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FL H0163

Bill

Status

Introduced

1/4/2017

Primary Sponsor

Civil Justice and Claims Subcommittee

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Origin

House of Representatives

2017 Regular Session

AI Summary

  • Amends section 119.12, Florida Statutes, to revise attorney's fees awards in civil actions enforcing public records law.

  • 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.

  • 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.

  • 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.

  • 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

Committee Referrals

Government Accountability Committee3/24/2017
Civil Justice and Claims Subcommittee3/8/2017
Oversight, Transparency and Administration Subcommittee1/11/2017

Full Bill Text

No bill text available