The 10-business-day clock: how Florida boards actually run a records request

Florida boards do not usually lose records-request disputes because the records do not exist. They lose because something in the process broke — the request sat in an inbox over a holiday, the redaction pass was incomplete, or the board produced the records on day nine and sent no confirmation. The formal §718.111(12) how-to lays out the statute-by-statute requirements. This post focuses on the operational reality of running one correctly, from the moment the written request arrives.

1. Anatomy of a written request

The statute requires the request to be written. That is a lower bar than many boards assume. An email qualifies. A note handed to the front desk qualifies. A letter from the owner's attorney qualifies. A form submitted through an owner portal qualifies. What does not qualify is a verbal request made at a board meeting — though best practice is to follow up by asking the owner to put it in writing.

A useful written request will state who is asking, what unit they own, and which specific records or categories of records they want. In practice, many requests are broader: "all records related to the repair of the parking structure in 2023." The board cannot refuse to respond because the request lacks specificity. It can ask the owner to narrow the request, but asking does not stop the clock.

Here is a sample of what a clear owner request looks like:

Receiving something in this form makes the board's job easier. Receiving something vaguer — "I want to see everything about the roof" — is still a valid request that triggers the clock.

2. When the clock starts and what tolls it

The 10-business-day window begins on the day the written request is received. Not the day the board secretary reads it. Not the day the CAM forwards it. The day it arrives.

Business days are Monday through Friday, excluding state-recognized holidays. A request received on a Friday afternoon starts the clock on the following Monday. A request received on a holiday starts the clock the next business day.

The clock does not pause while the board is waiting for counsel to review a redaction question, unless the records fall within a defined statutory exemption and the association has communicated the delay in writing. A vague "we're reviewing it" sent on day seven is not a toll. A written notice citing the specific exemption at issue is closer to defensible.

Acknowledgment etiquette matters. Sending a brief receipt confirmation on the day the request arrives — noting the date received and the deadline date — creates a contemporaneous record that the intake was handled properly. It also tells the owner they are being taken seriously, which tends to reduce the temperature of what follows.

3. Redaction tradecraft

Not all records are produced in full. §718.111(12) identifies categories of information that must be removed before disclosure. These include certain personal identifiers — Social Security numbers, financial account numbers, driver license numbers — as well as phone numbers, fax numbers, and email addresses that belong to owners or employees. Medical records and attorney-client communications are also withheld in full rather than redacted.

The practical challenge is that protected information often appears inside otherwise producible records. A set of board minutes might include a discussion that references an owner's unit address and payment history. A contract might include the counterparty's personal cell number. A redaction pass has to be thorough enough to catch these.

One useful technique for a board minutes packet: redact first, then review the redacted version as a reader who does not already know what was removed. If the redacted document still makes clear what was behind the blackout, the redaction may need to be expanded. If the document is incomprehensible after redaction, document why and produce what can be produced — don't withhold a clean document because one page required redaction.

When a record is withheld in full, put that in writing in the same response. "The board is producing all requested records with the exception of [description], which is withheld under §718.111(12)(c)5.e as it contains [protected category]." This contemporaneous documentation is the board's first line of defense if the owner challenges the withholding.

4. Fees and recovery

The fee structure is set by statute, not by the board's estimate of what the request cost to fulfill. Associations may charge the actual per-page cost of paper copies, the actual cost of electronic storage media, and personnel time beyond the first 30 minutes spent on the request. The first half-hour of staff time is borne by the association.

What the statute does not allow: a fee for inspection itself, an "administrative processing" charge, a fee for emailing records already in digital form, or a deposit collected before the records are released.

When an owner wants to inspect records in person, the association should designate a location within the county and a reasonable time window — typically during business hours. The owner may use a portable device to photograph or scan records at no charge. When the owner wants copies, produce the records first, then send the itemized invoice. Production is not contingent on the invoice being paid.

5. The audit trail to keep

A records request that becomes a dispute will turn on what was logged. Associations that can produce a contemporaneous record of the following six fields are substantially better positioned than those reconstructing from memory:

1. Timestamp of receipt — the date and time the written request arrived, not when it was read.
2. Identity of requester — name, unit number, and how the request was delivered.
3. Scope of the request — which records or categories were requested, verbatim or closely paraphrased.
4. Fulfilment date — when the records were made available or delivered, and by what method.
5. Who fulfilled the request — which board officer or staff member completed the production.
6. Redactions applied — which categories of information were redacted, with the statutory basis noted.

This log belongs in the official records. It is part of what a Division investigator or opposing counsel will ask for first.

6. Closing

The step-by-step statutory framework for records requests is at /florida/records-requests. The full text and obligations of §718.111 are on the statute reference page. Deadline tracking — including the 10-business-day window — is integrated into the compliance calendar.

This post addresses the operational side of Florida records-request compliance from a software-management perspective. It is not legal advice. Boards with specific questions about their obligations under §718.111(12) should consult qualified Florida counsel.