Florida Senate - 2022                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1304
       
       
       
       
       
       
                                Ì227864FÎ227864                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/23/2022           .                                
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       The Committee on Rules (Gruters) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 662.1465, Florida Statutes, is created
    6  to read:
    7         662.1465 Family trust company proceedings; public records
    8  exemption.—
    9         (1)In proceedings under chapter 736 or chapter 738 in
   10  which a family trust company, licensed family trust company, or
   11  foreign licensed family trust company is a party, upon written
   12  notice from any party to the clerk that this section is
   13  applicable, the clerk shall keep all court records of that case
   14  separate from other records of the court and not open to
   15  inspection by the public. Upon receipt of such written notice,
   16  court records of that case are confidential and exempt from s.
   17  119.07 and s. 24(a), Art. I of the State Constitution and must
   18  be protected. For the purposes of this section, the termcourt
   19  records” means the docket and all filings and other records of a
   20  case.
   21         (2)Notwithstanding subsection (1), court records may be
   22  inspected upon order of the court by persons deemed by the court
   23  to have a specific interest in the trust, a transaction relating
   24  to the trust, or an asset held or previously held by the trust
   25  and where the court determines there is a compelling need for
   26  releasing the information requested. In granting a right to any
   27  person to inspect court records, the court may limit access to
   28  such information as the court deems necessary and may place any
   29  reasonable restriction on further distribution of such
   30  information by such person.
   31         (3) Notwithstanding subsection (1), the clerk shall make
   32  court records available to the following individuals:
   33         (a) The settlor.
   34         (b) Any fiduciary for the trust, including a trustee or
   35  trust director.
   36         (c) Any beneficiary of the trust.
   37         (d) An attorney for the settlor, a fiduciary, or a
   38  beneficiary of the trust.
   39         Section 2. The Legislature finds that it is a public
   40  necessity that the court records of proceedings under chapter
   41  736, Florida Statutes, or chapter 738, Florida Statutes,
   42  involving family trust companies, licensed family trust
   43  companies, or foreign licensed family trust companies be made
   44  confidential and exempt from s. 119.07, Florida Statutes, and s.
   45  24(a), Article I of the State Constitution under certain
   46  circumstances. Public disclosure of the court records of such
   47  proceedings, which include information relating to the clients,
   48  family members, members, or stockholders of a family trust
   49  company, licensed family trust company, or foreign licensed
   50  family trust company would vitiate other protections granted by
   51  law to such companies and their constituents. In addition,
   52  proceedings under chapter 736, Florida Statutes, or chapter 738,
   53  Florida Statutes, often involve large sums of money or
   54  vulnerable people who could be targeted for exploitation or
   55  abuse. Public disclosure of sensitive family and financial
   56  information contained in the court records of such proceedings
   57  can result in specific harm to beneficiaries and other
   58  interested parties in these cases. Therefore, the Legislature
   59  finds that the need to protect the identities of beneficiaries
   60  of trusts for which a family trust company, licensed family
   61  trust company, or foreign licensed family trust company is a
   62  trustee, and the sensitive financial information contained in
   63  the court records of such proceedings, is sufficiently
   64  compelling to override the state’s public policy of open
   65  government and that the protection of such information cannot be
   66  accomplished without this exemption.
   67         Section 3. This act shall take effect July 1, 2022.
   68  
   69  ================= T I T L E  A M E N D M E N T ================
   70  And the title is amended as follows:
   71         Delete everything before the enacting clause
   72  and insert:
   73                        A bill to be entitled                      
   74         An act relating to public records; creating s.
   75         662.1465, F.S.; requiring clerks to take certain
   76         actions relating to court records for proceedings
   77         under ch. 736, F.S., and ch. 738, F.S., in which a
   78         family trust company, licensed family trust company,
   79         or foreign licensed family trust company is a party
   80         and upon written notice; creating an exemption from
   81         public records requirements for such records; defining
   82         the term “court records”; authorizing certain persons
   83         to inspect such records if certain requirements are
   84         met; authorizing clerks to make records available to
   85         specified individuals under certain circumstances;
   86         providing a statement of public necessity; providing
   87         an effective date.