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FL H0163
Bill
Status
1/4/2017
Primary Sponsor
Civil Justice and Claims Subcommittee
Click for details
AI Summary
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Amends section 119.12, Florida Statutes, to revise attorney's fees awards in civil actions enforcing public records law.
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Requires complainants to provide written notice to an agency's records custodian at least 5 business days before filing a civil action, except when the agency fails to prominently post custodian contact information in its primary administrative building and website.
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Courts must determine whether a complainant acted with improper purpose, defined as requesting records or pursuing civil action primarily to harass the agency, cause a violation of law, or for frivolous reasons.
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Prohibits awarding reasonable costs and attorney's fees to complainants found to have acted with improper purpose and instead requires courts to award such costs against the complainant to the agency.
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Clarifies that enforcement actions do not create private rights to monetary damages and limits agency payments to reasonable costs directly attributable to the civil action; applies only to requests made on or after the effective date.
Legislative Description
Public Records
Last Action
Laid on Table, companion bill(s) passed, see CS/CS/SB 80 (Ch. 2017-21)
4/19/2017