Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. SB 1508
       
       
       
       
       
       
                                Ì658030sÎ658030                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/23/2021           .                                
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       The Committee on Criminal Justice (Book) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. This law shall be called “Serena’s Law.”
    6         Section 2. Subsection (6) is added to section 28.2221,
    7  Florida Statutes, to read:
    8         28.2221 Electronic access to official records.—
    9         (6)(a) Each county recorder or clerk of the court must make
   10  the identity of each defendant or respondent against whom a
   11  protective injunction under s. 741.30, s. 784.046, or s.
   12  784.0485 is entered as well as the fact that a protective
   13  injunction under s. 741.30, s. 784.046, or s. 784.0485 has been
   14  entered against that defendant or respondent publicly available
   15  on an Internet website for general public display, unless the
   16  defendant or respondent is a minor.
   17         (b) Any information specified in this subsection not made
   18  available by the county recorder or clerk of the court on a
   19  publicly available Internet website for general public display
   20  prior to July 1, 2021, must be made publicly available if the
   21  affected party identifies the information and requests that it
   22  be made publicly available. Such request must be in writing and
   23  delivered by mail, facsimile, or electronic transmission, or in
   24  person to the county recorder or clerk of the court. The request
   25  must specify the case number assigned to the protective
   26  injunction. No fee may be charged for the addition of
   27  information pursuant to such request.
   28         (c) No later than 30 days after July 1, 2021, notice of the
   29  right of any affected party to request the addition of
   30  information pursuant to this subsection shall be conspicuously
   31  and clearly displayed by the county recorder or clerk of the
   32  court on the publicly available Internet website on which images
   33  or copies of the county’s public records are placed and in the
   34  office of each county recorder or clerk of the court. Such
   35  notice must contain appropriate instructions for making the
   36  addition request in person, by mail, by facsimile, or by
   37  electronic transmission. The notice shall state, in
   38  substantially similar form, that any person has a right to
   39  request that a county recorder or clerk of the court add
   40  information to a publicly available Internet website if that
   41  information involves the identity of a defendant or respondent
   42  against whom a protective injunction is entered, unless the
   43  defendant or respondent is a minor. Such request must be made in
   44  writing and delivered by mail, facsimile, or electronic
   45  transmission, or in person to the county recorder or clerk of
   46  the court. The request must specify the case number assigned to
   47  the protective injunction. No fee will be charged for the
   48  addition of a document pursuant to such request.
   49         (d) Any affected person may petition the circuit court for
   50  an order directing compliance with this subsection.
   51         Section 3. Section 28.29, Florida Statutes, is amended to
   52  read:
   53         28.29 Recording of orders and judgments.—Orders of
   54  dismissal and final judgments of the courts in civil actions,
   55  including final judgments for injunctions for protection as
   56  defined in chapters 781 and 784, must shall be recorded in
   57  official records. Other orders must shall be recorded only on
   58  written direction of the court. The direction may be by
   59  incorporation in the order of the words “To be recorded in
   60  official records” or words to that effect. Failure to record an
   61  order or judgment shall not affect its validity. The certified
   62  copy of a judgment, required under s. 55.10 to become a lien on
   63  real property, shall be recorded only when presented for
   64  recording with the statutory service charge.
   65         Section 4. This act shall take effect July 1, 2021.
   66  
   67  ================= T I T L E  A M E N D M E N T ================
   68  And the title is amended as follows:
   69         Delete everything before the enacting clause
   70  and insert:
   71                        A bill to be entitled                      
   72         An act relating to public records; providing a short
   73         title; amending s. 28.2221, F.S.; requiring each
   74         county recorder or clerk of the court to make publicly
   75         available on an Internet website the identity of a
   76         defendant or respondant against whom a protective
   77         injunction is entered as well as the fact the
   78         injunction has been entered; providing for certain
   79         persons to request that such information be made
   80         available on the public website; requiring county
   81         recorders or clerks of court to post such notices on
   82         the website; specifying what must be included in
   83         notices; authorizing certain persons to petition for
   84         compliance in the circuit court; amending s. 28.29,
   85         F.S.; requiring that final judgments for injunctions
   86         for protection be recorded in official records;
   87         providing an effective date.