Florida Senate - 2024                                    SB 1616
       
       
        
       By Senator Calatayud
       
       
       
       
       
       38-01667-24                                           20241616__
    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; providing an effective date.
    7          
    8  Be It Enacted by the Legislature of the State of Florida:
    9  
   10         Section 1. Subsection (8) of section 28.2221, Florida
   11  Statutes, is amended to read:
   12         28.2221 Electronic access to official records.—
   13         (8)(a) Each county recorder or clerk of the court must make
   14  the identity of each respondent against whom a final judgment
   15  for an injunction for the protection of a minor under s. 741.30,
   16  s. 784.046, or s. 784.0485 is entered, as well as the fact that
   17  a final judgment for an injunction for the protection of a minor
   18  under s. 741.30, s. 784.046, or s. 784.0485 has been entered
   19  against that respondent, publicly available on the clerk’s
   20  official website, an Internet website for general public
   21  display, which may include the Internet website required by this
   22  section, unless the respondent is a minor. The identity and
   23  information required under this subsection must be viewable
   24  through a searchable database that is available in a clear and
   25  conspicuous location on the homepage of the clerk’s official
   26  website and must be available for search by the general public.
   27         (b) Any information specified in this subsection not made
   28  available by the county recorder or clerk of the court as
   29  provided in this subsection on a publicly available Internet
   30  website for general public display before July 1, 2024 2021,
   31  must be made publicly available on the clerk of the court’s
   32  official an Internet website if the affected party identifies
   33  the information and requests that such information be added to a
   34  publicly available Internet website for general public display.
   35  Such request must be in writing and delivered by mail,
   36  facsimile, or electronic transmission or in person to the county
   37  recorder or clerk of the court. The request must specify the
   38  case number assigned to the final judgment for an injunction for
   39  the protection of a minor under s. 741.30, s. 784.046, or s.
   40  784.0485. A fee may not be charged for the addition of
   41  information pursuant to such request.
   42         (c) No later than 30 days after July 1, 2024 2021, notice
   43  of the right of any affected party to request the addition of
   44  information to the searchable database on the clerk of the
   45  court’s official a publicly available Internet website pursuant
   46  to this subsection must shall be conspicuously and clearly
   47  displayed by the county recorder or clerk of the court on the
   48  clerk’s official publicly available Internet website on which
   49  images or copies of the county’s public records are placed and
   50  in the office of each county recorder or clerk of the court.
   51  Such notice must contain appropriate instructions for making the
   52  addition of information request in person, by mail, by
   53  facsimile, or by electronic transmission. The notice must state,
   54  in substantially similar form, that any person has a right to
   55  request that a county recorder or clerk of the court add
   56  information to the searchable database on the clerk of the
   57  court’s official a publicly available Internet website if that
   58  information involves the identity of a respondent against whom a
   59  final judgment for an injunction for the protection of a minor
   60  under s. 741.30, s. 784.046, or s. 784.0485 is entered, unless
   61  the respondent is a minor. Such request must be made in writing
   62  and delivered by mail, facsimile, or electronic transmission or
   63  in person to the county recorder or clerk of the court. The
   64  request must specify the case number assigned to the final
   65  judgment for an injunction for the protection of a minor under
   66  s. 741.30, s. 784.046, or s. 784.0485. A fee may not be charged
   67  for the addition of a document pursuant to such request.
   68         (d) Any affected person may petition the circuit court for
   69  an order directing compliance with this subsection.
   70         Section 2. This act shall take effect July 1, 2024.