Florida Senate - 2021 CS for CS for CS for SB 844
By the Committees on Rules; Community Affairs; and Governmental
Oversight and Accountability; and Senator Hooper
595-04502-21 2021844c3
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 register of the Official
7 Records and the index on the publicly available
8 website unless the information is subject to a
9 specified public records exemption; requiring that
10 certain information be included in the Official
11 Records; prescribing requirements for a person
12 claiming a public records exemption to request removal
13 of information from a publicly available website,
14 subject to penalty of perjury; prescribing the release
15 of restricted information to the individual whose
16 information was removed, subject to penalty of
17 perjury; authorizing specified parties to access
18 information recorded in the Official Records of a
19 county which is otherwise exempt pursuant to a
20 specified public records exemption, for a specific
21 purpose, if specified conditions are met; requiring a
22 sworn affidavit, subject to penalty of perjury;
23 providing criminal penalties for the unlawful use of
24 any official record; amending s. 119.071, F.S.;
25 requiring that a request for maintenance of an
26 exemption be notarized and confirm the individual’s
27 status; prescribing procedures for the removal of
28 exempt information for a county property appraiser or
29 county tax collector; requiring the release of
30 information restricted from public display to the
31 individual whose information was removed; authorizing
32 the disclosure of exempt information under specified
33 circumstances to specified entities; providing that
34 the exempt status of a home address contained in the
35 Official Records is maintained only during a certain
36 period; requiring the protected party to submit a
37 written request to release removed information upon
38 the conveyance of his or her dwelling location;
39 prescribing procedures to release certain information
40 for a decedent under specified conditions; specifying
41 that such release is not subject to a fee; amending s.
42 695.22, F.S.; deleting obsolete language; requiring
43 the daily schedule of deeds and conveyances to include
44 notification of any information therein which is
45 subject to a request for removal; providing an
46 effective date.
47
48 Be It Enacted by the Legislature of the State of Florida:
49
50 Section 1. Subsection (7) of section 28.222, Florida
51 Statutes, is amended to read:
52 28.222 Clerk to be county recorder.—
53 (7) All instruments recorded in the Official Records are
54 shall always be open to the public, under the supervision of the
55 clerk, for the purpose of inspection thereof and of making
56 copies extracts therefrom; but the clerk is shall not be
57 required to perform any service in connection with such
58 inspection or making of copies extracts without payment of
59 service charges as provided in s. 28.24.
60 Section 2. Subsection (2) and paragraphs (a) and (c) of
61 subsection (5) of section 28.2221, Florida Statutes, are
62 amended, and subsections (6) and (7) are added to that section,
63 to read:
64 28.2221 Electronic access to official records.—
65 (2)(a) No later than January 1, 2002, The county recorder
66 in each county must shall provide a current index of documents
67 recorded in the official records of the county for the period
68 beginning no later than January 1, 1990, on a publicly available
69 Internet website which must shall also contain a document
70 requisition point for obtaining images or copies of the
71 documents reflected in the index and which has the capability of
72 electronically providing the index data to a central statewide
73 search site. The index must shall be limited to grantor and
74 grantee names, party names, date, book and page number,
75 comments, and type of record.
76 (b) Unless otherwise required by the court, a county
77 recorder may not remove the grantor name, grantee name, or party
78 name from the register of the Official Records, as described in
79 s. 28.222(2), and the index on the publicly available Internet
80 website on the basis of an exemption as defined in s. 119.011
81 unless the name of the grantor or grantee includes the street
82 address portion of the home address as defined in s.
83 119.071(4)(d), in which case the county recorder must remove the
84 street address portion from display. Home addresses, as defined
85 in s. 119.071(4)(d), which are exempt from inspection or copying
86 under s. 119.071 must be included within the Official Records as
87 described in s. 28.222(2) but may not be included within the
88 index or otherwise displayed on the county recorder’s publicly
89 available Internet website on which images or copies of the
90 county’s official records are placed.
