Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. CS for CS for SB 844
       
       
       
       
       
       
                                Ì619874SÎ619874                         
       
                              LEGISLATIVE ACTION                        
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       The Committee on Rules (Hooper) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (7) of section 28.222, Florida
    6  Statutes, is amended to read:
    7         28.222 Clerk to be county recorder.—
    8         (7) All instruments recorded in the Official Records are
    9  shall always be open to the public, under the supervision of the
   10  clerk, for the purpose of inspection thereof and of making
   11  copies extracts therefrom; but the clerk is shall not be
   12  required to perform any service in connection with such
   13  inspection or making of copies extracts without payment of
   14  service charges as provided in s. 28.24.
   15         Section 2. Subsection (2) and paragraphs (a) and (c) of
   16  subsection (5) of section 28.2221, Florida Statutes, are
   17  amended, and subsections (6) and (7) are added to that section,
   18  to read:
   19         28.2221 Electronic access to official records.—
   20         (2)(a)No later than January 1, 2002, The county recorder
   21  in each county must shall provide a current index of documents
   22  recorded in the official records of the county for the period
   23  beginning no later than January 1, 1990, on a publicly available
   24  Internet website which must shall also contain a document
   25  requisition point for obtaining images or copies of the
   26  documents reflected in the index and which has the capability of
   27  electronically providing the index data to a central statewide
   28  search site. The index must shall be limited to grantor and
   29  grantee names, party names, date, book and page number,
   30  comments, and type of record.
   31         (b)Unless otherwise required by the court, a county
   32  recorder may not remove the grantor name, grantee name, or party
   33  name from the register of the Official Records, as described in
   34  s. 28.222(2), and the index on the publicly available Internet
   35  website on the basis of an exemption as defined in s. 119.011
   36  unless the name of the grantor or grantee includes the street
   37  address portion of the home address as defined in s.
   38  119.071(4)(d), in which case the county recorder must remove the
   39  street address portion from display. Home addresses, as defined
   40  in s. 119.071(4)(d), which are exempt from inspection or copying
   41  under s. 119.071 must be included within the Official Records as
   42  described in s. 28.222(2) but may not be included within the
   43  index or otherwise displayed on the county recorder’s publicly
   44  available Internet website on which images or copies of the
   45  county’s official records are placed.
   46         (5)(a) A No county recorder or clerk of the court may not
   47  place on a publicly available Internet website for general
   48  public display information made exempt from inspection or
   49  copying under s. 119.071 or any an image or copy of a public
   50  record, including an official record, on a publicly available
   51  Internet website for general public display if that image or
   52  copy is of a military discharge; death certificate; or a court
   53  file, record, or paper relating to matters or cases governed by
   54  the Florida Rules of Family Law, the Florida Rules of Juvenile
   55  Procedure, or the Florida Probate Rules.
   56         (c) No later than 30 days after June 5, 2002, Notice of the
   57  right of any affected party to request removal of information or
   58  records pursuant to this subsection must shall be conspicuously
   59  and clearly displayed by the county recorder or clerk of the
   60  court on the publicly available Internet website on which images
   61  or copies of the county’s public records are placed and in the
   62  office of each county recorder or clerk of the court. In
   63  addition, no later than 30 days after June 5, 2002, the county
   64  recorder or the clerk of the court must have published, on two
   65  separate dates, a notice of such right in a newspaper of general
   66  circulation in the county where the county recorder’s office is
   67  located as provided for in chapter 50. Such notice must contain
   68  appropriate instructions for making the removal request in
   69  person, by mail, by facsimile, or by electronic transmission.
   70  The notice must shall state, in substantially similar form, that
   71  any person has a right to request that a county recorder or
   72  clerk of the court remove from a publicly available Internet
   73  website information made exempt from inspection or copying under
   74  s. 119.071 or an image or copy of a public record, including an
   75  official record, from a publicly available Internet website if
   76  that image or copy is of a military discharge; death
   77  certificate; or a court file, record, or paper relating to
   78  matters or cases governed by the Florida Rules of Family Law,
   79  the Florida Rules of Juvenile Procedure, or the Florida Probate
   80  Rules. The notice must state that information removed as exempt
   81  under s. 119.071 will not be removed from the Official Records
   82  as described in s. 28.222(2). Such request must be made in
   83  writing and delivered in person, by mail, facsimile, or by
   84  electronic transmission, or in person to the county recorder or
   85  clerk of the court. The request must identify the Official
   86  Records book and page number, instrument number, or clerk’s file
   87  number for any information or document identification page
   88  number of the document to be removed. For requests for removal
   89  from a person claiming a public records exemption pursuant to s.
