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Florida FOIA procedures

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Florida FOIA procedures
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FOIA laws in Florida
Freedom of Information Act
Court cases with an impact on state FOIA
FOIA procedures by state

Each state has laws governing public access to governmental records. These laws are sometimes known as open records laws, public records laws, or FOIA laws after the federal Freedom of Information Act. These FOIA laws define the procedures that people can use to obtain access to these records.

This article describes FOIA procedures in Florida as of May 2025. On this page you will find:

How to request public records in Florida

The Florida Sunshine Law, found in Florida Statutes Chapter 119, requires that requests be submitted to the custodian of the public records in question. Requests do not need to be submitted in writing. According to the Florida Attorney General:[1]

Nothing in the public records law requires that a request for public records be in writing or in person, although individuals may wish to make their request in writing to ensure they have an accurate record of what they requested. Unless otherwise exempted, a custodian of public records must honor a request for records, whether it is made in person, over the telephone, or in writing, provided the required fees are paid. In addition, nothing in the law requires the requestor to disclose the reason for the request.[2]

Purpose and use

The Florida Sunshine Law does not require a statement of purpose for requesting records or restrict the use of records.

Who may request public records?

See also: List of who can make public record requests by state

Any person may request public records in Florida. According to Chapter 119, "It is the policy of this state that all state, county, and municipal records are open for personal inspection and copying by any person. Providing access to public records is a duty of each agency." [3]

Florida is among 42 states that do not require individuals requesting public records to be state residents.

Fees

See also: How much do public records cost?

Florida law allows agencies to charge fees to cover the cost of responding to a public records request. Special service charges are permitted in addition to copying fees in some circumstances. According to Chapter 119:[4]

(4) The custodian of public records shall furnish a copy or a certified copy of the record upon payment of the fee prescribed by law. If a fee is not prescribed by law, the following fees are authorized:

(a)1. Up to 15 cents per one-sided copy for duplicated copies of not more than 14 inches by 8 1/2 inches;
2. No more than an additional 5 cents for each two-sided copy; and
3. For all other copies, the actual cost of duplication of the public record.
(b) The charge for copies of county maps or aerial photographs supplied by county constitutional officers may also include a reasonable charge for the labor and overhead associated with their duplication.
(c) An agency may charge up to $1 per copy for a certified copy of a public record.
(d) If the nature or volume of public records requested to be inspected or copied pursuant to this subsection is such as to require extensive use of information technology resources or extensive clerical or supervisory assistance by personnel of the agency involved, or both, the agency may charge, in addition to the actual cost of duplication, a special service charge, which shall be reasonable and shall be based on the cost incurred for such extensive use of information technology resources or the labor cost of the personnel providing the service that is actually incurred by the agency or attributable to the agency for the clerical and supervisory assistance required, or both.
(e)1. Where provision of another room or place is necessary to photograph public records, the expense of providing the same shall be paid by the person desiring to photograph the public records.
2. The custodian of public records may charge the person making the photographs for supervision services at a rate of compensation to be agreed upon by the person desiring to make the photographs and the custodian of public records. If they fail to agree as to the appropriate charge, the charge shall be determined by the custodian of public records.[2]

Response time

See also: Request response times by state

Florida law does not specify a response time for public records requests. According to Chapter 119:[4]

A custodian of public records and his or her designee must acknowledge requests to inspect or copy records promptly and respond to such requests in good faith. A good faith response includes making reasonable efforts to determine from other officers or employees within the agency whether such a record exists and, if so, the location at which the record can be accessed.[2]

As of May 2025, 11 states had no mandated response time. Of the 39 states with response time limits, 12 allow agencies to extend response times in certain cases, while 27 allow no exceptions. Eight states required responses in three days or fewer, 11 in five days or fewer, 13 in 10 days or fewer, and seven in 20 days or fewer.

Exemptions

Exemptions to the Florida Sunshine Law are outlined in Florida Statutes Chapter 119, Sections 119.071-119.0714. Click here to view those exemptions.

See also

External links

Footnotes

  1. Florida Attorney General, "Open Government - Frequently Asked Questions," accessed May 6, 2025
  2. 2.0 2.1 2.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  3. Online Sunshine, "The 2024 Florida Statutes," accessed May 6, 2025 (Sec. 119.01)
  4. 4.0 4.1 Online Sunshine, "The 2024 Florida Statutes," accessed May 6, 2025 (Sec. 119.07) Cite error: Invalid <ref> tag; name "flfoia" defined multiple times with different content