Florida Senate - 2015                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 224
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                Floor: 2/AD/2R         .                                
             04/01/2015 03:02 PM       .                                

       Senator Bradley moved the following:
    1         Senate Substitute for Amendment (454526) (with title
    2  amendment)
    4         Delete lines 100 - 111
    5  and insert:
    6         (4) CIVIL ACTION.
    7         (a) If a civil action is filed to compel production of
    8  public records relating to the public agency’s contract for
    9  services, the court shall assess and award against the
   10  contractor the reasonable costs of enforcement, including
   11  reasonable attorney fees, if the party filing the action
   12  provides written notice of the public records request, including
   13  a statement that the contractor has not complied with the
   14  request. The notice must be sent by common carrier delivery
   15  service or by registered, Global Express Guaranteed, or
   16  certified mail, with postage or shipping paid by the sender and
   17  with evidence of delivery, which may be in an electronic format.
   18  The notice must be sent by the plaintiff at least 8 business
   19  days before the plaintiff files the civil action.
   20         (b) An award of the reasonable costs of enforcement against
   21  a public agency must be in accordance with s. 119.12.
   22         Section 1. A public agency has until October 1, 2015, to
   23  amend a public agency contract for services, if needed, in order
   24  to comply with the amendment made by this act to section
   25  119.0701, Florida Statutes.
   26         Section 2. Section 119.0702, Florida Statutes is created to
   27  read:
   28         119.0702 Agency requirements for staff training and public
   29  postings.—
   30         (1) Each agency shall determine and provide the appropriate
   31  amount of information or training on the requirements of this
   32  chapter for each agency employee, taking into consideration
   33  whether the employee’s duties are performed in any office where
   34  public records are routinely created, sent, received,
   35  maintained, and requested.
   36         (2) Each agency shall post the contact information for the
   37  agency’s custodian of public records in any office to which the
   38  public has access in which public records are routinely created,
   39  sent, received, maintained, and requested, and shall post the
   40  contact information for the custodian of public records on the
   41  agency’s website if the agency has a website.
   42         (3) A violation of this section does not form the basis of
   43  an independent cause of action and may not be used to recover
   44  attorney fees under s. 119.12.
   45         (4) If an agency provides information or training to agency
   46  staff and publicly posts contact information in accordance with
   47  the requirements of subsections (1) and (2), the agency is
   48  deemed to be in compliance with this section.
   49         Section 3. Section 119.12, Florida Statutes, is amended to
   50  read:
   51         119.12 Attorney Attorney’s fees.—
   52         (1)When If a civil action is filed against an agency to
   53  enforce the provisions of this chapter, and if the court
   54  determines that the agency was provided written notice of the
   55  public records request to the agency’s custodian of public
   56  records, using contact information provided by the agency, at
   57  least 2 business days before filing the action and that the
   58  court determines that such agency unlawfully refused to permit a
   59  public record to be inspected or copied, the court shall assess
   60  and award, against the responsible agency responsible, the
   61  reasonable costs of enforcement. The complainant is not required
   62  to provide written notice to the agency’s custodian of public
   63  records if the agency failed to post contact information for its
   64  custodian of public records in accordance with s. 119.0702.
   65         (2)The reasonable costs of enforcement include, but are
   66  not limited to, including reasonable attorney attorneys’ fees.
   68  ================= T I T L E  A M E N D M E N T ================
   69  And the title is amended as follows:
   70         Delete lines 18 - 19
   71  and insert:
   72         which a court must assess reasonable costs of
   73         enforcement against a contractor; specifying
   74         applicable law for reasonable costs of enforcement
   75         assessed against a public agency; providing for
   76         applicability; creating s. 119.0702, F.S.; requiring
   77         each agency to provide training and information on the
   78         requirements of ch. 119, F.S., to agency employees;
   79         requiring each agency to publicly post contact
   80         information for the custodian of public records;
   81         specifying that a violation may not be used as a basis
   82         for an independent cause of action or recovering
   83         attorney fees; specifying that an agency is in
   84         compliance if certain conditions are met; amending s.
   85         119.12, F.S.; requiring a court to determine if a
   86         complainant provided certain written notice to an
   87         agency’s custodian of public records in order to
   88         assess and award attorney fees in a civil action to
   89         enforce ch. 119, F.S.; providing an exception;