   90  119.071, the request must be written and notarized; state under
   91  oath the statutory basis for removal of the information, image,
   92  or copy that is restricted from general public display on the
   93  county recorder’s publicly available Internet website; and
   94  confirm the individual’s eligibility for exempt status. A party
   95  making a false attestation is subject to the penalty of perjury
   96  under s. 837.012. A No fee may not will be charged for the
   97  removal of a document pursuant to such request.
   98         (6)(a)Any information restricted from general public
   99  display, inspection, or copying under paragraph (5)(a) pursuant
  100  to a request for removal made under s. 119.071 must be provided
  101  at any time to the individual whose information was removed. The
  102  written request for the restricted information must be by sworn
  103  affidavit consistent with s. 92.50 and must include the Official
  104  Records book and page number, instrument number, or the clerk’s
  105  file number for any information or document to be released and a
  106  description of the lawful purpose and must identify the
  107  individual or property that is the subject of the search. Any
  108  party making a false attestation is subject to the penalty of
  109  perjury under s. 837.012. A fee may not be charged for the
  110  production of any document pursuant to such request.
  111         (b)1.For the purpose of conducting a title search, as
  112  defined in s. 627.7711, of the Official Records, as described in
  113  s. 28.222(2), and upon presentation of photo identification and
  114  affirmation by sworn affidavit consistent with s. 92.50 to the
  115  county recorder, information restricted from public display,
  116  inspection, or copying under paragraph (5)(a) pursuant to a
  117  request for removal made under s. 119.071(4)(d) may be disclosed
  118  to:
  119         a.A title insurer authorized pursuant to s. 624.401 and
  120  its affiliates as defined in s. 624.10;
  121         b.A title insurance agent or title insurance agency as
  122  defined in s. 626.841(1) and (2), respectively; or
  123         c.An attorney duly admitted to practice law in this state
  124  and in good standing with The Florida Bar.
  125         2.The photo identification and affirmation by sworn
  126  affidavit may be delivered in person, by mail, or by electronic
  127  transmission to the county recorder.
  128         3.The affiant requestor must attest to his or her
  129  authority and the authorized purpose to access exempt
  130  information pursuant to this section for the property specified
  131  within the sworn affidavit.
  132         4.The affiant requestor must include the Official Records
  133  book and page number, instrument number, or the clerk’s file
  134  number for each document requested within the sworn affidavit
  135  and must include a description of the lawful purpose and
  136  identify the individual or property that is the subject of the
  137  search within the sworn affidavit.
  138         5.Affidavits submitted by a title insurer, title insurance
  139  agent, or title insurance agency must include the Florida
  140  Company Code or the license number, as applicable, and an
  141  attestation to the affiant requestor’s authorization to transact
  142  business in this state. Affidavits submitted by an attorney
  143  authorized under this section must include the affiant
  144  requestor’s Florida Bar number and a statement that the affiant
  145  requestor has an agency agreement with a title insurer directly
  146  or through his or her law firm.
  147         6.The county recorder must record such affidavit in the
  148  Official Records, as described in s. 28.222(2), but may not
  149  place the image or copy of the affidavit on a publicly available
  150  Internet website for general public display.
  151         7.Upon providing a document disclosing redacted
  152  information to an affiant requestor under this section, the
  153  county recorder must provide a copy of the affidavit requesting
  154  disclosure of the redacted information to each affected party at
  155  the address listed on the document or on the request for removal
  156  made by the affected party under s. 119.071. The county recorder
  157  must prepare a certificate of mailing to be affixed to the
  158  affidavit and must receive the statutory service charges as
  159  prescribed by s. 28.24 from the affiant requestor.
  160         8.Any party making a false attestation under this section
  161  is subject to the penalty of perjury under s. 837.012.
