House Bill hb1679c1

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    Florida House of Representatives - 2002             CS/HB 1679

        By the Council for Smarter Government and Committee on
    State Administration and Representative Brummer





  1                      A bill to be entitled

  2         An act relating to public records; creating the

  3         Study Committee on Public Records; providing

  4         for membership and organization of the

  5         committee; providing purpose, duties, and

  6         responsibilities of the committee; requiring a

  7         report; providing for expiration of the

  8         committee; 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 public records on

15         a publicly available Internet website for

16         general public display; requiring that such

17         records placed on the Internet prior to the

18         effective date of the act be removed upon

19         request; providing that affected persons may

20         petition the court for an order of compliance;

21         requiring clerks of court to provide for

22         electronic retrieval of images of certain

23         documents by a specified date; providing an

24         appropriation; providing an effective date.

25

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

27

28         Section 1.  Study Committee on Public Records;

29  creation; membership; duties.--

30         (1)  There is created a Study Committee on Public

31  Records.  The committee shall be composed of 21 members, eight

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  1  of whom will serve in an advisory nonvoting capacity, as

  2  follows:

  3         (a)  The Governor shall appoint one at-large member who

  4  is a resident of the state, one attorney with expertise in

  5  Florida's public records and privacy laws, a representative

  6  from the First Amendment Foundation, and a representative from

  7  the Florida Department of Law Enforcement.  To serve in an

  8  advisory capacity, the Governor shall appoint a representative

  9  from the Department of Children and Family Services, a

10  representative from the Department of Juvenile Justice, and a

11  representative from the Department of Education.

12         (b)  The President of the Senate shall appoint a member

13  of the Senate interested in and knowledgeable in the areas of

14  public records law, judicial records, and real property and

15  probate issues; one attorney with expertise in family law; and

16  a representative of the real property title industry. To serve

17  in an advisory capacity, the President of the Senate shall

18  appoint one domestic violence advocate and one child and

19  family advocate.

20         (c)  The Speaker of the House of Representatives shall

21  appoint a member of the House of Representatives interested in

22  and knowledgeable in the areas of public records law, judicial

23  records, and family law issues; one attorney with expertise in

24  real property and probate law; and a representative from a

25  financial institution or from the credit industry. To serve in

26  an advisory capacity, the Speaker of the House of

27  Representatives shall appoint two representatives from among

28  local or community service providers.

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

30  appoint two judges or justices who are interested in and

31  knowledgeable regarding public records law and who are

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  1  familiar with the variety and types of judicial records. To

  2  serve in an advisory capacity, the Chief Justice of the

  3  Supreme Court shall appoint a representative from the judicial

  4  branch.

  5         (e)  The Florida Association of Circuit Court Clerks

  6  and Comptrollers shall appoint one Clerk of the Circuit Court.

  7         (2)  The Speaker of the House of Representatives and

  8  the President of the Senate shall designate legislative staff

  9  knowledgeable in the areas of public records and privacy laws

10  to assist the committee and provide all necessary data

11  collection, analysis, research, and support services.

12         (3)  The attorney appointed by the Governor shall serve

13  as chair of the committee.  Members must be appointed within

14  30 days after the effective date of this act. No sooner than

15  40 days and no later than 60 days after the effective date of

16  this act, the committee shall meet to establish procedures for

17  the conduct of its business and to elect a vice chair.  The

18  committee shall meet at the call of the chair but no less

19  frequently than every 2 months.  A majority of the members of

20  the committee constitutes a quorum, and a quorum is necessary

21  for the purpose of voting on any action or recommendation of

22  the committee.  All meetings shall be held in Tallahassee,

23  unless otherwise decided by the committee. No more than two

24  meetings held in locations other than Tallahassee may be held

25  for the purpose of taking public testimony regarding the

26  issues set forth in subsection (4).

