Florida Senate - 2016                             CS for SB 1220
       By the Committee on Governmental Oversight and Accountability;
       and Senator Garcia
       585-02626-16                                          20161220c1
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s. 119.12,
    3         F.S.; specifying 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.
    8  Be It Enacted by the Legislature of the State of Florida:
   10         Section 1. Section 119.12, Florida Statutes, is amended to
   11  read:
   12         119.12 Attorney Attorney’s fees.—If a civil action is filed
   13  against an agency to enforce the provisions of this chapter, and
   14  if the court determines that the complainant provided written
   15  notice of the public records request to the agency’s custodian
   16  of public records at least 5 business days before filing the
   17  civil action and that such agency unlawfully refused to permit a
   18  public record to be inspected or copied, the court may shall
   19  assess and award, against the agency responsible, the reasonable
   20  costs of enforcement, including reasonable attorney attorneys’
   21  fees, against the responsible agency. However, if the court
   22  determines that the request to inspect or copy a public record
   23  was made in bad faith or was frivolous, the court may not award
   24  any reasonable costs of enforcement, including reasonable
   25  attorney fees, against the responsible agency.
   26         Section 2. This act shall take effect upon becoming a law.