  162         (7)A person who uses any official record in a manner not
  163  authorized in this section commits a misdemeanor of the second
  164  degree, punishable as provided in s. 775.082 or s. 775.083. A
  165  person who unlawfully uses any official record with intent to
  166  cause bodily harm or with intent to threaten to cause bodily
  167  harm commits a felony of the third degree, punishable as
  168  provided in s. 775.082, s. 775.083, or s. 775.084.
  169         Section 3. Paragraph (d) of subsection (4) of section
  170  119.071, Florida Statutes, is amended to read:
  171         119.071 General exemptions from inspection or copying of
  172  public records.—
  173         (4) AGENCY PERSONNEL INFORMATION.—
  174         (d)1. For purposes of this paragraph, the term:
  175         a. “Home addresses” means the dwelling location at which an
  176  individual resides and includes the physical address, mailing
  177  address, street address, parcel identification number, plot
  178  identification number, legal property description, neighborhood
  179  name and lot number, GPS coordinates, and any other descriptive
  180  property information that may reveal the home address.
  181         b. “Telephone numbers” includes home telephone numbers,
  182  personal cellular telephone numbers, personal pager telephone
  183  numbers, and telephone numbers associated with personal
  184  communications devices.
  185         2.a. The home addresses, telephone numbers, dates of birth,
  186  and photographs of active or former sworn law enforcement
  187  personnel or of active or former civilian personnel employed by
  188  a law enforcement agency, including correctional and
  189  correctional probation officers, personnel of the Department of
  190  Children and Families whose duties include the investigation of
  191  abuse, neglect, exploitation, fraud, theft, or other criminal
  192  activities, personnel of the Department of Health whose duties
  193  are to support the investigation of child abuse or neglect, and
  194  personnel of the Department of Revenue or local governments
  195  whose responsibilities include revenue collection and
  196  enforcement or child support enforcement; the names, home
  197  addresses, telephone numbers, photographs, dates of birth, and
  198  places of employment of the spouses and children of such
  199  personnel; and the names and locations of schools and day care
  200  facilities attended by the children of such personnel are exempt
  201  from s. 119.07(1) and s. 24(a), Art. I of the State
  202  Constitution.
  203         b. The home addresses, telephone numbers, dates of birth,
  204  and photographs of current or former nonsworn investigative
  205  personnel of the Department of Financial Services whose duties
  206  include the investigation of fraud, theft, workers’ compensation
  207  coverage requirements and compliance, other related criminal
  208  activities, or state regulatory requirement violations; the
  209  names, home addresses, telephone numbers, dates of birth, and
  210  places of employment of the spouses and children of such
  211  personnel; and the names and locations of schools and day care
  212  facilities attended by the children of such personnel are exempt
  213  from s. 119.07(1) and s. 24(a), Art. I of the State
  214  Constitution.
  215         c. The home addresses, telephone numbers, dates of birth,
  216  and photographs of current or former nonsworn investigative
  217  personnel of the Office of Financial Regulation’s Bureau of
  218  Financial Investigations whose duties include the investigation
  219  of fraud, theft, other related criminal activities, or state
  220  regulatory requirement violations; the names, home addresses,
  221  telephone numbers, dates of birth, and places of employment of
  222  the spouses and children of such personnel; and the names and
  223  locations of schools and day care facilities attended by the
  224  children of such personnel are exempt from s. 119.07(1) and s.
  225  24(a), Art. I of the State Constitution.
  226         d. The home addresses, telephone numbers, dates of birth,
  227  and photographs of current or former firefighters certified in
  228  compliance with s. 633.408; the names, home addresses, telephone
  229  numbers, photographs, dates of birth, and places of employment
  230  of the spouses and children of such firefighters; and the names
  231  and locations of schools and day care facilities attended by the
  232  children of such firefighters are exempt from s. 119.07(1) and
  233  s. 24(a), Art. I of the State Constitution.
  234         e. The home addresses, dates of birth, and telephone
  235  numbers of current or former justices of the Supreme Court,
  236  district court of appeal judges, circuit court judges, and
  237  county court judges; the names, home addresses, telephone
  238  numbers, dates of birth, and places of employment of the spouses
  239  and children of current or former justices and judges; and the
  240  names and locations of schools and day care facilities attended
  241  by the children of current or former justices and judges are
  242  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  243  Constitution.