27         (4)  The committee shall address:

28         (a)  The issues of privacy and public access as they

29  relate to the collection and dissemination of information

30  contained in court records. With respect to such issues, the

31  committee shall specifically address:

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  1         1.  How the collection, storage, retrieval,

  2  dissemination, and accessibility of court records through

  3  advanced technologies such as remote electronic access,

  4  including Internet access, has affected:

  5         a.  The expectation of privacy to sensitive, personal,

  6  or other evidentiary information contained in court records;

  7         b.  The role and effectiveness of the court and the

  8  clerks of the court as custodians of these records;

  9         c.  The operations of other governmental entities that

10  use information in court records;

11         d.  The security and safety of citizens; and

12         e.  The interests of business, research, and media

13  industries in these records.

14         2.  How best to balance the positive and negative

15  effects of electronic access to court records.

16         3.  Whether the courts and participants in the judicial

17  process require or provide excessive and unnecessary

18  information, and if so, the best manner in which to address

19  such issues.

20         4.  Whether categories of cases or information such as

21  financial affidavits, names and addresses of children,

22  psychological evaluations, testimony and reports of therapists

23  and counselors, and other evidentiary information found in

24  court records should be made confidential or exempt from

25  public disclosure in part or in totality.

26         5.a.  What information is and should be accessible, the

27  circumstances warranting accessibility, and the need for

28  restrictions with respect thereto; and

29         b.  Whether levels of accessibility should be

30  established based on the nature of the information and the

31  user of the information, circumstances warranting the

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  1  establishment of levels of accessibility, and the need for

  2  restrictions with respect thereto.

  3         6.  How to ensure the privacy, security, and full

  4  participation of children and families within the judicial

  5  system without undermining the fairness of the judicial

  6  process.

  7         7.  What changes, if any, in law, rule, policy, or

  8  practice related to the collection, filing, and dissemination

  9  of information contained in court records are necessary to

10  facilitate information sharing, admissibility of evidence, and

11  public access to court records, yet at the same time balance

12  security and privacy needs.

13         8.a.  What impediments exist with regard to preventing

14  the unauthorized or inadvertent disclosure of confidential or

15  exempt information in current and future court records;

16         b.  Who should be responsible for ensuring that such

17  information is kept exempt from public disclosure; and

18         c.  What, if any, penalties should be in place if such

19  disclosure occurs.

20         (b)  The issues of privacy and public access as they

21  relate to the collection and dissemination of information

22  contained in all official records.  With respect to such

23  issues, the committee shall specifically address:

24         1.  How the storage, retrieval, dissemination, and

25  accessibility of official records through advanced

26  technologies such as remote electronic access, including

27  Internet access, has affected:

28         a.  The expectation of privacy with respect to

29  sensitive or personal information contained in official

30  records;

31         b.  The role and effectiveness of the county recorder;

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  1         c.  The operations of other governmental entities who

  2  use official records;

  3         d.  The security and safety of citizens; and

  4         e.  The interests of business, research, and media

  5  industries.

  6         2.  How best to balance the positive and negative

  7  effects of access to official records, regardless of the

  8  medium.

  9         3.  The question of whether confidential or exempt

10  information contained in official records should continue to

11  be disclosed to the public in copies of records disclosed at

12  the county recorder's office or obtained through electronic

13  means.

14         4.a.  Who should be responsible for ensuring that

15  confidential or exempt information is identified, kept out of

16  official records, and kept exempt from public disclosure; and

17         b.  What changes to the law, practices, and procedures

18  need to occur in order to most effectively and efficiently

19  keep confidential or exempt information out of official

20  records.

21         5.  How the public and the legal and business

22  communities can be educated with regard to limiting the types

23  of personal information included in official records.

24         6.  How to promote greater communication between all

25  branches of government regarding the collection and disclosure

26  of sensitive personal information.

27         7.  What procedural safeguards, enforcement practices,

28  and underlying policies used by public records custodians

29  currently exist or could be implemented to protect the

30  disclosure of confidential or exempt information.

