Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. CS for CS for SB 206
       
       
       
       
       
       
                                Barcode 594238                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/01/2012           .                                
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       The Committee on Governmental Oversight and Accountability
       (Flores) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 62 - 66
    4  and insert:
    5         (4)(a) If a board or commission adopts rules or policies in
    6  compliance with this section and follows such rules or policies
    7  when providing an opportunity for members of the public to be
    8  heard, it is presumed that the board or commission is acting in
    9  compliance with this section.
   10         (b) Whenever an action is filed against a board or
   11  commission of any state agency or authority of a county,
   12  municipal corporation, or political subdivision to enforce the
   13  provisions of this section, the court shall assess reasonable
   14  attorney fees against such agency or authority if the court
   15  determines that the defendant to such action acted in violation
   16  of this section. The court may assess reasonable attorney fees
   17  against the individual filing such an action if the court finds
   18  that the action was filed in bad faith or was frivolous. This
   19  paragraph does not apply to a state attorney or his or her duly
   20  authorized assistants or any officer charged with enforcing the
   21  provisions of this section.
   22         (c) Any action taken by a board or commission which is
   23  found to be in violation of this section is not void as a result
   24  of that violation.
   25         (d) The circuit courts shall have jurisdiction to issue
   26  injunctions for the purpose of enforcing this section upon the
   27  filing of an application for such injunction by any citizen of
   28  this state.
   29  
   30  ================= T I T L E  A M E N D M E N T ================
   31         And the title is amended as follows:
   32         Between lines 12 and 13
   33  insert:
   34         authorizing a court to assess reasonable attorney fees
   35         in actions filed against a board or commission;
   36         providing that any action taken by a board or
   37         commission which is found in violation of the act is
   38         not void; providing that circuit courts have
   39         jurisdiction to issue injunctions for purposes of the
   40         act;