Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. SB 80
       
       
       
       
       
       
                                Ì281710rÎ281710                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/07/2017           .                                
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       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 Attorney Attorney’s fees.—
    8         (1) If a civil action is filed against an agency to enforce
    9  the provisions of this chapter and if the 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 the such agency
   13  unlawfully refused to permit a public record listed in the
   14  notice to be inspected or copied, the court may shall assess and
   15  award, against the responsible agency responsible, the
   16  reasonable costs of enforcement, including reasonable attorney
   17  attorneys’ 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.