CODING: Words stricken are deletions; words underlined are additions.



                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1679

    Amendment No. ___ (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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  5                                           ORIGINAL STAMP BELOW

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10  ______________________________________________________________

11  Representative(s) Brummer offered the following:

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13         Amendment (with title amendment) 

14         On page 9, line 13 through page 10, line 4 ,

15  remove:  all of said lines

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17  and insert:  (5)(a)  No county recorder or clerk of the court

18  may place an image or copy of a public record, including an

19  official record, on a publicly available Internet website for

20  general public display if that image or copy is of a military

21  discharge; death certificate; or a court file, record, or

22  paper relating to matters or cases governed by the Florida

23  Rules of Family Law, the Florida Rules of Juvenile Procedure,

24  or the Florida Probate Rules.

25         (b)  Any records specified in this subsection made

26  available by the county recorder or clerk of the court on a

27  publicly available Internet website for general public display

28  prior to the effective date of this act must be removed if the

29  affected party identifies the record and requests that it be

30  removed.  Such request must be in writing and delivered by

31  mail, facsimile, or electronic transmission, or in person to

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    File original & 9 copies    03/13/02
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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1679

    Amendment No. ___ (for drafter's use only)





  1  the county recorder or clerk of the court.  The request must

  2  specify the identification page number of the document to be

  3  removed.  No fee may be charged for the removal of a document

  4  pursuant to such request.

  5         (c)  No later than 30 days after the effective date of

  6  this act, notice of the right of any affected party to request

  7  removal of records pursuant to this subsection shall be

  8  conspicuously and clearly displayed by the county recorder or

  9  clerk of the court on the publicly available Internet website

10  on which images or copies of the county's public records are

11  placed and in the office of each county recorder or clerk of

12  the court. In addition, no later than 30 days after the

13  effective date of this act, the county recorder or the clerk

14  of the court must have published, on two separate dates, a

15  notice of such right in a newspaper of general circulation in

16  the county where the county recorder's office is located as

17  provided for in chapter 50.  Such notice must contain

18  appropriate instructions for making the removal request in

19  person, by mail, by facsimile, or by electronic transmission.

20  The notice shall state, in substantially similar form, that

21  any person has a right to request that a county recorder or

22  clerk of the court remove an image or copy of a public record,

23  including an official record, from a publicly available

24  Internet website if that image or copy is of a military

25  discharge; death certificate; or a court file, record, or

26  paper relating to matters or cases governed by the Florida

27  Rules of Family Law, the Florida Rules of Juvenile Procedure,

28  or the Florida Probate Rules.  Such request must be made in

29  writing and delivered by mail, facsimile, or electronic

30  transmission, or in person to the county recorder or clerk of

31  the court. The request must identify the document

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1679

    Amendment No. ___ (for drafter's use only)





  1  identification page number of the document to be removed. No

  2  fee will be charged for the removal of a document pursuant to

  3  such request.

  4         (d)  Any affected person may petition the circuit court

  5  for an order directing compliance with this subsection.

  6         (e)  By January 1, 2006, each county recorder or clerk

  7  of the court shall provide for electronic retrieval, at a

  8  minimum, of images of documents referenced as the index

  9  required to be maintained on the county's official records

10  website by this section.

11         Section 3.  There is hereby appropriated from the

12  General Revenue Fund to the Executive Office of the Governor

13  the sum of $25,000 for the purpose of reimbursement for per

14  diem and travel expenses as authorized by this act.

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

16  law.  For purposes of codifying the Florida Statutes 2002, the

17  Division of Statutory Revision of the Office of Legislative

18  Services is directed to substitute the effective date of House

19  Bill 1679 for the language "the effective date of this act" as

20  used in subsection (5)(b) and (5)(c) of House Bill 1679.

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23  ================ T I T L E   A M E N D M E N T ===============

24  And the title is amended as follows:

25         On page 1, line 19,

26  remove:  all of said line

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28  and insert:

29         request; providing certain notice requirements

30         and requiring publication of notice by county

31         recorders and clerks of the court; providing

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1679

    Amendment No. ___ (for drafter's use only)





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