Bill Text: FL S0080 | 2017 | Regular Session | Enrolled
Bill Title: Public Records
Spectrum:
Status: (Passed) 2017-05-24 - Chapter No. 2017-21 [S0080 Detail]
Download: Florida-2017-S0080-Enrolled.html
ENROLLED 2017 Legislature CS for CS for SB 80, 1st Engrossed 201780er 1 2 An act relating to public records; amending s. 119.12, 3 F.S.; revising the circumstances under which a court 4 must assess and award the reasonable costs of 5 enforcement against an agency in a civil action to 6 enforce ch. 119, F.S.; specifying circumstances under 7 which a complainant is not required to provide certain 8 written notice of a public records request; requiring 9 a court to determine whether a complainant requested 10 to inspect or copy a public record or participated in 11 a civil action for an improper purpose; prohibiting 12 the assessment and award of the reasonable costs of 13 enforcement to a complainant who acted with an 14 improper purpose; requiring the court to assess and 15 award reasonable costs against the complainant if he 16 or she is found to have acted with an improper 17 purpose; defining the term “improper purpose”; 18 providing for construction and applicability; 19 providing an effective date. 20 21 Be It Enacted by the Legislature of the State of Florida: 22 23 Section 1. Section 119.12, Florida Statutes, is amended to 24 read: 25 119.12 AttorneyAttorney’sfees.— 26 (1) If a civil action is filed against an agency to enforce 27 the provisions of this chapterand if the court determines that28such agency unlawfully refused to permit a public record to be29inspected or copied, the court shall assess and award, against30the agency responsible,the reasonable costs of enforcement, 31 including reasonable attorneyattorneys’fees, against the 32 responsible agency if the court determines that: 33 (a) The agency unlawfully refused to permit a public record 34 to be inspected or copied; and 35 (b) The complainant provided written notice identifying the 36 public record request to the agency’s custodian of public 37 records at least 5 business days before filing the civil action, 38 except as provided under subsection (2). The notice period 39 begins on the day the written notice of the request is received 40 by the custodian of public records, excluding Saturday, Sunday, 41 and legal holidays, and runs until 5 business days have elapsed. 42 (2) The complainant is not required to provide written 43 notice of the public record request to the agency’s custodian of 44 public records as provided in paragraph (1)(b) if the agency 45 does not prominently post the contact information for the 46 agency’s custodian of public records in the agency’s primary 47 administrative building in which public records are routinely 48 created, sent, received, maintained, and requested and on the 49 agency’s website, if the agency has a website. 50 (3) The court shall determine whether the complainant 51 requested to inspect or copy a public record or participated in 52 the civil action for an improper purpose. If the court 53 determines there was an improper purpose, the court may not 54 assess and award the reasonable costs of enforcement, including 55 reasonable attorney fees, to the complainant, and shall assess 56 and award against the complainant and to the agency the 57 reasonable costs, including reasonable attorney fees, incurred 58 by the agency in responding to the civil action. For purposes of 59 this subsection, the term “improper purpose” means a request to 60 inspect or copy a public record or to participate in the civil 61 action primarily to cause a violation of this chapter or for a 62 frivolous purpose. 63 (4) This section does not create a private right of action 64 authorizing the award of monetary damages for a person who 65 brings an action to enforce the provisions of this chapter. 66 Payments by the responsible agency may include only the 67 reasonable costs of enforcement, including reasonable attorney 68 fees, directly attributable to a civil action brought to enforce 69 the provisions of this chapter. 70 Section 2. This act applies only to public records requests 71 made on or after the effective date of this act. 72 Section 3. This act shall take effect upon becoming a law.