Florida 2024 2024 Regular Session

Florida House Bill H1443 Introduced / Bill

Filed 01/07/2024

                       
 
HB 1443  	2024 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb1443-00 
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F L O R I D A H O U S E O F R E P	R E S E N T A T I V E	S 
 
 
 
A bill to be entitled 1 
An act relating to electronic access to official 2 
records; amending s. 28.2221, F.S.; requiring the 3 
county clerk of the court to make certain information 4 
available in a searchable database on the clerk's 5 
official website; providing an effective date. 6 
 7 
Be It Enacted by the Legislature of the State of Florida: 8 
 9 
 Section 1.  Subsection (8) of section 28.2221, Florida 10 
Statutes, is amended to read: 11 
 28.2221  Electronic access to official records. — 12 
 (8)(a)  Each county recorder or clerk of the court must 13 
make the identity of each respondent against whom a final 14 
judgment for an injunction for the protection of a minor under 15 
s. 741.30, s. 784.046, or s. 784.04 85 is entered, as well as the 16 
fact that a final judgment for an injunction for the protection 17 
of a minor under s. 741.30, s. 784.046, or s. 784.0485 has been 18 
entered against that respondent, publicly available on the 19 
clerk's official website, an Internet website for general public 20 
display, which may include the Internet website required by this 21 
section, unless the respondent is a minor. The identity and 22 
information required under this subsection must be viewable 23 
through a searchable database that is availab le in a clear and 24 
conspicuous location on the homepage of the clerk's official 25     
 
HB 1443  	2024 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
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F L O R I D A H O U S E O F R E P	R E S E N T A T I V E	S 
 
 
 
website and must be available for search by the general public. 26 
 (b)  Any information specified in this subsection not made 27 
available by the county recorder or clerk of the court as 28 
provided in this subsection on a publicly available Internet 29 
website for general public display before July 1, 2024 2021, 30 
must be made publicly available on the clerk of the court's 31 
official an Internet website if the affected party identifies 32 
the information and requests that such information be added to a 33 
publicly available Internet website for general public display. 34 
Such request must be in writing and delivered by mail, 35 
facsimile, or electronic transmission or in person to the county 36 
recorder or clerk of the court. The request must specify the 37 
case number assigned to the final judgment for an injunction for 38 
the protection of a minor under s. 741.30, s. 784.046, or s. 39 
784.0485. A fee may not be charged for the addition of 40 
information pursuant to such request. 41 
 (c)  No later than 30 days after July 1, 2024 2021, notice 42 
of the right of any affected party to request the addition of 43 
information to the searchable database on the clerk of court's 44 
official a publicly available Internet website pursuant to th is 45 
subsection must shall be conspicuously and clearly displayed by 46 
the county recorder or clerk of the court on the clerk's 47 
official publicly available Internet website on which images or 48 
copies of the county's public records are placed and in the 49 
office of each county recorder or clerk of the court. Such 50     
 
HB 1443  	2024 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
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notice must contain appropriate instructions for making the 51 
addition of information request in person, by mail, by 52 
facsimile, or by electronic transmission. The notice must state, 53 
in substantially similar form, that any person has a right to 54 
request that a county recorder or clerk of the court add 55 
information to the searchable database on the clerk of court's 56 
official a publicly available Internet website if that 57 
information involves the identity of a respo ndent against whom a 58 
final judgment for an injunction for the protection of a minor 59 
under s. 741.30, s. 784.046, or s. 784.0485 is entered, unless 60 
the respondent is a minor. Such request must be made in writing 61 
and delivered by mail, facsimile, or electron ic transmission or 62 
in person to the county recorder or clerk of the court. The 63 
request must specify the case number assigned to the final 64 
judgment for an injunction for the protection of a minor under 65 
s. 741.30, s. 784.046, or s. 784.0485. A fee may not be charged 66 
for the addition of a document pursuant to such request. 67 
 (d)  Any affected person may petition the circuit court for 68 
an order directing compliance with this subsection. 69 
 Section 2.  This act shall take effect July 1, 2024. 70