Florida Senate - 2022 COMMITTEE AMENDMENT Bill No. CS for SB 1304 Ì227864FÎ227864 LEGISLATIVE ACTION Senate . House Comm: RCS . 02/23/2022 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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 term “court 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.