RIVEROS CORP NETWORK  |  Apostille de la Haya  ·  Notary Public Center  ·  Compliance Officers  ·  USJurisdiction

+1 (305) 647-3000  ·  WhatsAppEspañolEnglish

ES
FOIA requests

Florida Public Records Requests, and How Other States Differ

We prepare and file public records requests with Florida agencies, counties such as Miami-Dade, cities and courts, and with other states under the law that applies, then follow up with the records custodian. Miami office, English and Spanish, no travel needed.

Woman with a folder walking along tall shelves of archive boxes in a records room

Why doesn't FOIA apply?

The federal FOIA covers executive branch agencies only. It does not apply to state or local governments. States have their own public records laws. We have checked those of Texas, California, New York, Virginia and Illinois, and each has its own name, deadlines and requirements.

In Florida, the Constitution gives every person the right to inspect or copy public records of the three branches of state government and of counties, municipalities and districts, except records exempted by law or made confidential. Chapter 119 of the Florida Statutes puts that into practice: state, county and municipal records are open for personal inspection and copying by any person.

Cardboard archive boxes with blank labels on steel shelves, one half open

Common problems

Man with a folder waiting at an empty counter in a marble public building

A county ignored a "FOIA request."

It was filed under federal law, which does not reach the county.

Man filling out a paper form at a counter with a furrowed brow

The office wants a form and a reason

You are not sure they are allowed to ask.

Woman on a sofa in the evening looking at her phone, laptop closed beside her

Silence

Weeks go by and nobody confirms the request arrived.

Hand holding a page with parts blocked out by black bars

Records released with blacked-out lines

And no explanation.

Woman handing a request slip to a clerk, seen from behind, at a records-hall counter

A court file is needed

Nobody has said whether courts follow the same rules as agencies.

Man at a desk with a laptop and a large map of the United States, looking thoughtful

The records are in another state

You live elsewhere and do not know whether that state will answer.

How we handle it

A county ignored a "FOIA request"

What we do: We file under the state's own law: in Florida, Chapter 119.

A form and a reason are demanded

What we do: In Florida, a custodian cannot require a written request, a stated purpose or your name, unless a statute requires the custodian to ask.

Silence

What we do: The custodian must acknowledge requests promptly and respond in good faith; we follow up on exactly that.

Redactions with no explanation

What we do: The custodian must redact only the exempt part, release the rest and state the legal basis for the exemption. We ask for it.

A Florida court file

What we do: Judicial branch records follow Rule 2.420, and there the request is made in writing.

Another state's records

What we do: We check that state's law first. Virginia, for example, grants access to its citizens.

How it works

1. Tell us which record you need

And which state, county, city or court holds it.

2. We identify the custodian

The agency, county or court that keeps that record.

3. We draft the request under the right law

Chapter 119 for Florida agencies, Rule 2.420 for Florida courts, and, elsewhere, that state's public records statute, such as the Texas Public Information Act or New York's Freedom of Information Law.

4. We file it the way that office takes requests

For Miami-Dade, through its public records request portal.

5. We follow up with the custodian

And tell you about every response.

6. We review what arrives

If lines are redacted, we ask for the legal basis of the exemption.

Florida's law at a glance

  • Who must answer: state, county, district and municipal units of government, and private entities acting on behalf of a public agency.
  • What counts as a public record: documents, letters, photographs, recordings, data and other material, in any format, made or received in connection with official business.
  • What they cannot demand: a written request, your reason or your name, unless a statute requires the custodian to ask for it.
  • Exemptions: Section 119.071 lists general exemptions, such as licensing or employment exam questions, active criminal investigative information and Social Security numbers held by an agency. Other exemptions are spread across other statutes.
  • A written explanation: if you ask, the custodian must explain in writing and in detail why a record is exempt.
  • Fees: the fee set by statute or, where none is set, the actual cost of duplication; when a request requires extensive use of information technology or staff, a reasonable special service charge may be added.

