How to make a public records request

I started Progressive Pensacola to inform; to bring important issues before the citizenry; and to spur citizen involvement in their government.

One tool citizens can use in being actively involved is Florida’s broad public records law.  The law, codified in Chapter 119, F.S., provides for a broad definition of what constitutes a public record, and makes it very easy for citizens to review and obtain copies of public records.

I. What is a public record?
II. Address your request
III. Being specific
IV. Writing a basic request
V. Fleshing out your request
VI. The most important part
VII. One last optional step
VIII. Fulfillment of your request
IX. Sample request

In this guide, I’ll set forth how to make a public records request in the State of Florida.

What is a public record?

Florida law defines “public records” as:

All documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business by any agency.

Generally, if it is a document produced or received by, or a communication sent or received by, or transmitted between, government employees, it’s a public record.  Additionally, information regarding employee salaries and allowances is public information.

There are certain exceptions, or public records that cannot be inspected an viewed by members of the general public.  These exceptions are laid out in 119.071 F.S., but are generally limited to sealed bids, legal documents concerning ongoing or impending litigation, certain police records, and certain personal information about employees.

Address your request

You can make public records requests via e-mail, written request, or even via telephone.  For purposes of this guide, we’ll focus on written/e-mailed requests.

Before making the request, you need to know to know where to send it.  You need to find out who the custodian of record is for the government body to which you intend to submit the request.  For the City of Pensacola, that person is the City Clerk.  When dealing with governments larger than a municipality, it gets a little more complicated.  Generally you want to address a request as specifically as possible.  For general Escambia County records, you can contact the Clerk of the Circuit Court; if your request deals specifically with a subordinate agency, such as the Escambia County Sheriff’s Office, or Escambia County School District, address your requests specifically to those agencies.

Being specific

When making a public records request, it is important to be as specific as possible.  That’s the most important thing to remember.  Be specific.

Government staff will not try to read between lines or parse your words.  If you’re requesting records relating to a contentious topic, they may try to exclude as many documents as possible when responding to your request.  In short, they’re not going to give you anything you don’t ask for, which is why requests need to be as specific as possible.

Writing a basic request

State clearly and specifically which documents, or documents regarding what subject, you are requesting. If pertinent, specify the time frame which you are concerned with. Let’s pretend we’re submitting a public records request to the City of Pensacola regarding “issue XYZ”.

Example:

I hereby request copies of any and all communications, documents, and other public records concerning issue XYZ, transmitted, received, or produced within the 120 days prior to this request.

Alternately, if you merely want to review documents, and perhaps only make copies of some but not all documents, you can state so, and the recipient will typically contact you to schedule an appointment where you may come to their offices and review the documents in question.

Example:

In accordance with s. 119.07(1)(a) F.S., I wish to inspect, at a reasonable time, any and all communications, documents, and other public records concerning issue XYZ, transmitted, received, or produced within the 120 days prior to this request.

Fleshing out your request

Again, be as specific as possible.  List any specific inclusions or exclusion. If you are only interested in communications or documents sent, received, or produced by a specific individual or individuals, say so.

Example:

I hereby request copies of any and all communications, documents, and other public records concerning issue XYZ, transmitted, received, or produced by Mr. John Doe, Director of Stuff, and/or members of his staff, within the 120 days prior to this request.

If you only want specific types of documents, or do not want specific types of documents, say so.

Example:

For the purposes of this request, “communications, documents, and other public records” refers to e-mail, written communications, and memoranda; but excludes photographs, sound, and video recordings.

The most important part

At the end of your request, include the following:

Please consider this communication a request for public records in accordance with Article I, Section 24 of the Florida Constitution and Chapter 119, Florida Statutes. Should you deny my request, or any part of the request, please state in writing the basis for the denial, including the exact statutory citation authorizing the denial, as required by s. 119.07(1)(d), F.S.

This states that your communication is an official request for public records, and tells the recipient that, should they deny your request (or any part of it) to respond to you to tell you the reason, including citing exactly what part of Florida law they are using as the basis to deny your request.  This is required by Florida law.

One last optional step

I like to include one line at the end of requests:

Please promptly acknowledge your receipt of this request in accordance with s. 119.07(1)(c), F.S.

This reminds the recipient of their legal obligation to reply to you and acknowledge that they have received your request.  This lets you know that they’ve received your request, and that it didn’t get lost in cyberspace or the postal system.

Fulfillment of your request

Allow a reasonable amount of time for the recipient(s) to review the records and find the ones you’ve requested.  Keep in mind that government employees typically work 8 AM-5 PM, Monday through Friday.  Depending on the size and scope of your request, it may take as little as 3-4 days or as much as several weeks for the records to be made available to you.

Most but not all public records requests will cost you something. If you request is small, for just a few documents, and those documents can be sent to you electronically, there may be no charge. Florida law allows governments to charge $0.15 per single-sided copy or $0.20 per two-sided copy.  Additionally, if your request is large in scope and requires significant use of staff time, be prepared to pay for their time.

You’re ready to go.

Sample request

For informational purposes, here’s a copy of a recent request I submitted to the City of Pensacola:

To the Clerk of the City of Pensacola and whomever else it may concern:

I hereby request copies, electronic where available, of any and all communications transmitted or received by Mr. Frank Miller, Director of the Pensacola Gulf Coast Regional Airport, members of Airport staff, and members of the staff of the City of Pensacola, concerning or referencing the recent Ground Lease and Development Agreement between the City of Pensacola and Sandspur Development, LLC, or any negotiations or discussion of said agreement, which were in any part transmitted or received within the thirty (30) days prior to this request.

I furthermore specifically request communications referencing or discussing any of the three (3) appraisals obtained by the City of Pensacola, appraising the value of the parcel of land referenced in the aforementioned agreement.

For the purposes of this request, “communications” refers to any communications, including but not limited to memoranda, e-mails, and any written communications; furthermore, this request should be construed to include any digest of communications, including but not limited to phone records or visitor logs.

For the purposes of this request, “communications transmitted or received” should be construed to include any and all communications transmitted by, transmitted between, or received by any of the above specified parties, whether internal communications, or communications transmitted to or received from external agencies or members of the public.

Please consider this communication a request for public records in accordance with Article I, Section 24 of the Florida Constitution and Chapter 119, Florida Statutes. Should you deny my request, or any part of the request, please state in writing the basis for the denial, including the exact statutory citation authorizing the denial, as required by s. 119.07(1)(d), F.S.

Please promptly acknowledge your receipt of this request in accordance with s. 119.07(1)(c), F.S.

It’s long, I know; but like I said, it’s important to be specific.  It’s better to be redundant than to be under-specific.