Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. SB 1220
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/26/2016           .                                

       The Committee on Governmental Oversight and Accountability
       (Hays) recommended the following:
    1         Senate Substitute for Amendment (723616) (with title
    2  amendment)
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. Section 119.12, Florida Statutes, is amended to
    7  read:
    8         119.12 Attorney Attorney’s fees.—If a civil action is filed
    9  against an agency to enforce the provisions of this chapter, and
   10  if the court determines that the complainant provided written
   11  notice of the public records request to the agency’s custodian
   12  of public records at least 5 business days before filing the
   13  civil action and that such agency unlawfully refused to permit a
   14  public record to be inspected or copied, the court may shall
   15  assess and award, against the agency responsible, the reasonable
   16  costs of enforcement, including reasonable attorney attorneys’
   17  fees, against the responsible agency. However, if the court
   18  determines that the request to inspect or copy a public record
   19  was made in bad faith or was frivolous, the court may not award
   20  any reasonable costs of enforcement, including reasonable
   21  attorney fees, against the responsible agency.
   22         Section 2. This act shall take effect upon becoming a law.
   24  ================= T I T L E  A M E N D M E N T ================
   25  And the title is amended as follows:
   26         Delete everything before the enacting clause
   27  and insert:
   28                        A bill to be entitled                      
   29         An act relating to public records; amending s. 119.12,
   30         F.S.; specifying the circumstances under which a court
   31         may assess and award the reasonable costs of
   32         enforcement against an agency in a civil action to
   33         enforce ch. 119, F.S.; providing an effective date.