Florida Senate - 2024                             CS for SB 1616
       
       
        
       By the Committee on Judiciary; and Senator Calatayud
       
       
       
       
       
       590-03085-24                                          20241616c1
    1                        A bill to be entitled                      
    2         An act relating to electronic access to official
    3         records; amending s. 28.2221, F.S.; requiring the
    4         clerk of the court to make certain information
    5         available in a searchable database on the clerk’s
    6         official website; making technical changes; providing
    7         an effective date.
    8          
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Subsection (8) of section 28.2221, Florida
   12  Statutes, is amended to read:
   13         28.2221 Electronic access to official records.—
   14         (8)(a) Each county recorder or clerk of the court shall
   15  must make the identity of each respondent against whom a final
   16  judgment for an injunction for the protection of a minor under
   17  s. 741.30, s. 784.046, or s. 784.0485 is entered, as well as the
   18  fact that a final judgment for an injunction for the protection
   19  of a minor under s. 741.30, s. 784.046, or s. 784.0485 has been
   20  entered against that respondent, publicly available on the
   21  clerk’s official website an Internet website for general public
   22  display, which may include the Internet website required by this
   23  section, unless the respondent is a minor. The identity and
   24  information required under this subsection shall be viewable
   25  through a searchable database that is available in a clear and
   26  conspicuous location on the homepage of the clerk’s official
   27  website and shall be available for search by the general public.
   28         (b) Any information specified in this subsection not made
   29  available by the county recorder or clerk of the court as
   30  provided in this subsection on a publicly available Internet
   31  website for general public display before July 1, 2024, shall
   32  2021, must be made publicly available on the clerk of the
   33  court’s official an Internet website if the affected party
   34  identifies the information and requests that such information be
   35  added to a publicly available Internet website for general
   36  public display. Such request shall must be in writing and
   37  delivered by mail, facsimile, or electronic transmission or in
   38  person to the county recorder or clerk of the court. The request
   39  shall must specify the case number assigned to the final
   40  judgment for an injunction for the protection of a minor under
   41  s. 741.30, s. 784.046, or s. 784.0485. A fee may not be charged
   42  for the addition of information pursuant to such request.
   43         (c) No later than 30 days after July 1, 2024 2021, notice
   44  of the right of any affected party to request the addition of
   45  information to the searchable database on the clerk of the
   46  court’s official a publicly available Internet website pursuant
   47  to this subsection shall be conspicuously and clearly displayed
   48  by the county recorder or clerk of the court on the clerk’s
   49  official publicly available Internet website on which images or
   50  copies of the county’s public records are placed and in the
   51  office of each county recorder or clerk of the court. Such
   52  notice shall must contain appropriate instructions for making
   53  the addition of information request in person, by mail, by
   54  facsimile, or by electronic transmission. The notice shall must
   55  state, in substantially similar form, that any person has a
   56  right to request that a county recorder or clerk of the court
   57  add information to the searchable database on the clerk of the
   58  court’s official a publicly available Internet website if that
   59  information involves the identity of a respondent against whom a
   60  final judgment for an injunction for the protection of a minor
   61  under s. 741.30, s. 784.046, or s. 784.0485 is entered, unless
   62  the respondent is a minor. Such request shall must be made in
   63  writing and delivered by mail, facsimile, or electronic
   64  transmission or in person to the county recorder or clerk of the
   65  court. The request shall must specify the case number assigned
   66  to the final judgment for an injunction for the protection of a
   67  minor under s. 741.30, s. 784.046, or s. 784.0485. A fee may not
   68  be charged for the addition of a document pursuant to such
   69  request.
   70         (d) Any affected person may petition the circuit court for
   71  an order directing compliance with this subsection.
   72         Section 2. This act shall take effect July 1, 2024.