Florida Senate - 2017                                      SB 80
       
       
        
       By Senator Steube
       
       23-00206-17                                             201780__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s. 119.12,
    3         F.S.; requiring a complainant to timely provide
    4         certain written notice in order to be entitled to
    5         attorney fees in certain civil actions for enforcement
    6         of ch. 119, F.S.; providing that the award of such
    7         attorney fees is within the discretion of the court;
    8         providing an effective date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Section 119.12, Florida Statutes, is amended to
   13  read:
   14         119.12 Attorney Attorney’s fees.—If a civil action is filed
   15  against an agency to enforce the provisions of this chapter and
   16  if the court determines that the complainant provided written
   17  notice of the public records request to the agency’s custodian
   18  of public records at least 5 business days before filing the
   19  civil action and the such agency unlawfully refused to permit a
   20  public record listed in the notice to be inspected or copied,
   21  the court may shall assess and award, against the responsible
   22  agency responsible, the reasonable costs of enforcement,
   23  including reasonable attorney attorneys’ fees.
   24         Section 2. This act shall take effect July 1, 2017.