Florida court records: Rule 2.420

Records of Florida’s judicial branch are governed by Rule 2.420 of the Florida Rules of General Practice and Judicial Administration, not by Chapter 119. The request goes in writing to the custodian, specific enough to identify the records, and you do not have to state a reason.

Counties and cities: the Miami-Dade example

Florida counties and cities are bound by Chapter 119. Miami-Dade County, for example, has an official requests page with an online portal to submit and track requests, and it states that you do not have to give your name, explain why, or make the request in writing.

Other states

StateLawOne useful detail
TexasPublic Information Act, Tex. Gov’t Code ch. 552The government body may not ask how the information will be used.
CaliforniaCalifornia Public Records Act, Gov. Code §7920.000 et seq.Access cannot be limited by purpose, and the agency decides within 10 days whether the records are disclosable.
New YorkFreedom of Information Law, Public Officers Law art. 6Within 5 business days of a written request, the agency releases, denies in writing or acknowledges with an approximate date.
VirginiaVirginia Freedom of Information Act, Va. Code §2.2-3700 et seq.The right of access belongs to Virginia citizens and certain media representatives.
IllinoisFreedom of Information Act, 5 ILCS 140No reply within 5 business days counts as a denial.

In McBurney v. Young (2013), the U.S. Supreme Court upheld Virginia’s citizens-only access rule.

Federal courts: PACER, not FOIA

FOIA does not cover the federal courts either. Their case files are available through PACER or at the clerk’s office of the court where the case was filed.

Why Riveros Corp

A real office in Miami

175 SW 7th ST, Suite 1905, in Miami-Dade County. Come in, or do everything remotely.

English and Spanish

For clients, families and teams who prefer to work in Spanish.

Federal, state and local in one place

If you also need federal records, we file the FOIA request through our FOIA requests service.

We tell you which law applies

Before filing, we confirm which statute governs the custodian and what it can and cannot ask of you.

Who is behind it

Riveros Corp was founded by Zulma E. Bourelly, a Florida Notary Public, County Court Mediator and ACAMS-certified CAMS.

What we do, and what we don't

We do

We don't

Requesting for a client

Paralegals, consultants and law firms can hand us public records requests. In Florida, a custodian cannot require your name or reason unless a statute requires it; for Florida court records, the request is made in writing.

Legal basis

  • Florida Constitution, Article I, Section 24.
  • Florida Statutes, Chapter 119.
  • Florida Rules of General Practice and Judicial Administration, Rule 2.420.
  • Public records laws of Texas, California, New York, Virginia and Illinois.

Frequently asked questions

No. FOIA applies to federal agencies only. Florida agencies answer under Chapter 119 of the Florida Statutes.

In Florida, no, unless a statute requires the custodian to ask. A written request cannot be required either.

The law requires the custodian to acknowledge requests promptly and respond in good faith. We cannot promise when a custodian will respond.

The fee set by statute or the actual cost of duplication, plus a possible special service charge when a request needs extensive resources.

In writing, to the custodian, under Rule 2.420. You do not have to state a reason.

Through PACER or the court clerk’s office. FOIA does not cover federal courts.

It depends on the state. Virginia, for example, grants access to its citizens, and the Supreme Court upheld that rule.

The custodian must redact only the exempt part, release the rest and state the legal basis for the exemption.

Yes. Miami-Dade has an online portal to submit and track public records requests.

We review the response with you. Chapter 119 provides a civil action, but bringing it is a matter for a licensed attorney.

Which public record do you need?

Message us on WhatsApp, call +1 305 647 3000 or visit our Miami office. We’ll tell you which law applies and who holds the record.

Email: [email protected] · 175 SW 7th ST, Suite 1905, Miami FL 33130

Related services

FOIA requests

how FOIA works and which federal agency holds which record.

FOIA for businesses

federal contract, inspection and enforcement records.