Florida Senate - 2021 CS for CS for SB 844
By the Committees on Community Affairs; and Governmental
Oversight and Accountability; and Senator Hooper
578-03615-21 2021844c2
1 A bill to be entitled
2 An act relating to public records; amending s. 28.222,
3 F.S.; deleting obsolete language; amending s. 28.2221,
4 F.S.; deleting obsolete language; prohibiting a county
5 recorder from removing a grantor name, grantee name,
6 or party name from the index on the publicly available
7 website unless the information is subject to a
8 specified public records exemption; prohibiting a
9 county recorder from placing certain information on
10 the publicly available website; prescribing
11 requirements for a person claiming a public records
12 exemption to request removal of information from a
13 publicly available website, subject to penalty of
14 perjury; prescribing the release of restricted
15 information to the individual whose information was
16 removed, subject to penalty of perjury; authorizing
17 specified parties to access information recorded in
18 the Official Records of a county which is otherwise
19 exempt pursuant to a specified public records
20 exemption, for a specific purpose, if specified
21 conditions are met; requiring a sworn affidavit,
22 subject to penalty of perjury; providing criminal
23 penalties for the unlawful use of any official record;
24 amending s. 119.071, F.S.; requiring that a request
25 for maintenance of an exemption be notarized and
26 confirm the individual’s status; prescribing
27 procedures for the removal of exempt information for a
28 county property appraiser and county tax collector;
29 requiring the release of information restricted from
30 public display to the individual whose information was
31 removed; providing disclosure of exempt information
32 under specified circumstances to specified entities;
33 providing that the exempt status of a home address
34 contained in the Official Records is maintained only
35 during a certain period; requiring the employee to
36 submit a written request to release removed
37 information upon the conveyance of his or her dwelling
38 location; prescribing procedures to release certain
39 information for a decedent under specified conditions;
40 specifying that such release is not subject to a fee;
41 amending s. 695.22, F.S.; deleting obsolete language;
42 requiring the daily schedule of deeds and conveyances
43 to include notification of any information therein
44 which is subject to a request for removal; providing
45 an effective date.
46
47 Be It Enacted by the Legislature of the State of Florida:
48
49 Section 1. Subsection (7) of section 28.222, Florida
50 Statutes, is amended to read:
51 28.222 Clerk to be county recorder.—
52 (7) All instruments recorded in the Official Records are
53 shall always be open to the public, under the supervision of the
54 clerk, for the purpose of inspection thereof and of making
55 copies extracts therefrom; but the clerk is shall not be
56 required to perform any service in connection with such
57 inspection or making of copies extracts without payment of
58 service charges as provided in s. 28.24.
59 Section 2. Subsection (2) and paragraphs (a) and (c) of
60 subsection (5) of section 28.2221, Florida Statutes, are
61 amended, and subsections (6) and (7) are added to that section,
62 to read:
63 28.2221 Electronic access to official records.—
64 (2)(a) No later than January 1, 2002, The county recorder
65 in each county must shall provide a current index of documents
66 recorded in the official records of the county for the period
67 beginning no later than January 1, 1990, on a publicly available
68 Internet website which must shall also contain a document
69 requisition point for obtaining images or copies of the
70 documents reflected in the index and which has the capability of
71 electronically providing the index data to a central statewide
72 search site. The index must shall be limited to grantor and
73 grantee names, party names, date, book and page number,
74 comments, and type of record.
75 (b) Unless otherwise required by the court, a county
76 recorder may not remove the grantor name, grantee name, or party
77 name from the index on the publicly available website on the
78 basis of an exemption as defined in s. 119.011 unless the name
79 of the grantor or grantee includes the street address portion of
80 the home address as defined in s. 119.071(4)(d). Home addresses,
81 as defined in s. 119.071(4)(d), which are exempt from inspection
82 or copying under s. 119.071 may not be included within the index
83 or otherwise displayed on the county recorder’s publicly
84 available website on which images or copies of the county’s
85 official records are placed.
86 (5)(a) A No county recorder or clerk of the court may not
87 place on a publicly available website for general public display
88 information made exempt from inspection or copying under s.
