Senate panel approves alternative to Sarasota state Rep. Greg Steube's bill to limit attorney fee awards in public records lawsuits

TALLAHASSEE -- A Senate committee approved a narrower substitute Wednesday for proposed legislation that would get rid of the mandate agencies found in violation of the Florida Sunshine Law law pay the plaintiff's attorney fees.

Current law says a judge "shall" award attorney fees against the responsible agency if a court determines it acted unlawfully when it refused to provide a public record. A House bill sponsored by state Rep. Greg Steube, R-Sarasota, would change "shall" to "may," giving judges discretion on whether to award attorney fees. It also requires that complainants file written requests for public records five days before they can file a lawsuit.

A substitute bill by the Senate Fiscal Policy Committee keeps the five-day requirement, but changes the attorney fees language, which had First Amendment rights groups up in arms over the bill. Instead of the simple change from "shall" to "may," the bill says judges shall award attorney fees except in two specific cases:

The civil action or request for the public record is frivo

lous, malicious or reasonably appears to have been intended to harass the agency or for the explicit purpose of filing a lawsuit.

Any alleged delay or error in making the public record available is a technical violation and would be considered harmless in those circumstances.

In those cases, the substitute mandates that judges "shall not" award attorney fees.

Additionally, the substitute bill requires the five-day notice only if the agency posts the public records custodian's contact information in the agency's "primary administrative building."

Barbara Petersen, president of the First Amendment Foundation, said they worked with bill sponsors on the amended version and were supportive of the result.

"We've worked out a compromise," said Petersen, who has spoken out against the original version of the bill.

Sen. Rene Garcia, R-Hialeah, said the compromise was reached after sitting down with bill opponents such as Petersen and trying to find a solution. Garcia said the purpose of the bill was always to shut down a cottage industry that took advantage of Sunshine laws to file lawsuits and profit off taxpayer money.

Unlike past panels, where several speakers spoke both in favor and in opposition to the bill, only one person spoke against the amended version Wednesday and numerous groups' representatives voiced support.

"This is designated to address concerns that this would cut off access to public records," Garcia said. "That was never the intention of the bill."

Steube said he would support the new version.

"If that will get everyone to agree, I'll take the Senate language," Steube said.

This was the final Senate committee stop before the bill goes to the Senate floor.

Steube's bill has one other House committee to pass before it reaches the floor. The House and Senate have to pass identical bills in order for the legislation to go to Gov. Rick Scott's desk and become law.

Kate Irby, Herald online/political reporter, can be reached at 941-745-7055. You can follow her on Twitter @KateIrby

This story was originally published February 17, 2016 at 11:45 PM with the headline "Senate panel approves alternative to Sarasota state Rep. Greg Steube's bill to limit attorney fee awards in public records lawsuits ."