91 (5)(a) A No county recorder or clerk of the court may not
92 place on a publicly available Internet website for general
93 public display information made exempt from inspection or
94 copying under s. 119.071 or any an image or copy of a public
95 record, including an official record, on a publicly available
96 Internet website for general public display if that image or
97 copy is of a military discharge; death certificate; or a court
98 file, record, or paper relating to matters or cases governed by
99 the Florida Rules of Family Law, the Florida Rules of Juvenile
100 Procedure, or the Florida Probate Rules.
101 (c) No later than 30 days after June 5, 2002, Notice of the
102 right of any affected party to request removal of information or
103 records pursuant to this subsection must shall be conspicuously
104 and clearly displayed by the county recorder or clerk of the
105 court on the publicly available Internet website on which images
106 or copies of the county’s public records are placed and in the
107 office of each county recorder or clerk of the court. In
108 addition, no later than 30 days after June 5, 2002, the county
109 recorder or the clerk of the court must have published, on two
110 separate dates, a notice of such right in a newspaper of general
111 circulation in the county where the county recorder’s office is
112 located as provided for in chapter 50. Such notice must contain
113 appropriate instructions for making the removal request in
114 person, by mail, by facsimile, or by electronic transmission.
115 The notice must shall state, in substantially similar form, that
116 any person has a right to request that a county recorder or
117 clerk of the court remove from a publicly available Internet
118 website information made exempt from inspection or copying under
119 s. 119.071 or an image or copy of a public record, including an
120 official record, from a publicly available Internet website if
121 that image or copy is of a military discharge; death
122 certificate; or a court file, record, or paper relating to
123 matters or cases governed by the Florida Rules of Family Law,
124 the Florida Rules of Juvenile Procedure, or the Florida Probate
125 Rules. The notice must state that information removed as exempt
126 under s. 119.071 will not be removed from the Official Records
127 as described in s. 28.222(2). Such request must be made in
128 writing and delivered in person, by mail, facsimile, or by
129 electronic transmission, or in person to the county recorder or
130 clerk of the court. The request must identify the Official
131 Records book and page number, instrument number, or clerk’s file
132 number for any information or document identification page
133 number of the document to be removed. For requests for removal
134 from a person claiming a public records exemption pursuant to s.
135 119.071, the request must be written and notarized; state under
136 oath the statutory basis for removal of the information, image,
137 or copy that is restricted from general public display on the
138 county recorder’s publicly available Internet website; and
139 confirm the individual’s eligibility for exempt status. A party
140 making a false attestation is subject to the penalty of perjury
141 under s. 837.012. A No fee may not will be charged for the
142 removal of a document pursuant to such request.
143 (6)(a) Any information restricted from general public
144 display, inspection, or copying under paragraph (5)(a) pursuant
145 to a request for removal made under s. 119.071 must be provided
146 at any time to the individual whose information was removed. The
147 written request for the restricted information must be by sworn
148 affidavit consistent with s. 92.50 and must include the Official
149 Records book and page number, instrument number, or the clerk’s
150 file number for any information or document to be released and a
151 description of the lawful purpose and must identify the
152 individual or property that is the subject of the search. Any
153 party making a false attestation is subject to the penalty of
154 perjury under s. 837.012. A fee may not be charged for the
155 production of any document pursuant to such request.
156 (b)1. For the purpose of conducting a title search, as
157 defined in s. 627.7711, of the Official Records, as described in
158 s. 28.222(2), and upon presentation of photo identification and
159 affirmation by sworn affidavit consistent with s. 92.50 to the
160 county recorder, information restricted from public display,
161 inspection, or copying under paragraph (5)(a) pursuant to a
162 request for removal made under s. 119.071(4)(d) may be disclosed
163 to:
164 a. A title insurer authorized pursuant to s. 624.401 and
165 its affiliates as defined in s. 624.10;
166 b. A title insurance agent or title insurance agency as
167 defined in s. 626.841(1) and (2), respectively; or
168 c. An attorney duly admitted to practice law in this state
169 and in good standing with The Florida Bar.
