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FL S0080

Bill

Status

Passed

5/24/2017

Primary Sponsor

Judiciary

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Origin

Senate

2017 Regular Session

AI Summary

  • Revises requirements for courts to award reasonable costs and attorney fees against agencies in public records enforcement cases, now requiring the complainant to provide written notice to the custodian of public records at least 5 business days before filing a civil action.

  • Exempts complainants from the 5 business day notice requirement if the agency fails to prominently post the custodian's contact information in its primary administrative building and on its website.

  • Requires courts to determine whether a complainant requested records or participated in litigation for an "improper purpose," defined as primarily intended to cause a violation or for a frivolous purpose.

  • Prohibits awarding reasonable costs and attorney fees to a complainant found to have acted with an improper purpose, and instead requires the court to award reasonable costs and attorney fees incurred by the agency to the complainant.

  • Clarifies that the law does not create a private right of action for monetary damages and limits recoverable costs to those directly attributable to the civil action.

Legislative Description

Public Records

Last Action

Chapter No. 2017-21

5/24/2017

Committee Referrals

Judiciary3/8/2017
Community Affairs2/8/2017
Governmental Oversight and Accountability12/16/2016

Full Bill Text

No bill text available