Why “Any and All Records” Can Get You a Fee Estimate, and What to Ask For Instead

by Chaz Stevens, CLE Faculty
Why “Any and All Records” Can Get You a Fee Estimate, and What to Ask For Instead
Broad public records requests often get priced out or stalled because they ask a custodian to search a subject instead of retrieving a record. Federal FOIA, for example, requires a request that reasonably describes the records. Naming the document, its office and the rule behind it gives the custodian something specific to find.
Picture a hypothetical resident who emails the county asking for any and all records about a new stormwater fee. Two weeks later a reply arrives with an estimate for staff time, because somebody now has to decide which inboxes, which departments and which years count as “about” the fee. Some state laws allow that kind of charge when the work is extensive, and Florida’s is one of them. The resident asked for a topic, and the county answered with an estimate.
A reasonably described records request is one that gives the agency enough detail to find the record with a reasonable amount of effort.
The law asks you to describe the records, and a named document is the easiest thing to describe
The federal Freedom of Information Act, 5 U.S.C. § 552(a)(3)(A), says an agency shall make records promptly available “upon any request for records which (i) reasonably describes such records” and follows the agency’s published rules. The federal government’s own FOIA.gov guidance puts it in plainer words: “The request simply must be in writing and reasonably describe the records you seek.”
The U.S. Department of Justice spells out what that means for requests sent to its own components. Its regulation, 28 CFR 16.3(b), says requesters “must describe the records sought in sufficient detail to enable Department personnel to locate them with a reasonable amount of effort” and asks for details “such as the date, title or name, author, recipient, subject matter of the record, case number, file designation, or reference number.” The rule binds only DOJ, but the list works as a checklist for any request, and the same rule warns that a request that does not reasonably describe the records “may be delayed.”
Federal requests that ask questions run into a second problem. FOIA.gov states that “The FOIA does not require agencies to create new records or to conduct research, analyze data, or answer questions when responding to requests.” A request to a federal agency asking why the agency changed its grant rules asks for research. A request for the staff memo that recommended the change asks for a record.
Under federal FOIA, search time can be billed, and a wide search runs longer
For federal requesters who are neither commercial users nor in the educational, scientific or news media category, fees are limited to “reasonable standard charges for document search and duplication” (5 U.S.C. § 552(a)(4)(A)(ii)(III)). When records are not sought for commercial use, educational or noncommercial scientific institutions whose purpose is scholarly or scientific research, and representatives of the news media, pay duplication charges only (§ 552(a)(4)(A)(ii)(II)). For both of those groups, § 552(a)(4)(A)(iv)(II) bars charges “for the first two hours of search time or for the first one hundred pages of duplication.” Past that point, a request that sends staff through every file cabinet can cost a search-fee requester more than one that points at a single folder.
FOIA.gov also notes that “Simple requests are typically more targeted and seek fewer pages of records” and that simple requests can be processed faster than complex ones. When a federal agency extends its deadline for “unusual circumstances” and still cannot finish in time, 5 U.S.C. § 552(a)(6)(B)(ii) directs it to offer the requester “an opportunity to limit the scope of the request so that it may be processed within that time limit” or to arrange an alternative time frame.
Florida shows how one state handles the same problem. Under section 119.07(4)(d) of the 2026 Florida Statutes, when the nature or volume of a request requires “extensive use of information technology resources or extensive clerical or supervisory assistance” by agency staff, a Florida agency may add a special service charge on top of the cost of duplication. That charge “shall be reasonable and shall be based on the cost incurred” by the agency, so a request that names one report from one office can leave less extensive work to bill.
Washington writes the identifiable-records rule down, limits and all
Washington’s records law says the rule out loud. RCW 42.56.080(1)(a) states: “A public records request must be for identifiable records.” A request for all or substantially all of an agency’s records is not valid in Washington, but the same subsection adds that a request for all records about a particular topic or containing a particular keyword or name “shall not be considered a request for all of an agency’s records.” Subsection (2) adds: “Agencies shall not deny a request for identifiable public records solely on the basis that the request is overbroad.”
Washington also writes down what happens to a vague request. Under RCW 42.56.520, an agency must respond within five business days, and one permitted response is asking the requester to clarify an unclear request. If the requester does not answer and the entire request is unclear, the Washington agency “need not respond to it”, though it must still respond to any portions that are clear.
