Florida Senate - 2017 SB 80
By Senator Steube
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.
10 Be It Enacted by the Legislature of the State of Florida:
12 Section 1. Section 119.12, Florida Statutes, is amended to
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.