89 119.071, or any an image or copy of a public record, including
90 an official record, on a publicly available Internet website for
91 general public display if that image or copy is of a military
92 discharge; death certificate; or a court file, record, or paper
93 relating to matters or cases governed by the Florida Rules of
94 Family Law, the Florida Rules of Juvenile Procedure, or the
95 Florida Probate Rules.
96 (c) No later than 30 days after June 5, 2002, Notice of the
97 right of any affected party to request removal of information or
98 records pursuant to this subsection must shall be conspicuously
99 and clearly displayed by the county recorder or clerk of the
100 court on the publicly available Internet website on which images
101 or copies of the county’s public records are placed and in the
102 office of each county recorder or clerk of the court. In
103 addition, no later than 30 days after June 5, 2002, the county
104 recorder or the clerk of the court must have published, on two
105 separate dates, a notice of such right in a newspaper of general
106 circulation in the county where the county recorder’s office is
107 located as provided for in chapter 50. Such notice must contain
108 appropriate instructions for making the removal request in
109 person, by mail, by facsimile, or by electronic transmission.
110 The notice must shall state, in substantially similar form, that
111 any person has a right to request that a county recorder or
112 clerk of the court remove from a publicly available website
113 information made exempt from inspection or copying under s.
114 119.071 or an image or copy of a public record, including an
115 official record, from a publicly available Internet website if
116 that image or copy is of a military discharge; death
117 certificate; or a court file, record, or paper relating to
118 matters or cases governed by the Florida Rules of Family Law,
119 the Florida Rules of Juvenile Procedure, or the Florida Probate
120 Rules. Such request must be made in writing and delivered in
121 person, by mail, facsimile, or by electronic transmission, or in
122 person to the county recorder or clerk of the court. The request
123 must identify the Official Records book and page number,
124 instrument number, or clerk’s file number for any document
125 identification page number of the information or document to be
126 removed. For requests for removal from a person claiming a
127 public records exemption pursuant to s. 119.071, the request
128 must be written, be notarized, and state under oath the
129 statutory basis for removal of the information, image, or copy
130 that is restricted from general public display, and confirm the
131 individual’s eligibility for exempt status. A party making a
132 false attestation is subject to the penalty of perjury under s.
133 837.012. A No fee may not will be charged for the removal of a
134 document pursuant to such request.
135 (6)(a) Any information restricted from public display,
136 inspection, or copying under paragraph (5)(a) pursuant to a
137 request for removal made under s. 119.071 must be provided at
138 any time to the individual whose information was removed. The
139 written request for the restricted information must be by sworn
140 affidavit consistent with s. 92.50 and must include the Official
141 Records book and page number, instrument number, or clerk’s file
142 number for any information or document to be released. Any party
143 making a false attestation is subject to the penalty of perjury
144 under s. 837.012. A fee may not be charged for the production of
145 any document pursuant to such request.
146 (b)1. For the purpose of conducting a title search as
147 defined by s. 627.7711 and upon presentation of photo
148 identification and affirmation by sworn affidavit consistent
149 with s. 92.50 to the county recorder, information restricted
150 from public display, inspection, or copying under paragraph
151 (5)(a) pursuant to a request for removal made under s. 119.071
152 may be disclosed to:
153 a. A title insurer authorized pursuant to s. 624.401 and
154 its affiliates as defined in s. 624.10;
155 b. A title insurance agent or title insurance agency as
156 defined in s. 626.841(1) and (2), respectively; or
157 c. An attorney duly admitted to practice law in this state
158 and in good standing with The Florida Bar.
159 2. The photo identification and affirmation by sworn
160 affidavit may be delivered in person, by mail, or by electronic
161 transmission to the county recorder.
162 3. The affiant requestor must attest to his or her
163 authority and the authorized purpose to access exempt
164 information pursuant to this section for the property specified
165 within the sworn affidavit.
166 4. The affiant requestor must identify the Official Records
167 book and page number, instrument number, or clerk’s file number
168 for each document requested within the sworn affidavit.
169 5. Affidavits submitted by a title insurer, title insurance
170 agent, or title insurance agency must include the Florida
171 Company Code or the license number, as applicable, and an
172 attestation to the affiant requestor’s authorization to transact
173 business in this state. Affidavits submitted by an attorney
174 authorized under this section must include the affiant
175 requestor’s Florida Bar number and a statement that the affiant
176 requestor has an agency agreement with a title insurer directly
177 or through his or her law firm.
178 6. The county recorder must record such affidavit in the
179 official records but may not place the image or copy of the
180 affidavit on a publicly available website for general public
181 display.
182 7. Upon providing a document disclosing redacted
183 information to an affiant requestor under this section, the
184 county recorder must provide a copy of the affidavit requesting
185 disclosure of the redacted information to each affected party at
186 the address listed on the document or on the request for removal
187 made by the affected party under s. 119.071. The county recorder
188 must prepare a certificate of mailing to be affixed to the
189 affidavit and must receive the statutory service charges as
190 prescribed by s. 28.24 from the affiant requestor.
