Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. SB 390
       
       
       
       
       
       
                                Ì4537727Î453772                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  12/01/2015           .                                
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       The Committee on Judiciary (Simpson) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 101 - 118
    4  and insert:
    5         (c) A contractor who fails to provide the public records to
    6  the public agency within a reasonable time commits a noncriminal
    7  infraction, punishable by a fine not to exceed $500. A
    8  contractor who willfully and knowingly fails to provide the
    9  public records to the public agency within a reasonable time
   10  commits a misdemeanor of the first degree, punishable as
   11  provided in s. 775.082 or s. 775.083.
   12         (4) CIVIL ACTION.—
   13         (a) If a civil action is filed to compel production of
   14  public records relating to the public agency’s contract for
   15  services, the court shall assess and award against the
   16  contractor the reasonable costs of enforcement, including
   17  reasonable attorney fees, if:
   18         1. The court determines that a contractor unlawfully
   19  refused to comply with the public records request within a
   20  reasonable time; and
   21         2. At least 8 business days before filing the action, the
   22  plaintiff provided written notice of the public records request,
   23  including a statement that the contractor has not complied with
   24  the request, to the public agency and to the contractor.
   25         (b) A notice complies with subparagraph (a)2. if it is sent
   26  to the public agency’s records custodian and to the contractor
   27  at the contractor’s address listed on its contract with the
   28  public agency or to the contractor’s registered agent. Such
   29  notices must also be sent by common carrier delivery service or
   30  by registered, Global Express Guaranteed, or certified mail,
   31  with postage or shipping paid by the sender and with evidence of
   32  delivery, which may be in an electronic format.
   33         (c) A contractor who complies with a public records request
   34  within 8 business days after the notice is sent is not liable
   35  for the reasonable costs of enforcement.
   36         (d) An award of the reasonable costs of enforcement against
   37  
   38  ================= T I T L E  A M E N D M E N T ================
   39  And the title is amended as follows:
   40         Delete lines 15 - 19
   41  and insert:
   42         specified circumstances; providing penalties;
   43         specifying circumstances under which a court must
   44         assess the reasonable costs of enforcement against a
   45         contractor; specifying what constitutes sufficient
   46         notice; providing that a contractor who takes certain
   47         actions is not liable for the reasonable costs of
   48         enforcement; specifying