Florida Senate - 2021 COMMITTEE AMENDMENT Bill No. SB 1508 Ì658030sÎ658030 LEGISLATIVE ACTION Senate . House Comm: RCS . 03/23/2021 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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, mustshallbe recorded in 57 official records. Other orders mustshallbe 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.