ENROLLED
2024 Legislature CS for SB 1616, 1st Engrossed
20241616er
1
2 An act relating to electronic access to official
3 records; amending s. 28.2221, F.S.; requiring the
4 county recorder or clerk of the court to make certain
5 information publicly available through a searchable
6 database on the county recorder’s or clerk of the
7 court’s official website; authorizing such requirement
8 to be satisfied by providing a stand-alone link to the
9 official records index; providing requirements for
10 such link; providing requirements for certain notices;
11 providing an effective date.
12
13 Be It Enacted by the Legislature of the State of Florida:
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15 Section 1. Subsection (8) of section 28.2221, Florida
16 Statutes, is amended to read:
17 28.2221 Electronic access to official records.—
18 (8)(a) Each county recorder or clerk of the court must make
19 the identity of each respondent against whom a final judgment
20 for an injunction for the protection of a minor under s. 741.30,
21 s. 784.046, or s. 784.0485 is entered, as well as the fact that
22 a final judgment for an injunction for the protection of a minor
23 under s. 741.30, s. 784.046, or s. 784.0485 has been entered
24 against that respondent, publicly available on the county
25 recorder’s or clerk of the court’s official website an Internet
26 website for general public display, which may include the
27 Internet website required by this section, unless the respondent
28 is a minor. The identity and information required under this
29 subsection must be viewable through a searchable database that
30 is available in a clear and conspicuous location on the homepage
31 of the county recorder’s or clerk of the court’s official
32 website and must be available for search by the general public.
33 (b) The requirement in paragraph (a) may be satisfied by
34 providing a stand-alone link to the official records index. The
35 link must be located in a clear and conspicuous location on the
36 homepage of the county recorder’s or clerk of the court’s
37 official website and must be available for search by the general
38 public. The link must be titled in a manner that clearly informs
39 the user that by clicking the link, the user will be redirected
40 to a searchable database on which information available pursuant
41 to this subsection relating to the identity of a respondent
42 against whom a final judgment for injunction for the protection
43 of a minor can be found.
44 (c)(b) Any information specified in this subsection not
45 made available by the county recorder or clerk of the court as
46 provided in this subsection on a publicly available Internet
47 website for general public display before July 1, 2024 2021,
48 must be made publicly available on the county recorder’s or
49 clerk of the court’s official an Internet website if the
50 affected party identifies the information and requests that such
51 information be added to a publicly available Internet website
52 for general public display. Such request must be in writing and
53 delivered by mail, facsimile, or electronic transmission or in
54 person to the county recorder or clerk of the court. The request
55 must specify the case number assigned to the final judgment for
56 an injunction for the protection of a minor under s. 741.30, s.
57 784.046, or s. 784.0485. A fee may not be charged for the
58 addition of information pursuant to such request.
59 (d)(c) No later than 30 days after July 1, 2024 2021,
60 notice of the right of any affected party to request the
61 addition of information to the searchable database on the county
62 recorder’s or clerk of the court’s official a publicly available
63 Internet website pursuant to this subsection must shall be
64 conspicuously and clearly displayed by the county recorder or
65 clerk of the court on the county recorder’s or clerk of the
66 court’s official publicly available Internet website on which
67 images or copies of the county’s public records are placed and
68 in the office of each county recorder or clerk of the court.
69 Such notice must contain appropriate instructions for making the
70 addition of information request in person, by mail, by
71 facsimile, or by electronic transmission. The notice must state,
72 in substantially similar form, that any person has a right to
73 request that a county recorder or clerk of the court add
74 information to the searchable database on the county recorder’s
75 or clerk of the court’s official a publicly available Internet
76 website if that information involves the identity of a
77 respondent against whom a final judgment for an injunction for
78 the protection of a minor under s. 741.30, s. 784.046, or s.
79 784.0485 is entered, unless the respondent is a minor. The
80 notice must also state that the information related to the
81 identity of each respondent against whom a final judgment for an
82 injunction for the protection of a minor under s. 741.30, s.
83 784.046, or s. 784.0485 is entered is available for search by
84 the general public. The notice must include step-by-step
85 instructions detailing how a user can access the searchable
86 database and search for such information. Such request must be
87 made in writing and delivered by mail, facsimile, or electronic
88 transmission or in person to the county recorder or clerk of the
89 court. The request must specify the case number assigned to the
90 final judgment for an injunction for the protection of a minor
91 under s. 741.30, s. 784.046, or s. 784.0485. A fee may not be
92 charged for the addition of a document pursuant to such request.
93 (e)(d) Any affected person may petition the circuit court
94 for an order directing compliance with this subsection.
95 Section 2. This act shall take effect July 1, 2024.