Bill Text: FL S0724 | 2016 | Regular Session | Introduced

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Bill Title: Public Records

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2016-03-11 - Died in Governmental Oversight and Accountability [S0724 Detail]

Download: Florida-2016-S0724-Introduced.html

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       Florida Senate - 2016                                     SB 724
       
       
        
       By Senator Joyner
       
       
       
       
       
       19-00715-16                                            2016724__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s. 119.12,
    3         F.S.; authorizing a court to hold a custodian of a
    4         public record personally liable for the reasonable
    5         costs of enforcement, including attorney fees, in a
    6         civil action to enforce ch. 119, F.S., if certain
    7         conditions exist; providing an effective date.
    8          
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Section 119.12, Florida Statutes, is amended to
   12  read:
   13         119.12 Attorney Attorney’s fees.—
   14         (1) If a civil action is filed against an agency to enforce
   15  the provisions of this chapter and if the court determines that
   16  the such agency unlawfully refused to permit a public record to
   17  be inspected or copied, the court shall assess and award,
   18  against such agency the agency responsible, the reasonable costs
   19  of enforcement, including reasonable attorney attorneys’ fees.
   20         (2) The court, on motion by the party who filed the civil
   21  action or in its own discretion, may hold the custodian of the
   22  public record that is the subject matter of such civil action
   23  personally liable for the reasonable costs of enforcement,
   24  including reasonable attorney fees, if the court finds that:
   25         (a) The agency or the custodian of the public record
   26  unlawfully refused to permit a public record to be inspected or
   27  copied; and
   28         (b) The agency or the custodian of the public record has
   29  asserted any claim or defense during the pendency of the civil
   30  action which the agency or the custodian knew was not supported
   31  by the material facts necessary to establish such a claim or
   32  defense.
   33         Section 2. This act shall take effect July 1, 2016.