This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1443d.JDC
DATE: 2/19/2024
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 1443 Electronic Access to Official Records
SPONSOR(S): Persons-Mulicka
TIED BILLS: IDEN./SIM. BILLS: SB 1616
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Civil Justice Subcommittee 16 Y, 0 N Mathews Jones
2) Justice Appropriations Subcommittee 12 Y, 0 N Smith Keith
3) Judiciary Committee Mathews Kramer
SUMMARY ANALYSIS
Protective injunctions are available under Florida law for victims of the following forms of violence:
Domestic violence;
Repeat violence;
Sexual violence;
Dating violence; and
Stalking.
Article I, section 24(a) of the Florida Constitution sets forth the state’s public policy regarding access to
government records, guaranteeing each person a right to inspect or copy any public record of the legislative,
executive, and judicial branches of government. Independent of constitutional and statutory provisions that
require court files to be generally open to the public, the courts have found that both civil and criminal court
proceedings in Florida are public events, and that courts must adhere to the well-established common law right
of access to court proceedings and records.
Through administrative rule, the Florida Supreme Court has adopted standards for access to electronic court
records; however, clerk of court websites differ as to the level of case detail available electronically. Section
28.2221, F.S., requires the clerk of court or county recorder to make electronically available the identity of an
adult respondent against whom a final judgment for an injunction for the protection of a minor has been
entered. Current law only requires that such information be made available to the general public on an internet
website. As such, it may be difficult for an interested party to find such information, despite it being made
available somewhere on the internet.
HB 1443 amends s. 28.2221, F.S., to clarify that each clerk of court must make the identities of adults against
whom a final judgment for an injunction for the protection of a minor has been entered, as specified under s.
28.2221, F.S., viewable to the general public through a searchable database on the clerk’s own website. The
database must be easily accessible in a clear and conspicuous location on the homepage of the clerk’s
website. The identity of the adult respondent and the fact that he or she is the subject of a final judgment for an
injunction for the protection of a minor must be made available for search by the general public. Additionally,
the bill requires each clerk to post a notice on its homepage that any affected party may request the addition of
the identity of such a respondent to the database if he or she is not already included.
The bill has no impact on state government and an indeterminate fiscal impact on local government. See Fiscal
Analysis & Economic Impact Statement.
The bill has an effective date of July 1, 2024.
STORAGE NAME: h1443d.JDC PAGE: 2
DATE: 2/19/2024
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Protective Injunctions
An injunction is a court order prohibiting a person from doing a specified act or commanding a person
to undo some wrong or injury.
1
Protective injunctions are available under Florida law for victims of the
following forms of violence:
Domestic violence;
2
Repeat violence;
3
Sexual violence;
4
Dating violence;
5
and
Stalking.
6
Depending on the type of injunction issued, a protective injunction may prohibit a person from:
Remaining in the dwelling that the respondent shares with the petitioner;
Going to or being within 500 feet of the petitioner’s residence, school, place of employment, or
other specified place;
Committing an act of domestic violence or threatening to commit an act of violence against the
petitioner;
Telephoning, contacting, or otherwise communicating with the petitioner;
Knowingly and intentionally coming within 100 feet of the petitioner’s motor vehicle;
Defacing or destroying the petitioner’s personal property; or
Maintaining possession of firearms or ammunition.
7
A court may also require a respondent to complete a batterer’s intervention program.
8
Violation of a
protective injunction is a first-degree misdemeanor, punishable by up to one year in jail and a $1,000
fine.
9
A petitioner seeking a protective injunction must allege in a sworn petition that:
He or she is a victim of domestic violence; repeat, sexual, or dating violence; or stalking; or
In the case of a petition for a domestic violence injunction, he or she has reasonable cause to
believe he or she is in imminent danger of such violence.
10
As soon as possible following the filing of the petition, a court must review the petition and determine
whether stalking exists, or whether an immediate and present danger of alleged violence exists, as
applicable.
11
If the court finds the petitioner is a victim of stalking or is in immediate and present danger
of violence, it may grant a temporary injunction in an ex parte proceeding,
12
pending a final hearing,
1
Black’s Law Dictionary 540 (6th ed. 1995).
2
Domestic violence is an assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery,
stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death
of one family or household member by another family or household member. Ss. 741.28(2) and 741.30, F.S.
3
S. 784.046, F.S.
4
Id.
5
Id.
6
S. 784.0485, F.S., governs the issuance of injunctions against stalking and cyberstalking. This process largely parallels
the provisions and procedures relating to domestic violence injunctions.
7
S. 741.31, F.S.
8
Id.; s. 741.30, F.S.
9
Ss. 741.31, 775.082, 775.083, 784.047, and 784.0487, F.S.
