FL
Florida House Bill H1443

Florida 2024 Regular Session

Florida House Bill H1443 Compare Versions

OldNewDifferences
11
22
3-CS/HB 1443 2024
3+HB 1443 2024
44
55
66
77 CODING: Words stricken are deletions; words underlined are additions.
8-hb1443-01-c1
9-Page 1 of 4
8+hb1443-00
9+Page 1 of 3
1010 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
1111
1212
1313
1414 A bill to be entitled 1
1515 An act relating to electronic access to official 2
1616 records; amending s. 28.2221, F.S.; requiring the 3
17-county recorder or clerk of the court to make certain 4
18-information publicly available through a searchable 5
19-database on the county recorder's or clerk of the 6
20-court's official website; authorizing such requirement 7
21-to be satisfied by providing a link to the official 8
22-records index; providing requirements for such link; 9
23-providing requirements for certain notices; providing 10
24-an effective date. 11
25- 12
26-Be It Enacted by the Legislature of the State of Florida: 13
27- 14
28- Section 1. Subsection (8) of section 28.2221, Florida 15
29-Statutes, is amended to read: 16
30- 28.2221 Electronic acce ss to official records. — 17
31- (8)(a) Each county recorder or clerk of the court must 18
32-make the identity of each respondent against whom a final 19
33-judgment for an injunction for the protection of a minor under 20
34-s. 741.30, s. 784.046, or s. 784.0485 is entered, as well as the 21
35-fact that a final judgment for an injunction for the protection 22
36-of a minor under s. 741.30, s. 784.046, or s. 784.0485 has been 23
37-entered against that respondent, publicly available on the 24
38-county recorder's or clerk of the court's official websit e an 25
17+county clerk of the court to make certain information 4
18+available in a searchable database on the clerk's 5
19+official website; providing an effective date. 6
20+ 7
21+Be It Enacted by the Legislature of the State of Florida: 8
22+ 9
23+ Section 1. Subsection (8) of section 28.2221, Florida 10
24+Statutes, is amended to read: 11
25+ 28.2221 Electronic access to official records. — 12
26+ (8)(a) Each county recorder or clerk of the court must 13
27+make the identity of each respondent against whom a final 14
28+judgment for an injunction for the protection of a minor under 15
29+s. 741.30, s. 784.046, or s. 784.04 85 is entered, as well as the 16
30+fact that a final judgment for an injunction for the protection 17
31+of a minor under s. 741.30, s. 784.046, or s. 784.0485 has been 18
32+entered against that respondent, publicly available on the 19
33+clerk's official website, an Internet website for general public 20
34+display, which may include the Internet website required by this 21
35+section, unless the respondent is a minor. The identity and 22
36+information required under this subsection must be viewable 23
37+through a searchable database that is availab le in a clear and 24
38+conspicuous location on the homepage of the clerk's official 25
3939
40-CS/HB 1443 2024
40+HB 1443 2024
4141
4242
4343
4444 CODING: Words stricken are deletions; words underlined are additions.
45-hb1443-01-c1
46-Page 2 of 4
45+hb1443-00
46+Page 2 of 3
4747 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
4848
4949
5050
51-Internet website for general public display, which may include 26
52-the Internet website required by this section , unless the 27
53-respondent is a minor. The identity and information required 28
54-under this subsection must be viewable through a searchable 29
55-database that is available in a clear and conspicuous location 30
56-on the homepage of the county recorder's or clerk of the court's 31
57-official website and must be available for search by the general 32
58-public. 33
59- (b) The requirement in paragraph (a) may be satisfied by 34
60-providing a stand-alone link to the official records index. The 35
61-link must be located in a clear and conspicuous location on the 36
62-homepage of the county recorder's or clerk of the court's 37
63-official website and must be available for search by the general 38
64-public. The link must be titled in a manner that clearly informs 39
65-the user that by clicking the link, the user will be redirected 40
66-to a searchable database on which information available pursuant 41
67-to this subsection relating to the identity of a respondent 42
68-against whom a final judgment for injunction for the protection 43
69-of a minor can be found. 44
70- (c)(b) Any information specified in this subsection not 45
71-made available by the county recorder or clerk of the court as 46
72-provided in this subsection on a publicly available Intern et 47
73-website for general public display before July 1, 2024 2021, 48
74-must be made publicly available on the county recorder's or 49
75-clerk of the court's official an Internet website if the 50
51+website and must be available for search by the general public. 26
52+ (b) Any information specified in this subsection not made 27
53+available by the county recorder or clerk of the court as 28
54+provided in this subsection on a publicly available Internet 29
55+website for general public display before July 1, 2024 2021, 30
56+must be made publicly available on the clerk of the court's 31
57+official an Internet website if the affected party identifies 32
58+the information and requests that such information be added to a 33
59+publicly available Internet website for general public display. 34
60+Such request must be in writing and delivered by mail, 35
61+facsimile, or electronic transmission or in person to the county 36
62+recorder or clerk of the court. The request must specify the 37
63+case number assigned to the final judgment for an injunction for 38
