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   38  repealed on October 2, 2014, unless reviewed and saved from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.