Senate Bill 1604c1

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    Florida Senate - 1998                           CS for SB 1604

    By the Committee on Judiciary and Senator Harris





    308-1997-98

  1                      A bill to be entitled

  2         An act relating to county clerks; creating the

  3         "County Clerks Public Records Access Act";

  4         requiring the clerks to publish certain public

  5         records and public information on the Internet;

  6         providing for security; providing a declaration

  7         of an important state interest; providing an

  8         effective date.

  9

10         WHEREAS, the clerks of the circuit court in each county

11  are elected public trustees who serve as guardians of public

12  records, and ex officio clerks of the boards of county

13  commissioners, and

14         WHEREAS, the people of Florida have a right to know and

15  use the public information contained in public records in

16  possession of the county clerks, and

17         WHEREAS, the people of Florida need prompt, daily, and

18  convenient access to public records and public information

19  possessed and maintained by the county clerks, including

20  records of deeds, mortgages, tax deeds and other real property

21  related information, the minutes of county commission

22  meetings, crime victim restitution and criminal sentencing

23  information, juror and witness information, criminal and

24  traffic fine information, lien and judgment information,

25  marriage license and record information, child support payment

26  information, alimony information, procedures for obtaining

27  domestic violence injunctions, simplified dissolution

28  procedures information, and passport information, and

29         WHEREAS, many of Florida's citizens, including the

30  disabled and the elderly cannot travel to their county

31  courthouses to physically obtain information contained in

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    Florida Senate - 1998                           CS for SB 1604
    308-1997-98




  1  public records possessed and maintained by the county clerks,

  2  and

  3         WHEREAS, the victims of domestic violence often need

  4  confidential access to information regarding obtaining court

  5  injunctions, and many such victims cannot readily travel to a

  6  courthouse to obtain such information, and

  7         WHEREAS, the people of Florida have a right to know

  8  what sentences judges impose on criminals in their

  9  communities, and the county clerks possess and maintain all

10  records of criminal sentences imposed by the courts, and

11         WHEREAS, the dramatic expansion of the number of people

12  who have access to the Internet has created an opportunity to

13  make the public records in the custody of the county clerks

14  available to millions of people in Florida, in a

15  cost-effective manner, and

16         WHEREAS, since May 16, 1995, the Leon County Clerk has

17  successfully provided access to public information maintained

18  by that office through the Internet, at www.clerk.leon.us.,

19  and today the Leon County Clerk's Internet site includes

20  county commission meeting minutes, property transactions,

21  domestic violence information, jury service information,

22  marriage records, personal judgments, landlord tenant

23  information, and other records, and this Internet site has

24  been accessed over 100,000 times by the public without the

25  need for additional state funding, and

26         WHEREAS, other county clerks have made public records

27  and information available to the public through the Internet,

28  and

29         WHEREAS, by making public records and information

30  uniformly available to all the people of Florida, the county

31  clerks can reduce the financial costs incurred by the public

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    Florida Senate - 1998                           CS for SB 1604
    308-1997-98




  1  to physically obtain public records and information in the

  2  possession of the county clerks, and

  3         WHEREAS, the people in every county should have the

  4  same access to public records as is available in Leon County,

  5  and

  6         WHEREAS, by making the public records in the possession

  7  of the county clerks available on the Internet, the counties

  8  will reduce traffic and other infrastructure costs, thereby

  9  reducing local tax burdens on the people, and

10         WHEREAS, by making public records such as county

11  commission meeting agendas and minutes available on the

12  Internet, the people of Florida will be empowered to

13  participate in their local government's decision making

14  process, and

15         WHEREAS, by making public records in the possession of

16  the county clerks available on the Internet, more information

17  will be readily accessible, and the public's right to know

18  will be greatly enhanced, and

19         WHEREAS, by publishing public records and public

20  information in their possession on the Internet by December

21  31, 2002, the county clerks will help empower the people of

22  Florida to more effectively utilize public information in

23  their legal, economic, and political activities, NOW,

24  THEREFORE,

25

26  Be It Enacted by the Legislature of the State of Florida:

27

28         Section 1.  Short title; required information to be

29  made accessible; security.--

30         (1)  This section may be cited as the "County Clerks

31  Public Records Access Act."

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    Florida Senate - 1998                           CS for SB 1604
    308-1997-98