191 8. Any party making a false attestation under this section
192 is subject to the penalty of perjury under s. 837.012.
193 (7) A person who uses any official record in a manner not
194 authorized in this section commits a misdemeanor of the second
195 degree, punishable as provided in s. 775.082 or s. 775.083. A
196 person who unlawfully uses any official record with intent to
197 cause bodily harm or with intent to threaten to cause bodily
198 harm commits a felony of the third degree, punishable as
199 provided in s. 775.082, s. 775.083, or s. 775.084.
200 Section 3. Paragraph (d) of subsection (4) of section
201 119.071, Florida Statutes, is amended to read:
202 119.071 General exemptions from inspection or copying of
203 public records.—
204 (4) AGENCY PERSONNEL INFORMATION.—
205 (d)1. For purposes of this paragraph, the term:
206 a. “Home addresses” means the dwelling location at which an
207 individual resides and includes the physical address, mailing
208 address, street address, parcel identification number, plot
209 identification number, legal property description, neighborhood
210 name and lot number, GPS coordinates, and any other descriptive
211 property information that may reveal the home address.
212 b. “Telephone numbers” includes home telephone numbers,
213 personal cellular telephone numbers, personal pager telephone
214 numbers, and telephone numbers associated with personal
215 communications devices.
216 2.a. The home addresses, telephone numbers, dates of birth,
217 and photographs of active or former sworn law enforcement
218 personnel or of active or former civilian personnel employed by
219 a law enforcement agency, including correctional and
220 correctional probation officers, personnel of the Department of
221 Children and Families whose duties include the investigation of
222 abuse, neglect, exploitation, fraud, theft, or other criminal
223 activities, personnel of the Department of Health whose duties
224 are to support the investigation of child abuse or neglect, and
225 personnel of the Department of Revenue or local governments
226 whose responsibilities include revenue collection and
227 enforcement or child support enforcement; the names, home
228 addresses, telephone numbers, photographs, dates of birth, and
229 places of employment of the spouses and children of such
230 personnel; and the names and locations of schools and day care
231 facilities attended by the children of such personnel are exempt
232 from s. 119.07(1) and s. 24(a), Art. I of the State
233 Constitution.
234 b. The home addresses, telephone numbers, dates of birth,
235 and photographs of current or former nonsworn investigative
236 personnel of the Department of Financial Services whose duties
237 include the investigation of fraud, theft, workers’ compensation
238 coverage requirements and compliance, other related criminal
239 activities, or state regulatory requirement violations; the
240 names, home addresses, telephone numbers, dates of birth, and
241 places of employment of the spouses and children of such
242 personnel; and the names and locations of schools and day care
243 facilities attended by the children of such personnel are exempt
244 from s. 119.07(1) and s. 24(a), Art. I of the State
245 Constitution.
246 c. The home addresses, telephone numbers, dates of birth,
247 and photographs of current or former nonsworn investigative
248 personnel of the Office of Financial Regulation’s Bureau of
249 Financial Investigations whose duties include the investigation
250 of fraud, theft, other related criminal activities, or state
251 regulatory requirement violations; the names, home addresses,
252 telephone numbers, dates of birth, and places of employment of
253 the spouses and children of such personnel; and the names and
254 locations of schools and day care facilities attended by the
255 children of such personnel are exempt from s. 119.07(1) and s.
256 24(a), Art. I of the State Constitution.
257 d. The home addresses, telephone numbers, dates of birth,
258 and photographs of current or former firefighters certified in
259 compliance with s. 633.408; the names, home addresses, telephone
260 numbers, photographs, dates of birth, and places of employment
261 of the spouses and children of such firefighters; and the names
262 and locations of schools and day care facilities attended by the
263 children of such firefighters are exempt from s. 119.07(1) and
264 s. 24(a), Art. I of the State Constitution.
