Florida Senate - 2021                                     SB 844
       
       
        
       By Senator Hooper
       
       
       
       
       
       16-00848-21                                            2021844__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s. 28.222,
    3         F.S.; authorizing certain persons to access
    4         information recorded in the Official Records of a
    5         county which is otherwise exempt from public records
    6         requirements, if specified conditions are met;
    7         prescribing requirements for a person to request
    8         access to such information; authorizing clerks of the
    9         circuit court to enter into limited access licensing
   10         agreements to allow electronic access to official
   11         records for specified parties; providing criminal
   12         penalties for the unlawful use of any official record;
   13         amending s. 28.2221, F.S.; deleting obsolete language;
   14         prohibiting a county recorder or a clerk of the court
   15         from placing information subject to specified public
   16         records exemptions on a publicly available website;
   17         requiring a person claiming a public records exemption
   18         to request removal of information from a website in a
   19         specified manner, subject to penalty of perjury;
   20         prescribing procedures for restoring public access to
   21         exempt information; amending s. 119.071, F.S.,;
   22         specifying applicability of specified public records
   23         exemptions to county recorders, clerks of the court,
   24         county tax collectors, and county property appraisers;
   25         providing procedures for the restoration of previously
   26         redacted information; providing an effective date.
   27          
   28  Be It Enacted by the Legislature of the State of Florida:
   29  
   30         Section 1. Subsection (7) of section 28.222, Florida
   31  Statutes, is amended to read:
   32         28.222 Clerk to be county recorder.—
   33         (7)(a) All instruments recorded in the Official Records are
   34  shall always be open to the public, under the supervision of the
   35  clerk, for the purpose of inspection thereof and of making
   36  copies extracts therefrom; but the clerk is shall not be
   37  required to perform any service in connection with such
   38  inspection or making of copies extracts without payment of
   39  service charges as provided in s. 28.24.
   40         (b) A person who seeks access, whether in person or by
   41  electronic means, to information contained in instruments
   42  recorded in the Official Records which is exempt from public
   43  records requirements pursuant to s. 119.071 may access such
   44  information upon presenting a government-issued photo
   45  identification credential to the county recorder or clerk of the
   46  court and a notarized written request for access. The request
   47  should identify the filing number of the instrument, the name of
   48  a party to the instrument or instruments, or the description of
   49  real or personal property associated with the instruments to be
   50  inspected and attest to a specific lawful purpose for requesting
   51  access, which includes, but is not limited to, determining
   52  marketability of title; perfecting or enforcing a lien or other
   53  interest in real or personal property; and purchasing, leasing,
   54  or lending involving real or personal property. The copy of the
   55  government-issued photo identification credential and written
   56  request may be delivered in person or by mail, facsimile, or
   57  electronic transmission to the county recorder or clerk of the
   58  court.
   59         (c) The clerk may enter into limited access licensing
   60  agreements that grant users access to the Official Records
   61  through electronic means that are not subject to general public
   62  display. Limited access licensing agreements may be made with
   63  attorneys who are admitted to The Florida Bar and members in
   64  good standing; authorized title insurers, as defined in s.
   65  624.09, and their affiliates, as defined in s. 624.10; title
   66  insurance agents or title insurance agencies, as defined in s.
   67  626.841; financial institutions and their affiliates, as defined
   68  in s. 655.005; and entities that provide access to title
   69  information, tax information, and document images for insurance
   70  companies, real estate and mortgage investors, attorneys, and
   71  governmental agencies.
   72         (d) A person who unlawfully uses any Official Record in a
   73  manner not authorized in this subsection commits a misdemeanor
   74  of the second degree, punishable as provided in s. 775.082 or s.
   75  775.083. A person who unlawfully uses any Official Record with
   76  intent to cause bodily harm or with intent to threaten to cause
   77  bodily harm commits a felony of the third degree, punishable as
   78  provided in s. 775.082, s. 775.083, or s. 775.084.
   79         Section 2. Subsection (2) and paragraphs (a) and (c) of
   80  subsection (5) of section 28.2221, Florida Statutes, are
   81  amended, and subsection (6) is added to that section, to read:
   82         28.2221 Electronic access to official records.—
   83         (2) No later than January 1, 2002, The county recorder in
   84  each county shall provide a current index of documents recorded
   85  in the official records of the county for the period beginning
   86  no later than January 1, 1990, on a publicly available Internet
   87  website which shall also contain a document requisition point
   88  for obtaining images or copies of the documents reflected in the
   89  index and which has the capability of electronically providing
   90  the index data to a central statewide search site. The index
   91  must include the shall be limited to grantor and grantee names,
   92  party names, date, book and page number, comments, and type of
   93  record.
   94         (5)(a) A No county recorder or clerk of the court may not
   95  place information made exempt from inspection or copying under
   96  s. 119.071, or any an image or copy of a public record,
   97  including an official record, on a publicly available Internet
   98  website for general public display if that image or copy is of a
   99  military discharge; death certificate; or a court file, record,
  100  or paper relating to matters or cases governed by the Florida
