Bill Amendment: FL S0080 | 2017 | Regular Session
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: Public Records
Status: 2017-05-24 - Chapter No. 2017-21 [S0080 Detail]
Download: Florida-2017-S0080-Senate_Committee_Amendment_281710.html
Bill Title: Public Records
Status: 2017-05-24 - Chapter No. 2017-21 [S0080 Detail]
Download: Florida-2017-S0080-Senate_Committee_Amendment_281710.html
Florida Senate - 2017 COMMITTEE AMENDMENT Bill No. SB 80 Ì281710rÎ281710 LEGISLATIVE ACTION Senate . House Comm: RCS . 03/06/2017 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Community Affairs (Steube) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Section 119.12, Florida Statutes, is amended to 6 read: 7 119.12 AttorneyAttorney’sfees.— 8 (1) If a civil action is filed against an agency to enforce 9the provisions ofthis chapter andifthe court determines that 10 the complainant provided written notice of the public records 11 request to the agency’s custodian of public records at least 5 12 business days before filing the civil action and thesuchagency 13 unlawfully refused to permit a public record listed in the 14 notice to be inspected or copied, the court mayshallassess and 15 award,against the responsible agencyresponsible,the 16 reasonable costs of enforcement, including reasonable attorney 17attorneys’fees. 18 (2)(a) In determining whether the responsible agency 19 unlawfully refused to permit a public record to be inspected or 20 copied, the court shall consider if the request to inspect or 21 copy the public record was made in bad faith or was made to 22 harass the agency or to cause a violation of this chapter and if 23 the responsible agency responded in good faith to the request to 24 inspect or copy the records. 25 (b) The court may assess and award reasonable attorney fees 26 against the complainant filing such an action if the court finds 27 the action was filed in bad faith or was frivolous. 28 (c) If the complainant shows by the preponderance of the 29 evidence that the agency intentionally or willfully refused to 30 permit a public record listed in the notice to be inspected or 31 copied, the court shall, after making such a finding, assess and 32 award the reasonable costs of enforcement against the 33 responsible agency, including reasonable attorney fees. 34 Section 2. This act shall take effect upon becoming a law. 35 36 ================= T I T L E A M E N D M E N T ================ 37 And the title is amended as follows: 38 Delete everything before the enacting clause 39 and insert: 40 A bill to be entitled 41 An act relating to public records; amending s. 119.12, 42 F.S.; requiring a complainant to timely provide 43 written notice of a public records request in order to 44 be entitled to the reasonable costs of enforcement, 45 including attorney fees, in certain civil actions for 46 enforcement of ch. 119, F.S.; providing that the award 47 of such attorney fees is within the discretion of the 48 court; specifying factors for a court to consider in 49 determining whether an agency unlawfully refused to 50 permit a public record to be inspected or copied; 51 authorizing a court to assess and award attorney fees 52 against a complainant if certain conditions exist; 53 specifying circumstances under which a court must 54 assess and award the reasonable costs of enforcement 55 against an agency; providing an effective date.