Florida Senate - 2010                                    SB 1452
       
       
       
       By Senator Gelber
       
       
       
       
       35-00225-10                                           20101452__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s. 16.60,
    3         F.S.; authorizing a mediator for the public records
    4         mediation program within the Office of the Attorney
    5         General to issue an opinion as to whether a public
    6         record is open to the public upon payment of a fee;
    7         requiring the record to be released under certain
    8         circumstances; providing an effective date.
    9  
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Present subsection (4) of section 16.60, Florida
   13  Statutes, is redesignated as subsection (5), and a new
   14  subsection (4) is added to that section, to read:
   15         16.60 Public records mediation program within the Office of
   16  the Attorney General; creation; duties.—
   17         (4) Upon payment of a fee not to exceed $50, as established
   18  by rule, a party who challenges an agency decision regarding
   19  access to records may request a mediator to issue an opinion as
   20  to whether all or part of the records are open to the public. If
   21  the mediator opines that a record is open to the public, the
   22  record must be released, unless the agency, within 5 business
   23  days after the opinion is issued, files suit in circuit court
   24  pursuant to s. 119.11. The fee shall be refunded unless the
   25  agency prevails in full.
   26         (5)(4) This section is intended to provide a method for
   27  resolving disputes relating to public records, and is intended
   28  to be supplemental to, not a substitution for, the other powers
   29  given to the Attorney General by law.
   30         Section 2. This act shall take effect July 1, 2010.