  101  Rules of Family Law, the Florida Rules of Juvenile Procedure, or
  102  the Florida Probate Rules.
  103         (c) No later than 30 days after June 5, 2002, Notice of the
  104  right of any affected party to request removal of information or
  105  records pursuant to this subsection shall be conspicuously and
  106  clearly displayed by the county recorder or clerk of the court
  107  on the publicly available Internet website on which images or
  108  copies of the county’s public records are placed and in the
  109  office of each county recorder or clerk of the court. In
  110  addition, no later than 30 days after June 5, 2002, the county
  111  recorder or the clerk of the court must have published, on two
  112  separate dates, a notice of such right in a newspaper of general
  113  circulation in the county where the county recorder’s office is
  114  located as provided for in chapter 50. Such notice must contain
  115  appropriate instructions for making the removal request in
  116  person, by mail, by facsimile, or by electronic transmission.
  117  The notice must shall state, in substantially similar form, that
  118  any person has a right to request that a county recorder or
  119  clerk of the court remove information or an image or copy of a
  120  public record, including an official record, from a publicly
  121  available Internet website if that information, image, or copy
  122  is of a military discharge; death certificate; or a court file,
  123  record, or paper relating to matters or cases governed by the
  124  Florida Rules of Family Law, the Florida Rules of Juvenile
  125  Procedure, or the Florida Probate Rules. Such request must be
  126  made in writing and delivered in person or by mail, facsimile,
  127  or electronic transmission, or in person to the county recorder
  128  or clerk of the court. The request must identify the Official
  129  Records book and page number, instrument number, or clerk’s file
  130  number for any document identification page number of the
  131  document to be removed. For requests from a person claiming a
  132  public records exemption pursuant to s. 119.071, the request
  133  must be written, be notarized, and state under oath the
  134  statutory basis for removal of the information, image, or copy
  135  that is restricted from general public display, and confirm the
  136  individual’s eligibility for exempt status. A party making a
  137  false attestation is subject to the penalty of perjury under s.
  138  837.012. A No fee may not will be charged for the removal of a
  139  document pursuant to such request.
  140         (6) Any information restricted from public display under
  141  paragraph (5)(a) pursuant to a request made under s. 119.071
  142  shall be restored for general public display to the publicly
  143  available website at the request of any affected party at any
  144  time, or at the request of any person after the passage of 5
  145  years through July 1, 2026, or the date of the most recent
  146  request for the exemption, whichever is later, unless any
  147  affected party makes an additional request under paragraph
  148  (5)(c). The request must be made in writing and delivered in
  149  person or by mail, facsimile, or electronic transmission to the
  150  county recorder or clerk of the court. The request must identify
  151  the Official Records book and page number or instrument number
  152  for any document to be restored. A fee may not be charged for
  153  the restoration of any document pursuant to such request.
  154         Section 3. Subsection (6) is added to section 119.071,
  155  Florida Statutes, to read:
  156         119.071 General exemptions from inspection or copying of
  157  public records.—
  158         (6) APPLICABILITY.—
  159         (a) The application of subsections (2), (4), and (5) to
  160  official records under s. 28.222, the register of the Official
  161  Records under s. 28.222(2), and the current index of documents
  162  on a publicly available website under s. 28.2221(2) is limited
  163  to restricting a county recorder or clerk of the court from
  164  placing information that is restricted from general public
  165  display on a publicly available website. Subsections (2), (4),
  166  and (5) do not limit the inspection and copying of exempt
  167  information at the office of the county recorder or clerk of the
  168  court or by electronic means through a limited access licensing
  169  agreement in accordance with s. 28.222(7)(b) and (c). By October
  170  1, 2021, a county recorder or clerk of the court shall restore
  171  any previously redacted names of parties to an instrument and
  172  not redact the names of parties to an instrument in the register
  173  under s. 28.222(2) and the current index of documents under s.
  174  28.2221(2).
  175         (b) The application of this paragraph to a county property
  176  appraiser or county tax collector as defined in s. 192.001 is
  177  limited to restricting the county property appraiser or county
  178  tax collector from placing the names of any individual entitled
  179  to exemption in all publicly available records maintained by the
  180  property appraiser or tax collector. A county property appraiser
  181  or county tax collector shall restore any previously redacted
  182  street address, legal description, or other information
  183  identifying real property within the agency’s records and not
  184  redact the street address, legal description, or other
  185  information identifying real property within the agency’s
  186  records as long as the name of any individual entitled to
  187  exemption is not associated with the property or otherwise
  188  displayed in the public records of the agency.
  189         (c) Any information redacted or removed from general public
  190  display pursuant to subsection (2), subsection (4), or
  191  subsection (5) shall be restored to the publicly available
  192  records maintained by the county property appraiser or county
  193  tax collector at the request of any affected party at any time,
  194  or at the request of any person after the passage of 5 years
  195  through July 1, 2026, or the date of the most recent request for
  196  the exemption, whichever is later. The request must be made in
  197  writing and delivered in person or by mail, facsimile, or
  198  electronic transmission to the property appraiser or tax
  199  collector.
  200         Section 4. This act shall take effect July 1, 2021.