Senate Bill sb0024Eer

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    2002 Legislature                        SB 24-E, 2nd Engrossed



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  2         An act relating to court records and official

  3         records maintained by the clerk of the court or

  4         the county recorder; providing a process for

  5         removal from official records certain specified

  6         armed forces military separation forms;

  7         providing requirements with respect thereto;

  8         requiring the county recorder to provide

  9         written notice; providing for the redaction of

10         a social security number, and of a complete

11         bank account, debit, charge, or credit card

12         number that is part of a court record or

13         official record; prohibiting a person preparing

14         or filing an official record from including a

15         person's social security number or a complete

16         bank account, debit, charge, or credit card

17         number in that document unless otherwise

18         expressly required by law; providing for the

19         redaction of such information; providing for

20         the nonapplicability of subsections (3) and (4)

21         of s. 119.072, created by CS/HB 1673, passed in

22         the 2002 regular session, to clerks of the

23         court and to county recorders with regard to

24         court records and official records; repealing

25         subsection (5) of s. 119.072; providing an

26         effective date.

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28  Be It Enacted by the Legislature of the State of Florida:

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30         Section 1.  Any veteran of the United States Armed

31  Forces or his or her widow or widower, attorney, personal


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    2002 Legislature                        SB 24-E, 2nd Engrossed



  1  representative, executor, or court appointed guardian has the

  2  right to request that a county recorder remove from the

  3  official records any of the following forms recorded before,

  4  on, or after the effective date of this act, by or on behalf

  5  of the requesting veteran: DD-214; DD-215; WD AGO 53; WD AGO

  6  55; WD AGO 53-55; NAVMC 78-PD; and NAVPERS 553. The request

  7  must specify the identification page number of the form to be

  8  removed. The request shall be made in person and with

  9  appropriate identification to allow determination of the

10  identity of the requested. The county recorder has no duty to

11  inquire beyond the request to verify the identity of the

12  person requesting the removal. No fee shall be charged for the

13  removal. When the request for removal is made, the county

14  recorder shall provide a written notice to the requesting

15  party that the removal of the document from the official

16  records is permanent and no further record of the document

17  will exist in the official records of the county.

18         Section 2.  Paragraph (ff) of subsection (3) of section

19  119.07, Florida Statutes, is created to read:

20         119.07  Inspection, examination, and duplication of

21  records; exemptions.--

22         (3)

23         (ff)1.  Until January 1, 2006, if a social security

24  number, made confidential and exempt pursuant to s. 119.072,

25  created pursuant to CS/HB 1673 passed during the 2002 regular

26  legislative session, or a complete bank account, debit,

27  charge, or credit card number made exempt pursuant to s.

28  119.07(ee), created pursuant to HB 1675 passed during the 2002

29  regular legislative session, is or has been included in a

30  court file, such number may be included as part of the court

31  record available for public inspection and copying unless


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    2002 Legislature                        SB 24-E, 2nd Engrossed



  1  redaction is requested by the holder of such number, or by the

  2  holder's attorney or legal guardian, in a signed, legibly

  3  written request specifying the case name, case number,

  4  document heading, and page number. The request must be

  5  delivered by mail, facsimile, electronic transmission, or in

  6  person to the clerk of the court. The clerk of the court does

  7  not have a duty to inquire beyond the written request to

  8  verify the identity of a person requesting redaction.  A fee

  9  may not be charged for the redaction of a social security

10  number or a bank account, debit, charge, or credit card number

11  pursuant to such request.

12         2.  Any person who prepares or files a document to be

13  recorded in the official records by the county recorder as

14  provided in chapter 28, Florida Statutes, may not include a

15  person's social security number or complete bank account,

16  debit, charge, or credit card number in that document unless

17  otherwise expressly required by law. Until January 1, 2006, if

18  a social security number or a complete bank account, debit,

19  charge or credit card number is or has been included in a

20  document presented to the county recorder for recording in the

21  official records of the county, such number may be made

22  available as part of the official record available for public

23  inspection and copying. Any person, or his or her attorney or

24  legal guardian, may request that a county recorder remove from

25  an image or copy of an official record placed on a county

26  recorder's publicly available Internet website, or a publicly

27  available Internet website used by a county recorder to

28  display public records outside the office or otherwise made

29  electronically available outside the county recorder's office

30  to the general public, his or her social security number or

31  complete account, debit, charge, or credit card number


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    ENROLLED

    2002 Legislature                        SB 24-E, 2nd Engrossed



  1  contained in that official record. Such request must be

  2  legibly written, signed by the requestor, and delivered by

  3  mail, facsimile, electronic transmission, or in person to the

  4  county recorder. The request must specify the identification

  5  page number of the document that contains the number to be

  6  redacted. The county recorder does not have a duty to inquire

  7  beyond the written request to verify the identity of a person

  8  requesting redaction. A fee may not be charged for redacting

  9  such numbers.

10         3.  Upon the effective date of this act, subsections

11  (3) and (4) of s. 119.072, do not apply to the clerks of the

12  court or the county recorder with respect to court records and

13  official records.

14         4.  On January 1, 2006, and thereafter, the clerk of

15  the court and the county recorder must keep complete bank

16  account, debit, charge, and credit card numbers exempt as

17  provided for in s. 119.07(3)(ee), and must keep social

18  security numbers confidential and exempt as provided for in s.

19  119.072, without any person having to request redaction.

20         Section 3.  Subsection (5) of s. 119.072, created by

21  CS/HB 1673, passed in the 2002 regular session, is hereby

22  repealed.

23         Section 4.  This act shall take effect upon becoming a

24  law.

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