Beat Police Departments at Their Own Game: Public Records Request Fundamentals

Know Your Basic Rights

Under Florida law, a person may inspect and copy public records at a reasonable time, under reasonable conditions and under the supervision of the records custodian. The agency must acknowledge requests promptly and respond in good faith.

• You generally do not have to provide identification.
• You generally do not have to explain why you want the records.
• Your request generally does not have to be in writing, although a written request creates a useful paper trail.
• You may ask for an estimate of the time and cost required.
• If an agency claims an exemption, you may ask for the statutory citation and a written explanation.
• If only part of a record is exempt, the agency generally must redact that part and produce the remainder.

These points come from the Florida Attorney General’s Citizen Guide and section 119.07, Florida Statutes.

A Simple Request Strategy

1. Identify the agency and custodian. Send the request to the agency that created or received the record. Use its public-records portal or published custodian contact when available.
2. Describe records, not questions. Ask for identifiable documents, video, audio, messages or data. Include useful date ranges, names, incident numbers, locations or record types.
3. Keep the scope manageable. A focused request is easier to search, review and price. If you need many unrelated items, consider separate requests.
4. Ask for electronic delivery. Request the native electronic format when practical and ask for an estimate before the agency performs chargeable work.
5. Keep a timeline. Save the request, confirmation, estimates, invoices, exemption notices and follow-up messages.

Copy-and-Paste Request Template

You are not generally required to use this wording, identify yourself or state a purpose. The template is designed to create a clear record of what was requested.

Records You Can Consider Requesting

Whether a record can be released depends on its contents and any applicable exemption. Ask for the record even if you are unsure, and let the custodian identify any lawful basis for withholding or redaction.

Control Fees Before Work Begins

Florida law authorizes certain duplication charges and may allow a special service charge when a request requires extensive use of information-technology resources or extensive clerical or supervisory assistance. “Extensive” depends on the facts, so ask the agency to explain its calculation.

• Request an itemized written estimate before chargeable work begins.
• Ask which employee classification and hourly rate were used.
• Ask whether inspection or electronic delivery would reduce duplication costs.
• Narrow the date range, custodians, file types or subject matter if the estimate is too high.
• Ask whether previously produced or already-redacted copies are available.

Review the current fee language in section 119.07(4), Florida Statutes. Do not assume that every fee is unlawful simply because it is high; request the calculation and compare it with the statute.

When an Agency Delays or Denies Access

1. Send a polite written follow-up that repeats the request and asks for a status update.
2. Ask for the name and contact information of the person handling the request.
3. If an exemption is claimed, request the statutory citation and a written explanation with particularity.
4. Ask the agency to release all nonexempt portions and explain any redactions.
5. If the dispute remains unresolved, consider the Florida Attorney General’s Open Government Mediation Program or consult an attorney.

Florida’s Attorney General says its mediation program assists with public-access disputes. It can be reached through the Open Government page or at (850) 245-0140.

Before considering a lawsuit

Public-records litigation is fact-specific and can involve financial risk. Section 119.12 addresses attorney-fee awards and generally requires written notice identifying the request to the agency’s custodian at least five business days before filing, subject to statutory exceptions. Read the current section 119.12 and obtain legal advice before acting.

Useful Terms

Official Florida Resources

The 2025 Government-in-the-Sunshine Manual is an official legal reference published by the Florida Attorney General’s Office. Use it with the current Florida Statutes to check laws, exemptions and procedures. Statutes and case law change, so confirm the current version before relying on a rule.