170 2. The photo identification and affirmation by sworn
171 affidavit may be delivered in person, by mail, or by electronic
172 transmission to the county recorder.
173 3. The affiant requestor must attest to his or her
174 authority and the authorized purpose to access exempt
175 information pursuant to this section for the property specified
176 within the sworn affidavit.
177 4. The affiant requestor must include the Official Records
178 book and page number, instrument number, or the clerk’s file
179 number for each document requested within the sworn affidavit
180 and must include a description of the lawful purpose and
181 identify the individual or property that is the subject of the
182 search within the sworn affidavit.
183 5. Affidavits submitted by a title insurer, title insurance
184 agent, or title insurance agency must include the Florida
185 Company Code or the license number, as applicable, and an
186 attestation to the affiant requestor’s authorization to transact
187 business in this state. Affidavits submitted by an attorney
188 authorized under this section must include the affiant
189 requestor’s Florida Bar number and a statement that the affiant
190 requestor has an agency agreement with a title insurer directly
191 or through his or her law firm.
192 6. The county recorder must record such affidavit in the
193 Official Records, as described in s. 28.222(2), but may not
194 place the image or copy of the affidavit on a publicly available
195 Internet website for general public display.
196 7. Upon providing a document disclosing redacted
197 information to an affiant requestor under this section, the
198 county recorder must provide a copy of the affidavit requesting
199 disclosure of the redacted information to each affected party at
200 the address listed on the document or on the request for removal
201 made by the affected party under s. 119.071. The county recorder
202 must prepare a certificate of mailing to be affixed to the
203 affidavit and must receive the statutory service charges as
204 prescribed by s. 28.24 from the affiant requestor.
205 8. Any party making a false attestation under this section
206 is subject to the penalty of perjury under s. 837.012.
207 (7) A person who uses any official record in a manner not
208 authorized in this section commits a misdemeanor of the second
209 degree, punishable as provided in s. 775.082 or s. 775.083. A
210 person who unlawfully uses any official record with intent to
211 cause bodily harm or with intent to threaten to cause bodily
212 harm commits a felony of the third degree, punishable as
213 provided in s. 775.082, s. 775.083, or s. 775.084.
214 Section 3. Paragraph (d) of subsection (4) of section
215 119.071, Florida Statutes, is amended to read:
216 119.071 General exemptions from inspection or copying of
217 public records.—
218 (4) AGENCY PERSONNEL INFORMATION.—
219 (d)1. For purposes of this paragraph, the term:
220 a. “Home addresses” means the dwelling location at which an
221 individual resides and includes the physical address, mailing
222 address, street address, parcel identification number, plot
223 identification number, legal property description, neighborhood
224 name and lot number, GPS coordinates, and any other descriptive
225 property information that may reveal the home address.
226 b. “Telephone numbers” includes home telephone numbers,
227 personal cellular telephone numbers, personal pager telephone
228 numbers, and telephone numbers associated with personal
229 communications devices.
