Florida Senate - 2024 SENATOR AMENDMENT
Bill No. CS for SB 1616
Ì220544ÆÎ220544
LEGISLATIVE ACTION
Senate . House
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Floor: 2/AD/2R .
02/28/2024 03:32 PM .
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Senator Calatayud moved the following:
1 Senate Substitute for Amendment (534672) (with title
2 amendment)
3
4 Delete lines 14 - 71
5 and insert:
6 (8)(a) Each county recorder or clerk of the court must make
7 the identity of each respondent against whom a final judgment
8 for an injunction for the protection of a minor under s. 741.30,
9 s. 784.046, or s. 784.0485 is entered, as well as the fact that
10 a final judgment for an injunction for the protection of a minor
11 under s. 741.30, s. 784.046, or s. 784.0485 has been entered
12 against that respondent, publicly available on the county
13 recorder’s or clerk of the court’s official website an Internet
14 website for general public display, which may include the
15 Internet website required by this section, unless the respondent
16 is a minor. The identity and information required under this
17 subsection must be viewable through a searchable database that
18 is available in a clear and conspicuous location on the homepage
19 of the county recorder’s or clerk of the court’s official
20 website and must be available for search by the general public.
21 (b) The requirement in paragraph (a) may be satisfied by
22 providing a stand-alone link to the official records index. The
23 link must be located in a clear and conspicuous location on the
24 homepage of the county recorder’s or clerk of the court’s
25 official website and must be available for search by the general
26 public. The link must be titled in a manner that clearly informs
27 the user that by clicking the link, the user will be redirected
28 to a searchable database on which information available pursuant
29 to this subsection relating to the identity of a respondent
30 against whom a final judgment for injunction for the protection
31 of a minor can be found.
32 (c)(b) Any information specified in this subsection not
33 made available by the county recorder or clerk of the court as
34 provided in this subsection on a publicly available Internet
35 website for general public display before July 1, 2024 2021,
36 must be made publicly available on the county recorder’s or
37 clerk of the court’s official an Internet website if the
38 affected party identifies the information and requests that such
39 information be added to a publicly available Internet website
40 for general public display. Such request must be in writing and
41 delivered by mail, facsimile, or electronic transmission or in
42 person to the county recorder or clerk of the court. The request
43 must specify the case number assigned to the final judgment for
44 an injunction for the protection of a minor under s. 741.30, s.
45 784.046, or s. 784.0485. A fee may not be charged for the
46 addition of information pursuant to such request.
47 (d)(c) No later than 30 days after July 1, 2024 2021,
48 notice of the right of any affected party to request the
49 addition of information to the searchable database on the county
50 recorder’s or clerk of the court’s official a publicly available
51 Internet website pursuant to this subsection must shall be
52 conspicuously and clearly displayed by the county recorder or
53 clerk of the court on the county recorder’s or clerk of the
54 court’s official publicly available Internet website on which
55 images or copies of the county’s public records are placed and
56 in the office of each county recorder or clerk of the court.
57 Such notice must contain appropriate instructions for making the
58 addition of information request in person, by mail, by
59 facsimile, or by electronic transmission. The notice must state,
60 in substantially similar form, that any person has a right to
61 request that a county recorder or clerk of the court add
62 information to the searchable database on the county recorder’s
63 or clerk of the court’s official a publicly available Internet
64 website if that information involves the identity of a
65 respondent against whom a final judgment for an injunction for
66 the protection of a minor under s. 741.30, s. 784.046, or s.
67 784.0485 is entered, unless the respondent is a minor. The
68 notice must also state that the information related to the
69 identity of each respondent against whom a final judgment for an
70 injunction for the protection of a minor under s. 741.30, s.
71 784.046, or s. 784.0485 is entered is available for search by
72 the general public. The notice must include step-by-step
73 instructions detailing how a user can access the searchable
74 database and search for such information. Such request must be
75 made in writing and delivered by mail, facsimile, or electronic
76 transmission or in person to the county recorder or clerk of the
77 court. The request must specify the case number assigned to the
78 final judgment for an injunction for the protection of a minor
79 under s. 741.30, s. 784.046, or s. 784.0485. A fee may not be
80 charged for the addition of a document pursuant to such request.
81 (e)(d) Any affected person may petition the circuit court
82 for an order directing compliance with this subsection.
83
84 ================= T I T L E A M E N D M E N T ================
85 And the title is amended as follows:
86 Delete lines 4 - 6
87 and insert:
88 county recorder or clerk of the court to make certain
89 information publicly available through a searchable
90 database on the county recorder’s or clerk of the
91 court’s official website; authorizing such requirement
92 to be satisfied by providing a stand-alone link to the
93 official records index; providing requirements for
94 such link; providing requirements for certain notices;
95 providing