  244         f. The home addresses, telephone numbers, dates of birth,
  245  and photographs of current or former state attorneys, assistant
  246  state attorneys, statewide prosecutors, or assistant statewide
  247  prosecutors; the names, home addresses, telephone numbers,
  248  photographs, dates of birth, and places of employment of the
  249  spouses and children of current or former state attorneys,
  250  assistant state attorneys, statewide prosecutors, or assistant
  251  statewide prosecutors; and the names and locations of schools
  252  and day care facilities attended by the children of current or
  253  former state attorneys, assistant state attorneys, statewide
  254  prosecutors, or assistant statewide prosecutors are exempt from
  255  s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
  256         g. The home addresses, dates of birth, and telephone
  257  numbers of general magistrates, special magistrates, judges of
  258  compensation claims, administrative law judges of the Division
  259  of Administrative Hearings, and child support enforcement
  260  hearing officers; the names, home addresses, telephone numbers,
  261  dates of birth, and places of employment of the spouses and
  262  children of general magistrates, special magistrates, judges of
  263  compensation claims, administrative law judges of the Division
  264  of Administrative Hearings, and child support enforcement
  265  hearing officers; and the names and locations of schools and day
  266  care facilities attended by the children of general magistrates,
  267  special magistrates, judges of compensation claims,
  268  administrative law judges of the Division of Administrative
  269  Hearings, and child support enforcement hearing officers are
  270  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  271  Constitution.
  272         h. The home addresses, telephone numbers, dates of birth,
  273  and photographs of current or former human resource, labor
  274  relations, or employee relations directors, assistant directors,
  275  managers, or assistant managers of any local government agency
  276  or water management district whose duties include hiring and
  277  firing employees, labor contract negotiation, administration, or
  278  other personnel-related duties; the names, home addresses,
  279  telephone numbers, dates of birth, and places of employment of
  280  the spouses and children of such personnel; and the names and
  281  locations of schools and day care facilities attended by the
  282  children of such personnel are exempt from s. 119.07(1) and s.
  283  24(a), Art. I of the State Constitution.
  284         i. The home addresses, telephone numbers, dates of birth,
  285  and photographs of current or former code enforcement officers;
  286  the names, home addresses, telephone numbers, dates of birth,
  287  and places of employment of the spouses and children of such
  288  personnel; and the names and locations of schools and day care
  289  facilities attended by the children of such personnel are exempt
  290  from s. 119.07(1) and s. 24(a), Art. I of the State
  291  Constitution.
  292         j. The home addresses, telephone numbers, places of
  293  employment, dates of birth, and photographs of current or former
  294  guardians ad litem, as defined in s. 39.820; the names, home
  295  addresses, telephone numbers, dates of birth, and places of
  296  employment of the spouses and children of such persons; and the
  297  names and locations of schools and day care facilities attended
  298  by the children of such persons are exempt from s. 119.07(1) and
  299  s. 24(a), Art. I of the State Constitution.
  300         k. The home addresses, telephone numbers, dates of birth,
  301  and photographs of current or former juvenile probation
  302  officers, juvenile probation supervisors, detention
  303  superintendents, assistant detention superintendents, juvenile
  304  justice detention officers I and II, juvenile justice detention
  305  officer supervisors, juvenile justice residential officers,
  306  juvenile justice residential officer supervisors I and II,
  307  juvenile justice counselors, juvenile justice counselor
  308  supervisors, human services counselor administrators, senior
  309  human services counselor administrators, rehabilitation
  310  therapists, and social services counselors of the Department of
  311  Juvenile Justice; the names, home addresses, telephone numbers,
  312  dates of birth, and places of employment of spouses and children
  313  of such personnel; and the names and locations of schools and
  314  day care facilities attended by the children of such personnel
  315  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  316  Constitution.
