Bill Text: FL S1508 | 2021 | Regular Session | Comm Sub

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Bill Title: Public Records

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2021-04-28 - Laid on Table, companion bill(s) passed, see CS/CS/HB 1229 (Ch. 2021-231) [S1508 Detail]

Download: Florida-2021-S1508-Comm_Sub.html

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       Florida Senate - 2021                             CS for SB 1508
       
       
        
       By the Committee on Criminal Justice; and Senator Book
       
       
       
       
       
       591-03249-21                                          20211508c1
    1                        A bill to be entitled                      
    2         An act relating to public records; providing a short
    3         title; amending s. 28.2221, F.S.; requiring each
    4         county recorder or clerk of the court to make publicly
    5         available on an Internet website the identity of a
    6         defendant or respondent against whom a protective
    7         injunction is entered, as well as the fact that the
    8         injunction has been entered; providing an exception;
    9         providing for certain persons to request that such
   10         information be made available on the public website;
   11         requiring county recorders or clerks of the court to
   12         post such notices on the website and in the office of
   13         each county recorder or clerk of the court; specifying
   14         what must be included in notices; authorizing certain
   15         persons to petition for compliance in the circuit
   16         court; amending s. 28.29, F.S.; requiring that final
   17         judgments for injunctions for protection be recorded
   18         in official records; providing an effective date.
   19          
   20  Be It Enacted by the Legislature of the State of Florida:
   21  
   22         Section 1. This law shall be called “Serena’s Law.”
   23         Section 2. Subsection (6) is added to section 28.2221,
   24  Florida Statutes, to read:
   25         28.2221 Electronic access to official records.—
   26         (6)(a) Each county recorder or clerk of the court must make
   27  the identity of each defendant or respondent against whom a
   28  protective injunction under s. 741.30, s. 784.046, or s.
   29  784.0485 is entered, as well as the fact that a protective
   30  injunction under s. 741.30, s. 784.046, or s. 784.0485 has been
   31  entered against that defendant or respondent, publicly available
   32  on an Internet website for general public display, unless the
   33  defendant or respondent is a minor.
   34         (b) Any information specified in this subsection not made
   35  available by the county recorder or clerk of the court on a
   36  publicly available Internet website for general public display
   37  before July 1, 2021, must be made publicly available if the
   38  affected party identifies the information and requests that it
   39  be made publicly available. Such request must be in writing and
   40  delivered by mail, facsimile, or electronic transmission or in
   41  person to the county recorder or clerk of the court. The request
   42  must specify the case number assigned to the protective
   43  injunction. A fee may not be charged for the addition of
   44  information pursuant to such request.
   45         (c) No later than 30 days after July 1, 2021, notice of the
   46  right of any affected party to request the addition of
   47  information pursuant to this subsection shall be conspicuously
   48  and clearly displayed by the county recorder or clerk of the
   49  court on the publicly available Internet website on which images
   50  or copies of the county’s public records are placed and in the
   51  office of each county recorder or clerk of the court. Such
   52  notice must contain appropriate instructions for making the
   53  addition request in person, by mail, by facsimile, or by
   54  electronic transmission. The notice must state, in substantially
   55  similar form, that any person has a right to request that a
   56  county recorder or clerk of the court add information to a
   57  publicly available Internet website if that information involves
   58  the identity of a defendant or respondent against whom a
   59  protective injunction is entered, unless the defendant or
   60  respondent is a minor. Such request must be made in writing and
   61  delivered by mail, facsimile, or electronic transmission or in
   62  person to the county recorder or clerk of the court. The request
   63  must specify the case number assigned to the protective
   64  injunction. A fee may not be charged for the addition of a
   65  document pursuant to such request.
   66         (d) Any affected person may petition the circuit court for
   67  an order directing compliance with this subsection.
   68         Section 3. Section 28.29, Florida Statutes, is amended to
   69  read:
   70         28.29 Recording of orders and judgments.—Orders of
   71  dismissal and final judgments of the courts in civil actions,
   72  including final judgments for injunctions for protection as
   73  defined in chapters 741 and 784, must shall be recorded in
   74  official records. Other orders must shall be recorded only on
   75  written direction of the court. The direction may be by
   76  incorporation in the order of the words “To be recorded in
   77  official records” or words to that effect. Failure to record an
   78  order or judgment does shall not affect its validity. The
   79  certified copy of a judgment, required under s. 55.10 to become
   80  a lien on real property, shall be recorded only when presented
   81  for recording with the statutory service charge.
   82         Section 4. This act shall take effect July 1, 2021.