HB 5713 Summary

• Amends the Freedom of Information Act (FOIA) to clarify that electronic requests (fax, email, electronic transmission) are not considered received until 1 business day after transmission, or 1 day after public body discovers requests in spam/junk folders.

• Requires public bodies to respond to FOIA requests within 5 business days by granting, denying, partially granting, or extending the response period by up to 10 business days (with only one extension allowed per request).

• Establishes that failure to respond constitutes a denial if the failure was willful and intentional, or if the request included FOIA-specific language within the first 250 words or contained terms like "freedom of information," "FOIA," "copy," or legal code references on envelope front or email subject line.

• Requires denial notices to include explanations of exemptions, certificates that records do not exist, descriptions of separated/deleted information, and full explanation of appeal rights and potential liability for attorneys' fees and damages.

• Mandates that certain public bodies funded by state authority notify the Speaker of the House, Senate Majority Leader, and relevant legislative committee chairs in writing if they fail to respond to FOIA requests for more than 15 days.