230 2.a. The home addresses, telephone numbers, dates of birth,
231 and photographs of active or former sworn law enforcement
232 personnel or of active or former civilian personnel employed by
233 a law enforcement agency, including correctional and
234 correctional probation officers, personnel of the Department of
235 Children and Families whose duties include the investigation of
236 abuse, neglect, exploitation, fraud, theft, or other criminal
237 activities, personnel of the Department of Health whose duties
238 are to support the investigation of child abuse or neglect, and
239 personnel of the Department of Revenue or local governments
240 whose responsibilities include revenue collection and
241 enforcement or child support enforcement; the names, home
242 addresses, telephone numbers, photographs, dates of birth, and
243 places of employment of the spouses and children of such
244 personnel; and the names and locations of schools and day care
245 facilities attended by the children of such personnel are exempt
246 from s. 119.07(1) and s. 24(a), Art. I of the State
247 Constitution.
248 b. The home addresses, telephone numbers, dates of birth,
249 and photographs of current or former nonsworn investigative
250 personnel of the Department of Financial Services whose duties
251 include the investigation of fraud, theft, workers’ compensation
252 coverage requirements and compliance, other related criminal
253 activities, or state regulatory requirement violations; the
254 names, home addresses, telephone numbers, dates of birth, and
255 places of employment of the spouses and children of such
256 personnel; and the names and locations of schools and day care
257 facilities attended by the children of such personnel are exempt
258 from s. 119.07(1) and s. 24(a), Art. I of the State
259 Constitution.
260 c. The home addresses, telephone numbers, dates of birth,
261 and photographs of current or former nonsworn investigative
262 personnel of the Office of Financial Regulation’s Bureau of
263 Financial Investigations whose duties include the investigation
264 of fraud, theft, other related criminal activities, or state
265 regulatory requirement violations; the names, home addresses,
266 telephone numbers, dates of birth, and places of employment of
267 the spouses and children of such personnel; and the names and
268 locations of schools and day care facilities attended by the
269 children of such personnel are exempt from s. 119.07(1) and s.
270 24(a), Art. I of the State Constitution.
271 d. The home addresses, telephone numbers, dates of birth,
272 and photographs of current or former firefighters certified in
273 compliance with s. 633.408; the names, home addresses, telephone
274 numbers, photographs, dates of birth, and places of employment
275 of the spouses and children of such firefighters; and the names
276 and locations of schools and day care facilities attended by the
277 children of such firefighters are exempt from s. 119.07(1) and
278 s. 24(a), Art. I of the State Constitution.
279 e. The home addresses, dates of birth, and telephone
280 numbers of current or former justices of the Supreme Court,
281 district court of appeal judges, circuit court judges, and
282 county court judges; the names, home addresses, telephone
283 numbers, dates of birth, and places of employment of the spouses
284 and children of current or former justices and judges; and the
285 names and locations of schools and day care facilities attended
286 by the children of current or former justices and judges are
287 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
288 Constitution.
289 f. The home addresses, telephone numbers, dates of birth,
290 and photographs of current or former state attorneys, assistant
291 state attorneys, statewide prosecutors, or assistant statewide
292 prosecutors; the names, home addresses, telephone numbers,
293 photographs, dates of birth, and places of employment of the
294 spouses and children of current or former state attorneys,
295 assistant state attorneys, statewide prosecutors, or assistant
296 statewide prosecutors; and the names and locations of schools
297 and day care facilities attended by the children of current or
298 former state attorneys, assistant state attorneys, statewide
299 prosecutors, or assistant statewide prosecutors are exempt from
300 s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
301 g. The home addresses, dates of birth, and telephone
302 numbers of general magistrates, special magistrates, judges of
303 compensation claims, administrative law judges of the Division
304 of Administrative Hearings, and child support enforcement
305 hearing officers; the names, home addresses, telephone numbers,
306 dates of birth, and places of employment of the spouses and
307 children of general magistrates, special magistrates, judges of
308 compensation claims, administrative law judges of the Division
309 of Administrative Hearings, and child support enforcement
310 hearing officers; and the names and locations of schools and day
311 care facilities attended by the children of general magistrates,
312 special magistrates, judges of compensation claims,
313 administrative law judges of the Division of Administrative
314 Hearings, and child support enforcement hearing officers are
315 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
316 Constitution.
317 h. The home addresses, telephone numbers, dates of birth,
318 and photographs of current or former human resource, labor
319 relations, or employee relations directors, assistant directors,
320 managers, or assistant managers of any local government agency
321 or water management district whose duties include hiring and
322 firing employees, labor contract negotiation, administration, or
323 other personnel-related duties; the names, home addresses,
324 telephone numbers, dates of birth, and places of employment of
325 the spouses and children of such personnel; and the names and
326 locations of schools and day care facilities attended by the
327 children of such personnel are exempt from s. 119.07(1) and s.
