Florida Senate - 2016                                    SB 1220
       
       
        
       By Senator Garcia
       
       38-01069-16                                           20161220__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s. 119.12,
    3         F.S.; revising the circumstances under which a court
    4         may assess and award the reasonable costs of
    5         enforcement against an agency in a civil action to
    6         enforce ch. 119, F.S.; providing an effective date.
    7          
    8  Be It Enacted by the Legislature of the State of Florida:
    9  
   10         Section 1. Section 119.12, Florida Statutes, is amended to
   11  read:
   12         119.12 Attorney Attorney’s fees.—When If a civil action is
   13  filed against an agency to enforce the provisions of this
   14  chapter, and if the court determines that the complainant
   15  provided written notice of the public records request to the
   16  agency’s custodian of public records at least 5 business days
   17  before filing the civil action and that such agency unlawfully
   18  refused to permit a public record to be inspected or copied, the
   19  court may shall assess and award, against the agency
   20  responsible, the reasonable costs of enforcement, including
   21  reasonable attorney attorneys’ fees, against the responsible
   22  agency.
   23         Section 2. This act shall take effect upon becoming a law.