64+the protection of a minor under s. 741.30, s. 784.046, or s. 39
65+784.0485. A fee may not be charged for the addition of 40
66+information pursuant to such request. 41
67+ (c) No later than 30 days after July 1, 2024 2021, notice 42
68+of the right of any affected party to request the addition of 43
69+information to the searchable database on the clerk of court's 44
70+official a publicly available Internet website pursuant to th is 45
71+subsection must shall be conspicuously and clearly displayed by 46
72+the county recorder or clerk of the court on the clerk's 47
73+official publicly available Internet website on which images or 48
74+copies of the county's public records are placed and in the 49
75+office of each county recorder or clerk of the court. Such 50
7676
77-CS/HB 1443 2024
77+HB 1443 2024
7878
7979
8080
8181 CODING: Words stricken are deletions; words underlined are additions.
82-hb1443-01-c1
83-Page 3 of 4
82+hb1443-00
83+Page 3 of 3
8484 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
8585
8686
8787
88-affected party identifies the information and requests that such 51
89-information be added to a publicly available Internet website 52
90-for general public display. Such request must be in writing and 53
91-delivered by mail, facsimile, or electronic transmission or in 54
92-person to the county recorder or clerk of the court. The request 55
93-must specify the case number assigned to the final judgment for 56
94-an injunction for the protection of a minor under s. 741.30, s. 57
95-784.046, or s. 784.0485. A fee may not be charged for the 58
96-addition of information pursuant to such request. 59
97- (d)(c) No later than 30 days a fter July 1, 2024 2021, 60
98-notice of the right of any affected party to request the 61
99-addition of information to the searchable database on the county 62
100-recorder's or clerk of the court's official a publicly available 63
101-Internet website pursuant to this subsection must shall be 64
102-conspicuously and clearly displayed by the county recorder or 65
103-clerk of the court on the county recorder's or clerk of the 66
104-court's official publicly available Internet website on which 67
105-images or copies of the county's public records are placed and 68
106-in the office of each county recorder or clerk of the court. 69
107-Such notice must contain appropriate instructions for making the 70
108-addition of information request in person, by mail, by 71
109-facsimile, or by electronic transmission. The notice must state, 72
110-in substantially similar form, that any person has a right to 73
111-request that a county recorder or clerk of the court add 74
112-information to the searchable database on the county recorder's 75
113-
114-CS/HB 1443 2024
115-
116-
117-
118-CODING: Words stricken are deletions; words underlined are additions.
119-hb1443-01-c1
120-Page 4 of 4
121-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
122-
123-
124-
125-or clerk of the court's official a publicly available Internet 76
126-website if that information involves the identity of a 77
127-respondent against whom a final judgment for an injunction for 78
128-the protection of a minor under s. 741.30, s. 784.046, or s. 79
129-784.0485 is entered, unless the respondent is a minor. The 80
130-notice must also state that the i nformation related to the 81
131-identity of each respondent against whom a final judgment for an 82
132-injunction for the protection of a minor under s. 741.30, s. 83
133-784.046, or s. 784.0485 is entered is available for search by 84
134-the general public. The notice must includ e step-by-step 85
135-instructions detailing how a user can access the searchable 86
136-database and search for such information. Such request must be 87
137-made in writing and delivered by mail, facsimile, or electronic 88
138-transmission or in person to the county recorder or clerk of the 89
139-court. The request must specify the case number assigned to the 90
140-final judgment for an injunction for the protection of a minor 91
141-under s. 741.30, s. 784.046, or s. 784.0485. A fee may not be 92
142-charged for the addition of a document pursuant to such request. 93
143- (e)(d) Any affected person may petition the circuit court 94
144-for an order directing compliance with this subsection. 95
145- Section 2. This act shall take effect July 1, 2024. 96
88+notice must contain appropriate instructions for making the 51
89+addition of information request in person, by mail, by 52
90+facsimile, or by electronic transmission. The notice must state, 53
91+in substantially similar form, that any person has a right to 54
92+request that a county recorder or clerk of the court add 55
93+information to the searchable database on the clerk of court's 56
94+official a publicly available Internet website if that 57
95+information involves the identity of a respo ndent against whom a 58
96+final judgment for an injunction for the protection of a minor 59
97+under s. 741.30, s. 784.046, or s. 784.0485 is entered, unless 60
98+the respondent is a minor. Such request must be made in writing 61
99+and delivered by mail, facsimile, or electron ic transmission or 62
100+in person to the county recorder or clerk of the court. The 63
101+request must specify the case number assigned to the final 64
102+judgment for an injunction for the protection of a minor under 65
103+s. 741.30, s. 784.046, or s. 784.0485. A fee may not be charged 66
104+for the addition of a document pursuant to such request. 67
105+ (d) Any affected person may petition the circuit court for 68
106+an order directing compliance with this subsection. 69
107+ Section 2. This act shall take effect July 1, 2024. 70