In this episode of Unsealed, Joel Chandler breaks down section 119.12 of the Florida Statutes and its critical notice requirement. Added in 2017, this provision requires requesters to provide written notice of their public records request at least five business days before filing suit—unless the agency has failed to properly post its custodian of records contact information.
Joel discusses the Fourth District Court of Appeal’s decision in Roldan v. City of Hallandale Beach, 361 So. 3d 348 (Fla. 4th DCA 2023), which confirmed that an original written request does not satisfy the notice requirement. The case highlights the importance of sending a separate written notice and keeping proof of delivery.
On the other side, agencies that do not prominently post their custodian’s contact information in their primary office and on their website waive the protections of the notice requirement. Joel suggests that agencies should place this information on their home page, next to the section 668.6076 warning about public records and email addresses.
The takeaway is simple: for requesters, send proper notice and keep records; for agencies, post custodian contact information where the law requires. Following these rules reduces disputes and ensures the public’s right of access to records is honored.