10
Ss. 741.30(1)(a), 784.046, and 784.0485, F.S. STORAGE NAME: h1443d.JDC PAGE: 3
DATE: 2/19/2024
and grant relief including, but not limited to, restraining the respondent from committing any acts of
domestic violence or stalking, as applicable; and in the case of domestic violence:
Awarding to the petitioner the temporary exclusive use and possession of a shared residence or
excluding the respondent from the petitioner’s residence; and
Providing to the petitioner a temporary parenting plan,
13
including a timesharing schedule,
14
which may award the petitioner up to 100 percent of the timesharing.
15
Upon review of the petition, a court must set a final evidentiary hearing with notice to the respondent,
and upon such hearing with notice, may grant protective injunctive relief as it deems proper.
16
Such
injunctive relief may be for a set period of time as ordered by the court or may be granted indefinitely or
permanently.
Public Records
Article I, section 24(a) of the Florida Constitution sets forth the state’s public policy regarding access to
government records. The section guarantees every person a right to inspect or copy any public record
of the legislative, executive, and judicial branches of government. The Legislature, however, may
provide by general law for the exemption of records from the requirements of Article I, section 24(a) of
the Florida Constitution provided the exemption passes by two-thirds vote of each chamber, states with
specificity the public necessity justifying the exemption, and is no broader than necessary to meet its
public purpose.
17
The Florida Statutes also address the public policy regarding access to government records. Section
119.07(1), F.S., guarantees every person a right to inspect and copy any state, county, or municipal
record, unless the record is exempt. Furthermore, the Open Government Sunset Review Act
(OGSRA)
18
provides that a public record exemption may be created or maintained only if it serves an
identifiable public purpose and the “Legislature finds that the purpose is sufficiently compelling to
override the strong public policy of open government and cannot be accomplished without the
exemption.”
19
However, the exemption may be no broader than is necessary to meet one of the
following purposes:
Allowing the state or its political subdivisions to effectively and efficiently administer a
governmental program, which administration would be significantly impaired without the
exemption;
Protecting sensitive personal information that, if released, would be defamatory or would
jeopardize an individual’s safety; or
Protecting trade or business secrets.
20
The OGSRA does not apply to an exemption that applies solely to the Legislature or the State Court
System.
21
Further, the OGSRA does not apply to an amendment to public records law that narrows the
scope of an existing exemption.
22
11
Ss. 741.30(5)(a), 784.046, and 784.0485, F.S.
12
“Ex parte,” Latin for “from one party,” refers to motions for orders that can be granted without waiting for a response
from the other side. These are generally orders that are in place only until further hearings can be held. Legal Information
Institute, Ex Parte, https://www.law.cornell.edu/wex/ex_parte (last visited Feb. 6, 2024).
13
A “parenting plan” governs the relationship between parents relating to decisions that must be made regarding the
minor child and must contain a timesharing schedule for the parents and child. S. 61.046(14), F.S.
14
“Timesharing schedule” means a timetable that must be included in a parenting plan that specifies the time, including
overnights and holidays, which a minor child will spend with each parent. S. 61.046(23), F.S.
15
S. 741.30(5)(a), F.S.
16
Ss. 741.30(6)(a), 784.046, and 784.0485, F.S.
17
Art. I, s. 24(c), Fla. Const.
18
S. 119.15, F.S.
19
S. 119.15(6)(b), F.S.
20
Id.
21
S. 119.15(2)(b), F.S.
22
S. 119.15(4)(b), F.S. STORAGE NAME: h1443d.JDC PAGE: 4
DATE: 2/19/2024
Public Records and Court Proceedings
Independent of constitutional and statutory provisions that require court files to be generally open to the
public, case law provides that "both civil and criminal court proceedings in Florida are public events"
and that courts must "adhere to the well-established common law right of access to court proceedings
and records."
23
A court may close a court file or a portion thereof on equitable grounds, but its ability to
do so is limited. The Florida Supreme Court has ruled that closure of court proceedings or records
should occur only when necessary to:
Comply with established public policy set forth in the constitution, statutes, rules, or case law.
Protect trade secrets.
Protect a compelling governmental interest such as national security or the identity of
confidential informants.
Obtain evidence to properly determine legal issues in a case.
Avoid substantial injury to innocent third parties, such as to protect a child in a divorce.
Avoid substantial injury to a party by disclosure of matters protected by a common law or
privacy right not generally inherent in the specific type of civil proceeding sought to be closed.
24
Currently, s. 119.0714(1), F.S., provides public record exemptions for several types of personal
information contained in court files, including, but not limited to:
Records prepared by an agency attorney;
25
Various law enforcement confidential records;
26
Social security numbers;
27
Bank account numbers; and
A petition for an injunction for protection against domestic violence, repeat violence, dating
violence, sexual violence, stalking and cyberstalking that has been dismissed without a
hearing, dismissed due failure to state a claim or lack of jurisdiction, or dismissed for any other
reason having to do with the sufficiency of the petition itself without an injunction being
issued.
28
Access to Electronic Court Records
Through administrative rule, the Florida Supreme Court has adopted standards for access to electronic
court records and an access security matrix.
29
There are different levels of permissible access
depending on “the user’s role and applicable statutes, court rules, and applicable administrative policy.