265 e. The home addresses, dates of birth, and telephone
266 numbers of current or former justices of the Supreme Court,
267 district court of appeal judges, circuit court judges, and
268 county court judges; the names, home addresses, telephone
269 numbers, dates of birth, and places of employment of the spouses
270 and children of current or former justices and judges; and the
271 names and locations of schools and day care facilities attended
272 by the children of current or former justices and judges are
273 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
274 Constitution.
275 f. The home addresses, telephone numbers, dates of birth,
276 and photographs of current or former state attorneys, assistant
277 state attorneys, statewide prosecutors, or assistant statewide
278 prosecutors; the names, home addresses, telephone numbers,
279 photographs, dates of birth, and places of employment of the
280 spouses and children of current or former state attorneys,
281 assistant state attorneys, statewide prosecutors, or assistant
282 statewide prosecutors; and the names and locations of schools
283 and day care facilities attended by the children of current or
284 former state attorneys, assistant state attorneys, statewide
285 prosecutors, or assistant statewide prosecutors are exempt from
286 s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
287 g. The home addresses, dates of birth, and telephone
288 numbers of general magistrates, special magistrates, judges of
289 compensation claims, administrative law judges of the Division
290 of Administrative Hearings, and child support enforcement
291 hearing officers; the names, home addresses, telephone numbers,
292 dates of birth, and places of employment of the spouses and
293 children of general magistrates, special magistrates, judges of
294 compensation claims, administrative law judges of the Division
295 of Administrative Hearings, and child support enforcement
296 hearing officers; and the names and locations of schools and day
297 care facilities attended by the children of general magistrates,
298 special magistrates, judges of compensation claims,
299 administrative law judges of the Division of Administrative
300 Hearings, and child support enforcement hearing officers are
301 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
302 Constitution.
303 h. The home addresses, telephone numbers, dates of birth,
304 and photographs of current or former human resource, labor
305 relations, or employee relations directors, assistant directors,
306 managers, or assistant managers of any local government agency
307 or water management district whose duties include hiring and
308 firing employees, labor contract negotiation, administration, or
309 other personnel-related duties; the names, home addresses,
310 telephone numbers, dates of birth, and places of employment of
311 the spouses and children of such personnel; and the names and
312 locations of schools and day care facilities attended by the
313 children of such personnel are exempt from s. 119.07(1) and s.
314 24(a), Art. I of the State Constitution.
315 i. The home addresses, telephone numbers, dates of birth,
316 and photographs of current or former code enforcement officers;
317 the names, home addresses, telephone numbers, dates of birth,
318 and places of employment of the spouses and children of such
319 personnel; and the names and locations of schools and day care
320 facilities attended by the children of such personnel are exempt
321 from s. 119.07(1) and s. 24(a), Art. I of the State
322 Constitution.
323 j. The home addresses, telephone numbers, places of
324 employment, dates of birth, and photographs of current or former
325 guardians ad litem, as defined in s. 39.820; the names, home
326 addresses, telephone numbers, dates of birth, and places of
327 employment of the spouses and children of such persons; and the
328 names and locations of schools and day care facilities attended
329 by the children of such persons are exempt from s. 119.07(1) and
330 s. 24(a), Art. I of the State Constitution.
331 k. The home addresses, telephone numbers, dates of birth,
332 and photographs of current or former juvenile probation
333 officers, juvenile probation supervisors, detention
334 superintendents, assistant detention superintendents, juvenile
335 justice detention officers I and II, juvenile justice detention
336 officer supervisors, juvenile justice residential officers,
337 juvenile justice residential officer supervisors I and II,
338 juvenile justice counselors, juvenile justice counselor
339 supervisors, human services counselor administrators, senior
340 human services counselor administrators, rehabilitation
341 therapists, and social services counselors of the Department of
342 Juvenile Justice; the names, home addresses, telephone numbers,
343 dates of birth, and places of employment of spouses and children
344 of such personnel; and the names and locations of schools and
345 day care facilities attended by the children of such personnel
346 are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
347 Constitution.
348 l. The home addresses, telephone numbers, dates of birth,
349 and photographs of current or former public defenders, assistant
350 public defenders, criminal conflict and civil regional counsel,
351 and assistant criminal conflict and civil regional counsel; the
352 names, home addresses, telephone numbers, dates of birth, and
353 places of employment of the spouses and children of current or
354 former public defenders, assistant public defenders, criminal
355 conflict and civil regional counsel, and assistant criminal
356 conflict and civil regional counsel; and the names and locations
357 of schools and day care facilities attended by the children of
358 current or former public defenders, assistant public defenders,
359 criminal conflict and civil regional counsel, and assistant
360 criminal conflict and civil regional counsel are exempt from s.
361 119.07(1) and s. 24(a), Art. I of the State Constitution.
