Ten practical tips for the Public Records Act requester
Florida has a well-deserved reputation for allowing the public access to most government records. But that reputation does not mean the right of access is always easy to assert. Here are ten practical tips that can help open up public records:
1. Put the request in writing.
Although the Public Records Act does not require that requests be submitted in writing, doing so provides real practical benefits to the requester (as long as he or she doesn’t mind that the request itself then becomes a public record). The benefits include eliminating uncertainty about what was sought and when. In fact, to make doubly sure a request is received, submit the same request two ways – for example, by U.S. Mail and facsimile. It’s unlikely an agency will lose both copies of the same request. Plus, a fax confirmation sheet proves the request was actually delivered at a particular time and date and to a particular fax number.
2. Ask to inspect unfamiliar or voluminous records.
The Public Records Act provides a statutory right to inspect records, not just to obtain copies. Don’t be too quick to reject the inspection option, particularly if the responsive records are voluminous or unfamiliar. It may be that you can save money, obtain a quick response, and understand the information you’re seeking better by inspecting originals before requesting copies.
3. Agree in advance to pay 15 cents per page for copies of records that are only a few pages.
Agencies have a statutory right to charge 15 cents per page for copies of most records. So, if you know the records being sought are only a couple of pages long – for example, a police report on a minor traffic accident – offer in your request letter to pay 15 cents per page for any copies. That agreement might make the agency more likely to respond by simply sending you the records instead of taking the time to contact you to see if you’ll pay for the copies.
4. Ask for a citation to any exemption.
The Public Records Act requires agencies to state the basis for any claim that requested records are exempt and to provide a statutory citation to the claimed exemption. Reminding the agency of that obligation will help to educate new employees who might not be familiar with the law and will show the agency that you’re familiar with your rights and the agency’s obligations.
5. Ask for a written explanation of a denial.
A requester has the right to a written statement explaining with particularity the reasons for a conclusion by the agency that the records are exempt. So every request letter ought to include language asking for such a written explanation.
6. Ask for a prompt acknowledgement and response.
The Public Records Act requires the agency to acknowledge requests promptly and to respond in good faith. It’s worth reminding the agency of that obligation.
7. Be willing to take one bite at a time.
If you expect the agency will have a lot of responsive records, consider starting with a narrow request and then making follow-up requests. For example, if you want to know how much a veteran politician uses a city-issued cell phone, you could start by asking for just last month’s bill, which is probably more easily accessible than every bill for the last twelve years. Then, if last month’s bill doesn’t answer your question, you can make a follow-up request.
8. Be willing to negotiate.
If an agency calls or writes in response to your request, pay careful attention to any explanation that’s given. It might be that the request was phrased in a way that didn’t describe the records the way the agency does. If so, it might help to rephrase your request. The law contains no limit on the number of requests that a person can make. So, if rephrasing a request will help the agency respond more quickly with the needed information, be willing to negotiate and, if necessary, to revise your request.
9. Make practice requests.
If you expect to deal with the same agency regularly and will sometimes need records in a hurry, consider making a practice request. For example, if you are a reporter covering a particular sheriff’s office, you might ask for reports concerning incidents at your home address. If you make the request politely and treat the agency’s employees courteously, the experience could smooth the way for the next request, when you might need another incident report more quickly.
10. Don’t give up!
Keep asking for the records even if the agency delays or doesn’t respond. Particularly if you deal with that agency often, a reputation for giving up easily might lead the agency to be even less helpful next time. Also, if agencies learn that requester take their access rights seriously, officials will be encouraged to be more open and accessible. And if that happens, we’re all better off.
Jim Lake is a media lawyer with the firm of Thomas & LoCicero in Tampa . He is also an adjunct professor at the Stetson University College of Law and a former journalist.
Sample Public Records Request
Please note that a public records request does not have to be made in writing. However, should you want to make a written request, the following letters can be used as a model. Simply fill in the appropriate date, address, and salutation, and describe the records you are requesting.