Florida Senate - 2010 SB 1452
By Senator Gelber
1 A bill to be entitled
2 An act relating to public records; amending s. 16.60,
3 F.S.; authorizing a mediator for the public records
4 mediation program within the Office of the Attorney
5 General to issue an opinion as to whether a public
6 record is open to the public upon payment of a fee;
7 requiring the record to be released under certain
8 circumstances; providing an effective date.
10 Be It Enacted by the Legislature of the State of Florida:
12 Section 1. Present subsection (4) of section 16.60, Florida
13 Statutes, is redesignated as subsection (5), and a new
14 subsection (4) is added to that section, to read:
15 16.60 Public records mediation program within the Office of
16 the Attorney General; creation; duties.—
17 (4) Upon payment of a fee not to exceed $50, as established
18 by rule, a party who challenges an agency decision regarding
19 access to records may request a mediator to issue an opinion as
20 to whether all or part of the records are open to the public. If
21 the mediator opines that a record is open to the public, the
22 record must be released, unless the agency, within 5 business
23 days after the opinion is issued, files suit in circuit court
24 pursuant to s. 119.11. The fee shall be refunded unless the
25 agency prevails in full.
(4) This section is intended to provide a method for
27 resolving disputes relating to public records, and is intended
28 to be supplemental to, not a substitution for, the other powers
29 given to the Attorney General by law.
30 Section 2. This act shall take effect July 1, 2010.