328 24(a), Art. I of the State Constitution.
329 i. The home addresses, telephone numbers, dates of birth,
330 and photographs of current or former code enforcement officers;
331 the names, home addresses, telephone numbers, dates of birth,
332 and places of employment of the spouses and children of such
333 personnel; and the names and locations of schools and day care
334 facilities attended by the children of such personnel are exempt
335 from s. 119.07(1) and s. 24(a), Art. I of the State
336 Constitution.
337 j. The home addresses, telephone numbers, places of
338 employment, dates of birth, and photographs of current or former
339 guardians ad litem, as defined in s. 39.820; the names, home
340 addresses, telephone numbers, dates of birth, and places of
341 employment of the spouses and children of such persons; and the
342 names and locations of schools and day care facilities attended
343 by the children of such persons are exempt from s. 119.07(1) and
344 s. 24(a), Art. I of the State Constitution.
345 k. The home addresses, telephone numbers, dates of birth,
346 and photographs of current or former juvenile probation
347 officers, juvenile probation supervisors, detention
348 superintendents, assistant detention superintendents, juvenile
349 justice detention officers I and II, juvenile justice detention
350 officer supervisors, juvenile justice residential officers,
351 juvenile justice residential officer supervisors I and II,
352 juvenile justice counselors, juvenile justice counselor
353 supervisors, human services counselor administrators, senior
354 human services counselor administrators, rehabilitation
355 therapists, and social services counselors of the Department of
356 Juvenile Justice; the names, home addresses, telephone numbers,
357 dates of birth, and places of employment of spouses and children
358 of such personnel; and the names and locations of schools and
359 day care facilities attended by the children of such personnel
360 are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
361 Constitution.
362 l. The home addresses, telephone numbers, dates of birth,
363 and photographs of current or former public defenders, assistant
364 public defenders, criminal conflict and civil regional counsel,
365 and assistant criminal conflict and civil regional counsel; the
366 names, home addresses, telephone numbers, dates of birth, and
367 places of employment of the spouses and children of current or
368 former public defenders, assistant public defenders, criminal
369 conflict and civil regional counsel, and assistant criminal
370 conflict and civil regional counsel; and the names and locations
371 of schools and day care facilities attended by the children of
372 current or former public defenders, assistant public defenders,
373 criminal conflict and civil regional counsel, and assistant
374 criminal conflict and civil regional counsel are exempt from s.
375 119.07(1) and s. 24(a), Art. I of the State Constitution.
376 m. The home addresses, telephone numbers, dates of birth,
377 and photographs of current or former investigators or inspectors
378 of the Department of Business and Professional Regulation; the
379 names, home addresses, telephone numbers, dates of birth, and
380 places of employment of the spouses and children of such current
381 or former investigators and inspectors; and the names and
382 locations of schools and day care facilities attended by the
383 children of such current or former investigators and inspectors
384 are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
385 Constitution.
386 n. The home addresses, telephone numbers, and dates of
387 birth of county tax collectors; the names, home addresses,
388 telephone numbers, dates of birth, and places of employment of
389 the spouses and children of such tax collectors; and the names
390 and locations of schools and day care facilities attended by the
391 children of such tax collectors are exempt from s. 119.07(1) and
392 s. 24(a), Art. I of the State Constitution.
393 o. The home addresses, telephone numbers, dates of birth,
394 and photographs of current or former personnel of the Department
395 of Health whose duties include, or result in, the determination
396 or adjudication of eligibility for social security disability
397 benefits, the investigation or prosecution of complaints filed
398 against health care practitioners, or the inspection of health
399 care practitioners or health care facilities licensed by the
400 Department of Health; the names, home addresses, telephone
401 numbers, dates of birth, and places of employment of the spouses
402 and children of such personnel; and the names and locations of
403 schools and day care facilities attended by the children of such
404 personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of
405 the State Constitution.