  317         l. The home addresses, telephone numbers, dates of birth,
  318  and photographs of current or former public defenders, assistant
  319  public defenders, criminal conflict and civil regional counsel,
  320  and assistant criminal conflict and civil regional counsel; the
  321  names, home addresses, telephone numbers, dates of birth, and
  322  places of employment of the spouses and children of current or
  323  former public defenders, assistant public defenders, criminal
  324  conflict and civil regional counsel, and assistant criminal
  325  conflict and civil regional counsel; and the names and locations
  326  of schools and day care facilities attended by the children of
  327  current or former public defenders, assistant public defenders,
  328  criminal conflict and civil regional counsel, and assistant
  329  criminal conflict and civil regional counsel are exempt from s.
  330  119.07(1) and s. 24(a), Art. I of the State Constitution.
  331         m. The home addresses, telephone numbers, dates of birth,
  332  and photographs of current or former investigators or inspectors
  333  of the Department of Business and Professional Regulation; the
  334  names, home addresses, telephone numbers, dates of birth, and
  335  places of employment of the spouses and children of such current
  336  or former investigators and inspectors; and the names and
  337  locations of schools and day care facilities attended by the
  338  children of such current or former investigators and inspectors
  339  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  340  Constitution.
  341         n. The home addresses, telephone numbers, and dates of
  342  birth of county tax collectors; the names, home addresses,
  343  telephone numbers, dates of birth, and places of employment of
  344  the spouses and children of such tax collectors; and the names
  345  and locations of schools and day care facilities attended by the
  346  children of such tax collectors are exempt from s. 119.07(1) and
  347  s. 24(a), Art. I of the State Constitution.
  348         o. The home addresses, telephone numbers, dates of birth,
  349  and photographs of current or former personnel of the Department
  350  of Health whose duties include, or result in, the determination
  351  or adjudication of eligibility for social security disability
  352  benefits, the investigation or prosecution of complaints filed
  353  against health care practitioners, or the inspection of health
  354  care practitioners or health care facilities licensed by the
  355  Department of Health; the names, home addresses, telephone
  356  numbers, dates of birth, and places of employment of the spouses
  357  and children of such personnel; and the names and locations of
  358  schools and day care facilities attended by the children of such
  359  personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of
  360  the State Constitution.
  361         p. The home addresses, telephone numbers, dates of birth,
  362  and photographs of current or former impaired practitioner
  363  consultants who are retained by an agency or current or former
  364  employees of an impaired practitioner consultant whose duties
  365  result in a determination of a person’s skill and safety to
  366  practice a licensed profession; the names, home addresses,
  367  telephone numbers, dates of birth, and places of employment of
  368  the spouses and children of such consultants or their employees;
  369  and the names and locations of schools and day care facilities
  370  attended by the children of such consultants or employees are
  371  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  372  Constitution.
  373         q. The home addresses, telephone numbers, dates of birth,
  374  and photographs of current or former emergency medical
  375  technicians or paramedics certified under chapter 401; the
  376  names, home addresses, telephone numbers, dates of birth, and
  377  places of employment of the spouses and children of such
  378  emergency medical technicians or paramedics; and the names and
  379  locations of schools and day care facilities attended by the
  380  children of such emergency medical technicians or paramedics are
  381  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  382  Constitution.
  383         r. The home addresses, telephone numbers, dates of birth,
  384  and photographs of current or former personnel employed in an
  385  agency’s office of inspector general or internal audit
  386  department whose duties include auditing or investigating waste,
  387  fraud, abuse, theft, exploitation, or other activities that
  388  could lead to criminal prosecution or administrative discipline;
  389  the names, home addresses, telephone numbers, dates of birth,
  390  and places of employment of spouses and children of such
  391  personnel; and the names and locations of schools and day care
  392  facilities attended by the children of such personnel are exempt
  393  from s. 119.07(1) and s. 24(a), Art. I of the State
  394  Constitution.
  395         s. The home addresses, telephone numbers, dates of birth,
  396  and photographs of current or former directors, managers,
  397  supervisors, nurses, and clinical employees of an addiction
  398  treatment facility; the home addresses, telephone numbers,
  399  photographs, dates of birth, and places of employment of the
  400  spouses and children of such personnel; and the names and
  401  locations of schools and day care facilities attended by the
  402  children of such personnel are exempt from s. 119.07(1) and s.
