What to do if Hamilton County Jail says a record isn’t public

A denial isn't the end of the road. It usually means the jail's records custodian is taking a position about access. Under Florida's public records rules, the custodian should promptly acknowledge your request and respond in good faith - including making reasonable efforts to determine whether the record exists and where it's kept. If you're getting a quick brush-off, circle back. Ask for confirmation that they've actually checked for the record and identified where it would be located.

Put your request in writing. Here's why: once you serve a written request to inspect or copy a record, the jail cannot dispose of that record for 30 days - even if they claim it isn't public. That 30-day window is your protection.

Ask for the denial in writing, with specifics. If you request it, Hamilton County Jail can be required to state "with particularity" why the custodian concluded the record is exempt or confidential. This is one of your most useful moves. It forces the decision into clear language you can actually respond to - not just a vague "we can't release that."

The 30-day non-disposition rule gives you breathing room. Once you serve a written request to inspect or copy a record, the jail cannot destroy or discard it for 30 days - even if they say it's not public. This doesn't guarantee you'll get the record, but it buys you time to press for a clearer explanation or correct any misunderstanding about what you asked for.

• ✓ Make sure your request to inspect or copy the record is in writing.
• ✓ Keep a copy of what you sent (exact wording matters).
• ✓ Keep proof of when the written request was served (date and method).
• ✓ Save any response from the jail that says the record “is not public,” “exempt,” or “confidential.”

While you wait, document everything. Save emails, letters, and notes from phone calls - include who you spoke with, when, and what they said. If the written explanation you receive is vague, ask again for the reasons "with particularity." You need to understand exactly why the custodian concluded the record is exempt or confidential. And if no one seems to have actually checked for the record, follow up. Ask the custodian to confirm they made reasonable efforts to determine whether the record exists and where it's located.

1. Get confirmation they’re actually looking - Ask for prompt acknowledgement and a good-faith response, including reasonable efforts to determine whether the record exists and where it’s located.
2. Request the denial in writing, with specifics - Ask the custodian to state in writing, with particularity, the reasons they concluded the record is exempt or confidential.
3. Lock in the 30-day preservation window - Serve your request to inspect or copy the record in writing, then keep proof of when it was served so the 30-day non-disposition rule is clear.

If the written reasons don't explain anything - or you're still being told "not public" without a specific justification - consider escalating outside the jail. At minimum, keep pushing for the reasons in writing and stay organized. The 30-day non-disposition period tied to your written request is a limited window, and preserving the record matters most during that time.