Florida Senate - 2021                              CS for SB 400
       
       
        
       By the Committee on Governmental Oversight and Accountability;
       and Senator Rodrigues
       
       
       
       
       585-01396-21                                           2021400c1
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s. 119.07,
    3         F.S.; prohibiting an agency that receives a request to
    4         inspect or copy a record from responding to such
    5         request by filing an action for declaratory relief
    6         against the requester; providing an effective date.
    7          
    8  Be It Enacted by the Legislature of the State of Florida:
    9  
   10         Section 1. Subsection (9) is added to section 119.07,
   11  Florida Statutes, to read:
   12         119.07 Inspection and copying of records; photographing
   13  public records; fees; exemptions.—
   14         (9) After receiving a request to inspect or copy a record,
   15  an agency may not respond to that request by filing an action
   16  for declaratory relief against the requester to determine
   17  whether the record is a public record as defined by s. 119.011,
   18  or the status of the record as confidential or exempt from the
   19  provisions of s. 119.07(1).
   20         Section 2. This act shall take effect July 1, 2021.