362 m. The home addresses, telephone numbers, dates of birth,
363 and photographs of current or former investigators or inspectors
364 of the Department of Business and Professional Regulation; the
365 names, home addresses, telephone numbers, dates of birth, and
366 places of employment of the spouses and children of such current
367 or former investigators and inspectors; and the names and
368 locations of schools and day care facilities attended by the
369 children of such current or former investigators and inspectors
370 are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
371 Constitution.
372 n. The home addresses, telephone numbers, and dates of
373 birth of county tax collectors; the names, home addresses,
374 telephone numbers, dates of birth, and places of employment of
375 the spouses and children of such tax collectors; and the names
376 and locations of schools and day care facilities attended by the
377 children of such tax collectors are exempt from s. 119.07(1) and
378 s. 24(a), Art. I of the State Constitution.
379 o. The home addresses, telephone numbers, dates of birth,
380 and photographs of current or former personnel of the Department
381 of Health whose duties include, or result in, the determination
382 or adjudication of eligibility for social security disability
383 benefits, the investigation or prosecution of complaints filed
384 against health care practitioners, or the inspection of health
385 care practitioners or health care facilities licensed by the
386 Department of Health; the names, home addresses, telephone
387 numbers, dates of birth, and places of employment of the spouses
388 and children of such personnel; and the names and locations of
389 schools and day care facilities attended by the children of such
390 personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of
391 the State Constitution.
392 p. The home addresses, telephone numbers, dates of birth,
393 and photographs of current or former impaired practitioner
394 consultants who are retained by an agency or current or former
395 employees of an impaired practitioner consultant whose duties
396 result in a determination of a person’s skill and safety to
397 practice a licensed profession; the names, home addresses,
398 telephone numbers, dates of birth, and places of employment of
399 the spouses and children of such consultants or their employees;
400 and the names and locations of schools and day care facilities
401 attended by the children of such consultants or employees are
402 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
403 Constitution.
404 q. The home addresses, telephone numbers, dates of birth,
405 and photographs of current or former emergency medical
406 technicians or paramedics certified under chapter 401; the
407 names, home addresses, telephone numbers, dates of birth, and
408 places of employment of the spouses and children of such
409 emergency medical technicians or paramedics; and the names and
410 locations of schools and day care facilities attended by the
411 children of such emergency medical technicians or paramedics are
412 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
413 Constitution.
414 r. The home addresses, telephone numbers, dates of birth,
415 and photographs of current or former personnel employed in an
416 agency’s office of inspector general or internal audit
417 department whose duties include auditing or investigating waste,
418 fraud, abuse, theft, exploitation, or other activities that
419 could lead to criminal prosecution or administrative discipline;
420 the names, home addresses, telephone numbers, dates of birth,
421 and places of employment of spouses and children of such
422 personnel; and the names and locations of schools and day care
423 facilities attended by the children of such personnel are exempt
424 from s. 119.07(1) and s. 24(a), Art. I of the State
425 Constitution.
426 s. The home addresses, telephone numbers, dates of birth,
427 and photographs of current or former directors, managers,
428 supervisors, nurses, and clinical employees of an addiction
429 treatment facility; the home addresses, telephone numbers,
430 photographs, dates of birth, and places of employment of the
431 spouses and children of such personnel; and the names and
432 locations of schools and day care facilities attended by the
433 children of such personnel are exempt from s. 119.07(1) and s.
434 24(a), Art. I of the State Constitution. For purposes of this
435 sub-subparagraph, the term “addiction treatment facility” means
436 a county government, or agency thereof, that is licensed
437 pursuant to s. 397.401 and provides substance abuse prevention,
438 intervention, or clinical treatment, including any licensed
439 service component described in s. 397.311(26).
440 t. The home addresses, telephone numbers, dates of birth,
441 and photographs of current or former directors, managers,
442 supervisors, and clinical employees of a child advocacy center
443 that meets the standards of s. 39.3035(1) and fulfills the
444 screening requirement of s. 39.3035(2), and the members of a
445 Child Protection Team as described in s. 39.303 whose duties
446 include supporting the investigation of child abuse or sexual
447 abuse, child abandonment, child neglect, and child exploitation
448 or to provide services as part of a multidisciplinary case
449 review team; the names, home addresses, telephone numbers,
450 photographs, dates of birth, and places of employment of the
451 spouses and children of such personnel and members; and the
452 names and locations of schools and day care facilities attended
453 by the children of such personnel and members are exempt from s.
454 119.07(1) and s. 24(a), Art. I of the State Constitution.
