House Bill hb1679

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    Florida House of Representatives - 2002                HB 1679

        By the Committee on State Administration and
    Representative Brummer





  1                      A bill to be entitled

  2         An act relating to official records; creating

  3         the Study Commission on Official Records;

  4         providing for membership and organization of

  5         the commission; providing purpose, duties, and

  6         responsibilities of the commission; requiring a

  7         report; providing for expiration of the

  8         commission; amending s. 28.2221, F.S., relating

  9         to electronic access to official records;

10         revising declared state purpose with respect to

11         such access; providing limitations with respect

12         to a specified Internet index of documents;

13         providing that county recorders may not place

14         images or copies of specified official records

15         on a publicly available Internet website for

16         general public display; requiring the removal

17         of such records placed on the Internet prior to

18         the effective date of the act; providing that

19         affected persons may petition the court for an

20         order of compliance; providing an effective

21         date.

22

23  Be It Enacted by the Legislature of the State of Florida:

24

25         Section 1.  Study Commission on Official Records;

26  creation; membership; duties.--

27         (1)  There is created a Study Commission on Official

28  Records.  The commission shall be composed of 17 members, as

29  follows:

30         (a)  The Speaker of the House of Representatives shall

31  appoint three individuals, one of whom is a member of the

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    Florida House of Representatives - 2002                HB 1679

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  1  House of Representatives, one of whom represents a financial

  2  institution or credit industry, and one of whom represents the

  3  real property title industry.

  4         (b)  The President of the Senate shall appoint three

  5  individuals, one of whom is a member of the Senate, one of

  6  whom represents the broadcast, print, or electronic media, and

  7  one of whom represents the First Amendment Foundation.

  8         (c)  The Governor shall appoint six individuals, as

  9  follows:

10         1.  Two at-large members who are residents of the

11  state.

12         2.  One representative of the Department of Law

13  Enforcement.

14         3.  Three attorneys who are members in good standing of

15  The Florida Bar, all of whom have extensive knowledge of

16  Florida's public records and privacy laws and the Florida

17  Constitution.  At least one of the attorneys must have

18  additional expertise in the area of probate law, and at least

19  one of the attorneys must have additional expertise in the

20  area of family law.

21         (d)  The Chief Justice of the Supreme Court shall

22  appoint three individuals, one of whom is a circuit court

23  judge, one of whom is a justice of the Supreme Court, and one

24  of whom is a representative from an office of trial court

25  administrators.

26         (e)  The Florida Association of Circuit Court Clerks

27  and Comptrollers shall appoint two individuals, one of whom is

28  a circuit court clerk and one of whom is a deputy circuit

29  court clerk.

30

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    Florida House of Representatives - 2002                HB 1679

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  1         (2)  The Governor shall designate the chair of the

  2  commission from among the attorney members appointed pursuant

  3  to paragraph (1)(c).

  4         (3)  The Speaker of the House of Representatives and

  5  the President of the Senate shall designate staff within the

  6  Legislature to assist the commission and provide all necessary

  7  data collection, analysis, research, and support services.

  8         (4)  Members must be appointed within 30 days after the

  9  effective date of this act. No sooner than 40 days and no

10  later than 60 days after the effective date of this act, the

11  commission shall meet to establish procedures for the conduct

12  of its business and to elect a vice chair.  The commission

13  shall meet at the call of the chair but no less frequently

14  than every 2 months. All meetings of the commission shall be

15  held in Tallahassee.

16         (5)  Members of the commission shall serve without

17  compensation but are entitled to be reimbursed for per diem

18  and travel expenses as provided in s. 112.061, Florida

19  Statutes.

20         (6)  The primary purpose of the commission shall be to

21  recommend any needed changes to laws governing privacy,

22  confidentiality, and access to official records.

23  Specifically, the commission shall address:

24         (a)  The manner in which recent advances in remote

25  electronic access, including Internet access, have affected

26  the collection and dissemination of sensitive personal

27  information, and whether the collection and dissemination of

28  such information has affected fraudulent activity and the

29  public's concerns regarding privacy.

30         (b)  The question of whether confidential or exempt

31  information contained in official records should continue to

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    Florida House of Representatives - 2002                HB 1679

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  1  be disclosed to the public in copies of records obtained at

  2  the offices of the clerks of court within this state or

  3  obtained through electronic means.

  4         (c)  The question of whether official records should

  5  contain confidential or exempt information. With respect

  6  thereto:

  7         1.  Who should be responsible for ensuring that such

  8  information is kept exempt from public disclosure;

  9         2.  What logistical and practical impediments exist to

10  keeping such information exempt from public disclosure in

11  existing and future official records; and

12         3.  What changes to the law and/or practices and

13  procedures need to be implemented in order to most effectively

14  and efficiently keep confidential or exempt information out of

15  official records.

