Measure to curtail public records scams moves
Measure to curtail public records scams moves
A bill aimed to curtail public records shakedowns continues to move in the Senate. SB 224, sponsored by Sen. Wilton
Simpson, R-
Trilby, passed unanimously out of the Senate Committee on Fiscal Policy March 26 and was rolled over to third reading on the Senate floor April 1.
The proposed legislation is described as relief for public agencies and their private business contractors that have been hit by individuals making public records requests directly to the contractor solely to create confusion that results in court action and payment to the plaintiff.
“This bill fixes the problems with those issues,” Simpson said.
Simpson said the bill will end “frivolous” lawsuits and “makes it very clear that you have to go to the public agency to get those public records.”
Specifically, the bill requires:
* All public records requests regarding contracts for services must be made directly to the agency rather than to the contractor;
* Each public agency contract for services must include the contact information of the agency’s public records custodian and a specific provision requiring the contractor to comply with public records laws; and
* The party requesting the public records must send written notice to the agency to be awarded costs and fees in a public records enforcement lawsuit.
On the Senate floor, Sen. Rob Bradley, R-Orange Park, advanced an amendment that he said was worked out with the First Amendment Foundation and representatives of local governments.
The amendment “requires public agencies to determine and provide the appropriate amount of training on the public records laws for its employees and requires public agencies to post the contact information for the agency’s public records custodians in any office which the public has access in which public records are routinely created, sent, received, maintained, or requested,” said Bradley, adding that information must also be posted on the agency’s website.
He said it also provides that when seeking attorneys’ fees, the plaintiff must provide the agencies with written notice of the public information request sent to the agency’s custodians of public records two days prior to filing suit. If the agency fails to post the contact information, no pre-suit written notification is required, he said.
“The substitute amendment clarifies that attorneys’ fees — like the rest of the public records law — are mandatory rather than discretionary, if there is a successful suit brought in order to compel compliance,” he said.
Its companion measure, HB 163, filed by Rep. Halsey Beshears, R-Monticello, in now pending in the House State Affairs Committee.