  403  24(a), Art. I of the State Constitution. For purposes of this
  404  sub-subparagraph, the term “addiction treatment facility” means
  405  a county government, or agency thereof, that is licensed
  406  pursuant to s. 397.401 and provides substance abuse prevention,
  407  intervention, or clinical treatment, including any licensed
  408  service component described in s. 397.311(26).
  409         t. The home addresses, telephone numbers, dates of birth,
  410  and photographs of current or former directors, managers,
  411  supervisors, and clinical employees of a child advocacy center
  412  that meets the standards of s. 39.3035(1) and fulfills the
  413  screening requirement of s. 39.3035(2), and the members of a
  414  Child Protection Team as described in s. 39.303 whose duties
  415  include supporting the investigation of child abuse or sexual
  416  abuse, child abandonment, child neglect, and child exploitation
  417  or to provide services as part of a multidisciplinary case
  418  review team; the names, home addresses, telephone numbers,
  419  photographs, dates of birth, and places of employment of the
  420  spouses and children of such personnel and members; and the
  421  names and locations of schools and day care facilities attended
  422  by the children of such personnel and members are exempt from s.
  423  119.07(1) and s. 24(a), Art. I of the State Constitution.
  424         3. An agency that is the custodian of the information
  425  specified in subparagraph 2. and that is not the employer of the
  426  officer, employee, justice, judge, or other person specified in
  427  subparagraph 2. must shall maintain the exempt status of that
  428  information only if the officer, employee, justice, judge, other
  429  person, or employing agency of the designated employee submits a
  430  written and notarized request for maintenance of the exemption
  431  to the custodial agency. The request must state under oath the
  432  statutory basis for the individual’s exemption request and
  433  confirm the individual’s status as a party eligible for exempt
  434  status.
  435         4.a.A county property appraiser as defined in s.
  436  192.001(3) or a county tax collector as defined in s. 192.001(4)
  437  who receives a written and notarized request for maintenance of
  438  the exemption pursuant to subparagraph 3. must comply by
  439  removing the name of the individual with exempt status and the
  440  instrument number or Official Records book and page number
  441  identifying the property with the exempt status from all
  442  publicly available records maintained by the property appraiser
  443  or tax collector. For written requests received on or before
  444  July 1, 2021, a county property appraiser or county tax
  445  collector must comply with this section by October 1, 2021. A
  446  county property appraiser or county tax collector may not remove
  447  the street address, legal description, or other information
  448  identifying real property within the agency’s records so long as
  449  a name or personal information otherwise exempt from inspection
  450  and copying pursuant to this section are not associated with the
  451  property or otherwise displayed in the public records of the
  452  agency.
  453         b.Any information restricted from public display,
  454  inspection, or copying under sub-subparagraph a. must be
  455  provided to the individual whose information was removed.
  456         5.4. An officer, an employee, a justice, a judge, or other
  457  person specified in subparagraph 2. may submit a written request
  458  for the release of his or her exempt information to the
  459  custodial agency. The written request must be notarized and must
  460  specify the information to be released and the party that is
  461  authorized to receive the information. Upon receipt of the
  462  written request, the custodial agency must shall release the
  463  specified information to the party authorized to receive such
  464  information.
  465         6.5. The exemptions in this paragraph apply to information
  466  held by an agency before, on, or after the effective date of the
  467  exemption.
  468         7.6.Information made exempt under this paragraph may be
  469  disclosed pursuant to s. 28.2221 to a title insurer authorized
  470  pursuant to s. 624.401 and its affiliates as defined in s.
  471  624.10; a title insurance agent or title insurance agency as
  472  defined in s. 626.841(1) or (2), respectively; or an attorney
  473  duly admitted to practice law in this state and in good standing
  474  with The Florida Bar.
  475         8. The exempt status of a home address contained in the
  476  Official Records is maintained only during the period when a
  477  protected party resides at the dwelling location. Upon
  478  conveyance of real property after October 1, 2021, and when such
  479  real property no longer constitutes a protected party’s home
  480  address as defined in subparagraph 1.a., the protected party
  481  must submit a written request to release the removed information
  482  to the county recorder. The written request to release the
  483  removed information must be notarized, must confirm that a
  484  protected party’s request for release is pursuant to a
  485  conveyance of his or her dwelling location, and must specify the
  486  Official Records book and page number, instrument number, or
  487  clerk’s file number for each document containing the information
  488  to be released.