406 p. The home addresses, telephone numbers, dates of birth,
407 and photographs of current or former impaired practitioner
408 consultants who are retained by an agency or current or former
409 employees of an impaired practitioner consultant whose duties
410 result in a determination of a person’s skill and safety to
411 practice a licensed profession; the names, home addresses,
412 telephone numbers, dates of birth, and places of employment of
413 the spouses and children of such consultants or their employees;
414 and the names and locations of schools and day care facilities
415 attended by the children of such consultants or employees are
416 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
417 Constitution.
418 q. The home addresses, telephone numbers, dates of birth,
419 and photographs of current or former emergency medical
420 technicians or paramedics certified under chapter 401; the
421 names, home addresses, telephone numbers, dates of birth, and
422 places of employment of the spouses and children of such
423 emergency medical technicians or paramedics; and the names and
424 locations of schools and day care facilities attended by the
425 children of such emergency medical technicians or paramedics are
426 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
427 Constitution.
428 r. The home addresses, telephone numbers, dates of birth,
429 and photographs of current or former personnel employed in an
430 agency’s office of inspector general or internal audit
431 department whose duties include auditing or investigating waste,
432 fraud, abuse, theft, exploitation, or other activities that
433 could lead to criminal prosecution or administrative discipline;
434 the names, home addresses, telephone numbers, dates of birth,
435 and places of employment of spouses and children of such
436 personnel; and the names and locations of schools and day care
437 facilities attended by the children of such personnel are exempt
438 from s. 119.07(1) and s. 24(a), Art. I of the State
439 Constitution.
440 s. The home addresses, telephone numbers, dates of birth,
441 and photographs of current or former directors, managers,
442 supervisors, nurses, and clinical employees of an addiction
443 treatment facility; the home addresses, telephone numbers,
444 photographs, dates of birth, and places of employment of the
445 spouses and children of such personnel; and the names and
446 locations of schools and day care facilities attended by the
447 children of such personnel are exempt from s. 119.07(1) and s.
448 24(a), Art. I of the State Constitution. For purposes of this
449 sub-subparagraph, the term “addiction treatment facility” means
450 a county government, or agency thereof, that is licensed
451 pursuant to s. 397.401 and provides substance abuse prevention,
452 intervention, or clinical treatment, including any licensed
453 service component described in s. 397.311(26).
454 t. The home addresses, telephone numbers, dates of birth,
455 and photographs of current or former directors, managers,
456 supervisors, and clinical employees of a child advocacy center
457 that meets the standards of s. 39.3035(1) and fulfills the
458 screening requirement of s. 39.3035(2), and the members of a
459 Child Protection Team as described in s. 39.303 whose duties
460 include supporting the investigation of child abuse or sexual
461 abuse, child abandonment, child neglect, and child exploitation
462 or to provide services as part of a multidisciplinary case
463 review team; the names, home addresses, telephone numbers,
464 photographs, dates of birth, and places of employment of the
465 spouses and children of such personnel and members; and the
466 names and locations of schools and day care facilities attended
467 by the children of such personnel and members are exempt from s.
468 119.07(1) and s. 24(a), Art. I of the State Constitution.
469 3. An agency that is the custodian of the information
470 specified in subparagraph 2. and that is not the employer of the
471 officer, employee, justice, judge, or other person specified in
472 subparagraph 2. must shall maintain the exempt status of that
473 information only if the officer, employee, justice, judge, other
474 person, or employing agency of the designated employee submits a
475 written and notarized request for maintenance of the exemption
476 to the custodial agency. The request must state under oath the
477 statutory basis for the individual’s exemption request and
478 confirm the individual’s status as a party eligible for exempt
479 status.
480 4.a. A county property appraiser as defined in s.
