This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1443z.DOCX
DATE: 3/7/2024
HOUSE OF REPRESENTATIVES STAFF FINAL BILL ANALYSIS
BILL #: CS/HB 1443 Electronic Access to Official Records
SPONSOR(S): Judiciary Committee, Persons-Mulicka and others
TIED BILLS: IDEN./SIM. BILLS: CS/SB 1616
FINAL HOUSE FLOOR ACTION: 113 Y’s
0 N’s GOVERNOR’S ACTION: Pending
SUMMARY ANALYSIS
CS/HB 1443 passed the House on March 5, 2024, as CS/SB 1616 as amended.
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.
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.
CS/HB 1443 amends s. 28.2221, F.S., to clarify that each clerk of court or county recorder 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 or recorder’s own website. The database must be easily accessible in a clear and conspicuous
location on the homepage of the website. Additionally, the bill requires each clerk or county recorder 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.
Subject to the Governor’s veto powers, the effective date of this bill is July 1, 2024.
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I. SUBSTANTIVE INFORMATION
A. EFFECT OF 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
Upon the filing of a petition for a protective injunction, the 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
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.
11
Ss. 741.30(5)(a), 784.046, and 784.0485, F.S.
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of violence, it may grant a temporary injunction in an ex parte proceeding,
12
pending a final hearing,
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
A temporary injunction is effective only for up to 15 days, and a full hearing must be set for a date prior
to the injunction’s expiration.
16
Following the full hearing, if the court determines that the petitioner is either a domestic violence victim
or has reasonable cause to believe he or she is in imminent danger violence or stalking, it may issue a
permanent protective injunction.
17
However, if, after hearing evidence and testimony from the parties,
the court finds no merit in the petitioner’s case, the court may deny the injunction and dismiss the case.
The terms of a permanent protective injunction remain in effect until the defined period of the injunction
expires, or the injunction is modified or dissolved, and either party may move at any time for
modification or dissolution.
18
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.
19
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)
20
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.”
21
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;
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
S. 741.30(5)(c), F.S.
17
S. 741.30(6), F.S.
18
S. 741.30(6)(c), F.S.
19
Art. I, s. 24(c), Fla. Const.
20
S. 119.15, F.S.
21
S. 119.15(6)(b), F.S.
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Protecting sensitive personal information that, if released, would be defamatory or would
jeopardize an individual’s safety; or
Protecting trade or business secrets.
22
The OGSRA does not apply to an exemption that applies solely to the Legislature or the State Court
System.
23
Further, the OGSRA does not apply to an amendment to public records law that narrows the
scope of an existing exemption.
24
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."
25
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.
26
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;
27
Various law enforcement confidential records;
28
Social security numbers;
29
Bank account numbers;
30
and
A petition for an injunction for protection against domestic violence, repeat violence, dating
violence, sexual violence, stalking or 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.
31
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.
32
There are different levels of permissible access
depending on “the user’s role and applicable statutes, court rules, and applicable administrative policy.
22
Id.
23
S. 119.15(2)(b), F.S.
24
S. 119.15(4)(b), F.S.
25
Barron v. Florida Freedom Newspapers, Inc., 531 So. 2d 113, 116 (Fla. 1988).
26
Id. at 118.
27
S. 119.0714(1)(a), F.S.
28
S. 119.0714, F.S.
29
S. 119.0714(1)(i), F.S.
30
S. 119.0714(1)(j), F.S.
31
S. 119.0714(1)(k), F.S.
32
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).
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Access may be restricted to certain user roles based on case type, document type, or information
contained within court records.”
33
Current law authorizes access for the general public for all court records except those that are
expunged or sealed, automatically confidential under Rule 2.420(d)(1), Fla. R. Jud. Admin.,
34
or made
confidential by court order. However, the general public may not remotely access images of records in
cases governed 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.
35
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.
Serena’s Law does not require a clerk or recorder to make available access to court records that would
otherwise be prohibited by the Supreme Court’s security matrix. Rather, the goal of the law is to require
certain limited information to be made available to the public. Currently, clerk of court websites lack
uniformity regarding the level of case detail that 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 the Bill
CS/HB 1443 amends s. 28.2221, F.S., to clarify that each county recorder or clerk of court 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 county recorder
or clerk’s official website. The required information must be made available for search by the general
public.
The bill further clarifies that the county recorder or clerk may satisfy the requirement established under
the bill by including a link to the official records index. However, such link must be clearly identified as
the location where information available pursuant to Serena’s Law may be located.
The bill requires that, no later than 30 days after the bill’s effective date, the county recorder or 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. Further, the notice
must include step by step instructions informing the user how to access the searchable database to
search for and locate such information.
Subject to the Governor’s veto powers, the effective date of this bill is July 1, 2024.
33
Id.
34
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.
35
Supra note 33 at 6.
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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.
2. Expenditures:
See fiscal coments.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
The bill may have an insignificant, yet indeterminate fiscal impact on county recorders or clerks of the
court expenditures related to creating the searchable database as prescribed under the bill. The fiscal
impact may vary depending on whther a new database is created or the clerk or recorder opts to use a
link to the existing official records.