Bill Amendment: FL S1436 | 2016 | Regular Session
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: Public Records
Status: 2016-03-11 - Died in Governmental Oversight and Accountability [S1436 Detail]
Download: Florida-2016-S1436-Senate_Committee_Amendment_283512.html
Bill Title: Public Records
Status: 2016-03-11 - Died in Governmental Oversight and Accountability [S1436 Detail]
Download: Florida-2016-S1436-Senate_Committee_Amendment_283512.html
Florida Senate - 2016 COMMITTEE AMENDMENT Bill No. SB 1436 Ì283512|Î283512 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Judiciary (Soto) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 30 - 90 4 and insert: 5 to matters or cases governed by the FloridaRules ofFamily Law 6 Rules of Procedure, the Florida Rules of Juvenile Procedure, or 7 the Florida Probate Rules. 8 (b) Any records specified in this subsection made available 9 by the county recorder or clerk of the court on a publicly 10 availableInternetwebsite for general public display before 11prior toJune 5, 2002, must be removed if the affected party 12 identifies the record and requests that it be removed. Such 13 request must be in writing and delivered by mail, facsimile, or 14 electronic transmission,or in person to the county recorder or 15 clerk of the court. The request must specify the identification 16 page number of the document to be removed. ANofee may not be 17 charged for the removal of a document pursuant to such request. 18 (c) No later than 30 days after June 5, 2002, notice of the 19 right of any affected party to request removal of records 20 pursuant to this subsection shall be conspicuously and clearly 21 displayed by the county recorder or clerk of the court on the 22 publicly availableInternetwebsite on which images or copies of 23 the county’s public records are placed and in the office of each 24 county recorder or clerk of the court. In addition, no later 25 than 30 days after June 5, 2002, the county recorder or the 26 clerk of the court must have published, on two separate dates, a 27 notice of such right in a newspaper of general circulation in 28 the county where the county recorder’s office is located as 29 provided for in chapter 50. Such notice must contain appropriate 30 instructions for making the removal request in person, by mail, 31 by facsimile, or by electronic transmission. The notice shall 32 state, in substantially similar form, that any person has a 33 right to request that a county recorder or clerk of the court 34 remove an image or copy of a public record, including an 35 official record, from a publicly availableInternetwebsite if 36 that image or copy is of a military discharge; a death 37 certificate; or a court file, record, or paper relating to 38 matters or cases governed by the FloridaRules ofFamily Law 39 Rules of Procedure, the Florida Rules of Juvenile Procedure, or 40 the Florida Probate Rules. Such request must be made in writing 41 and delivered by mail, facsimile, or electronic transmission,or 42 in person to the county recorder or clerk of the court. The 43 request must identify the document identification page number of 44 the document to be removed. ANofee may notwillbe charged for 45 the removal of a document pursuant to such request. 46 (d) Any affected person may petition the circuit court for 47 an order directing compliance with this subsection. 48 (e) By January 1, 2006, each county recorder or clerk of 49 the court shall provide for electronic retrieval, at a minimum, 50 of images of documents referenced as the index required to be 51 maintained on the county’s official records website by this 52 section. 53 (f)1. A public record that relates to a matter or case 54 governed by the Florida Family Law Rules of Procedure which may 55 not be placed on a publicly available website or which must be 56 removed from such a website pursuant to this subsection is 57 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I 58 of the State Constitution. 59 2. This paragraph is subject to the Open Government Sunset 60 Review Act in accordance with s. 119.15 and shall stand repealed 61 on October 2, 2021, unless reviewed and saved from repeal 62 through reenactment by the Legislature. 63 Section 2. The Legislature finds that it is a public 64 necessity that a public record that relates to a matter or case 65 governed by the Florida Family Law Rules of Procedure which may 66 not be 67 68 69 ================= T I T L E A M E N D M E N T ================ 70 And the title is amended as follows: 71 Delete line 6 72 and insert: 73 by the Florida Family Law Rules of Procedure; 74 providing for