| Rule | What it says about describing records | What it says about broad requests |
|---|---|---|
| Federal FOIA, 5 U.S.C. § 552 | The request must reasonably describe the records (§ 552(a)(3)(A)). | Fees depend on requester category; requesters outside the educational, scientific and news media category can be charged for search. |
| U.S. Department of Justice, 28 CFR 16.3(b) | Detail sufficient to locate records with a reasonable amount of effort: date, title, author, recipient, file designation. | If a request does not reasonably describe the records, the component tells the requester what more it needs; a vague request may be delayed. |
| Florida, s. 119.07 | No description standard in s. 119.07; the custodian must acknowledge promptly and make reasonable efforts to determine whether the record exists (s. 119.07(1)(c)). | A reasonable special service charge may apply when volume requires extensive IT or staff work (s. 119.07(4)(d)). |
| Washington, RCW 42.56.080 and 42.56.520 | The request must be for identifiable records; topic and keyword requests still count. | Overbreadth alone is not grounds to deny; an entirely unclear request left unclarified may get no response. |
Ask for the paper the rule produces
When an agency rule requires a written step, following the rule should leave paper behind. A procedure that requires a written inspection report should produce one, and a policy that requires a signed approval should produce the signature. That is the logic behind the Must Exist method, and it turns a topic into a document you can name. For federal agencies, FOIA requires “administrative staff manuals and instructions to staff that affect a member of the public” to be available for public inspection in an electronic format (5 U.S.C. § 552(a)(2)(C)).
- Find the written rule. Look for the agency’s policy, procedure manual, ordinance or standard operating procedure that governs the activity you care about.
- Work out what the rule makes someone write down. A log, a form, a sign-off, a report to a board, a notice. That document is your target.
- Name it with identifiers. Use the kinds of details DOJ lists in 28 CFR 16.3(b), such as the date, title or name, author, recipient, case number or file designation, and add the office that keeps the record if you know it.
- Cite both rules. Name the records law that applies (FOIA for federal agencies, your state’s statute for state and local bodies) and the agency’s own policy that requires the document.
- Answer every clarification request in writing, quickly. In Washington, under RCW 42.56.520, an unanswered request to clarify can end a request that is entirely unclear.
- Narrow before you pay. If an estimate arrives, ask in writing which part of the request drives the cost and offer a narrower version.
The FOIA Engineering Playbook is free. “No responsive records” is a legitimate answer, and when a request names a document, that answer is about one specific document.
A custodian can argue for weeks about what about the stormwater fee means. A named staff report from a named office leaves a lot less to argue about.
Where REVOLT fits in
REVOLT Training teaches people who file requests and runs governance diagnostics for institutions. Its Must Exist method is the one above: 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 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 refuse my records request because it is too broad?
In Washington, not for breadth alone: RCW 42.56.080(2) says agencies “shall not deny a request for identifiable public records solely on the basis that the request is overbroad” though a request for all or substantially all of an agency’s records is not valid there. Under federal FOIA, a request must reasonably describe the records, and DOJ’s regulation, 28 CFR 16.3(b), says a component that finds a request falls short shall tell the requester what additional information is needed.
Do I have to use a special form to file a FOIA request?
No. FOIA.gov states that “There is no specific form that must be used to make a request.” The request must be in writing and reasonably describe the records you seek, and individual agencies publish their own procedures.
Can I ask an agency to answer a question in a public records request?
You can ask, but under federal FOIA the agency does not have to answer: FOIA.gov says the law does not require agencies to answer questions, conduct research or create new records. Ask instead for the existing document that would contain the answer, such as the memo, report or log the agency’s own policy requires.
What happens if the agency asks me to clarify my request?
Answer in writing. In Washington, RCW 42.56.520 lets an agency ask for clarification of an unclear request, and if the requester does not respond and the entire request is unclear, the agency need not respond to it. Under DOJ’s regulation, 28 CFR 16.3(b), a component that finds a request does not reasonably describe the records shall tell the requester what additional information is needed or why the request is otherwise insufficient.
Why is my fee estimate so high?
Under federal FOIA and Florida law, fees can track the search, copying and staff work a request requires. Federal FOIA allows requesters outside the educational, scientific and news media category to be charged for search as well as duplication, after the first two hours of search for noncommercial requesters, and Florida’s section 119.07(4)(d) allows a reasonable special service charge when a request’s nature or volume requires extensive IT or staff assistance. A narrower request that names a document gives the agency less to search.
Sources
- 5 U.S.C. § 552, Freedom of Information Act (Legal Information Institute, Cornell Law School). Retrieved 2026-10-06.
- 28 CFR 16.3, Requirements for making requests (Electronic Code of Federal Regulations). Retrieved 2026-10-06.
- How to Make a FOIA Request (FOIA.gov, U.S. Department of Justice). Retrieved 2026-10-06.
- Florida Statutes s. 119.07, Inspection and copying of records (The Florida Senate). Retrieved 2026-10-06.
- RCW 42.56.080, Identifiable records (Washington State Legislature). Retrieved 2026-10-06.
- RCW 42.56.520, Prompt responses required (Washington State Legislature). Retrieved 2026-10-06.
About REVOLT Training
By Chaz Stevens, founder of REVOLT Training.
REVOLT Training teaches public records practice: how to anchor a request to a rule an agency wrote for itself, and how to answer the stalls that follow. It also runs governance diagnostics for public institutions. REVOLT Training is operated by The Z Production Group, Inc.
This article explains how the law and public records work. It is not legal advice, and REVOLT Training is not a law firm. For advice on your situation, talk to a licensed attorney.

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