31

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  1         8.  The question of whether sanctions should be created

  2  with regard to what is placed in official records as well as

  3  for disclosing confidential or exempt information.

  4         (5)  Committee members serving in an advisory capacity

  5  shall provide information to the committee, as requested.

  6  Advisory members are, in part, responsible for reporting to

  7  the committee any recommendations regarding the following

  8  issues:

  9         (a)  What information contained in agency records

10  pertaining to minors and family issues of a sensitive nature

11  should be exempt from public disclosure, and what is the best

12  method of protecting against the unlawful dissemination of

13  such information when these records are used for court

14  proceedings.

15         (b)  What changes to agency policies and procedures are

16  necessary in order to ensure that sensitive personal

17  information relating to minors and family issues of a

18  sensitive nature is most effectively and efficiently

19  disseminated to the judiciary when such information is

20  pertinent to court proceedings.

21         (6)  The committee, as it deems appropriate, may

22  examine and recommend changes to laws, rules, and policies

23  governing all public records.

24         (7)  The committee shall review, at a minimum,

25  documents compiled by the legislative, executive, and judicial

26  branches; the clerks of court; and the Florida Bar, relating

27  to the topics of privacy, technology, and public records,

28  including official records and court records.

29         (8)  The committee shall submit a final report to the

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

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

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

  2  include specific recommendations regarding the privacy and

  3  public records issues identified in this act.  To the extent

  4  possible, the report shall include proposed legislation or

  5  rule change recommendations.  The report shall identify any

  6  necessary support services, additional training, and fiscal

  7  impact resulting from its recommendations.

  8         (9)  Members of the committee shall serve without

  9  compensation but are entitled to be reimbursed for per diem

10  and travel expenses as provided in s. 112.061. Per diem travel

11  and expenses for committee members who are employees of the

12  state shall be provided from the budgets of the employing

13  agencies.

14         (10)  The committee is terminated June 30, 2003.

15         Section 2.  Section 28.2221, Florida Statutes, is

16  amended to read:

17         28.2221  Electronic access to official records.--

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

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

20  public records and information on the Internet. The

21  Legislature further finds that a proper and legitimate state

22  purpose is also served by preventing disclosure of records and

23  information made exempt by law from public disclosure and

24  hereby determines that the provisions of this section fulfill

25  and further an important  state interest.

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

27  in each county shall provide a current index of documents

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

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

30  available Internet website which shall also contain a document

31  requisition point for obtaining images or copies of the

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  1  documents reflected in the index and which has the capability

  2  of electronically providing the index data to a central

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

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

  5  comments, and type of record.

  6         (3)  Each county recorder shall use appropriate

  7  Internet security measures to ensure that no person has the

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

  9  by the county recorder any public record.

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

11  retrieved electronically pursuant to this section shall be

12  admissible in court as an authenticated document.

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

14  public record, including an official record, on a publicly

15  available Internet website for general public display if that

16  image or copy is of a military discharge; death certificate;

17  or a court file, record, or paper relating to matters or cases

18  governed by the Florida Rules of Family Law, the Florida Rules

19  of Juvenile Procedure, or the Florida Probate Rules.  Any such

20  records made available by the county recorder on a publicly

21  available Internet website for general public display prior to

22  the effective date of this act must be removed if the affected

23  party identifies the document and requests that it be removed.

24  Any affected person may petition the circuit court for an

25  order directing compliance with this provision.  By January 1,

26  2006, each county recorder or clerk of court shall provide for

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

28  referenced as the index required to be maintained on the

29  county's official records website by this section.

30         Section 3.  There is hereby appropriated from the

31  General Revenue Fund to the Executive Office of the Governor

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  1  the sum of $25,000 for the purpose of reimbursement for per

  2  diem and travel expenses as authorized by this act.

  3         Section 4.  This act shall take effect upon becoming a

  4  law.

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