Florida Senate - 2009 SB 1044 By Senator Smith 29-01388-09 20091044__ 1 A bill to be entitled 2 An act relating to public records; providing an 3 exemption from public-records requirements for 4 specified identifying information contained in the 5 statewide Internet registry maintained under the 6 Vacant or Abandoned Real Property Registration, 7 Maintenance, and Foreclosure Reporting Act; providing 8 exceptions; providing for future review and repeal of 9 the exemption; providing a statement of public 10 necessity; providing a contingent effective date. 11 12 Be It Enacted by the Legislature of the State of Florida: 13 14 Section 1. Statewide Internet registry maintained under the 15 Vacant or Abandoned Real Property Registration, Maintenance, and 16 Foreclosure Reporting Act; public-records exemption.— 17 (1) The following information filed in the statewide 18 Internet registry maintained under the Vacant or Abandoned Real 19 Property Registration, Maintenance, and Foreclosure Reporting 20 Act is confidential and exempt from s. 119.07(1) and s. 24(a), 21 Art. I of the State Constitution: 22 (a) The name of the owner of the property that is the 23 subject of the filing. 24 (b) The address of the property that is the subject of the 25 filing. 26 (c) The mortgage loan number of the property that is the 27 subject of the filing. 28 (2)(a) The information made confidential and exempt under 29 subsection (1) may be made available to a state agency, the 30 lender, or the local government in which the property is 31 located. 32 (b) The Department of Financial Services may use the 33 filings in the registry to provide statistical information 34 concerning vacant or abandoned property and property 35 foreclosures. 36 (3) This section is subject to the Open Government Sunset 37 Review Act in accordance with s. 119.15, and shall stand 38 repealed on October 2, 2014, unless reviewed and saved from 39 repeal through reenactment by the Legislature. 40 Section 2. Because mortgage foreclosures and the many 41 problems that arise as a result of foreclosures have become a 42 problem both nationally and particularly in the State of 43 Florida, a statewide Internet registry was created under the 44 Vacant or Abandoned Real Property Registration, Maintenance, and 45 Foreclosure Reporting Act for the purpose of helping the state, 46 local governments, and mortgage lenders address the problems 47 inherent in the increase of vacant and abandoned properties 48 throughout the state. By establishing the registry as a single 49 source that will facilitate the compilation, reporting, and 50 exchange of information relevant to foreclosures, the relevant 51 parties in property foreclosures will be better able to 52 communicate with each other concerning the problems related to 53 such vacant and abandoned properties. This capability will help 54 reduce the negative impact that increasing numbers of foreclosed 55 properties have on neighborhoods and communities throughout the 56 state. Issues concerning the maintenance of such properties are 57 better addressed at earlier stages, before the properties begin 58 to have a detrimental effect on neighborhoods and communities, 59 and the statewide registry will enable all relevant parties to a 60 foreclosure to act in a timely manner and thus avoid or minimize 61 such effects. Under Florida law, the statewide registry would be 62 subject to the state's public-records law and anyone could 63 obtain the information contained in the registry. This level of 64 access has the potential to provide criminals with specific 65 information about vacant or abandoned properties, thus making 66 the properties more susceptible to robbery, burglary, vandalism, 67 or other misuse. By making such information publicly available, 68 any resultant robbery, burglary, vandalism, or other misuse of 69 such unprotected properties would be completely contrary to some 70 of the primary purposes of establishing the registry, namely, to 71 protect properties from neglect and misuse and to increase the 72 general safety and quality of life of neighborhoods and 73 communities throughout the state. Under the provisions governing 74 the registry, the name of the owner of a subject property and 75 the address and mortgage loan number of such property would 76 still be available to state agencies, the mortgage lender, and 77 the local government in which the subject property is located. 78 It is therefore the finding of the Legislature that it is in the 79 best interests of the state that the name of the owner of a 80 property that is the subject of a filing in the statewide 81 Internet registry created under the Vacant or Abandoned Real 82 Property Registration, Maintenance, and Foreclosure Reporting 83 Act and the address and the loan number of the property that is 84 the subject of the filing be held exempt from public-records 85 requirements. 86 Section 3. This act shall take effect July 1, 2009, if SB 87 ___ or similar legislation is adopted in the same legislative 88 session or an extension thereof and becomes law.