NOTE: States have different laws governing written requests, and each FOIA letter may have to be altered accordingly. For example, many states allow individuals to request a fee waiver for copying costs. Sometimes the fee waiver is completely within an agency’s discretion, such as in California. In Illinois, however, the waiving of fees is mandatory when the requestor claims it is in the public interest. State laws also differ as to the amount of time the agency is allowed to respond to a records request. For instance, Florida allows a “reasonable time,” and Massachusetts requires the agency to respond within ten days. The Reporters’ Committee for Freedom of the Press maintains an extremely helpful website, Tapping Officials’ Secrets, which addresses these issues state-by-state. Each state’s FOIA law is listed in its entirety, and the site even allows the user to compare individual provisions of state laws. Please feel free to peruse your state law to better help you draft a letter accordingly.

The following sample letter is provided by University of Florida’s Marion Brechner Citizen Access Project:

Dear <Records Custodian>:

I am writing to request <be as specific about your request as possible>, pursuant to the Public Records Act <of your state code>.

This request includes copies of every document related to the matter, regardless of the format in which the information is stored. (If the information you are looking for is on a computer somewhere, remind the custodian that information stored on a computer is as much a public record as a written page in a book or stored in a filing cabinet.)

If you refuse to provide this information, <your state’s code> requires you to advise me in writing and indicate the applicable exemption to the Public Records Act. Also, please state with particularity the reasons for your decision, as required by state law. If the exemption you are claiming only applies to a portion of the records, please delete that portion and provide photocopies of the remainder of the records, according to <your state’s code>.

I agree to pay the actual cost of duplication as defined in <your state’s code>. However, if you anticipate that, in order to satisfy this request, “extensive use” of information technology resources or extensive clerical or supervisory assistance as defined in <your state’s code> will be required, please provide a written estimate and justification.

I request these records be available by <pick a reasonable date>. If you have any questions or need more information in order to expedite this request, please call me at <phone number where you can be reached>.

Thank you.

<Your Name>
<Your Address>

For a similar example of a sample FOIA letter, click here.