When a federal agency claims a public records exemption, FOIA requires it to state its decision and reasons, release any reasonably segregable non-exempt part, and mark the exemption used for each deletion unless marking would harm a protected interest. Florida, Washington and Michigan write a similar duty into their own statutes. Other states vary.

Picture a hypothetical requester who asks a city for the inspection reports on a public building and gets back a one-line email: the records are exempt. No statute number, no explanation, no hint whether the whole file is being held or a single page. The word sounds final. Under federal FOIA and the Florida, Washington and Michigan statutes below, the law asks for more than that one word.

An exemption is a provision of a public records law, or of another statute, that allows or requires an agency to withhold a record, or part of one, from public inspection.

Federal FOIA makes the agency show its work

The federal Freedom of Information Act, 5 U.S.C. § 552, covers federal executive-branch agencies. Under § 552(a)(6)(A)(i), an agency has 20 days, excepting Saturdays, Sundays and legal public holidays and subject to the statute’s tolling and extension provisions, to decide whether to comply, and must then notify the requester of “such determination and the reasons therefor.” When the decision goes against you, the same clause requires notice of your right to appeal to the head of the agency within a period the agency sets that is not less than 90 days, and of your right to seek dispute resolution from the agency’s FOIA Public Liaison or the Office of Government Information Services.

The segregation rule sits at the bottom of § 552(b), after the list of exemptions. “Any reasonably segregable portion of a record shall be provided to any person requesting such record after deletion of the portions which are exempt under this subsection.” The statute goes on to require that the amount of information deleted, and the exemption under which each deletion is made, be indicated on the released portion, unless that indication would harm an interest the exemption protects. If it is technically feasible, the marking goes at the place in the record where the deletion was made.

Two more provisions close the gaps. Section 552(a)(6)(F) says that in denying a request in whole or in part, an agency “shall make a reasonable effort to estimate the volume” of what it is withholding and give you that estimate, again unless doing so would harm a protected interest. Section 552(a)(8)(A) says an agency may withhold information only if it “reasonably foresees that disclosure would harm an interest protected by an exemption” or if disclosure is prohibited by law, and it must consider partial disclosure and “take reasonable steps necessary to segregate and release nonexempt information.” Section 552(a)(8)(B) adds that this paragraph does not require disclosure of information otherwise prohibited from disclosure by law or exempted under § 552(b)(3).

Three states put the citation requirement in plain text

The National Archives’ FOIA Reference Guide states that “the FOIA does not apply to records of state or local government agencies” and that all states have their own access statutes, so for a city, county or state agency the rule depends on the state. The difference between FOIA and state records laws decides which statute you cite. In Florida, section 119.07(1)(e) of the 2026 Florida Statutes says the person who has custody of a public record and contends that all or part of a record is exempt “shall state the basis of the exemption that he or she contends is applicable to the record, including the statutory citation to an exemption created or afforded by statute.” Section 119.07(1)(f) adds that, if the requester asks, the custodian “shall state in writing and with particularity the reasons for the conclusion that the record is exempt or confidential.”

Washington’s RCW 42.56.210(3) applies to any agency response refusing inspection “in whole or in part,” so a partial redaction triggers it too. Michigan’s MCL 15.235(5) treats a written denial as the public body’s final determination and lists what it must contain, and MCL 15.235(6) requires the individual designated as responsible for the denial to sign it. Those are three states. The other states each set their own rule, so read your state’s statute before you cite anything.

Write back and ask for the missing pieces

A bare “exempt” can be answered with one short letter. The goal is to get the agency to put its legal basis on paper, which is the same move as naming the document you want: you ask for a specific thing the rule says must exist.

