FOIA/CITIZEN PARTICIPATION ACT

Amends the Citizen Participation Act. Provides that any official, employee, or agent of a public body, or a public body on behalf of its official, employee, or agent, has a right of action in a State circuit court against a requester if a request submitted by the requester under the Freedom of Information Act is based on, relates to, or is in response to any act or acts by the official, employee, or agent of the public body, in furtherance of the rights of the official, employee, or agent to petition, speak freely, associate freely, or otherwise participate in government. Provides that the court shall award liquidated damages of $5,000 for each offending request in addition to reasonable attorney's fees and costs associated with bringing such an action, unless the court finds that the requester has produced clear and convincing evidence that: (1) the request is not based on, related to, or in response to any act or acts by the official, employee, or agent of the public body, in furtherance of the rights of the official, employee, or agent to petition, speak freely, associate freely, or otherwise participate in government; or (2) the act or acts of the official, employee, or agent of the public body are not immunized from liability, or are not in furtherance of the acts immunized from liability, under the Act. Effective immediately.