481 192.001(3) or a county tax collector as defined in s. 192.001(4)
482 who receives a written and notarized request for maintenance of
483 the exemption pursuant to subparagraph 3. must comply by
484 removing the name of the individual with exempt status and the
485 instrument number or Official Records book and page number
486 identifying the property with the exempt status from all
487 publicly available records maintained by the property appraiser
488 or tax collector. For written requests received on or before
489 July 1, 2021, a county property appraiser or county tax
490 collector must comply with this section by October 1, 2021. A
491 county property appraiser or county tax collector may not remove
492 the street address, legal description, or other information
493 identifying real property within the agency’s records so long as
494 a name or personal information otherwise exempt from inspection
495 and copying pursuant to this section are not associated with the
496 property or otherwise displayed in the public records of the
497 agency.
498 b. Any information restricted from public display,
499 inspection, or copying under sub-subparagraph a. must be
500 provided to the individual whose information was removed.
501 5.4. An officer, an employee, a justice, a judge, or other
502 person specified in subparagraph 2. may submit a written request
503 for the release of his or her exempt information to the
504 custodial agency. The written request must be notarized and must
505 specify the information to be released and the party that is
506 authorized to receive the information. Upon receipt of the
507 written request, the custodial agency must shall release the
508 specified information to the party authorized to receive such
509 information.
510 6.5. The exemptions in this paragraph apply to information
511 held by an agency before, on, or after the effective date of the
512 exemption.
513 7.6. Information made exempt under this paragraph may be
514 disclosed pursuant to s. 28.2221 to a title insurer authorized
515 pursuant to s. 624.401 and its affiliates as defined in s.
516 624.10; a title insurance agent or title insurance agency as
517 defined in s. 626.841(1) or (2), respectively; or an attorney
518 duly admitted to practice law in this state and in good standing
519 with The Florida Bar.
520 8. The exempt status of a home address contained in the
521 Official Records is maintained only during the period when a
522 protected party resides at the dwelling location. Upon
523 conveyance of real property after October 1, 2021, and when such
524 real property no longer constitutes a protected party’s home
525 address as defined in sub-subparagraph 1.a., the protected party
526 must submit a written request to release the removed information
527 to the county recorder. The written request to release the
528 removed information must be notarized, must confirm that a
529 protected party’s request for release is pursuant to a
530 conveyance of his or her dwelling location, and must specify the
531 Official Records book and page number, instrument number, or
532 clerk’s file number for each document containing the information
533 to be released.
534 9. Upon the death of a protected party as verified by a
535 certified copy of a death certificate or court order, any party
536 may request the county recorder to release a protected
537 decedent’s removed information unless there is a related request
538 on file with the county recorder for continued removal of the
539 decedent’s information or unless such removal is otherwise
540 prohibited by statute or by court order. The written request to
541 release the removed information upon the death of a protected
542 party must attach the certified copy of a death certificate or
543 court order and must be notarized, must confirm the request for
544 release is due to the death of a protected party, and must
545 specify the Official Records book and page number, instrument
546 number, or clerk’s file number for each document containing the
547 information to be released. A fee may not be charged for the
548 release of any document pursuant to such request.
549 10. This paragraph is subject to the Open Government Sunset
550 Review Act in accordance with s. 119.15 and shall stand repealed
551 on October 2, 2024, unless reviewed and saved from repeal
552 through reenactment by the Legislature.
553 Section 4. Section 695.22, Florida Statutes, is amended to
554 read:
555 695.22 Daily schedule of deeds and conveyances filed for
556 record to be furnished property appraiser.—After October 1,
557 1945, the several county recorders must clerks of the circuit
558 courts shall keep and furnish to the respective county property
559 appraisers in the counties where such instruments are recorded a
560 daily schedule of the aforesaid deeds and conveyances so filed
561 for recordation, in which schedule must shall be set forth the
562 name of the grantor or grantors, the names and addresses of each
563 grantee, and a description of the land as specified in each
564 instrument so filed. The daily schedule must include
565 notification of any information therein which is subject to a
566 request for removal on file with the county recorder.
567 Section 5. This act shall take effect July 1, 2021.