  1         (2)  No later than December 31, 2002, the clerks of

  2  court of each county shall publish on the Internet, without

  3  additional charge or obligation to the public for viewing the

  4  information, the following information contained in the public

  5  records in possession of the county clerks:

  6         (a)  All deeds, mortgages, tax deed applications, tax

  7  liens, and real property transactions recorded within the past

  8  10 years, or longer if such information is available for

  9  publication on the Internet. Such information shall at a

10  minimum include a list of grantor/grantees or parties, the

11  date the relevant document was created, and the book and page

12  number of the official records where the document is entered.

13         (b)  Minutes of county commission meetings convened

14  within the past 4 years. This information shall include a

15  mechanism by which the public may use a word search to locate

16  data.

17         (c)  Agendas of future county commission meetings

18  provided to the county clerks.

19         (d)  Marriage licenses issued within the past 10 years.

20  Such information must at a minimum include the name of the

21  person to whom it was issued, the date issued, and the book

22  and page number of the official records where the document is

23  entered.

24         (e)  Final judgments of dissolution of any marriage in

25  the custody of the clerks filed within the past 10 years. Such

26  information must at minimum include the name of each party,

27  the case number, the type of case, and the date the judgment

28  was filed, and the book and page number of the official

29  records where the document is entered.

30         (f)  All final judgments entered by the courts against

31  a party within the past 10 years. Such information must at

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    Florida Senate - 1998                           CS for SB 1604
    308-1997-98




  1  minimum include the name of each party, the case number, the

  2  type of case, the date the judgment was filed, and the book

  3  and page number of the official records where the document is

  4  entered.

  5         (g)  Information to assist domestic violence victims.

  6  Such information shall include instructions and assistance in

  7  obtaining protective injunctions and any other information on

  8  domestic violence maintained by the county clerks.

  9         (h)  Information assisting people in obtaining child

10  support and alimony.

11         (i)  Jury service information.

12         (j)  A listing of all felony criminal sentences imposed

13  during the preceding calendar year in the county in which the

14  clerk serves. This listing shall include, but not be limited

15  to, the name of the criminal case, the original charges filed

16  against the defendant, the charges of which the defendant was

17  convicted, the sentence imposed by the court, the name of the

18  judge imposing the sentence and the date the sentence was

19  imposed. If the clerk receives information that any criminal

20  conviction has been vacated, the clerk shall also provide such

21  information.

22         (3)  The clerks shall use appropriate Internet security

23  measures to ensure that no person has the ability to directly

24  access public records or to alter or modify any public record.

25  Unless otherwise provided by law, no information retrieved

26  from the Internet shall be admissible in court as an

27  authenticated document. The clerk of the circuit court may

28  charge for the downloading or other access to these materials

29  in printed form, under section 28.24, Florida Statutes.

30         Section 2.  The Legislature finds that a proper and

31  legitimate state purpose is served by providing the public

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    Florida Senate - 1998                           CS for SB 1604
    308-1997-98




  1  with access to public records and information on the Internet

  2  and hereby determines that the provisions of this act fulfill

  3  an important state interest.

  4         Section 3.  This act shall take effect upon becoming a

  5  law.

  6

  7          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  8                         Senate Bill 1604

  9

10  The Committee Substitute for Senate Bill 1604:

11  -    Requires compliance by the clerks of court by December
         31, 2002;
12
    -    Allows the clerk to charge, under s. 28.24, F.S.,
13       currently $4 per page for "copying any instrument in the
         public record by other than photographic access," for
14       downloading or other access to the materials in printed
         form;
15
    -    Allows the following minimum information regarding final
16       judgment of dissolution of marriage in the custody of the
         clerk filed within the past 10 years to be placed on the
17       Internet in lieu of the actual judgment: the name of each
         party, the type of case, the date the judgment was filed,
18       and the official record book and page; and

19  -    Allows the following minimum information regarding all
         final judgments entered by the courts against a party
20       within the past 10 years to be placed on the Internet in
         lieu of the actual judgment: the name of each party, the
21       type of case, the date the judgment was filed, and the
         official record book and page.
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