Access may be restricted to certain user roles based on case type, document type, or information
contained within court records.”
30
Current law authorizes access for the general public for all records except those that are expunged or
sealed, automatically confidential under Rule 2.420(d)(1), Fla. R. Jud. Admin.,
31
or made confidential by
court order. However, the general public may not remotely access images of records in cases governed
23
Barron v. Florida Freedom Newspapers, Inc., 531 So.2d 113, 116 (Fla. 1988).
24
Id. at 118.
25
S. 119.0714(1)(a), F.S.
26
S. 119.0714, F.S.
27
S. 119.0714(1)(i), F.S.
28
S. 119.0714(1)(j), F.S.
29
Fla. Office of the State Courts Administrator, Standards for Access to Electronic Court Records (Sept. 2022),
https://www.flcourts.gov/content/download/850949/file/standards-for-access-to-electronic-court-records-september-
2022.pdf (last visited Feb. 6, 2024).
30
Id.
31
Pursuant to Rule 2.420(d)(1), Fla. R. of Judicial Admin., certain matters are automatically confidential, including, but not
limited to, adoption records, chapter 39 records relating to dependency matters and termination of parental rights, clinical
records under the Baker Act, the victim’s address in domestic violence matters, protected information regarding victims of
child abuse or sexual offenses, and information that can be used to identify a petitioner or respondent in a petition for
injunction against domestic violence, repeat violence, dating violence, sexual violence, stalking, or cyberstalking. STORAGE NAME: h1443d.JDC PAGE: 5
DATE: 2/19/2024
by the Florida Family Law Rules of Procedure, Florida Rules of Juvenile Procedure, or Florida Probate
Rules, pursuant to s. 28.2221(5)(a), F.S.
32
Serena’s Law
Pursuant to s. 28.2221, F.S., each county recorder or clerk of court must post on its website the identity
of a respondent against whom a final judgment for an injunction for protection of a minor under ss.
741.30 (relating to domestic violence), 784.046 (relating to repeat, sexual, or dating violence), or
784.0485 (relating to stalking), F.S., is issued, unless the respondent is a minor.
Although administrative rules require electronic access to certain court records, clerk of court websites
differ on how much case detail is available electronically. As a result, when a criminal case is not
prosecuted but a civil protective injunction is obtained against a perpetrator, potential employers and
other members of the public may have difficulty discovering or be unable to discover that injunction,
including through the use of a third-party background check.
Effect of Proposed Changes
HB 1443 amends s. 28.2221, F.S., to clarify that each clerk of court, as opposed to either a clerk of
court or the county recorder, must make available the identity of a respondent against whom a final
judgment for an injunction for protection of a minor from domestic violence, repeat violence, sexual
violence, dating violence, or stalking is issued, unless the respondent is also a minor. Such information
must be viewable through a searchable database that is available in a clear and conspicuous location
on the homepage of the clerk’s official website. The required information must be made available for
search by the general public.
The bill requires that the clerk’s website must provide clear and conspicuous notice of the right of any
affected party to request the addition to the database of the identity of a respondent against whom such
an injunction has been issued if the respondent’s identity is not already included. The notice provision
informs a victim or other affected party of the manner by which he or she may request that the identity
of a respondent which is not currently published online under s. 28.2221, F.S., be added to the
database.
The bill provides an effective date of July 1, 2024.
B. SECTION DIRECTORY:
Section 1: Amends s. 28.2221, F.S., relating to electronic access to official records.
Section 2: Provides an effective date of July 1, 2024.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
32
Supra note 33 at 6. STORAGE NAME: h1443d.JDC PAGE: 6
DATE: 2/19/2024
2. Expenditures:
See Fiscal Comments.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
The bill may have an insignificant, yet indeterminate fiscal impact on clerks of the court expenditures
related to creating the searchable database as prescribed under the bill. If current databases or indices
of Official Records could be utilized, there would be no additional cost to the clerks. In the event that
individual clerks’ offices are required to create a new database in order to comply with the provisions of
the bill, an indeterminate negative fiscal impact could be realized.
33
However, statewide revenue
projections for funding received by the clerks’ Fine and Forfeiture Funds are forecasted to increase by
$5.7 million in Fiscal Year 2023-24 and by $5.4 million in Fiscal Year 2024-25
34
, which could help offset
any potential impact.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
The county/municipality mandates provision of Art. VII, section 18, of the Florida Constitution may
apply because this bill creates new requirements for a clerk of court; however, an exemption may
apply because the fiscal impact may be insignificant.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
Not applicable.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
33
Florida Association of Court Clerks and Comptrollers, Agency Analysis of 2024 House Bill 1443, p. 2 (Feb. 1, 2024).
34
Office of Economic and Demographic Research, Revenue Estimating Conference, Article V Fees & Transfers,
Executive Summary, p. 2 (Dec. 20, 2023). http://edr.state.fl.us/Content/conferences/articleV/ArticleVsummary.pdf (last
visited Feb. 6, 2024).