  489         9. Upon the death of a protected party as verified by a
  490  certified copy of a death certificate or court order, any party
  491  can request the county recorder to release a protected
  492  decedent’s removed information unless there is a related request
  493  on file with the county recorder for continued removal of the
  494  decedent’s information or unless such removal is otherwise
  495  prohibited by statute or by court order. The written request to
  496  release the removed information upon the death of a protected
  497  party must attach the certified copy of a death certificate or
  498  court order and must be notarized, must confirm the request for
  499  release is due to the death of a protected party, and must
  500  specify the Official Records book and page number, instrument
  501  number, or clerk’s file number for each document containing the
  502  information to be released. A fee may not be charged for the
  503  release of any document pursuant to such request.
  504         10. This paragraph is subject to the Open Government Sunset
  505  Review Act in accordance with s. 119.15 and shall stand repealed
  506  on October 2, 2024, unless reviewed and saved from repeal
  507  through reenactment by the Legislature.
  508         Section 4. Section 695.22, Florida Statutes, is amended to
  509  read:
  510         695.22 Daily schedule of deeds and conveyances filed for
  511  record to be furnished property appraiser.—After October 1,
  512  1945, the several county recorders must clerks of the circuit
  513  courts shall keep and furnish to the respective county property
  514  appraisers in the counties where such instruments are recorded a
  515  daily schedule of the aforesaid deeds and conveyances so filed
  516  for recordation, in which schedule must shall be set forth the
  517  name of the grantor or grantors, the names and addresses of each
  518  grantee, and a description of the land as specified in each
  519  instrument so filed. The daily schedule must include
  520  notification of any information therein which is subject to a
  521  request for removal on file with the county recorder.
  522         Section 5. This act shall take effect July 1, 2021.
  523  
  524  ================= T I T L E  A M E N D M E N T ================
  525  And the title is amended as follows:
  526         Delete everything before the enacting clause
  527  and insert:
  528                        A bill to be entitled                      
  529         An act relating to public records; amending s. 28.222,
  530         F.S.; deleting obsolete language; amending s. 28.2221,
  531         F.S.; deleting obsolete language; prohibiting a county
  532         recorder from removing a grantor name, grantee name,
  533         or party name from the register of the Official
  534         Records and the index on the publicly available
  535         website unless the information is subject to a
  536         specified public records exemption; requiring that
  537         certain information be included in the Official
  538         Records; prescribing requirements for a person
  539         claiming a public records exemption to request removal
  540         of information from a publicly available website,
  541         subject to penalty of perjury; prescribing the release
  542         of restricted information to the individual whose
  543         information was removed, subject to penalty of
  544         perjury; authorizing specified parties to access
  545         information recorded in the Official Records of a
  546         county which is otherwise exempt pursuant to a
  547         specified public records exemption, for a specific
  548         purpose, if specified conditions are met; requiring a
  549         sworn affidavit, subject to penalty of perjury;
  550         providing criminal penalties for the unlawful use of
  551         any official record; amending s. 119.071, F.S.;
  552         requiring that a request for maintenance of an
  553         exemption be notarized and confirm the individual’s
  554         status; prescribing procedures for the removal of
  555         exempt information for a county property appraiser or
  556         county tax collector; requiring the release of
  557         information restricted from public display to the
  558         individual whose information was removed; authorizing
  559         the disclosure of exempt information under specified
  560         circumstances to specified entities; providing that
  561         the exempt status of a home address contained in the
  562         Official Records is maintained only during a certain
  563         period; requiring the protect party to submit a
  564         written request to release removed information upon
  565         the conveyance of his or her dwelling location;
  566         prescribing procedures to release certain information
  567         for a decedent under specified conditions; specifying
  568         that such release is not subject to a fee; amending s.
  569         695.22, F.S.; deleting obsolete language; requiring
  570         the daily schedule of deeds and conveyances to include
  571         notification of any information therein which is
  572         subject to a request for removal; providing an
  573         effective date.