455 3. An agency that is the custodian of the information
456 specified in subparagraph 2. and that is not the employer of the
457 officer, employee, justice, judge, or other person specified in
458 subparagraph 2. must shall maintain the exempt status of that
459 information only if the officer, employee, justice, judge, other
460 person, or employing agency of the designated employee submits a
461 written and notarized request for maintenance of the exemption
462 to the custodial agency. The request must state under oath the
463 statutory basis for the individual’s exemption request and
464 confirm the individual’s status as a party eligible for exempt
465 status.
466 4.a. A county property appraiser as defined in s.
467 192.001(3) or a county tax collector as defined in s. 192.001(4)
468 who receives a written and notarized request for maintenance of
469 the exemption pursuant to subparagraph 3. must comply by
470 removing the name of the individual with exempt status and the
471 instrument number or Official Records book and page number
472 identifying the property with the exempt status from all
473 publicly available records maintained by the property appraiser
474 or tax collector. For written requests received on or before
475 July 1, 2021, a county property appraiser or county tax
476 collector must comply with this section by October 1, 2021. A
477 county property appraiser or county tax collector may not remove
478 the street address, legal description, or other information
479 identifying real property within the agency’s records so long as
480 a name or personal information otherwise exempt from inspection
481 and copying pursuant to this section are not associated with the
482 property or otherwise displayed in the public records of the
483 agency.
484 b. Any information restricted from public display,
485 inspection, or copying under sub-subparagraph a. must be
486 provided to the individual whose information was removed.
487 5.4. An officer, an employee, a justice, a judge, or other
488 person specified in subparagraph 2. may submit a written request
489 for the release of his or her exempt information to the
490 custodial agency. The written request must be notarized and must
491 specify the information to be released and the party that is
492 authorized to receive the information. Upon receipt of the
493 written request, the custodial agency must shall release the
494 specified information to the party authorized to receive such
495 information.
496 6.5. The exemptions in this paragraph apply to information
497 held by an agency before, on, or after the effective date of the
498 exemption.
499 7.6. Information made exempt under this paragraph may be
500 disclosed pursuant to s. 28.2221 to a title insurer authorized
501 pursuant to s. 624.401 and its affiliates as defined in s.
502 624.10; a title insurance agent or title insurance agency as
503 defined in s. 626.841(1) or (2), respectively; or an attorney
504 duly admitted to practice law in this state and in good standing
505 with The Florida Bar.
506 8. The exempt status of a home address contained in the
507 Official Records is maintained only during the period when the
508 protected party resides at the dwelling location. Upon
509 conveyance of the real property after October 1, 2021, and when
510 such real property no longer constitutes the protected party’s
511 home address as defined in subparagraph 1.a., the protected
512 party must submit a written request to release the removed
513 information to the county recorder. The written request to
514 release the removed information must be notarized, must confirm
515 that the protected party’s request for release is pursuant to a
516 conveyance of his or her dwelling location, and must specify the
517 Official Records book and page, instrument number, or clerk’s
518 file number for each document containing the information to be
519 released.
520 9. Upon the death of the protected party as verified by a
521 certified copy of a death certificate or court order, any party
522 can request the county recorder to release the protected
523 decedent’s removed information unless there is a related request
524 on file with the county recorder for continued removal of the
525 decedent’s information or unless such removal is otherwise
526 prohibited by statute or by court order. The written request to
527 release the removed information upon the death of a protected
528 party must attach the certified copy of a death certificate or
529 court order and must be notarized, must confirm the request for
530 release is due to the death of the protected party, and must
531 specify the Official Records book and page number, instrument
532 number, or clerk’s file number for each document containing the
533 information to be released. A fee may not be charged for the
534 release of any document pursuant to such request.
535 10. This paragraph is subject to the Open Government Sunset
536 Review Act in accordance with s. 119.15 and shall stand repealed
537 on October 2, 2024, unless reviewed and saved from repeal
538 through reenactment by the Legislature.
539 Section 4. Section 695.22, Florida Statutes, is amended to
540 read:
541 695.22 Daily schedule of deeds and conveyances filed for
542 record to be furnished property appraiser.—After October 1,
543 1945, the several county recorders must clerks of the circuit
544 courts shall keep and furnish to the respective county property
545 appraisers in the counties where such instruments are recorded a
546 daily schedule of the aforesaid deeds and conveyances so filed
547 for recordation, in which schedule must shall be set forth the
548 name of the grantor or grantors, the names and addresses of each
549 grantee, and a description of the land as specified in each
550 instrument so filed. The daily schedule must include
551 notification of any information therein which is subject to a
552 request for removal on file with the county recorder.
553 Section 5. This act shall take effect July 1, 2021.