Internet Access Law and the Martin County Clerk's Office

Florida law mandates the Clerk's Office to provide access to the records we have on file. Due to changing technology the records are more accessible than ever and this office has received inquiries as to why the Clerk's office is providing access to these records via the Internet. The following information will explain what the legislature has directed the Clerk's office to do:

1. The Florida Constitution says in part (Art. I, Sec 24):

   "Every person has the right to inspect or copy any public record made or received in connection with the official business of any…officer…except with respect to records exempted pursuant to this section….."



2. Section 119.07 of Florida Statutes says in part:
   

   "Every person who has custody of a public record shall permit the record to be inspected by any person desiring to do so…"

3. Sec. 119.01 of Florida Statutes says in part:
   

   "The Legislature finds that, given advancements in technology, providing access to public records by remote electronic means is an additional method of access that agencies should strive to provide to the extent feasible. "

4. Sec. 28.2221 of Florida Statutes says in part:
   

   "The Legislature finds that a proper and legitimate state purpose is served by providing the public with access to public records and information on the Internet and hereby determines that the provisions of this section fulfill and further an important state purpose."

   "No later than January 1, 2002, the county recorder (Clerk of the Court) shall provide a current index of documents recorded in the official records of the county for the period beginning no later than January 1, 1990, on a publicly available Internet website which shall also contain a document requisition point for obtaining images or copies of the documents reflected in the index…"

   "By January 1, 2006, each county recorder (Clerk of the Court) shall provide for electronic retrieval, at a minimum, of images of documents referenced as the index required to be maintained on the county's official records website by this section."

NOTICE: The following documents recorded after June 4, 2002, will not be available via the Internet website pursuant to action by the 2002 Legislature.

Military discharge

Death Certificates

Court records relating to Family Law

Court records relating to Juvenile Procedure

Court records relating to Probate

The above listed documents recorded prior to June 5, 2002, will continue to be available unless the affected party identifies the record and requests that it be removed pursuant to law.

In addition, the 2002 Legislature has provided for redaction of social security numbers upon request.

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The only records available on the web are the records available to the public during the hours the Clerk's office is open. The web has simply opened the files to the public twenty four hours a day, seven days a week, as the law anticipates.