1. Find the governing law. Federal agency: 5 U.S.C. § 552. City, county, school district or state agency: that state’s records statute.
2. Read the denial against the rule. Look for the exemption cited, the reason given, what was withheld (whole records or redactions), and, for a federal denial, the appeal and dispute-resolution notice.
3. Ask for what is missing, in writing, citing the rule. Federal: § 552(a)(6)(A)(i) and the marking requirement in § 552(b). Florida: s. 119.07(1)(e), and ask expressly for written reasons with particularity under s. 119.07(1)(f), since that duty applies when the requester asks. Washington: RCW 42.56.210(3). Michigan: MCL 15.235(5).
4. Ask for the remainder. If a whole record was withheld, ask whether any non-exempt part can be released under the rule for that jurisdiction (federal § 552(b), Florida s. 119.07(1)(d), Michigan MCL 15.244(1); in Washington, RCW 42.56.210(1) covers information whose disclosure would violate personal privacy or vital governmental interests).
5. Calendar the appeal. For a federal denial, find the appeal period stated in the notice. FOIA.gov says that, typically, “all you need to do is send a letter or e-mail to the designated appeal authority of the agency” stating that you are appealing, and that “There is no fee or cost involved.” In Michigan, MCL 15.235(5)(d)(i) describes a written appeal to the head of the public body that “specifically states the word” appeal and identifies the reasons for reversal, and MCL 15.235(5)(d) requires the denial itself to explain your appeal and judicial review rights. Other states set their own appeal routes and deadlines, so check your state’s statute.

A cited exemption may well be valid, and asking for the basis is no promise of release. What the letter does is turn a one-word verdict into a written claim with a statute number attached, one you can check against the statute. If the exemption question turns on your own facts, that is a question for an attorney licensed in your state.

“Exempt” is a conclusion. Where the law asks for the citation, ask for it too.

Where REVOLT fits in

REVOLT Training works both sides of the public records table: it teaches people who file requests and runs governance diagnostics for institutions. Its Must Exist method is to find the written rule an agency adopted for itself, work out what paper it produces, and ask for that paper by name, citing the rule. The FOIA Engineering Playbook is free. The Must Exist Autopsy is a live class on public records request practice, and the Must Exist Campaign is a records engagement that applies the same method on your behalf, against an agency you name.

REVOLT does not provide legal representation or legal advice, and it does not promise that any agency will produce any particular record. Where a question turns on your own facts or your own jurisdiction, involve counsel licensed in your state. If your question turns on a specific denial, an unfamiliar exemption or another state’s statute, book a call.

FAQ

Can an agency just say “exempt” without citing a law?

It depends on which law governs the agency, and several say no. Florida’s section 119.07(1)(e) requires the basis of the exemption, including the statutory citation, Washington’s RCW 42.56.210(3) requires the specific exemption and a brief explanation, and federal FOIA requires the agency to give its reasons and to mark the exemption used for each deletion unless that marking would harm a protected interest. Check your own state’s statute for its rule.

If part of a record is exempt, can the agency withhold the whole thing?

Under federal FOIA, any reasonably segregable portion must be released after the exempt portions are deleted (5 U.S.C. § 552(b)). Florida’s section 119.07(1)(d) requires the custodian to redact the exempt part and produce the remainder, and Michigan’s MCL 15.244(1) requires the public body to separate exempt from nonexempt material and make the nonexempt material available. Washington’s RCW 42.56.210(1) makes its exemptions inapplicable, with listed exceptions, to the extent that information whose disclosure would violate personal privacy or vital governmental interests can be deleted from the records sought.

In Florida, do I have to ask for the reasons in writing?

For the detailed version, yes. Section 119.07(1)(e) requires the custodian to state the basis of the exemption with its statutory citation either way, but the duty in section 119.07(1)(f) to state the reasons “in writing and with particularity” applies when the person seeking the record asks for it. Put that request in writing.

Does it cost anything to appeal a federal FOIA denial?

No. FOIA.gov states that “There is no fee or cost involved” in an administrative appeal, which is typically a letter or e-mail to the agency’s designated appeal authority. Under 5 U.S.C. § 552(a)(6)(A)(i), the agency sets the appeal period, and it cannot be less than 90 days after the adverse determination.

Sources

• 5 U.S.C. § 552, Freedom of Information Act (Legal Information Institute, Cornell Law School). Retrieved 2026-10-20.
• Frequently Asked Questions (FOIA.gov, U.S. Department of Justice). Retrieved 2026-10-20.
• Freedom of Information Act (FOIA) Reference Guide (National Archives and Records Administration). Retrieved 2026-10-20.
• Florida Statutes s. 119.07, Inspection and copying of records (The Florida Senate). Retrieved 2026-10-20.
• RCW 42.56.210, Certain personal and other records exempt (Washington State Legislature). Retrieved 2026-10-20.
• MCL 15.235, Michigan Freedom of Information Act (Michigan Legislature). Retrieved 2026-10-20.
• MCL 15.244, Separation of exempt and nonexempt material (Michigan Legislature). Retrieved 2026-10-20.