16         (d)  The question of how to eliminate the inclusion of

17  confidential or exempt information in records of the judicial

18  branch that are either recorded or are otherwise made publicly

19  available if it is determined that confidential or exempt

20  information should not be disclosed in official records.

21         (e)  The best method of educating the public and the

22  legal and business communities with regard to limiting the

23  types of personal information that are included in official

24  records.

25         (f)  The best method of promoting greater communication

26  between all branches of government regarding the collection

27  and disclosure of sensitive personal information.

28         (g)  The question of whether sanctions should be

29  created with regard to the types of information to be placed

30  in official records and the disclosure of confidential or

31  exempt information.

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  1         (7)  The commission, as it deems appropriate, may

  2  examine and recommend changes to other laws, rules, and

  3  policies governing all public records.

  4         (8)  The commission shall review, at a minimum,

  5  documents compiled by legislative, executive, or judicial

  6  branches relating to the topics of privacy, technology, and

  7  public records.

  8         (9)  The commission shall submit a final report to the

  9  Governor, the Chief Justice of the Supreme Court, the

10  President of the Senate, and the Speaker of the House of

11  Representatives by January 1, 2003.  The final report shall

12  include all recommendations and elements required by this

13  section, a draft of appropriate legislation or rules of

14  procedure, and any other recommendations regarding privacy and

15  official records.

16         (10)  The commission shall identify any necessary

17  support services, additional training, and fiscal impact

18  resulting from its recommendations.

19         (11)  The commission is terminated June 30, 2003.

20         Section 2.  Section 28.2221, Florida Statutes, is

21  amended to read:

22         28.2221  Electronic access to official records.--

23         (1)  The Legislature finds that a proper and legitimate

24  state purpose is served by providing the public with access to

25  public records and information on the Internet.  The

26  Legislature further finds that a proper and legitimate state

27  purpose is also served by preventing disclosure of records and

28  information made exempt by law from public disclosure and

29  hereby determines that the provisions of this section fulfill

30  and further an important state interest.

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    Florida House of Representatives - 2002                HB 1679

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  1         (2)  No later than January 1, 2002, the county recorder

  2  in each county shall provide a current index of documents

  3  recorded in the official records of the county for the period

  4  beginning no later than January 1, 1990, on a publicly

  5  available Internet website which shall also contain a document

  6  requisition point for obtaining images or copies of the

  7  documents reflected in the index and which has the capability

  8  of electronically providing the index data to a central

  9  statewide search site.  The index shall be limited to grantor

10  and grantee names, party names, date, book and page number,

11  and type of record.

12         (3)  Each county recorder shall use appropriate

13  Internet security measures to ensure that no person has the

14  ability to alter or to modify records placed on the Internet

15  by the Clerks of Court any public record.

16         (4)  Unless otherwise provided by law, no information

17  retrieved electronically pursuant to this section shall be

18  admissible in court as an authenticated document.

19         (5)  No county recorder may place an image or copy of

20  an official record on a publicly available Internet website

21  for general public display if that image or copy is of a

22  military discharge; death certificate; any document filed

23  under chapter 61 or the Family Law Rules of Procedure,

24  including pleadings, discovery, psychological evaluations,

25  financial affidavits, and any orders or judgments entered by

26  the court; and any document filed under the laws of Florida or

27  the Florida Probate Rules related to probate and guardianship

28  proceedings.  Any such records on the Internet for general

29  public display prior to the effective date of this act must be

30  removed.  Any affected person may petition the circuit court

31  for an order directing compliance with this provision. By

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    Florida House of Representatives - 2002                HB 1679

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  1  January 1, 2006, each county recorder shall provide for

  2  electronic retrieval, at a minimum, of images of documents

  3  referenced as the index required to be maintained on the

  4  county's official records website by this section.

  5         Section 3.  This act shall take effect upon becoming a

  6  law.

  7

  8            *****************************************

  9                          HOUSE SUMMARY

10
      Creates the Study Commission on Official Records for the
11    purpose of recommending any needed changes to laws
      currently governing privacy, confidentiality, and access
12    to official records. Provides for membership and
      organization of the commission. Provides duties and
13    responsibilities of the commission. Requires the
      commission to submit a final report of its findings and
14    recommendations by January 1, 2003. Provides for
      expiration of the commission on June 30, 2003.
15

16    Revises current provisions of law relating to electronic
      access to official records. Revises the declared purpose
17    of the state with respect to such access. Provides
      limitations with respect to a specified Internet index of
18    documents. Provides that county recorders may not place
      images or copies of specified official records on a
19    publicly available Internet website for general public
      display and requires the removal of such records placed
20    on the Internet prior to the effective date of the act.
      Provides that affected persons may petition the court for
21    an order of compliance.

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