodian of public records, excluding Saturday, Sunday, and legal holidays, and runs until 5 business days have elapsed.
If an inmate submits multiple similar records requests, can the agency deny them as duplicative?
What is "No, unless the agency can show bad faith or that the requests are being used to harass."
AGO 99-52. See also AGO 02-73 (agency must redact confidential and exempt information and release the remainder of the record; agency not authorized to release records containing confidential information, albeit anonymously). Compare Florida Agency for Health Care Administration v. Zuckerman Spaeder, LLP, 221 So. 3d 1260 (Fla. 1st DCA 2017) (trial court order mandating that agency produce a large number of public records within 48 hours “effectively requires AHCA to ignore its statutory duty to redact exempted information”); and Department of Health v. Rehabilitation Center at Hollywood Hills 259 So. 3d 979, 982 (Fla. 1st DCA 2018), reversing a lower court order that ordered production of death certificates without addressing the Department’s “statutory duty to safeguard confidential and exempt information contained in the requested certificates.”
True or false: if a particular record is also maintained by another agency, the custodian is relieved of the obligation to permit inspection and copying in the absence of an applicable statutory exemption.
What is: "No. The fact that a particular record is also maintained by another agency does not relieve the custodian of the obligation to permit inspection and copying in the absence of an applicable statutory exemption. AGO 86-69. If information contained in the public record is available from other sources, a person seeking access to the record is not required to make an unsuccessful attempt to obtain the information from those sources as a condition precedent to gaining access to the public records. Warden v. Bennett, 340 So. 2d 977, 979 (Fla. 2d DCA 1976).
Exemptions must be "________."
What is "construed narrowly and limited to their designated purpose." Because Florida’s public policy favors disclosure, “the Public Records Act is construed liberally in favor of openness, and exemptions from disclosure are construed narrowly and limited to their designated purpose.” City of Miami Beach v. Miami New Times, LLC, 314 So. 3d 562, 565 (Fla. 3d DCA 2020), quoting from Rameses, Inc. v. Demings, 29 So. 3d 418, 421 (Fla. 5th DCA 2010).
An appropriate showing of a demonstrated patter of noncompliance with Chapter 119 and a showing of likelihood of future violations is subject to “_____.”
Does the following constitute a valid five-day notice:
Received on June 10, 2025: We trust this clarification will result in the production of such documents. Accordingly, on or before the close of business on June 16, 2025, please produce any and all documents responsive to the Requests that have not yet been produced, provide a log identifying any withheld documents and the grounds for withholding them, and/or confirm that all responsive documents have been previously produced. Of course, we are providing this follow-up as a professional courtesy to avoid the litigation that follows when there are violations of the Public Records Act and/or the Sunshine Act, on the assumption that there have been oversights in the County’s response and production.
Hence, the June 16, 2025 deadline is reasonable in this context.
What is "Yes. The date received and deadline provide five business days for compliance. The email provides that it is a professional courtesy to avoid litigation."