CS/HB 1443 2024
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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 recorder or clerk of the court to make certain 4
information publicly available through a searchable 5
database on the county recorder's or clerk of the 6
court's official website; authorizing such requirement 7
to be satisfied by providing a link to the official 8
records index; providing requirements for such link; 9
providing requirements for certain notices; providing 10
an effective date. 11
12
Be It Enacted by the Legislature of the State of Florida: 13
14
Section 1. Subsection (8) of section 28.2221, Florida 15
Statutes, is amended to read: 16
28.2221 Electronic acce ss to official records. — 17
(8)(a) Each county recorder or clerk of the court must 18
make the identity of each respondent against whom a final 19
judgment for an injunction for the protection of a minor under 20
s. 741.30, s. 784.046, or s. 784.0485 is entered, as well as the 21
fact that a final judgment for an injunction for the protection 22
of a minor under s. 741.30, s. 784.046, or s. 784.0485 has been 23
entered against that respondent, publicly available on the 24
county recorder's or clerk of the court's official websit e an 25
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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
Internet website for general public display, which may include 26
the Internet website required by this section , unless the 27
respondent is a minor. The identity and information required 28
under this subsection must be viewable through a searchable 29
database that is available in a clear and conspicuous location 30
on the homepage of the county recorder's or clerk of the court's 31
official website and must be available for search by the general 32
public. 33
(b) The requirement in paragraph (a) may be satisfied by 34
providing a stand-alone link to the official records index. The 35
link must be located in a clear and conspicuous location on the 36
homepage of the county recorder's or clerk of the court's 37
official website and must be available for search by the general 38
public. The link must be titled in a manner that clearly informs 39
the user that by clicking the link, the user will be redirected 40
to a searchable database on which information available pursuant 41
to this subsection relating to the identity of a respondent 42
against whom a final judgment for injunction for the protection 43
of a minor can be found. 44
(c)(b) Any information specified in this subsection not 45
made available by the county recorder or clerk of the court as 46
provided in this subsection on a publicly available Intern et 47
website for general public display before July 1, 2024 2021, 48
must be made publicly available on the county recorder's or 49
clerk of the court's official an Internet website if the 50
CS/HB 1443 2024
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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
affected party identifies the information and requests that such 51
information be added to a publicly available Internet website 52
for general public display. Such request must be in writing and 53
delivered by mail, facsimile, or electronic transmission or in 54
person to the county recorder or clerk of the court. The request 55
must specify the case number assigned to the final judgment for 56
an injunction for the protection of a minor under s. 741.30, s. 57
784.046, or s. 784.0485. A fee may not be charged for the 58
addition of information pursuant to such request. 59
(d)(c) No later than 30 days a fter July 1, 2024 2021, 60
notice of the right of any affected party to request the 61
addition of information to the searchable database on the county 62
recorder's or clerk of the court's official a publicly available 63
Internet website pursuant to this subsection must shall be 64
conspicuously and clearly displayed by the county recorder or 65
clerk of the court on the county recorder's or clerk of the 66
court's official publicly available Internet website on which 67
images or copies of the county's public records are placed and 68
in the office of each county recorder or clerk of the court. 69
Such notice must contain appropriate instructions for making the 70
addition of information request in person, by mail, by 71
facsimile, or by electronic transmission. The notice must state, 72
in substantially similar form, that any person has a right to 73
request that a county recorder or clerk of the court add 74
information to the searchable database on the county recorder's 75
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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
or clerk of the court's official a publicly available Internet 76
website if that information involves the identity of a 77
respondent against whom a final judgment for an injunction for 78
the protection of a minor under s. 741.30, s. 784.046, or s. 79
784.0485 is entered, unless the respondent is a minor. The 80
notice must also state that the i nformation related to the 81
identity of each respondent against whom a final judgment for an 82
injunction for the protection of a minor under s. 741.30, s. 83
784.046, or s. 784.0485 is entered is available for search by 84
the general public. The notice must includ e step-by-step 85
instructions detailing how a user can access the searchable 86
database and search for such information. Such request must be 87
made in writing and delivered by mail, facsimile, or electronic 88
transmission or in person to the county recorder or clerk of the 89
court. The request must specify the case number assigned to the 90
final judgment for an injunction for the protection of a minor 91
under s. 741.30, s. 784.046, or s. 784.0485. A fee may not be 92
charged for the addition of a document pursuant to such request. 93
(e)(d) Any affected person may petition the circuit court 94
for an order directing compliance with this subsection. 95
Section 2. This act shall take effect July 1, 2024. 96